International Law Commission
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International Law Commission

The International Law Commission is said to be a body of genius or experts accountable or responsible for helping develop and systemize international law. It is collected of 34 separate acknowledged for their skills and modification or qualification in international law, who are appointed by the  (United Nations General Assembly) in every 5 years.

The intellectual roots of the International Law Commission were established as early as the 19th century when the Convention of Vienna in Europe evolved various international rules and regulations to constitute behavior among its members. Following various attempts to develop and justify international law in the early 20th century, the International Law Commission was established in 1947 by the United Nations General Assembly stated to the Authority of the United States, which calls on the Parliament to help develop and frame international law. The Commission held its first meeting in 1949, with its internal work effect by the Second World War and following concerns about international offense such as genocide or mass murder and acts of hostility or aggression.

The International Law Commission has since held annual meetings at the U.N. Office at Geneva to talk over and debate different topics in international law and develop international legal essential accordingly. It is accountable or responsible for various principal developments in international law, incorporate the Vienna Agreement on the Law of Conventions, which enacted a substructure for forming and explaining treaties, and the International Criminal Court, the prime permanent tribunal assigned with determining crimes or offense such as genocide or mass-murder and crimes against humanity.

Beginning of International Law Commission

Various attempts were made all over the past to organize international law. The work that led to the International Law Commission was started in the Resolution of the Assembly of the League of States of 22 September 1924, which enacted the Committee of Specialists for the Progressive Arrangement of International Law, including of 17 members, for the motive of making advice as to which problems need to be labeled in international law and the steps desirable conclusion. The Committee’s work led to the League of Nations Codification Meeting of 1930, which assigned majorly with the problem’s of nationality laws, national waters, and state accountability or responsibility to damage caused to external nationals.

Many ideas of the 1930 meeting were embraced in the Authority of the United States, which enacted the heir organization to the alliance.

Conforming to this supplying, on December 11, 1946, the General Assembly proceed with Resolution 94, which said to establish a board of legal experts to make advice to the United Nations Secretary-General on the manner of the General Assembly could stimulate the progressive development of international law and its classification. The board of experts inclusive of 17 members and persuade from May 12 to June 17, 1947. It recommended to enacted an enduring UN commission to encourage these objectives.

On November 21, 1947, the United Nations General Assembly proceed with Resolution 174, which provided for the formation of an “International Law Commission” to fulfill the commitment of the Authority. To the resolution was attached the regulation of the Commission, which explained its motive as being:

  • Encouraging the arrangement of international law.
  • Solving issues within both public and private international law.
  • The working process for the Commission was involved in articles 16-26.

The procedure of Working of International Law Commission

The work of the Commission is constituted by its regulation, which was internally approved by the General Assembly on November 21, 1947, and later modified on December 12, 1950, December 3, 1955, and November 18, 1981.

It incorporates 34 members who all must be genius on international law, appointed to the situation by the General Assembly from a list of members nominated by governments of member states in the United Nations. Members act as separate and not as officials constituting their separate nations.

One locality of action for the commission in the arrangement of elements of international law is when solicited to do so by the General Assembly. In that case, the commission assigned one of its members as a Special representative on that topic or subject and assemble a plan of work related to the problems in question. Governments are seeking to submit to the commission their handwritten opinions on the problems in question, as mentioned in the plan of work. The representative then writes a report of his or her advice or recommendation on the subject under argument and the report must be accepted by the rest of the commission as well as by the United Nations Secretary-General before it becomes official commission instruments or documents. The commission then reviews the report after obtaining additional written suggestions from governments, and the report is being then submitted to the General Assembly for approval.

Another locality of action is when the commission is seeking whichever by a government, an international governmental organization, or a United States branch to draft projects for international agreements or Conventions on different issues. In that case, the commission composes a plan of work and obtains written suggestions from governments on the problem in question. The final order is also given to the General Assembly.

The commission also works alone or independently of outer requests by its efficient work of considering questions of international law. Also in these cases, all suggestions or advice for actions are given to the General Assembly for final approval. The commission’s alone consideration usually takes place in its yearly sessions.

Annual Meeting

In starting of each meeting, the commission appoints one of its members to obey or serve as its chairman until the next meeting.

The general election of the 15 commission candidates by the General Assembly was situated on November 3, 1948.

1st Meeting 1949

The 1st meeting of the commission was detained or held in Lake Success, New York, US, from April 12 to June 9, 1949. The scheduled program for the meeting include 6 Notes:

  • Making a common survey of the title of international law that obtains classification into treaties and conventions or agreements.
  • The rights and duties of nations.
  • The Nuremberg Assumption and the explanation of crimes against the peace of mankind.
  • Possibility of enacting a government body to prosecute leaders guilty of mass murder or genocide.
  • Searching ways to make the rules or regulations and documents of international law more obtainable to the public and geniuses.
  • Collaboration by the International Law Commission with other United Nations agencies.

During that conference meeting, dispute or argument arose between the members as to whether the commission was subjected to incorporate a topic on its propaganda or agenda without the prior agreement of the General Assembly. On this problem or issues, the commission expressed that it was capable to do so, by a vote of 10 to 4.

Another chapter under argument or discussion was the statement on the rights and duties of nations. It was decided to eliminate the problem or issues of the right of asylum from the initiated draft, and to argue on the matter further at the 2nd meeting.

Other issues rescheduled until the 2nd meeting were:

  • The expression of the Nuremberg Assumption and the list of crimes against the peace of mankind.
  • The problem of global or universal criminal authority.
  • Making a book of international law more available.
  • Collaboration with governments and United Nations agencies.

2nd Meeting 1950

The 2nd meeting was detained or held in Geneva from June 5 to July 29, 1950. The chairman of that conference meeting was Georges Scelle. The propaganda or agenda and the final resolutions of the meeting were as follows:

  • Original Note: Announcement of the 1st general meeting and the draft declaration on the rights and duties of nations or states, both of which were now approved by the General Assembly –

Settlement: the commission took note of that without taking further action.

  • Original Note: The General Council advice to give priority to the issue of territorial waters

Settlement: the commission accepted the advice.

  • Original Note: Expression of the Nuremberg Assumption and the draft code of crimes against the peace and security of mankind –

Settlement: the commission expressed a set of 7 Assumption to be mention as “Nuremberg Assumption”.

  • Original Note: The appeal and possibility of enacting an international court to try political head guilty of mass-murder or genocide –

 Settlement: the commission passed resolutions to the impact that the formation of such a court was advisable and possible. However, the formation of such a court was rescheduled until further argument.

  • Original Note: Law of settlement –

Settlement: the commission reschedules Settlements until further required study.

  • Original Note: Negotiation process between nations –

 Settlement: the commission was unable to reach a convention on the necessary negotiation process, and the problems were rescheduled until further thought or consideration.

The behavior of the 2nd meeting was affected by the East-West crack emerging from the Warfare or Conflict. Already at the 1st meeting of that conference, the Soviet applicant Koretsky protested that the People’s Republic of China was not constituted on the commission, maintaining it represented the Chinese person and not the Republic of China, now adjudicating or ruling in Taiwan only. He inquired the Chinese person of the commission be return by a member from the continent or mainland China. Commission chairman Scelle against the Soviet demand, declaring that each member constituted his legal views rather than any government situation. The commission obtained Hudson’s place by a vote of 10 to 1, and Koretsky in challenge left the conference meeting without presenting or attending any further meetings. A letter of challenge or protest by the government of the People’s Republic of China against the constitution of Taiwan at the commission was constituted to the commission on June 8, but no strict action was taken in that concern.

3rd meeting, 1951

The 3rd meeting was detained or held in Geneva from May 16 to July 27, 1951. The propaganda and agenda of the meeting were as follows:

  • Note: General Assembly advice for alterations of the commission’s rule and regulation –

Settlement: the commission made a limited report on the problem or issue or matter.

  • Note: The draft law of crime against the peace of humanity –

Settlement: the commission composed a draft.

  • Note: Duties of nations in the occasion of the epidemic of unkindness –

 Settlement: the commission distinct to proceed with an explanation of hostility in general expression.

4rth Meeting 1952

The 4th meeting was detained or held in Geneva from June 4 to August 8, 1952.

Almost of the meeting was subjected to the problem’s of negotiation procedure, on which the commission embraced a preliminary draft, including of 32 articles.

5th Meeting 1953

The 5th meeting was detained or held in Geneva from June 1 to August 14, 1953.

As was concluded at the introduction meeting of the 2nd meeting, also at this meeting, the Soviet illustrative Feodor. Kozhevnikov inquired to release the illustrative of Taiwan and nominate an of the People’s Republic of China in his place. The motion was rejected this time as well, but the Soviet applicant did not walk out on the conference meeting as was done in 1950.

The commission began work on drafting an agreement or convention to decrease the issue of emigrants.

6th Meeting 1954

The 6th meeting was detained or held in Paris from June 3 to July 28, 1954.

In starting of the meeting, the chairman of UNESCO communicates a salute to the commission for holding a conference meeting at the place of the organization.

The commission composed a draft agreement or convention for the reduction of emigrants and a draft system of crimes against the peace of humanity.

7th meeting 1955

The 7th meeting was detained or held in Geneva from May 2 to July 8, 1955.

The commission embraces Provisional articles referencing the authorities of the high seas. It also distinct to request the United Nations Secretary-General to start uniform publication of the commission’s conference meeting to make them available for the public. This Convention or Agreement led to General Assembly intention 987, which surfaced the way to orderly publication of the commission’s annual book

Achievement

The International Law Commission’s work has led to the formation of several agreement or resolution and other works of international law that are an essential key to the current international legal order:

  • The Vienna Agreement on the Law of Conventions
  • The Vienna Agreement on Succession of  Nations in respect of Conventions
  • The Vienna Agreement on Diplomatic Connection
  • The Draft Articles on the Accountability or Responsibility of Nations for Internationally Wrongful Acts
  • The International Criminal Court first suggested in December 1948 at the appeal of the United Nations General Assembly.

Conclusion

Encompassing two draft conclusions, it identifies that controlling a rule of traditional international law requires enacting the alive of two constituent components: a common exercise, and acceptance of that exercise as law. This needs a careful examination of the authentication for each component.