International Law Commission

Paper Summary:

This overview focuses on the ILC's mission, historical origins, composition and membership, functions, standards and accomplishments. It shows how during its first decade and a half, the ILC made significant contributions to the codification of existing international law and to its progressive development. It examines ways in which the ILC was successful in its early days and studies various criticism of its functions.

From the Paper:

"Article 13, para. 1a. of the UN Charter provides: "The General Assembly shall initiate studies and make recommendations for the purpose of . . . promoting international cooperation in the political field and encourage the progressive development of international law and its codification." ILC was created by GA Resolution 174 (II) on November 21, 1947. Its first members were selected on November 3, 1948 and it held its first working session on April 12, 1949. Its mission, as described in Article 15 of the Statute of the International Law Commission was: (1) "the more precise formalization and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine;" and (2) "the progressive development of new international law," which Article 15 defined as "the preparation of draft convention on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States." "

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