The International Law Commission in a Mirror - Forms, Impact and Authority

This chapter is a contribution to a forthcoming edited volume on the seventieth anniversary of the International Law Commission.

20 Pages Posted: 25 Oct 2019

Laurence Boisson de Chazournes

University of Geneva - Faculty of Law - Department of Public International Law; Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS)

Date Written: September 25, 2019

Abstract

In its 70 years of existence, the International Law Commission has accomplished sterling work in many respects. Much of its output is considered to be the cornerstone of the contemporary international legal order.

However, this positive note should not distract attention from the challenges facing the Commission. Among these, the end of the “golden era” of codification, and the phenomenon of treaty fatigue call into question the relatively comfortable position of the International Law Commission. Questions arise: Is the progressive reduction in the number of conventions adopted as a result of the Commission’s work a sign of its decline? Is the increasing diversity of instruments used by the Commission a problem in terms of impact?

To answer these questions, this contribution first deals with the diversity of forms of the final products and the questions this diversity raises in terms of legal effects (II.) Once this framework for analyzing the Commission’s work has been established, its impacts are examined (III.). The contribution then focuses on the users of the Commission’s work (IV.), and also shed light on its authority (V.).

REFERÊNCIA
BOISSON DE CHAZOURNES, Laurence. The International Law Commission in a Mirror - Forms, Impact and Authority (September 25, 2019). This chapter is a contribution to a forthcoming edited volume on the seventieth anniversary of the International Law Commission. Disponível em: <https://ssrn.com/abstract=3470773>. Acesso em: 04 nov. 2019.