The International Law Commission

Abstract

One of the principal achievements of the United Nations is its work in codifying and developing international law. The International Law Commission, created in 1949, a subsidiary organ of the General Assembly, is the chief agency of the United Nations for achieving these tasks. The Chairman of the Commission at its sixteenth session, Professor Roberto Ago of Italy, stated in the Commission on July 16, 1964, that if the codification work which was now taking place in that body could be completed and accepted by states, progress would have been made without precedent since the time of Grotius. So well-established has the International Law Commission become on the international scene that it is almost surprising to recall that the existence of this body rests, not on any specific wording of the United Nations Charter calling for the creation of such a body of experts, but on the general phraseology of Article 13 of the Charter which provides that “the General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting … and encouraging the progressive development of international law and its codification.” In the space of seventeen years the International Law Commission has achieved widespread recognition for the high quality of its work; it would be no exaggeration to say that it has come to be regarded as rivaling in importance the work of the International Court of Justice. As “the principal judicial organ of the United Nations,” as successor to the Permanent Court of Justice — a new feature of international institutions in the modern era — and as the highest international judicial tribunal, the International Court of Justice is regarded, in the general scheme of the Charter, as an exceptionally prestigious body.

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