Relationship with other bodies Geneva International Law Seminar Gilberto Amado Memorial Lecture Series Other activities 1998 Seminar 1997 Colloquium Internships Extracts from The Work of the International Law Commission, 6th ed., vol. 1

Relationship with other bodies

Several articles of the Statute envisage the relationship which may be established between the Commission and various other bodies, both official and unofficial. The Commission may consider proposals or draft conventions submitted by principal organs of the United Nations other than the General Assembly, specialized agencies, or official bodies established by intergovernmental agreement to encourage the progressive development of international law and its codification (article 17, paragraph 1). ^[1]  In addition, the Commission may consult with: (a) any organ of the United Nations on any subject which is within the competence of that organ (article 25, paragraph 1); (b) any international or national organizations, official or non-official (article 26, paragraph 1); ^[2]  as well as (c) scientific institutions and individual experts (article 16 (e)). ^[3]  Furthermore, Commission documents on subjects within the competence of organs of the United Nations are circulated to those organs which may furnish information or make suggestions (article 25, paragraph 2). The Statute also provides for the distribution of the Commission’s documents to national and international organizations concerned with international law (article 26, paragraph 2).

The Commission has received proposals from official bodies other than the General Assembly on only two occasions during the early years of its work. At its second and third sessions, in 1950 and 1951, the Commission was notified of resolutions adopted by the Economic and Social Council of the United Nations (resolutions 304 D (XI) of 17 July 1950 (E, F, S, R, C) and 319 B III (XI) of 11 August 1950 (E, F, S, R, C)), in which the Council requested the Commission to deal with two subjects: the nationality of married women and the elimination of statelessness. The Commission dealt with these subjects in connection with the comprehensive topic of “Nationality, including statelessness”, which had already been selected for codification by the Commission in 1949.

The Commission has recommended that the General Assembly —and through it other bodies within the United Nations system — be encouraged to submit to the Commission possible topics involving codification and progressive development of international law. The Commission has further recommended that it should seek to develop links with other United Nations specialized bodies with law-making responsibilities in their field and, in particular, explore the possibility of exchange of information or even joint work on selected topics. ^[4]

The Commission has consulted with various bodies, both official and unofficial, on particular topics, including: the Food and Agriculture Organization on the law of the sea ^[5]  and shared natural resources; ^[6]  the United Nations High Commissioner for Refugees on nationality including statelessness ^[7]  and nationality in relation to the succession of States; ^[8]  the International Committee of the Red Cross, in particular, on the draft code of crimes against the peace and security of mankind; ^[9]  the International Association of Hydrogeologists on shared natural resources; ^[10]  a group of experts on the law of the sea; ^[11]  professors at Harvard Law School ^[12]  and various study groups ^[13]  on State responsibility; the members of the Committee against Torture, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Sub-Commission on the Promotion and Protection of Human Rights on reservations to treaties; ^[14]  the Société française de droit international on fragmentation of international law; ^[15]  as well as the International Law Association on diplomatic protection, responsibility of international organizations and the long-term programme of work. ^[16]

In some instances, the Commission has invited organizations concerned to submit relevant data and materials that could assist the Commission in determining its future work on a topic as well as comments and observations on the work in progress, ^[17]  including: relations between States and international organizations, the question of treaties concluded between two or more international organizations and reservations to treaties. ^[18]  In 2003, the Commission, requested the Secretariat to circulate, on an annual basis, the chapter of the Commission’s report on the topic of responsibility of international organizations to the United Nations, its specialized agencies as well as other international organizations for their comment. ^[19]  

The Commission is also involved in an ongoing process of consultations, exchange of views and mutual information with scientific institutions and professors of international law, which keeps the Commission abreast of new developments and trends in scholarly research on international law. For example, members of the Commission participated in the United Nations Colloquium on the Progressive Development and Codification of International Law ^[20]  (see below) as well as the seminar on the work of the International Law Commission during its first fifty years (see below), both of which were held to commemorate the fiftieth anniversary of the establishment of the Commission. ^[21]

Throughout the years, the Commission has maintained a close relationship with the International Court of Justice. The Commission is informed by the President of the Court of its recent activities and of the cases currently before it and the members of the Commission are given the opportunity to have an exchange views with the President.

The Commission has also established and maintained cooperative relationships with the Asian-African Legal Consultative Committee, the European Committee on Legal Cooperation and the Committee of Legal Advisers on Public International Law, the Inter-American Juridical Committee, and other regional and inter-regional organizations. The Commission is informed by representatives of these Committees of their recent activities and the members of the Commission have the opportunity to exchange views with them. For its part, the Commission is often represented by one of its members at the sessions and meetings of those bodies. The Commission has recommended that relations with other bodies, such as the regional legal bodies, should be further encouraged and developed. ^[22]

For a number of years, the Commission has also held consultations with the International Committee of the Red Cross on topics under consideration by the Commission as well as issues of international humanitarian law. ^[23]

The General Assembly has requested the Commission to continue the implementation of the relevant provisions of its Statute to further strengthen cooperation between the Commission and other bodies concerned with international law. ^[24]

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Geneva International Law Seminar ^(top)

The Seminar is intended for postgraduate students of international law and young professors or government officials dealing with questions of international law in the course of their work. The Seminar is held annually in Geneva, Switzerland, for three weeks each summer, in conjunction with the meetings of the International Law Commission (ILC). It enables the participants to become familiar with the work of the ILC by attending its public meetings, and to follow a programme of  lectures delivered by its members. Various other lectures and briefings are also organized, dealing with the work of other U.N. bodies, specialized agencies and the International Committee of the Red Cross. Since 1965, the Seminar has been a characteristic part of the Commission’s sessions, and many hundreds of young professionals have been introduced to the United Nations and to the work of the Commission through the Seminar. Application forms are available upon request as from the beginning of each calendar year.

Since the Seminar is funded by voluntary contributions, the convening of the Seminar and the number of fellowships depend entirely on the annual voluntary contributions of States.

See the UNOG web site (French) for more information on the seminar.

Information on each annual seminar is provided in the report of the Commission to the General Assembly.

Gilberto Amado Memorial Lecture Series ^(top)

During the consideration of the Report of the Commission at the twenty-fifth session of the General Assembly (in 1970) t was suggested in the Sixth Committee, in connection with the discussion on the point concerning the International Law Seminar, that with a view to honouring the memory of Gilberto Amado, the illustrious Brazilian jurist and former member of the International Law Commission,
the possibility should be considered of naming a series of sessions after him or of establishing a permanent
conference in his name within the Seminar.

The Government of Brazil, consulted by Mr. T. O. Elias, Chairman of the twenty-second session of the Commission, through Mr. Sette Camara, responded favourably to the idea and offered financial assistance. The Commission accepted a proposal by Mr. Elias that the memorial lecture should take the form of an annual commemoration to which the members of the Commission, the participants in the session of the International Law Seminar and about twenty-five other experts on international law, including the members of the Secretariat of the Commission, would be invited.

To date, the following memorial lectures have been presented:

(See Yearbook of the International Law Commission, 1971, vol. II, Part One, paras. 164 to 169)

Other activities

1998 Seminar to celebrate the fiftieth anniversary of the Commission ^(top)

A seminar, entitled "The International Law Commission fifty years after: An evaluation"was held in Geneva on 21 and 22 April 1998.  The seminar focused on the following topics:
 
1. An overview of the work of the International Law Commission 1948-1998
2. International responsibility and liability: Comments on the Commission's approach
3. State immunities: Current problems inherited from the past?
4. Law of treaties: Questions remain open
5. Future topics and problems of the international legislative process
6. Uses and perils of codification

Following a request by the General Assembly (res. 51/160 of 16 December 1996 (E, F, S, R, C, A)), a Colloquium on the progressive development and codification of international law was held in New York on 28 and 29 October 1997 to mark the commemoration of the fiftieth anniversary of the establishment of the International Law Commission. The purpose of the Colloquium was to generate concrete and practical suggestions for enhancing the working capacity of the Commission and for making international law more effective and relevant to decision-making.

The themes of the Colloquium were: an overview of the international law-making process and the role of the International Law Commission; major complexities encountered in contemporary international law-making; selection of topics for codification and progressive development by the Commission and its working methods; the Commission's work and the shaping of international law; enhancing the Commission's relationship with other law-making bodies and relevant academic and professional institutions; and making international law more relevant and readily available.

The Colloquium's aim was to identify problem areas and generate concrete and practical suggestions for enhancing the capability of the Commission to that process. Some 150 ideas and suggestions were identified.

Participants included legal advisers of States, representatives to the Sixth Committee (Legal) of the General Assembly, current members of the Commission, and invited experts from universities, research institutions and other organizations worldwide.

Mr. Hans Corell, The Legal Counsel of the U.N., opened the Colloquium. The President of the General Assembly, His Excellency Mr. Hennadiy Udovenko, also made a statement giving his assessment of the achievement of the work of the Commission.

The following is a list of the Panels. (Open-floor discussions followed each Panel presentation)

Topic - "An over-view of the international law-making process and the role of the International Law Commission"

Moderator - Prof. Alain Pellet

Panelists - H.E. Mr. Hisashi Owada, Prof. Georges Abi-Saab and Prof. Yuri M. Kolosov

Topic - "Major complexities encountered in contemporary international law-making"

Panelists - H.E. Dr. Peter Tomka and Prof. Francisco Orrego Vicuna
 

****

Topic - "Selection of topics for codification and progressive development by the Commission and its working methods"

Moderator - Amb. Carlos Calero-Rodrigues

Panelists - H.E. Mr. Christopher W. Pinto, Prof. Maurice Kamto and Prof. M.K. Nawaz

Topic - "The Commission's work and the shaping of international law"

Panelists - The Hon. Justice Sir Kenneth Keith and Prof. Huikang Huang

****

Topic - "Enhancing the Commission's relationship with other law- making bodies and relevant academic and professional institutions"

Moderator - H.E. Judge Abdul G. Koroma

Panelists - Prof. Christine Chinkin and Prof. Alfred Soons

Topic - "Making international law more relevant and readily available"

Panelists - Prof. Tiyanjana Maluwa and Prof. Brigitte Stern

At the working luncheon, H.E. Mr. Stephen Schwebel, President of the International Court of Justice (ICJ), delivered a speech, entitled "The influence of the ICJ on the work of the ILC and the influence of the ILC on the work of the ICJ."

The Legal Counsel read a statement from the U.N. Secretary-General Kofi Annan, and closed the Colloquium.

The papers presented to the Colloquium, as well as the proceedings, will be incorporated into a book.

The proceedings of the Colloquium are contained in the publication entitled "Making Better International Law: The International Law Commission at 50", published by the United Nations (ISBN 92-1-033076-5). In addition, the event was videotaped to be used to produce a 30-minute videotape for teaching purposes.

Internships ^(top)

No formal internship programme currently exists with the International Law Commission. Interested candidates may instead wish to consider the United Nations Headquarters Internship Programme.