Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC's Work Product
The Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, Maurizio Ragazzi, ed., 2013
12 Pages Posted: 3 Nov 2012 Last revised: 27 Nov 2012
Date Written: October 27, 2012
Over its life, the U.N. International Law Commission has developed various ways of “packaging” its work product. Multiple techniques are available for balancing the Commission’s roles in advancing the codification and progressive development of international law – choices about the format of the project, about how to characterize the project in the associated commentary, and about the recommendation to the U.N. General Assembly on what should be done with the completed project. While creative use of such techniques to suit the particular topics on the Commission’s agenda is to be welcomed, the Commission’s authority and legacy ultimately will turn on whether States and other relevant actors view the Commission as adhering to its statutory role or perceive it as aggregating to itself the role of legislator.
Keywords: International Law Commission, codification, progressive development
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