The Changing Form of the International Law Commission's Work

Evolutions in the Law of International Organizations, Roberto Virzo & Ivan Ingravallo eds., Brill | Nijhoff 2015

U of Cincinnati Public Law Research Paper No. 15-04

16 Pages Posted: 7 Apr 2015

See all articles by Jacob Katz Cogan

Jacob Katz Cogan

University of Cincinnati - College of Law

Date Written: March 2015

Abstract

Two elements of the International Law Commission’s (ILC) procedure receive relatively little attention: its decision on the final form of its work and its recommendation to the UN General Assembly (GA) on what action the Assembly should take on its completed text. Though infrequently considered (at least in comparison to the substantive drafts it produces), this packaging is significant, as it frames how the Commission’s work will be conceptualized and evaluated upon completion. While the ILC Statute provides the Commission with flexibility in choosing the form and the action that it recommends to the GA, the Commission does not work in a vacuum. Because the impact of the Commission’s work depends on how that work is received (and because the ILC wants its work to be well-received), its decision to produce a certain type of text reflects its assessment of who its clients are and what legal products they desire. In other words, the Commission’s supply is a function of what it perceives as the demand. As this chapter will explain, the form of the ILC’s work is changing, reflecting larger trends in international lawmaking.

Keywords: International Law Commission, General Assembly, United Nations, Codification, Lawmaking

JEL Classification: K33

Suggested Citation

Cogan, Jacob Katz, The Changing Form of the International Law Commission's Work (March 2015). Evolutions in the Law of International Organizations, Roberto Virzo & Ivan Ingravallo eds., Brill | Nijhoff 2015; U of Cincinnati Public Law Research Paper No. 15-04. Available at SSRN: https://ssrn.com/abstract=2590400

Jacob Katz Cogan (Contact Author)

University of Cincinnati - College of Law ( email )

P.O. Box 210040
Cincinnati, OH 45221-0040
United States
513-556-0105 (Phone)
513-556-1236 (Fax)

HOME PAGE: http://www.law.uc.edu/faculty-staff/faculty/jacob-katz-cogan

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