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Asser Institute Lectures on International Law: Codification of International Law in the International Law Commission*

Published online by Cambridge University Press:  21 May 2009

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Extract

If one looks back over the two hundred years of thinking and practice on the codification of international law which separate Jeremy Bentham from the new draft convention on State succession, one is struck by the fact that the ideas become less and less ambitious and more and more cautious, pragmatic and technical. It is true that up to the beginning of the present century learned codes with hundreds of articles were still being produced. But even then the Institut de droit international and the International Law Association had already started work on more specialized projects. The first official codification work under the League of Nations similarly concentrated on selected topics, and this was quite apart from the specialized conventions produced by the International Labour Organization. The codification of the law of international conflict had, of course, already been accomplished in The Hague at the turn of the century.

Type
Articles
Copyright
Copyright © T.M.C. Asser Press 1975

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References

1. As to the Commission's history the lecturer followed some of the lines of what he had written in an official capacity; Y.I.L.C. 1973, Vol. II, pp. 227 ff.Google Scholar

2. Y.I.L.C. 1973, Vol. II, p. 230.Google Scholar

3. It was a co-incidence that at the very moment that this lecture was given, the International Court of Justice delivered two interrelated judgments containing an identical passage with respect to unilateral acts. It constitutes the lecturer's view that we are here in a field which is ripe for codification. (Nuclear Tests, Australia v. France, I.C.J. Reports 1974, p. 253, par. 43; New Zealand v. France, I.C.J. Reports 1974, p. 457, par. 46).

4. Y.I.L.C., 1974, Vol. I, p. 68.Google Scholar

5. A/P.V.2151,pp. 53–55.