SYNOPSIS

Role of International Law Commission in

Progressive Development of PIL

NAME: PARTH BHUTA

COURSE: BA LLB (HONS.)

ROLL NO. : A065

SUBJECT: PUBLIC INTERNATIONAL LAW

INTRODUCTION

The object of this study is, as suggested by its title: "The Role of the International Law
Commission in the Development of Public International Law". In this exercise, the title role
will be played by the International Law Commission in the context of the 'Decade of
International Law' recently proclaimed by the General Assembly of the United Nations. 1 The
contribution to be expected of the Commission will be viewed from the perspective of the
prospect of enhancing the practice of states in the adoption of available means of their choice
for the peaceful settlement of international disputes. In the ultimate analysis, what is
commonly known as compulsory dispute settlement or compulsory jurisdiction of ad hoc or
institutional instances or machinery for adjudication, arbitration, conciliation, mediation or
good offices, might be more aptly couched in terms of acceptance of the optional clause. The
varying phraseology merely reflects persistent international endeavours to persuade states to
agree or to give their consent to submit their disputes to some form or method of dispute
settlement, truly of their choice and much to their liking, so as to render more practical the
implementation of their obligation to refrain from the use of force against the territorial
integrity and political independence of other states.

According to Article 13, paragraph (1)(a), of the Charter of the United Nations, the General
Assembly is mandated to encourage the progressive development of international law and its
codification. The progressive development of international law encompasses the drafting of
legal rules in fields that have not yet been regulated by international law or sufficiently
addressed in State practice. In contrast, the codification of international law refers to the more
precise formulation and systematization of rules of international law on subjects that have
already been extensively covered by State practice, precedent and doctrine.2

Since its earliest elaboration by Hugo Grotius and Emer de Vattel international law has rested
on a simple analogy and two basic premises: just as every human being should be free and
equal and independent in all those things that concern her or his private interests, so too each
state should be free and equal and independent in all those things that concern that state's
domestic or "sovereign" affairs. As reaffirmed by the United Nations Charter, this requires
both that all nations promote "respect for human rights and fundamental freedoms for all" and

1 G.A. Res. 44/23 of Nov. 17, 1989, moved by the Non-Aligned Countries following the initiative
taken by their foreign ministers at the Conference in The Hague on June 26-29, 1989.

2 http://legal.un.org/cod/
that outsiders not interfere in "matters which are essentially within the domestic jurisdiction
of any state." More specifically, there should be no threat or use of force "against the
territorial integrity or political independence of any state."

AIMS AND OBJECTIVES

The primary aim of this research work is to highlight the developments in the Public International
Law, particularly after the formation of GA Legal. The Researchers will first look into the framework
that existed framework of the International Law Commission and the efficacy of the existing
framework.

SCOPE AND LIMITATIONS

Since Role of International Law commission in the progressive Development of the PIL is a very
wide topic and has noticed tremendous research from different angles (Economic, Legal etc.) across
various jurisdictions round the world, this research work is confined to the legal framework of the
same. Nevertheless, a Legal Analysis for the same will be done by the researcher, while explaining
some concepts and while making suggestions.

RESEARCH OBJECTIVES

What is the mandate of GA Legal?

What are the Articles dealing with the Progressive Development?

What is the Role of International Commission of Law in the progressive development

of law?

What are the examples of Progressive Development under international law?

REVIEW OF LITERATURE

The most comprehensive, widely referenced summary of customary law for

international water management is in the United Nations 1997 Convention on the Law
of the Non-Navigational Use of International Watercourses.3
The convention states its intent is to lay a widely-applicable codification and
progressive development of rules of international law and framework that will
ensure the utilization, development, conservation, management and protection of
international watercourses (U.N. 1997). The convention builds on the International
Law Associations Helsinki Rules on the Uses of the Waters of International Rivers
and summarizes many of the core concepts found in treaties at the time of its signing
(McCaffrey 2007)4
The types of entities that become party to a declaration (for example, states,
intergovernmental organisations and non-natural legal persons) and, in particular, the
way in which the declaration comes into being, will influence its legal and normative
strength. If a declaration is adopted through a UNGA resolution, or an annex thereto,
by consensus or unanimous vote with normative and prescriptive textual language, it
could provide a basis for the progressive development of international law or for the
consolidation of existing customary rules.5

HYPOTHESIS

Positive or Negative Development of the Public International Law till now

The ICL development is enough or not.

3 The convention was constructed by the International Law Commission, which is a UN body
composed of legal experts nominated by states, elected by the United Nations General Assembly, and
tasked with the codification and progressive development of international law (Salman 2007).

4 The 1997 Convention is based in large part on the Helsinki Rules. Concepts such as equitable
utilization and the consideration of all beneficial uses, as well as using the international basin as the
primary unit of analysis, were laid out in the Helsinki Rules (McCaffrey 2007)

5 Birnie, Boyle and Redgwell, International Law and the Environment, above n 42, 313; Texaco
Libya [1977] 53 ILR 389, 48695 [66][74]; Crawford, Brownlies Principles of Public International
Law, above n 27, 42.
METHODOLOGY

The researcher has used doctrinal method of data collection, various books, newspapers
articles, online sources have been used in the research. The following research is based on
doctrinal legal research. The researcher has attempted to analyse the subject by extensive
surveying of legal literature.

TENTATIVE CHAPTERIZATION

CHAPTER 1: INTRODUCTION

The meaning of ILC and the progressive development of the law

Historical background

CHAPTER 2: CONTEMPERORY POSITION

Development till now

How PIL has developed under ILC
UNs approach on GA Legal

CHAPTER 3: LEGAL ANALYSIS

Articles of ILC
UN charter

CHAPTER 4: CONCLUSION

BIBLIOGRAPHY
 http://law.unimelb.edu.au/__data/assets/pdf_file/0011/1687439/02Bruce1.pdf, Visited
on 11th March 2017.
http://www.jstor.org/stable/20664539?seq=1#page_scan_tab_contents, Visited on 13th
March 2017.
http://www.jstor.org/stable/2213997?seq=2#page_scan_tab_contents, Visited on 13th
March 2017.
http://www.nationsencyclopedia.com/UnitedNations/InternationalLawINTERNATIO
NALLAWCOMMISSION, Visited on 13th March 2017.