PROJECT

ON
ROLE OF UNITED NATIONS IN DEVELOPMENT OF
INTERNATIONAL LAW

SUBMITTED TO:

Faculty- Public international law

Ms. Anukriti Mishra

SUBMITTED BY:

Aditya Singh Rajput

Roll Number- 10

Semester III

Section- C

B.A. LL.B (Honors.)

HIDAYATULLAH NATIONAL LAW UNIVERSITY NEW

RAIPUR, CHHATTISGARH
 ACKNOWLEDGMENT

I Aditya Singh Rajput feel highly elated to work on the topic Role of UN in development
of International LawThe practical realization of this project has obligated the assistance of

many persons. I express my deepest regard and gratitude for Ms. Anukiriti Mishra,
Faculty of Public International Law. His consistent supervision, constant inspiration and
invaluable guidance have been of immense help in understanding and carrying out the
nuances of the project report.I would like to thank my family and friends without whose

support and encouragement, this project would not have been a reality.I take this
opportunity to also thank the University and the Vice Chancellor for providing extensive
database resources in the Library and through Internet.Some printing errors might have
crept in, which are deeply regretted. I would be grateful to receive comments and

suggestions to further improve this project report.

Much Obliged

Aditya Singh Rajput

SEMESTER-III

ROLL NO.-10
 RESEARCH METHODOLOGY
This research is descriptive and analytical in nature. Accumulation of the information on the
topic include wide use of secondary sources like books, e-articles etc. The matter from these
sources have been compiled and analysed to understand the concept from the grass root level.
The structure of the project, as instructed by the Faculty of Public International Law has been
adhered to and the same has been helpful in giving the project a fine finish off.

SOURCES OF DATA
Online Journals
Articles available on net

Research papers

Books

Power Point Presentations available online

Magazines

ORGANISATION OF THE STUDY

This research work has been organised by dividing into various topics and sub topics. Firstly, the
work starts with a brief introduction United Nations and its role in development of international
law. Then, it moves on to meaning and of international law and its relation to UN. The next
chapter includes explaining in general assembly as a forum for adopting multilateral treaties. The
next chapter goes on to explain the International Law Commission. Next chapter Include United
Nations commission on international trade law (UNCITRAL) next it includes united nations
convention on the law of the sea. Next chapter includes role of UN in disputes settlement last
chapter includes. Last chapter contains contribution of UN in maintaining rule of LAW
 TABLE OF CONTENTS

CHAPTERS
1. WHAT IS INTERNATIONAL LAW?....................................1

2. GENERAL ASSEMBLY AS A FORUM FOR ADOPTING

MULTILATERAL TREATIES....2

3. INTERNATIONAL LAW COMMISSION.5

4. JUDICIAL SETTLEMENT OF DISPUTES..8

5. UNITED NATIONS COMMISSION ON

INTERNATIONAL TRADE LAW

(UNCITRAL)....10

6. UNITED NATIONS CONVENTION ON THE LAW OF

THE SEA.11

7. THE RULE OF LAW..12

 INTRODUCTION
The United Nations was founded not only to save succeeding generations from the scourge of
war and to reaffirm faith in fundamental human rights, but also to establish conditions under
which justice and respect for the obligations arising from treaties and other sources of
international law can be maintained (Preamble of the United Nations Charter). Encouraging the
development of international law as a way to regulate international relations has been a major
objective of the United Nations since its very beginning.

In a globalized world, where people, commerce and ideas cross borders with ever-increasing
frequency, countries have long recognized that international norms and standards are essential
for modern society to function. These international rules are spelled out in the more than 550
treaties that have been deposited with the Secretary-General of the United Nations, covering a
wide range of subjects, such as human rights, disarmament, refugees, the environment and the
law of the sea. They are also contained in many other treaties deposited with Governments or
other entities.

The 2011 Treaty Event will provide an opportunity for Member States to demonstrate their
continuing commitment to the central role of the rule of law in international relations by signing,
ratifying or acceding to treaties deposited with the Secretary-General to which they are not yet a
party. The Charter of the United Nations provides in Article 102 that Every treaty and every
international agreement entered into by any Member of the United Nations .. shall as soon as
possible be registered with the Secretariat and published by it. The publication of treaties is
designed to ensure transparency, accountability and fairness in international relations.
 WHAT IS INTERNATIONAL LAW?
International law defines the legal responsibilities of States in their conduct with each other, and
their treatment of individuals within State boundaries. Its domain encompasses a wide range of
issues of international concern, such as human rights, disarmament, international crime, refugees,
migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct
of war, among others. It also regulates the global commons, such as the environment and
sustainable development, international waters, outer space, global communications and world
trade.

The Security Council and International Law

Some of the action of the Security Council have international law implications, such as those
related to peacekeeping missions, ad hoc tribunals, sanctions, and resolutions adopted under
Chapter VII of the Charter. In accordance with Article 13(b) of the Rome Statute, the Security
Council can refer certain situations to the Prosecutor of the International Criminal Court (ICC), if
it appears international crimes (such as genocide, crimes against humanity, war crimes, the crime
of aggression) have been committed.

The General Assembly and International Law

The UN Charter gives the General Assembly the power to initiate studies and make
recommendations to promote the development and codification of international law. Many
subsidiary bodies of the General Assembly consider specific areas of international law and report
to the plenary. Most legal matters are referred the Sixth Committee, which then reports to the
plenary. The International Law Commission and the UN Commission on International Trade
Law report to the General Assembly. The General Assembly also considers topics related to
the institutional law of the United Nations, such as the adoption of the Staff Regulations and the
establishment of the system of internal justice.

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 GENERAL ASSEMBLY AS A FORUM FOR ADOPTING
MULTILATERAL TREATIES

General Assembly as a forum for adopting multilateral treaties The General Assembly is
composed of representatives from each Member State of the United Nations and is the main
deliberative body on matters relating to international law. Many multilateral treaties are in fact
adopted by the General Assembly and subsequently opened for signature and ratification. The
Legal (Sixth) Committee assists the work of the General Assembly by providing advice on
substantive legal matters. The Committee is also made up of representatives from all Member
States of the United Nations.

The General Assembly has adopted a number of multilateral treaties throughout its history,
including:

- Convention on the Prevention and Punishment of the Crime of Genocide (1948)

- International Covenant on Civil and Political Rights (1966)
- International Covenant on Economic, Social and Cultural Rights (1966)
- International Convention on the Elimination of All Forms of Racial Discrimination (1966)
- Convention on the Elimination of All Forms of Discrimination against Women (1979)
- United Nations Convention on the Law of the Sea (1982)
- Convention on the Rights of the Child (1989)
- Comprehensive Nuclear-Test-Ban Treaty (1996)
- International Convention for the Suppression of Terrorist Bombings (1997)
- International Convention for the Suppression of the Financing of Terrorism (1999)
- International Convention for the Suppression of Acts of Nuclear Terrorism (2005)
- Convention on the Rights of Persons with Disabilities (2006)
- United Nations Convention on Contracts for the International Carriage of Goods Wholly or
Partly by Sea (2008)
- Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (2008)

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 INTERNATIONAL LAW COMMISSION
The International Law Commission was established by the United Nations General Assembly in
1948 for the "promotion of the progressive development of international law and its
codification."

It holds an annual session at the United Nations Office at Geneva.

Origin

Several attempts have been made in the effort to codify international law. The work that led to
the International Law Commission was begun in the Resolution of the Assembly of the League
of Nations of 22 September 1924, which established the Committee of Experts for the
Progressive Codification of International Law, consisting of 17 members, for the purpose of
making recommendations as to which issues required to be addressed in international law and the
steps desirable to that end. The committee's work led to the League of Nations Codification
Conference of 1930, which dealt mainly with the issues of nationality laws, territorial waters and
state responsibility to damage caused to foreign nationals.

The United Nations adopted many concepts of the League's resolution in Article 13, Paragraph 1
of the Charter of the United Nations, which stated:

"1. The General Assembly shall initiate studies and make recommendations for the purpose of: a.
... encouraging the progressive development of international law and its codification."

On December 11, 1946, The General Assembly passed Resolution 94, which called to establish a
committee of legal experts to make recommendations to the UN Secretary-General on the ways
the General Assembly could encourage the progressive development of international law and its
codification. The committee of experts consisted of 17 members and convened from May 12 to
June 17, 1947. It recommended to establish a permanent UN commission to promote these
objectives.

On November 21, 1947, the UN General Assembly passed Resolution 174, which provided for
the creation of an "International Law Commission" in order to fulfill the obligations of the
Charter. To the resolution was attached the statute of the Commission, which defined its
purposes as being:

Promoting the codification of international law.

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 Solving problems within both public and private international law.

Working procedures for the Commission were elaborated in articles 16-26.

The Commission consists of 34 members elected by the General Assembly. Members act as
individuals and not as officials representing their respective states.

Working procedures of the ILC

The work of the Commission is regulated by its statute, which was initially approved by the
General Assembly on November 21, 1947, and amended on December 12, 1950, December 3,
1955, and November 18, 1981.

It consists of 34 members (originally there were 15) who all must be experts on international
law, elected to the position by the General Assembly from a list of candidates nominated by
governments of member states in the UN.

One venue of action for the commission in the codification of principles of international law is
when requested to do so by the General Assembly. In that case, the commission appoints one of
its members as Special Rapporteur on that subject and prepares a plan of work regarding the
issue in question. Governments are requested to submit to the commission their written opinions
on the issue in question, as specified in the plan of work. The rapporteur then writes a report of
his or her recommendations on the subject under discussion and the report must be approved by
the rest of the commission as well as by the UN Secretary-General before it becomes an official
commission document. The commission then reconsiders the report after receiving additional
written opinions from governments, and the report is being submitted to the General Assembly
for approval.

Another venue of action is when the commission is requested either by a government, an inter-
governmental organization or a UN agency to draft proposals for international conventions on
various issues. In that case, the commission formulates a plan of work and receives written
opinions from governments on the issue in question. The final draft is also submitted to the
General Assembly.

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The commission also works independently of external requests by its regular work of
considering questions of international law. Also in these cases, all recommendations for actions
are submitted to the General Assembly for final approval. The commission's independent
deliberations usually take place in its annual sessions.

Annual sessions of the commission

The commission's main function since its establishment has been its annual sessions, starting
from 1949. At first, the proceedings of these sessions were kept in a mimeograph form and were
not available to the public, but on December 3, 1955, the General Assembly passed resolution
987, which required the publication of a summary of the proceedings of these meetings in a
special yearbook designated for this purpose, and this in order to make the information available
to both public and governments. For the 1st session, proceedings have been published in one
volume, but starting from the 2nd session, proceedings have been published in two volumes - the
first containing summary of the deliberations and the second containing documents adopted at
that session.

At the beginning of each session, the commission elects one of its members to serve as its
chairman until the next session.

1st session, 1949

The agenda for the first session was prepared by the General Assembly throughout 1947-1948.
In resolution 177 (November 21, 1947), the Assembly charged the commission with formulating
principles based on the judgment of the Nuremberg Tribunal and drafting a new code of offences
against the peace of mankind. Resolution 178 (of the same day) charged the commission with
preparing a document on the rights and duties of states in international law. Resolution 260
(December 9, 1948) instructed the commission to consider the establishing of a criminal chamber
within the International Court of Justice, for prosecuting political leaders guilty of crimes against
international law.

Election of the 15 commission members by the General Assembly took place on November 3,
1948.

5
The 1st session of the commission was held in Lake Success from April 12 to June 9, 1949. The
agenda for the session consisted of 6 items:

Making a general survey of topics of international law that require codification into treaties
and conventions.

The rights and duties of states.

The Nuremberg Principles and the definition of crimes against the peace of mankind.

Possibility of establishing a judicial body to prosecute leaders guilty of genocide.

Finding ways to make the rules and documents of international law more available to the
public and scholars.

Cooperation by the ILC with other UN agencies.

At the very first meeting, US commission member Manley O. Hudson was elected chairman of
the commission for the duration of that session, while the Soviet member Vladimir Koretsky was
elected first vice-chairman and Indian member Benegal Rau was elected second vice-chairman.

During that session, disagreement arose between the members as to whether the commission was
entitled to include a topic on its agenda without prior consent of the General Assembly. On this
issue, the commission decided that it was competent to do so, by a vote of 10 to 3.

Regarding the range of issues to be included in the agenda for codification of international law,
the commission decided to start working on a limited number of subjects at first. For that reason,
it was decided to exclude at the time the issue of laws of war from the commission's discussions.
Highest priority was given to the topics of law of treaties, arbitration and regime of the sea, and
rapporteurs were elected accordingly.1

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Public International law Malcom N Shaw

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 JUDICIAL SETTLEMENT OF DISPUTES

International Court of Justice

The primary United Nations organ for the settlement of disputes is the International Court of
Justice. Also known as the World Court, it was founded in 1946. Since its founding, the Court
has considered over 160 cases, issued numerous judgments on disputes brought to it by states
and issued advisory opinions in response to requests by UN organizations. Most cases have been
dealt with by the full Court, but since 1981 six cases have been referred to special chambers at
the request of the parties.

In its judgments, the Court has addressed international disputes involving economic rights, rights
of passage, the non-use of force, non-interference in the internal affairs of states, diplomatic
relations, hostage-taking, the right of asylum and nationality. States bring such disputes before
the Court in search of an impartial solution to their differences on the basis of law. By achieving
peaceful settlement on such questions as land frontiers, maritime boundaries and territorial
sovereignty, the Court has often helped to prevent the escalation of disputes.

International Criminal Justice

The international community has had long aspired to create a permanent international court to try
the most serious international crimes, and, in the 20th century, it reached consensus on
definitions of genocide, crimes against humanity and war crimes.2

Tribunals

After the Second World War the Nuremberg and Tokyo trials addressed war crimes, crimes
against peace, and crimes against humanity committed during the Second World War.

The ad hoc tribunals and United Nations-assisted tribunals have continued to contribute to
combating impunity and promoting accountability for the most serious crimes. In the 1990s,
after the end of the Cold War, the International Criminal Tribunals for the former Yugoslavia
(ICTY) and for Rwanda (ICTR) were established to try crimes committed within a specific time-
frame and during a specific conflict. This applies, as well, to three courts established by the

2
Public International law Malcom N Shaw

7
states concerned, but with substantial UN support: the Special Court for Sierra Leone (2002),
the Extraordinary Chambers in the Courts of Cambodia (2006) and the Special Tribunal for
Lebanon (2007). Sometimes referred to as hybrid courts, they are non-permanent institutions
which will cease to exist once all their cases have been heard.

The International Criminal Court

The idea of a permanent international court to prosecute crimes against humanity was first
considered at the United Nations in the context of the adoption of the Genocide Convention of
1948. For many years, differences of opinions forestalled further developments. In 1992, the
General Assembly directed the International Law Commission to prepare a draft statute for such
a court. The massacres in Cambodia, the former Yugoslavia and Rwanda made the need for it
even more urgent.

The International Criminal Court (ICC) has jurisdiction to prosecute individuals who commit
genocide, war crimes and crimes against humanity. It will also have jurisdiction over the crime
of aggression when agreement is reached on the definition of such a crime. The ICC is legally
and functionally independent from the United Nations, and is not a part of the UN system.

The cooperation between the UN and the ICC is governed by a Negotiated Relationship
Agreement. The Security Council can initiate proceedings before the ICC, and can refer to the
ICC situations that would not otherwise fall under the Courts jurisdiction. The Court has 18
judges, elected by the states parties for a term limited to nine years, except that a judge shall
remain in office to complete any trial or appeal which has already begun. No two judges can be
from the same country.3

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International Law (Paperback) by Antonio Cassese pg 3

8
 UNITED NATIONS COMMISSION ON INTERNATIONAL
TRADE LAW (UNCITRAL)

The United Nations Commission on International Trade Law is a core legal body of the United
Nations system in the field of international trade law, with universal membership, specializing in
commercial law, with a focus on the modernization and harmonization of rules on international
business. The UNCITRAL Secretariat has established a Case Law on UNCITRAL texts
(CLOUT) system for collecting and disseminating information on court decisions and arbitral
awards relating to the Conventions and Model Laws that have emanated from the work of the
Commission.

The United Nations Commission on International Trade Law (UNCITRAL) was established by
the United Nations General Assembly by its Resolution 2205 (XXI) of 17 December 1966 "to
promote the progressive harmonization and unification of international trade law".

UNCITRAL carries out its work at annual sessions held alternately in New York to the economic
health of the world. But who works out the rules for international trade and decides how
payments should be made and disputes are to be settled? When world trade began to expand
dramatically in the 1960s, national governments began to realize the need for a global set of
standards and rules to harmonize and modernize the worldwide assortment of national and
regional regulations, which until then, largely governed international trade. They turned to the
United Nations, which in 1966 recognized the need for it to play a more active role in removing
legal obstacles to the flow of international trade and established the 4United Nations Commission
on International Trade Law (UNCITRAL). UNCITRAL has since become the core legal body of
the United Nations system in the field of international trade law. Much of the complex network
of international legal rules and agreements that affects todays commercial arrangements has
been reached through long and detailed consultations and negotiations organized by
UNCITRAL. Its aim is to remove or reduce legal obstacles to the flow of international trade and
progressively modernize and harmonize trade laws. It also seeks to coordinate the work of

4
International Law (Paperback) by Antonio Cassese Ian Brownlie

9
organizations active in this type of work and promote wider acceptance and use of the rules and
legal texts it developsCity and Vienna.5

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International Law (Paperback) by Antonio Cassese Ian Brownlie

10
 UNITED NATIONS CONVENTION ON THE LAW OF THE
SEA

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the
Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the
third United Nations Conference on the Law of the Sea (UNCLOS III), which took place
between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities of
nations with respect to their use of the world's oceans, establishing guidelines for businesses, the
environment, and the management of marine natural resources. The Convention, concluded in
1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana
became the 60th nation to ratify the treaty.[1] As of June 2016, 167 countries and the European
Union have joined in the Convention. It is uncertain as to what extent the Convention codifies
customary international law.6

UNCLOS I

In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I)
at Geneva, Switzerland. UNCLOS I [8] resulted in four treaties concluded in 1958:

Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September
1964

Convention on the Continental Shelf, entry into force: 10 June 1964

Convention on the High Seas, entry into force: 30 September 1962

Convention on Fishing and Conservation of Living Resources of the High Seas, entry
into force: 20 March 1966

Although UNCLOS I was considered a success, it left open the important issue of breadth of
territorial waters

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The International Law of Occupation (Paperback) Eyal Benvenisti

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UNCLOS III

The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid
Pardo of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was
convened in New York. In an attempt to reduce the possibility of groups of nation-states
dominating the negotiations, the conference used a consensus process rather than majority vote.
With more than 160 nations participating, the conference lasted until 1982. The resulting
convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified
the treaty.

The convention introduced a number of provisions. The most significant issues covered were
setting limits, navigation, archipelagic status and transit regimes, exclusive economic
zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime,
protection of the marine environment, scientific research, and settlement of disputes.7

The convention set the limit of various areas, measured from a carefully defined baseline.
(Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented,
has fringing islands or is highly unstable, straight baselines may be used.)8

Part XI and the 1994 Agreement

While the Secretary General of the United Nations receives instruments of ratification and
accession and the UN provides support for meetings of states party to the Convention, the UN
has no direct operational role in the implementation of the Convention. There is, however, a role
played by organizations such as the International Maritime Organization, the International
Whaling Commission, and the International Seabed Authority (ISA). (The ISA was established
by the UN Convention.)

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Public International law Malcom N Shaw
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Public International Law : Contemporary Principles and Perspectives - Gideon Boas

12
Part XI of the Convention provides for a regime relating to minerals on the seabed outside any
state's territorial waters or EEZ (Exclusive Economic Zones). It establishes an International
9
Seabed Authority (ISA) to authorize seabed exploration and mining and collect and distribute
the seabed mining royalty.

THE RULE OF LAW

Promoting the rule of law at the national and international levels is at the heart of the United
Nations mission. Establishing respect for the rule of law is fundamental to achieving a durable
peace in the aftermath of conflict, to the effective protection of human rights, and to sustained
economic progress and development. The principle that everyone from the individual to the
State itself is accountable to laws that are publicly promulgated, equally enforced and
independently adjudicated is a fundamental concept which drives much of the United Nations
work. The main United Nations organs, including the General Assembly and the Security
Council, play essential roles in supporting Member States to strengthen the rule of law, as do
many United Nations entities.

Responsibility for the overall coordination of rule of law work by the United Nations
system rests with the Rule of Law Coordination and Resource Group, chaired by the Deputy
Secretary-General and supported by the Rule of Law Unit. Members of the Group are the
principals of 20 United Nations entities engaged in supporting Member States to strengthen the
rule of law. Providing support from headquarters to rule of law activities at the national level,
the Secretary-General designated the Department of Peacekeeping Operations (DPKO) and the
United Nations Development Programme (UNDP) as the joint global focal point for the police,
justice and corrections areas in the rule of law in post-conflict and other crisis situations.

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International Law (Paperback)
by Antonio Cassese Ian Brownlie

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 CONCLUTION

The UN Charter, in its Preamble, set an objective: "to establish conditions under which justice
and respect for the obligations arising from treaties and other sources of international law can be
maintained". Ever since, the development of, and respect for international law has been a key
part of the work of the Organization. This work is carried out in many ways - by courts,
tribunals, multilateral treaties - and by the Security Council, which can approve peacekeeping
missions, impose sanctions, or authorize the use of force when there is a threat to international
peace and security, if it deems this necessary. These powers are given to it by the UN Charter,
which is considered an international treaty. As such, it is an instrument of international law, and
UN Member States are bound by it. The UN Charter codifies the major principles of
international relations, from sovereign equality of States to the prohibition of the use of force in
international relations.

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 BIBLIOGRAPHY

BOOKS

Public International Law : Contemporary Principles and Perspectives - Gideon Boas.

Public International law Malcom N Shaw

LAW JOURNALS :

Emory Law Journal.

Mississippi Law Journal.

Ohio Law Review.

Case Western Reserve Journal of International Law.

Cornell International Law Journal.

Emory International Law Review.

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