ASSEMBLY PRESIDENT PRAISES LAW COMMISSION AT COLLOQUIUM COMMEMORATING ITS FIFTIETH ANNIVERSARY
Press Release
GA/SM/10
L/2843
ASSEMBLY PRESIDENT PRAISES LAW COMMISSION AT COLLOQUIUM COMMEMORATING ITS FIFTIETH ANNIVERSARY
19971028 Following is the text of the statement of the President of the General Assembly, Hennadiy Udovenko (Ukraine), at the opening today of the United Nations Colloquium on the Progressive Development and Codification of International Law:I am greatly honoured to have the opportunity to open this international forum devoted to the commemoration of the fiftieth anniversary of the International Law Commission. It is a vivid example of great unity of purpose among international lawyers coming from different regions of the world and representing an entire spectrum of cultures and legal systems.
The idea of developing international law and its codification through the restatement of existing or the formulation of new rules is not a recent one. At least, since the middle ages there have been numerous codification attempts by individuals, distinguished scholars, academic institutions, as well as by governments. Even though some of them were of utopian character, one could not deny their role for the development and strengthening of international law.
Enthusiasm, at this juncture, usually stems from the belief that written international law would remove the uncertainties of customary rules by filling existing gaps and giving concrete meaning to the abstract principles. Eventually, the idea of progressive development and codification of international law was accommodated in the Charter of the United Nations. Its relevant provisions might appear limited in their scope but, I think, no one would question their potential. Upon the apparently rather slender formal foundation established by Article 13, Paragraph 1 (a), of the Charter, the General Assembly has fashioned a variety of highly effective law-making institutions and methods of their work. Proliferation of bodies for the elaboration of judicial instruments within the United Nations demonstrated the vitality of international juridical activity and the need to strengthen the rule of law in the world affairs. Together, they have been instrumental in bringing about one of the most important developments in international law during the last half century: its progressive development and codification through elaboration of relevant written texts. In this process, no institution has played a greater role than the International Law Commission.
Today, the Commission is one of the principal United Nations arms for discharging responsibilities aimed at promoting international law as a fundamental instrument for maintenance of international peace, security and enhancement of cooperation among nations.
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Over its history, the Commission has produced quite a number of draft articles, setting forth basic rules in key areas of international law. The draft articles have, in turn, been transformed into major global conventions, establishing rules in such important fields as diplomatic and consular intercourse and immunities, law of treaties, special missions, relations between States and international organizations, succession of States, law of the sea, and non-navigational uses of international watercourses. Indeed, some of these conventions -- such as those dealing with diplomatic and consular relations and the law governing the making, application and termination of treaties -- may claim the distinction of being fundamental for modern international behaviour. Without them, international relations would simply not be conducted in the same way as they are today.
Particularly commendable is the work of the Commission on the draft code of crimes against peace and security of mankind and the draft statute of international criminal court, as well as its activities related to the draft articles on State responsibility.
Of great significance is the Commission's contribution to the stabilization and further development of customary international law. Conventions which have been adopted on the basis of the Commission's draft articles have many times been cited by the International Court of Justice as authoritative evidence of the current state of customary law. This has sometimes occurred even before those conventions have entered into force. Moreover, the Commission's work has helped to contribute to the formation of new rules of customary law.
The Commission's achievements through these years have been variously praised as "unique", "distinguished and lasting" and of "exceptional importance". It is quite natural that the General Assembly requested the Secretariat to organize this Colloquium in commemoration of the fiftieth anniversary of the Commission.
While paying credit to the Commission's achievements, it would be extremely useful if the attention of this Colloquium were focused on identifying ways and means for the International Law Commission to fully exploit its potential. At the time of reform and renewal within the Organization, the attention should be given to improving the functioning of the Commission and increasing its effectiveness. With this purpose, the General Assembly has requested the Commission to review its working procedures and to report the results to the Assembly. The Colloquium is anticipated to make a contribution to this review process by determining practical steps which may be taken to strengthen the International Law Commission and to enable it to continue to play the central role in the international law-making process.
The creative contribution towards development of international law made by leading experts in the legal field has always served as an important source of inspiration for the work of this Commission. In this regard, I am delighted to welcome the participants of this Colloquium and wish you fruitful discussion.
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