UN COLLOQUIUM ON DEVELOPMENT AND CODIFICATION OF INTERNATIONAL LAW CONCLUDES AT HEADQUARTERS
Press Release
L/2845
UN COLLOQUIUM ON DEVELOPMENT AND CODIFICATION OF INTERNATIONAL LAW CONCLUDES AT HEADQUARTERS
19971029 Secretary-General Stresses International Law Commission's Contribution Towards Realizing Charter's Idea of Rule of Law in Relations between StatesA way of making the work of the International Law Commission more easily available would be to develop an Internet website for dissemination of information about international law, it was suggested this morning during the third and last session of the United Nations Colloquium on the Progressive Development and Codification of International Law. It was also noted, however, that where there were no computers available, discussion of the Internet was pointless, and that was a limitation, for instance, in Africa.
During the two-day Colloquium several participants urged efforts to make international laws relevant to the decision-making process of States. Seminars and workshops should be organized to educate judges throughout the world and show them how international law could be better utilized, said one panellist. Another called for brochures and other informational materials on the activities of the International Law Commission to be disseminated worldwide.
The Colloquium, organized by the Secretariat to commemorate the fiftieth anniversary of the Commission, this morning heard two panel discussions on "Enhancing the Commission's relationship with other lawmaking bodies and the relevant academic and professional institutions" and on "Making international law more relevant and readily available".
Christine Chinkin, a Professor at the London School of Economics and Political Science, and Alfred Soons, a Professor at the University of Utrecht, Netherlands, served on the first panel. The second panel consisted of Tiyanjana Maluwa, a Professor at the University of Cape Town, South Africa, and Brigitte Stern, a Professor at the University of Paris. Judge Abdul G. Koroma of Sierra Leone, a member of the International Court of Justice, was moderator for the session.
Mr. Maluwa said international law should be recognized in three contexts within governments, and it was essential that countries incorporated respect
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and adherence to it in their basic legal documents. In Africa, only three countries had constitutions that referred generally to the incorporation of international law in domestic legislation. More than half of African countries did not have any constitutional rules relating to the relevance of international law, he said. The key issues for consideration were how to enhance the competence of those who wish to practice the application of international law and how to stress its relevance in decision-making by States.
On the topic of enhancing the Commission's relationship with other bodies, Ms. Chinkin said that consulting with outside organizations, especially academic and research institutions, would give the Commission a more global scope, although it might disturb its current constituency -- Member States.
On the same subject, Mr. Soons said the Commission would benefit from strengthening its relationship with the International Law Association. For example, the Association could study topics which were not yet under active consideration by the Commission and the results of that study could be used in deciding whether or not the Commission should take up the topic.
Secretary-General Kofi Annan, in a message to the closing session of the Colloquium read on his behalf by the Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Hans Corell, said the Colloquium should be seen as part of the ongoing review of the Commission's work, and the ideas and proposals that were generated should set the tone for new initiatives. He added: "Through this process, you will all have contributed actively towards realizing an idea which lies at the foundation of the United Nations, and which is proclaimed in the preamble of the Charter: the idea of the rule of law in the relations between States."
The Colloquium was organized in accordance with General Assembly resolution 51/160 of 16 December 1996. It brought together a mixed group of policy makers, international law practitioners and experts from the academic world. Papers presented aimed at enhancing the Commission's effectiveness and strengthening its role in the international law-making process.
The Colloquium's proceedings will be published and an audio-visual programme produced to promote wider knowledge of international law and better understanding of its progressive development and codification.
Statements on Commission's Relationship with other Bodies
CHRISTINE CHINKIN, Professor of International Law at the London School of Economics, said that consulting with outside organizations, especially academic and research institutions, would make the International Law Commission a more global body. The Commission could become a mouthpiece for
discussing and elaborating international law throughout civil society. However, while broadening that scope would add to it a new global constituency, that might disturb its current constituency -- Member States.
In order to broaden the scope of the Commission, there needed to be a change in its style and approach, she said. There was also need for a change in the mindset of the Commission members themselves because those members would need to make the effort to reach out to other bodies. That could be done by attending programmes at academic and research institutions and holding meetings in other locations outside of Geneva for those bodies that could not easily get to that city. Holding meetings in the South, for example, would enhance its work and interest in that part of the world. However, extensive travelling would place more work on Commission members and further infringe on their time, which should also be considered.
While many non-governmental organizations could be very helpful in the Commission's work, she said, some organizations had politically activist ideas and should not be embraced by the Commission. Participation by outside groups was already prevalent in the later stages of the Commission's work -- that was evident in the case of the work done on establishing an international criminal court. Much of the involvement by those organizations was on an informal basis and possibly there should be some consideration to formalizing those relationships.
The Commission may also want to consider having part-time consultants on particular issues, she added. Having particular experts to consult with on particular topics could be very helpful and would also free up time for permanent members to concentrate on other duties.
ALFRED SOONS, Professor of International Law at the University of Utrecht, Netherlands, dwelt on the contributions that the International Law Association -- of which he is Director of Studies -- could make to the work of the International Law Commission. He said the Association was a private organization with more than 4,500 members worldwide. He noted that the International Law Commission had benefited from the Association's work in a number of areas such as the draft statute for an international criminal court and the Convention on the Law of the Non-Navigational Uses of International Watercourses.
He said the bodies could further enhance their relationship by working together. A committee of the Association could study topics which were not yet under active consideration by the Commission. The results of its work could then be used by the Commission in deciding whether or not to take up the topic. Another area was the submission of comments on a subject under active consideration by the Commission.
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A working group of the Association could also be established to follow up and comment on work being carried out by the Commission on a particular topic, he said. Under the auspices of such a working group, seminars could be organized in various regions of the world, offering opportunities for people to familiarize themselves with the ongoing work of the Commission. In addition, the seminars could assist governments in preparing their comments on draft articles prepared by the Commission.
Discussion
A participant said there was a strong informal relationship between the Commission and the International Law Institute -- an organization established in 1873 by a small group of international lawyers for the promotion and instruction of international law. Although the Institute had not been approached by the Commission to formalize its relationship, it was willing to increase its cooperation and contribute to the Commission's work.
He added that special attention should be given to the unification of international lawmaking, which was widely diffused and difficult to keep track of. Consideration should be given to a permanent codification division that could produce every year a survey of what other bodies were doing all over the world on codification of international law.
Another participant said the Commission should consider changing its habits of thinking and try to find ways and means of work which were new. The results of codification had generally been seen as a failure because some law articles were not acceptable to States. While the Commission should not abandon the conventional ways of codification, it must work toward improving the unity of international law to avoid the scattering of certain principles.
Another participant said that to increase the relationship between the Commission and other bodies, there was a need to look to new technologies, such as the Internet. There should be a website for the Commission where various laws and conventions could be retrieved by anyone. That system could help to establish a certain unity and harmonization of international law.
Another participant said the Commission should pay some attention to the various ways governments could participate with it. It was important to have favourable climates to encourage the adoption of international law by countries. The Commission should also encourage governments to create forums and national associations for adopting and considering international law, which could help its dissemination.
On relations with other legal bodies and non-governmental organizations, some participants said the Commission should expand such contacts but should not venture into political fields, which was the role of States. It was up to States to have dialogue with non-governmental organizations. They, however,
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did not exclude the possibility of the Commission, in certain cases, inviting outside experts to comment on specific issues it was dealing with.
Another participant also stressed the importance of non-governmental organizations, but wondered what the reaction of the Sixth Committee would be if the Commission were to seek comments on environmental issues from Greenpeace International, and on human rights, questions from Amnesty International. He did not think the Committee would be very pleased.
Some participants said the time had come for the encouragement of national legal groups to debate topics under consideration by the Commission. Such debates could contribute to the constant flow of information between States and the Commission, and help governments respond promptly to the Commission's questionnaires.
Another participant said a lot of cross-fertilization was already under way between the Commission and other legal groups like the International Association of Lawyers. The fertilization could be improved by exchange of observers to their meetings. A division of labour could be decided upon, he said, stressing the need for specialization.
An official of the Permanent Court of Arbitration at The Hague called for enhancement of cooperation between the Court and the Commission, noting that the two bodies could work together on arbitration questions.
Another participant said the Secretariat should transmit relevant documents to legal bodies in States. There might be different views on liability questions, he said.
Judge Abdul Koroma of the International Court of Justice, the Moderator, commented that the Commission could become a coordinating body for the various organizations involved in the development of international law. He also said the Commission should work with non-governmental organizations but in a cautious manner.
Another participant said there was a problem with making international law because it was difficult to determine situations and problems that it would need to address in the future and those laws could easily become obsolete in a few years. In order to remain relevant, the Commission should not only deal with codification and progressive development, but also deal with the clarification of international law and help those who wish to apply it.
Ms. CHINKIN, in her closing remarks, said that consultation with outside bodies did not mean only taking recommendations from them but also collating, collecting and testing their views. Those outside bodies could also aid in
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the process of encouraging States to adopt and apply international law more widely.
Statements on Making International Law Relevant and Available
TIYANJANA MALWA, Professor of International Law at the University of Cape Town, South Africa, said key issues for consideration included how to enhance the competence of those who wish to practice the application of international law and how to stress its relevance in decision-making by States.
The key question, he said, was why there were so many draft treaties and conventions on the books but few States were adopting them. Although the discussion was limited to the International Law Commission, there were some who would say that the Commission did not need to be involved in answering those questions. They would say the task of making international law more readily available and relevant belonged to the General Assembly and the United Nations as a whole, not just to the Commission. The General Assembly had, in fact, taken steps toward promoting and teaching international law especially in activities related to the United Nations Decade of International Law.
In regard to State practice of international law, there were different levels of appreciation of international law within governments, he said. International law needed to be recognized in three contexts within governments. Those were the constitutional, the judicial and the legislative. In the constitutional context, it was essential that countries incorporated respect and adherence to international law in their basic legal documents. In Africa, only three countries had constitutions that referred generally to the incorporation of international law in its municipal law. More than half of African countries did not have any constitutional rules relating to the relevance of international law.
In regard to judges, he said that many did not have enough of a grasp on the principles and details of international law to utilize it in their courtroom. Seminars and workshops should be organized to educate judges throughout the world and show them how international law could be better utilized.
On national legislatures, he said that some still held on to the principle of legislative supremacy -- that legislatures could do anything they wanted regardless of the rules of international law. The Commission should encourage lawmakers, policy makers and government officials to bring international law to bear in their decisions.
On the topic of international law education in law schools, he said there was a need to examine the extent to which schools were promoting an awareness of international law among its students. Many schools did not
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require students to include classes on international law in their curriculum. In his research on Africa, he found that smaller countries made international law a compulsory subject in their schools and placed more importance on the subject. The Commission could encourage law schools to make international law a core subject in their curriculum.
BRIGITTE STERN, a Professor at the University of Paris, said the work of the Commission could be made easily available through the publication of brochures on its activities. She also suggested a newsletter by the Commission to be published twice a year covering issues dealt with at the Commission's annual meeting and decisions taken. She suggested the organization of moot sessions of the Commission's meetings for law students. A group of young legal assistants could be brought together to be shown how international laws were developed. The results of the seminars could be submitted to the Commission, and those who participated in them could constitute a task force to assist developing countries prepare their responses to the Commission's questionnaires.
She said a close relationship between academia and Ministries of Foreign Affairs should be encouraged. States with resources could initiate national restatements of international law which might become a raw material for the benefit of the Commission. She called for information exchanges among practitioners in international law. Specific Commission websites should be developed on the Internet, she said, and added that developing countries had unique opportunities with new technologies which might appear expensive. It would be more economical to be linked to the Internet than to purchase all legal books.
Discussion
Judge KOROMA of the International Court of Justice, opening the debate, welcomed the proposals that the Commission take steps to enhance awareness about its work. The suggestion of a brochure on its work might widen knowledge about the Commission, particularly among international lawyers. Introducing students to the Commission's work and asking them to come up with research on their inquiry would be useful. National judiciaries should be encouraged to show interest in international law.
Some participants said the Commission's work should not be taken lightly. The Commission could further an interdisciplinary approach to development and codification of international law. It should make use of experts in drafting its texts.
A developing country participant said diverse legal systems should be taken into account in suggestions about wider access to the Commission's work. He noted that most of the papers commissioned for the colloquium were in English. The progressive development and codification should be applied in
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all official languages, he added. Developing countries should be helped with the new technologies.
One participant stressed the importance of the teaching of international law in universities, noting that public international law was a compulsory subject in his native Poland. He suggested that students be invited to observe the Commission at work and to colloquiums such as today's.
Ms. STERN, in her concluding remarks, said that, despite some reluctance to accept new technologies, progress required that an effort be made to adapt to those technologies such as the Internet in order to help disseminate the rules of international law.
Mr. MALUWA, in reference to previous statements, said Africans had no particular reason to resist technology, but there were certain limitations to Africans' use of technology. Where there were no computers available, for example, discussion of the Internet was pointless. Other practical limitations also existed. Those were evident when a group of international lawyers met in 1982 to create teaching materials in international law for African countries. Although they produced a curriculum, nothing had ever materialized from their work. Other forces beyond their control, such as the collapsing of economies, resources and institutions, made implementing their ideas impossible.
Statement by Secretary-General
Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, HANS CORELL, read a statement on behalf of Secretary-General KOFI ANNAN.
The Secretary-General said that over the last 50 years, the International Law Commission had been at the forefront in meeting the challenges facing the international community in the realm of international law. It had succeeded in setting forth basic rules that had served as the basis for global treaties and laid the foundation for the practice of international relations.
The fiftieth anniversary, however, provided an opportunity to contemplate the Commission's work in the next century, as well as celebrate its past, he said. The policy makers, practitioners, academics and international lawmakers that gathered for the Colloquium had generated proposals that would help the Commission contribute in the future to the progressive development and codification of international law.
The Commission had been requested by the General Assembly to examine its procedures and review its internal operations with a view to enhancing its efficiency and productivity, he said. To that end, the Commission had already
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developed a more rigorous procedure for identifying new topics to be included in its programme of work. It had also displayed a greater awareness of the many ways in which it might contribute to the international legal process. The Colloquium should also be seen as a part of that ongoing review of the Commission's work, and the ideas and proposals that were generated should set the tone for new initiatives.
He said: "Through this process, you will all have contributed actively towards realizing an idea which lies at the foundation of the United Nations, and which is proclaimed in the preamble of the Charter: the idea of the rule of law in the relations between States."
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