BEAMING SEARCHLIGHT ON THE ACTIVITIES OF INTERNATIONAL LAW COMMISSION.

Abstract

The idea of developing International Law through the restatement of existing rules or through the formulation of new rules is not a recent phenomenon^[1].

Enthusiasm for the “codification movement” generally stems from the belief that written International Law would remove the uncertainties of customary international law by filling existing gaps in the law, as well as by giving precision to abstract general principles whose practical application is not settled.^[2]

In carrying out this research, both primary and secondary sources of data are utilised. The primary sources include International Treaties, Statutes, Charters, etc, while, secondary sources include Textbooks, Yearbooks, journals, internet materials and so on. All the data were subjected to content and contextual analysis.

The International Law Commission (ILC) is one of the least understood / appreciated legal institutions on the global scene,. Hence, this paper intends to increase awareness on the functions of the ILC and how it develops and codifies international law. It also aims ar holistically appraising the activities of the International Law Commission (ILC) hereinafter called “the commission”, its evolution, legal frameworks, functions, membership and prospects. It ends with concluding remarks and recommendations.

KEYWORDS:

International Law, Progressive Development, Codification, Commission, Functions and  Membership.

* Dr.Babalola Abegunde, Lecturer & Sub-Dean, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria. E-mail: babalolaabegunde@yahoo.com  .Tel: +2348037446738.

[1] See The Work of the International Law Commission, United Nations Publications, (2012) New York, 8th Ed. Volume 1.

[2] Ibid p.1; For further reading, see,Watts, A., The International Law Commission 1949-1998, (3 Vols, Oxford, 1999-2000); see also, Analytical Guide to the Work of the International Law Commission 1949-1997,United Nations, New York, 1998; The Finnish Yearbook of International Law 1998, Karl, T., et al (eds); Jennings, R.Y.,International Law Reform and Progressive Development, in G.Hafner, etal,(eds),Liber Amincorum Professor Seidl  Hohenvelveldern((Kluver,  The Hague ,1988),p.325.