International law, Sixth edition
Download 7.77 Mb. Pdf ko'rish
|
International Law MALCOLM N. SHAW
the Sources of International Law, Deventer, 1983, p. 187; C. M. Chinkin, ‘The Challenge
of Soft Law: Development and Change in International Law’, 38 ICLQ, 1989, p. 850; L. Henkin, International Law, Politics and Values, Dordrecht, 1995, pp. 94 and 192; W. M. Reisman, ‘The Concept and Functions of Soft Law in International Politics’ in Essays in Honour of Judge Taslim Olawale Elias (eds. E. G. Bello and B. Ajibola), Dordrecht, 1992, vol. I, p. 135; A. E. Boyle, ‘Some Reflections on the Relationship of Treaties and Soft Law’, 48 ICLQ, 1999, p. 901; F. Francioni, ‘International “Soft Law”: A Contemporary Assessment’ in Lowe and Fitzmaurice, Fifty Years of the International Court of Justice, p. 167, and Commitment and Compliance: The Role of Non-Binding Norms in the International Legal System (ed. D. Shelton), Oxford, 2000 206 See e.g. the reference to it in the Nicaragua case, ICJ Reports, 1986, pp. 3, 100; 76 ILR, pp. 349, 434. 207 See e.g. Seidl-Hohenveldern, International Economic Law, pp. 42 ff. 208 See e.g. P. Birnie and A. Boyle, International Law and the Environment, 2nd edn, Oxford, 2002, pp. 24 ff. 209 Memorandum of the Assistant Legal Adviser for Treaty Affairs, US State Department, quoted in 88 AJIL, 1994, pp. 515 ff. See also A. Aust, ‘The Theory and Practice of Informal s o u r c e s 119 it has long been recognised in international practice that governments may agree on joint statements of policy or intention that do not establish legal obligations. In recent decades, this has become a common means of an- nouncing the results of diplomatic exchanges, stating common positions on policy issues, recording their intended course of action on matters of mutual concern, or making political commitments to one another. These documents are sometimes referred to as non-binding agreements, gentle- men’s agreements, joint statements or declarations. What is determinative as to status in such situations is not the title given to the document in question, but the intention of the parties as in- ferred from all the relevant circumstances as to whether they intended to create binding legal relationships between themselves on the matter in question. The International Law Commission The International Law Commission was established by the General As- sembly in 1947 with the declared object of promoting the progressive development of international law and its codification. 210 It consists of thirty-four members from Africa, Asia, America and Europe, who remain in office for five years each and who are appointed from lists submitted by national governments. The Commission is aided in its deliberations by consultations with various outside bodies including the Asian–African Legal Consultative Committee, the European Commission on Legal Co- operation and the Inter-American Council of Jurists. 211 International Instruments’, 35 ICLQ, 1984, p. 787; O. Schachter, ‘The Twilight Existence of Nonbinding International Agreements’, 71 AJIL, 1977, p. 296; McNair, The Law of Treaties, p. 6, and A. T. Guzman, ‘The Design of International Agreements’, 16 EJIL, 2005, p. 579. 210 See, as to the relationship between codification and progressive development, Judge ad hoc Sørensen’s Dissenting Opinion in the North Sea Continental Shelf cases, ICJ Reports, 1969, pp. 3, 242–3; 41 ILR, pp. 29, 217–19. 211 See articles 2, 3 and 8 of the Statute of the ILC. See also e.g. B. Ramcharan, The Interna- tional Law Commission, Leiden, 1977; The Work of the International Law Commission, 4th edn, New York, 1988; I. Sinclair, The International Law Commission, Cambridge, 1987; Download 7.77 Mb. Do'stlaringiz bilan baham: |
Ma'lumotlar bazasi mualliflik huquqi bilan himoyalangan ©fayllar.org 2024
ma'muriyatiga murojaat qiling
ma'muriyatiga murojaat qiling