Assignment of International Law

Topic : Codification of International Law!

Submitted by:- Neha Bareth

Codification

Code
Rule & Regulation in the form of ENACTED Law.

Ordinarily-Reducing the whole body of rule & regulation in to one.

Generally Systematic arrangement of Law -- Which are already in existence.

Certain, Simple, intelligible & easily accessible to all.

Codification Conceive the method of Progressive Development of Law.

Acc. to J.A.C.Gutteridge- It Play important Role in the Codification or in the Unification.

Diffication of the diff. juridt

History of the Codification!!

Codification by Individual
Declaration of Paris, 1856(I) Abolition of Privateeing, (ii) Non Capture of Neutral Goods, (iii) Enemy Goods cant be captured except Contraband of Wars.

Righter 1st in 1860 Jurist Austrain, & In 1863

Prof. Trancis Liber - Codify the Law of War.

The Legue Of Nations impose

certain restriction on Nations & also make the provision that Disput 1stly

The Two Hugue Convention in 1899 & in 1907 -

Settled by the Arbitration, Judicial Settlement.

Codification of Inter. Law Committees set up for NATIONALITY, TERRITORIAL WATER, RESPONSIBILITY OF THE STATES.

1930 Hauge Convention- 1st Convention on the

On 17th Nov.1976, The General Assemble reelect the entire Commission. In this 25 legal experts for five years elected. Dr.S.P Jagota of our Nation elected. On 18th Nov. 1981 membership enlarging the membership of commission from 25 to 35.

Importance of the COMMISSION-In Manfred Lachs, on 25th Anniversary of the Int. Law Commission- It was mentioned that The Work of the Commission has been of Great Importance to the World Court for in Administering Law & Justice the Court has Frequently Relied Upon It.

The LIC comprise such landmark instruments as 4 Geneva Conventions on the Law of Sea1958,Conventions on Diplomatic Relations1961, The Law of Treaties1969.

57th Session of the Commission was held on 2nd May to 3rd June & 11th July to 5th August 2005. Agenda of this Session is-

(1)Unilateral acts of States, (2) Diplomatic protection (3) Shared natural resources, (4) Fragmentation of International Law Difficulties arising.

Views of different philosophers

Sir H. Lauterpacht : Book Codification & Development of International Law
The task of Codifying INT. LAW, It is to mean anything must be primarily one of bringing about an agreed body of rules already covered by customary or conventional agreement of State.

That means: Modification & give force to the Existing Rule of Law and adopt them in acc. with the need of time.

(I)Codification makes rules - Clear & certain,& Reconcile conflicting & Divergent Views. (ii) Helpful in Filling Numerous Gaps existing in Int. Law. (iii) Provide rules where there is none. (iv) Bring Uniformity in the International Legal System. (v)Codification End or Grant minimize the Disagreement & confusion that prevail on many imp. Matter. (vi) It enhance the efficacy of Int. Law by increasing its binding force. (vii) The ICJ or Other Tribunal will find its easier to apply & enforce codified Int. Law. (viii) Easier & Convenient to Amend the Codified Int. Law.

Demerits :(i) (Detrimental for Natural Growth & future development of Int. Law.

(ii) Makes the system of Law too Rigid , Unadoptable to new situations or makes Law too formal & Conservative.
(iii) Many New Controversy arise due to the Codification likeinterpretation in the existing rules.