The Work Of The International Law Commission Of The United Nations Mechanisms And Effectiveness Studies

Since the18th century, the movement of the codification of International Law hasbeen surging under the advocation of scholars, the participation of academicinstitutions and the auspices of government, and it was climaxed by the establishmentof the United Nations.Article13of the charters of the UN stated that "The General Assembly shall initiatestudies and make recommendations for the purpose of:..encouraging the progressivedevelopment of international law and its codification..." This function of the GeneralAssembly is taken by the ILC.Since its establishment, the ILC has been active on the world stage, becoming animportant and indispensable force. In the process of the Development andCodification of International Law.Its work became the text basis of a total of16Treaties which have been opening for signature,and covered many important areas ofinternational relations,and promoted the orderly interaction and peaceful contacts ofthe international community.We also noted that there is one pressing issue which the International LawCommission has been facing,that is,the results of its work is not widely accepted bythe international community: among the treaties that are based on its texts,32%ofthem did not entry into force or even didn't transit to the text of the treaty,43%reached the requirements, but just have small number of Parties, only25%not onlyentry into force, but also have great number of Parties..In today's international landscape, there is no country or international organizationwho can claim to be the international legislative body and to ask others to obey therules they make through multilateral treaties. The actual circumstances, after theintroduction of a multilateral treaty, the next question is how many countries would like to join it so that to be a party to it. If more and more countries or otherinternational organizations join the treaty, it will regulate the international relationsmuch better.This presents us the question of how to improve the degree of internationalrecognition of the results of the work of the International Law Commission.International society needs international law, especially the codified one. There is nocountry which can unilaterally and rudely decide any international affairs. In this case,an increasing number of international issues need all members of international societywork together to solve them. Law-making is the rational choice for the countries.International society needs international law, especially the codified one. There is nocountry which can unilaterally and rudely decide any international affairs. In this case,a increasing number of international issues need all members of internationalsociety work together to solve them. Law-making is the rational choice of thecountries.The proposal and settle of the question is for a higher degree of international rule oflaw. As Professor Zeng Lingliang said:"The increasing number of treaty is only partof the prerequisite for the international rule of law, what more important is that theremust be more and more countries signing, ratifying or acceding to those treaties, inorder to promote the widest compliance of the rules by the countries,which is theessence of the international rule of law."This article was composed by the following seven parts:The preamble will be fully explain the basic concepts,the raise of the question and itssignificance, the basic proposition, literature review, expected innovation anddifficulty, research methods of this article.Chapter I,"The Working Mechanism of the International Law Commission", focusedon the summarization of the working mechanism of the United Nations International Law Commission. In this chapter, we will comprehensively introduce the workingmechanism of the International Law Commission from many aspects, including thepurpose, work patterns and the results of the work of the United Nations InternationalLaw Commission.Chapter II,"the Assessment of the Work of the ILC", intended to raise questions.Withthe making of certain criteria (whether the bill could transition to the text of the treaty,whether treaty could enter into force, the number of Parties), a comprehensiveanalysis and comparison will be put on the international treaties based on the textdrafted by the ILC, and then they will be divided into four grades, and proposed thecore question of this article, namely "how to improve the degree of internationalrecognition of the work of the international Law Commission"Chapter III,"Quality is the Fundamental Factors that Determine the Degree ofInternational Recognition of the Work", focusing on the analysis of the problem.Exclude the judgment that international community do not need the development andcodification of the international law, raising and demonstrate the proposition that thequality of part of work provided by the International Law Commission is notsatisfactory.Chapter IV,"The Impacting Factor of the Quality of Work of the United NationsInternational Law Commission", aims to further clarify the causes of the problem. Onthe basis of law chapter, summing up the issue which determine the quality of thework, they are: the selection of topics, the preliminary investigation, issue researchand text drafting.Chapter V,"The Criteria and Methods to Enhance the Quality of the Work of theInternational Law Commission", intended to solve the problem. Trying to find a clear,workable solution.Specifically,to grasp of the relevant variables which determinedthe quality of the work and to improve the quality of the outcome of the work by clearly grasping the principles and standards of the selection of topics, following thekey points and methods of investigation and grasping the concepts and ideas for theresearch and drafting of the topics.The last section will reiterate the fundamental purpose and meaning of this study-towards a higher degree of international rule of law. Clarify the concept of the rule ofinternational law on the basis of reasonable demonstration of the international rule oflaw, and proposed a fundamental approach towards a higher degree of internationalrule of law-to enhance the quality, increase the degree of international recognition, toachieve f general application of international treaties.