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The Draft Declaration on Rights and Duties of States

Published online by Cambridge University Press:  20 April 2017

Hans Kelsen
Hans Kelsen*
Affiliation:
University of California
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Extract

The International Law Commission, established by resolution 174 (II) of the General Assembly (November 21, 1947), has prepared a draft Declaration on Rights and Duties of States, in conformity with resolution 178 (II) of the General Assembly (November 21, 1947). The first question which arises concerns the legal nature of this Declaration. The draft Declaration was drawn up by the Commission as the text of a resolution to be adopted by the General Assembly.

Type
Research Article
Information
American Journal of International Law , Volume 44 , Issue 2 , April 1950 , pp. 259 - 276
Copyright
Copyright © American Society of International Law 1950

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References

1 Report of the International Law Commission covering its First Session 12 April-9 June 1949. General Assembly, Official Records, 4th Sess., Supp. No. 10 (A/925), pp.7 ff.; this JOTJBNAL, Supp., Vol. 44 (1950), p. 15.

2 U.N. Doc. A/1196, December 3, 1949, p. 18.

3 U.N. Doe. A/P.V.270, Dec. 6, 1949.

4 Ibid., p. 36.

5 XT.N. Doc. A/C.6/330. During the discussion of the Declaration in the General Assembly the representative of Cuba, too, suggested the Assembly should commend the principles formulated in the Declaration as a “source” of international law. The suggestion was rejected. U.N. Doc. A/P.V.270, pp. 66 ff., 165.

6 TJ.N. Doc. A/925, p. 9; this JOURNAL, Supp., Vol. 44 (1950), p. 18.