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Encouragement of the Development of International Law by the United Nations

Published online by Cambridge University Press:  20 April 2017

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Abstract

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Type
Editorial Comment
Copyright
Copyright © American Society of International Law 1947

References

1 Journal, No. 58 (Supp. A), p. 470.

The preamble proposed by the Sixth Committee but not read to the General Assembly, ran as follows (Document A/222, 6 December 1946) :

“The General Assembly recognizes the obligation laid upon it by Article 13, paragraph (2), of the Charter to initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification ;

“Realizes the need for a careful and thorough study of what has already been accomplished in this field as well as of the projects and activities of official and unofficial bodies engaged in efforts to promote the progressive development and formulation of public and private international law, and the need for a report on the methods whereby the General Assembly may most effectively discharge its obligations under the above-mentioned provision.”

A Secretariat paper, Document A/122, 17 October 1946, traced the historical background of the provision in Article 13.

2 Document A/C.6/54, 6 November 1946.

3 Document A/C.6/72, 17 November 1946.

4 Document A/C.6/81, 21 November 1946, and Document A/C.6/108, 3 December 1946.

5 Journal, No. 56, Supp. No. 6, pp. 122-127.

6 Document A/222, 6 December 1946.

7 Journal, No. 58 (Supp. A), pp. 475, 485.

8 Printed privately, under the title “A Plea for the Codification of International Law on New Lines.”

9 See Elihu Boot, “The Function of Private Codification of International Law,” this Journal, Vol. 5 (1911), p. 577.