Codification of International Law.

Kumar Pritam
4th Semester, B.A.LL.B(H.)
CUSB1813125048
Sec. – B, Session- 2018-2023
Codification Under the UNITED
NATIONS.
 Art.13(1) stated that UN General Assemble shall
invite all nations for the purpose of “Promoting
International Co-operational in the Political field” &
ensuring Progressive Development of Inter. Law, &
it’s Codification.
 On Dec.11,1946, Gen.Ass. Appoint committee for it.
 In 1947 Assemble set up an INTERNATIONAL
LAW COMMISSION April 1947 it came into force.
Decide topic for codification acc. To need &
desirability & submit recommendations.
 For the purpose of Codification acc. To Art.24 of the Commission
stated that make collection & Publication of the document of state
practice & considered ways & means for making the evidence of
Customary Inter. Law, & decision of ICJ or other national court,
in last submitted report to the General Assemble.
 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.
Merits of Codification of International Law :-

 Codification makes rules - Clear & certain,& Reconcile conflicting

& Divergent Views.
 Helpful in Filling Numerous Gaps existing in Int. Law. 
 Provide rules where there is none. 
 Bring Uniformity in the International Legal System.
 Codification End or Grant minimize the Disagreement & confusion
that prevail on many imp. Matter. 
 It enhance the efficacy of Int. Law by increasing it’s binding force. 
 The ICJ or Other Tribunal will find it’s easier to apply & enforce
codified Int. Law.  
 Easier & Convenient to Amend the Codified Int. Law.
Demerits of Codification of International Law :-

 Detrimental for Natural Growth & future

development of Int. Law.

 Makes the system of Law too Rigid ,

Unadoptable to new situations or makes Law
too formal & Conservative.

 Many New Controversy arise due to the

Codification like- interpretation in the existing
rules.