Codification and Progressive development

• The process reducing the whole body of law into Code in the form of
enacted law.
• “The task of codifying IL, if 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 States.”
Codification means
• Codification means any systematic statement of the whole or part of
the law in written form and that it does not necessarily imply a
process which leaves the main substance of the law unchanged.
• It is recognized by all codifying institutions to consider equally the
developmental aspect while engaged in the codification of the law.
• The term codification denotes the creation of codes, which are
collection of written statutes, rules, and regulations that inform the
public of acceptable and unacceptable behavior.
Cont.,
• It dates back to the end of the 18th century when the idea of
codification of IL was conceived by Bentham.
• Jeremy Bentham was a British philosopher, jurist, and social reformer.
• Before him an unsuccessful attempt was made by the French
Convention to draw up a declaration of the Rights of Nations 1792.
• The Declaration of Paris occupies a place of significance in the
development of codification of IL.
• The Declaration was signed by, Britain, France, Austria, Russia, Turkey,
Prussia, Sardinia after the end of Cremean War in 1856.
The Crimean War

• The Crimean War (October 1853 – February 1856) was a conflict in which Russia
lost to an alliance of France, Britain, the Ottoman Empire, and (to a lesser
extent) the Piedmont-Sardinia (The Kingdom of Sardinia).
• Austria, while neutral, played a role in stopping the Russians.1
• This declaration laid down the principles relating to:
• a. Abolition of privateering, (A ship privately owned and crewed but authorized
by a government during wartime to attack and capture enemy vessels)
• b. Non-capture of neutral goods except illegal imports of war, under enemy flags
• c. Blockade to be obligatory must be effective a. Except smuggled goods of war,
enemy goods cannot be captured under neutral flag
• 1. Nationality
• 2. Territorial waters
• 3. State responsibility for damage done in their territory to the
persons or property of foreigners
• 4. Diplomatic immunities and privileges
• 5. Procedure of International Conferences and Procedure for the
conclusion and drafting of treaties
• 6. Exploitation of the products of the sea
• 7. Piracy
• The Assembly decided that a conference should be held at Hague for the
purpose of codifying the topics of:
• a) Nationality
• b) Territorial waters
• c) Responsibility of States for the damage done to foreigners in their
territories
• In 1928 the Council reported the two topics were also ripe for
codification:
• 1. Law relating to functions and competence of Consuls
• 2. The competence of Courts regarding foreign States
• Hague Conference of 1930 may be said to be the first conference on
the codification of IL.
• Three committees were set up for each of the topics, i.e. nationality,
territorial waters etc.
• No general agreement could be reached in regard to territorial
waters and responsibility etc.
• but the Committee on nationality adopted several conventions on
questions relating to the conflict of Nationality Laws and
Statelessness.
• The first important attempt in this connection was made in 1861 by
an Austrian jurist, Alfons Von Domin-Petrus-hnvecz who for the first
time showed the possibility of the codification of IL.

• In 1861, Prof. Trancis Lieber of Clumbia University Law School, New

York, attempted to codify the laws of war.
• Oppenheim, Hall, Phillimore and Hyde also deserve the credit of
bringing out the rules of IL in a system
• In the first Hague Conference of 1899 resulted in adoption of the 2
conventions in the form of a Code.
• a) Convention on the pacific Settlement of International Disputes
• b) Convention on the Laws and Customs of War on Land
• In the Second Hague Conference of 1907, almost thirteen
conventions related to warfare and neutrality in war on land and sea,
the status of enemy merchantman at the outbreak of war,
bombardment by naval forces etc.
• This conference was attended by 44 States.
• A naval conference was held in 1909 at London to draw up an agreed
list of contraband goods.
• The agreement reached was incorporated in a Declaration known as
Declaration of London, 1909.
• The work of codification received a great momentum under League
of Nations.
• The League appointed a Committee of sixteen Jurists in 1924 to
report to the Council subjects which were ripe for codification:
• A naval conference was held in 1909 at London to draw up an agreed
list of contraband goods.
• The agreement reached was incorporated in a Declaration known as
Declaration of London, 1909.
• The work of codification received a great momentum under League
of Nations.
• The League appointed a Committee of sixteen Jurists in 1924 to
report to the Council subjects which were ripe for codification: