Format:
1 Online-Ressource (20 Seiten)
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Porträts
Series Statement:
KFG working paper series no. 7
Content:
The paper looks at community interests in international law from the perspective of the International Law Commission. As the topics of the Commission are diverse, the outcome of its work is often seen as providing a sense of direction regarding general aspects of international law. After defining what he understands by “community interests”, the author looks at both secondary and primary rules of international law, as they have been articulated by the Commission, as well as their relevance for the recognition and implementation of community interests. The picture which emerges only partly fits the widespread narrative of “from self-interest to community interest”. Whereas the Commission has recognized, or developed, certain primary rules which more fully articulate community interests, it has been reluctant to reformulate secondary rules of international law, with the exception of jus cogens. The Commission has more recently rather insisted that the traditional State-consent-oriented secondary rules concerning the formation of customary international law and regarding the interpretation of treaties continue to be valid in the face of other actors and forms of action which push towards the recognition of more and thicker community interests.
Note:
Gesehen am 02.10.2020
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First publication of the paper: DOI https://doi.org/10.2139/ssrn.3136943
Additional Edition:
Erscheint auch als Druck-Ausgabe Nolte, Georg, 1959 - The International Law Commission and community interests Berlin : Berlin Potsdam Research Group International Law - Rise or Decline?, 2017
Language:
English
Keywords:
Vereinte Nationen International Law Commission
DOI:
10.25932/publishup-42187
URN:
urn:nbn:de:kobv:517-opus4-421875
URL:
Volltext
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Author information:
Nolte, Georg 1959-
