Page 30 - Law of Peace, Volume ,

Pam 27-161-1

out that the vast majority of publicists in the area of inter- munity and negating the will of the majority by means of
national law are nationals of developed European or the veto power exercised by its five permanent mem-
North American states. Accordingly, these individuals bers. 172 The increasing number of General Assembly
seldom articulate the interests or attitudes of emerging resolutions are cited as clear evidence of the fact that the
states. 169 This assertion is often explained in terms of the Assembly is, in reality, the legitimate and authoritative
fact that, as these writers obviously owe their allegiance to spokesman of the world community. 173 Moreover, a
particular states of the world community, they will conse- strong argument is made that, for want of better sub-
quentially be deprived of true scholarly independence and stitutes, these resolutions should be considered the most
objectivity. authoritative pronouncements of international legal
c. As evidenced by the preceding discussion, evolving norms. In the words of one spokesman:
countries generally tend to regard international agree- The United Nations is a very appropriate body to look to for indica- '
ments as the only viable source of international jurispru- tions of developments in international law, for international custom is to
dence and view evidences of this law as reflective solely of be deduced from the practice of states. .. . The existence of the United
the developed states' interests. Moreover, even in terms Nations, especially in light of its accelerated trend towards universality of
membership since 1955,thus provides a very clear, very concentrated
of the authoritativeness of treaties, the former countries
focal point of state practice. 174
reserve the right to pick and choose among those treaty
commitments entered into by their prior colonial rulers In support of this contention, emerging countries also call
before they will agree to be bound. Although many regard attention to the fact that past resolutions of the General
this to be a "totally negative" approach demonstrated by Assembly have been accepted as having the force of law.
emerging states toward currently existing principles of in- A listing of such resolutions generally includes the 1950
ternational law, these countries do have future goals to Uniting for Peace Resolution, the 1945 GA Resolution on
achieve in the international legal sector. the Affiation of the Nuernberg Tribunal, the 1945 GA
1-19. Future Objectives of the Evolving States. a. To- Resolution concerning the Crime of Genocide, and the
day's emerging countries maintain that their aim is not to 1948 Universal Declaration of Human Rights. 175 There
reject or to revise existing international legal norms simply exists little doubt that the evolving states will continue to
for the sake of doing so. These states insist that current in- argue the "law making" power of the General Assembly.
ternational law, far from being structured and rule pro- (2) The International Law Commission. 176 Since
ductive, is anarchical in nature and fails to provide an ade- the increase in the number of its member states from fif-
quate forum for equal and effective cooperation and com- teen to twenty-one in 1961, the I.L.C., established under
petition among all states. This desire for a strengthened, Article 13 of the United Nations Charter, has been
but balanced, system of international jurisprudence viewed by the emerging countries as a most effective
professed by evolving countries has been summarized: forum for the formulation of modem rules of interna-
tional law. Seven Afro-Asian states now have representa-
[I]t would be a mistake to discount the often expressed concern of the
less-developed nations for the strengthening and development of inter- tives on the Commission, and the argument is in-
national law. Weak in material power, these nations must seek protec- creasingly made that the work of the I.L.C. is much more
tion and assistance in international law and organization. .. . [Tlhe less reflective of universally accepted legal norms than are
developed countries will insist on having their voices heard in the for- decisions of the I.C.J. or the works of publicists:
mulation and development of the law. 170
It must be remembered that in providing an opportunity for change
b. Having expressed a desire to participate in the and growth of the law, the Commission is in fact providing just those
development of a workable, responsible, and egalitarian procedures of legislation of which the international community is so
system of international jurisprudence, evolving states much in need. . .. Further, there is a great value in a procedure by
have begun to seek the means and methods by which this which the rival interests of states must be expressed in a scientific
framework and made to speak the language of law. 177
goal might be achieved. In recent years, this search has
centered on international organizations, particularly the 1-20. Summary. Convinced that the major portion of
United Nations General Assembly and its subsidiaries. 171
172. Saab, supra note 149,at 105.See also, Elias, supra note 137,
(1) The General Assembly. The evolving countries at 58.
are generally unanimous in their belief that the United 173. See generally, Friedmann, supra note 29,at 86-99.
Nations General Assembly provides the most appropriate 174. R. Jennings, supra note 152,at 3 1-32.
forum for the expression of their views and desires. Ac- 175. C. Waldock, supra note 34,at 49-53.
176. The I.L.C. is now comprised of twenty-five members "of
cordingly, these countries urge that this organ be imbued
recognized competence" in international law, elected by the General
with more responsibility and that the great weight of Assembly for a 5-year term. The Commission is tasked with studying
power be shifted from the Security Council to the General the methods by which the General Assembly should encourage the
Assembly. This former body has long been charged with progressive development of international law and its eventual codifica-
frustrating the development of the international com- tion. The members do not serve as representatives of their governments
but as experts on international law. The Commission holds an annual 8-
169. T.Elias, supra note 137,at 43. to 11- week session in Geneva. For a concise explanation of the I.L.C.
170. 0. Lissirzyn, supra note 139,at 102-105.
and its work, See C. Rhyne, International Law 140-141 (1971).
17'. Friedmann, supra note 29,at 87.
R. Jennings, supra note 152,at 31-32.