The European Union’s Engagement with the United Nations International Law Commission: Process, Principles and Purpose
(2024) Assessing the International Law Commission: the past, present and future — ISBN: [9004710647], accepted/in-press
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- Abstract
- The European Union (EU) has, since 1975, been making statements concerning the work of the United Nations International Law Commission (ILC), joining other international organisations in contributing to the ILC’s work of codification and progressive development of international law. But what principles and processes govern this engagement, from an EU and an international law perspective, and what purpose can we discern from the EU’s continued engagement with the ILC? This article draws on EU statements and on interviews with EU officials and ILC members to answer this question and to sketch out a picture of nearly fifty years of EU engagement with the ILC. It focuses on the spaces where this engagement takes place and the actors that shape it. In doing so, the article travels between Geneva, Brussels and New York to explore the significance of this engagement for the ILC’s work, in general, and for an organisation such as the EU, in specific. It argues that this engagement remains a mutually beneficial affair: it accords the EU with a unique forum to advocate for a codification of international law in line with the EU’s own rules, values, and interests, and provides the ILC with relevant information on developments within the EU’s legal order and the practice of its member States.
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Cabrita, T. (2024). The European Union’s Engagement with the United Nations International Law Commission: Process, Principles and Purpose. In Kathrin Maria Scherr, Erika de Wet (ed.), Assessing the International Law Commission: the past, present and future. Brill. https://hdl.handle.net/2078.5/259860