Codification of International Law
1) Different Meanings of Codification
The term codification of international law ( Codification of the Law of Nations) has been employed 3 different senses -
(1) The harmonizing of Municipal Law of various countries by the preparation and enactment of uniform statutes.
(2) A systematic re-statement of existing customary international law, for example as retaining and declaring the existing rules of international law.
(3) developing, amending and improving the law as it is re-stated
The committee on the progressive development of international law and its codification, set up by the United Nations General Assembly resolved the controversy between the second and third meaning of codification. Article 15 of the statutes of the International Law Commission distinguishes between the progressive development of international law and its codification.
According to Professor Woosley, the Codification of Law of nations (International law) must entail two processes -
(1) The scientific determination of the law, and
(2) the achievement of the universal acceptance of the law of so Defined by means of a multilateral convention Generally Accepted. He admitted that in character the second process was the legislative and political system.
Codification basically involves a process of legislation and consolidation..
2) What is Codification?
Code is a consolidation of the statute law or statute collecting all the law relating to a particular subject. Codification is the process of translating into statutes or conventions, customary law and their rules arising from the decisions of tribunals, with little or no alteration of the law. Codification secures, by means of general conventions, agreements among the states upon certain topics of international law and acts as a check whereby the determination of particular law is not left to the caprices of judges. It also tends to reconcile conflicting views and renders agreement possible among different States
3) Brief History of International Codification ;-
The idea of codification of the law of nation (codification of international law) was first mooted by Bentham at the end of the 18th century. He suggested Utopian International Law which could be the basis of an everlasting peace between civilized States.
4) Difficulties of Codification ;-
The main difficulty, however, in the way of codification is as Sir Cecil Hurst aptly remarks, "if it is left to government to meet in conference for the purpose of deciding what are the rules of International Law, it is inevitable that their efforts will be directed to agreeing or trying to agree on the rules of international law as they ought to be for example rules which would be appropriate to the present day requirements; and delegates will find that the requirement of government so diversified, so contrary that agreement is impossible.
5) Codification by Individual writers
(i) Alfons Von Domin Petrushevecz ;-
In 1861, an Australian jurist Alfons Von Domin Petrushevecz who published at Leipzig his code entitled Precis d'un code de droi international Showing the possibility of codification of international law.
(ii) Prof. Francis Liber ;-
In the year 1863 Professor Francis Liber of the Columbia University Law School, New York, drafted the law of War in a body of rules, which the United States published as "instructions for the Government of Armies of the United States on the field". These rules were applied in the U.S. civil war and also formed the basis of the Hague Regulations.
(iii) Bluntchli ;-
In the year 1868 Bluntchli Published a well-known draft code Das moderne Velkerrecht de civilisirten Staaten als Rechtbuch dargestellt, which received publicity and was translated into seveal languages.
(iv) Dudley Feild;-
In 1872 Dudley Feild published at New York "draft outlines of International Code".
(v) Emperor Alexander II of Rasia;-
In the year 1874 at the initiative the Emperor Alexander II of Rasia, the Brussels conference drafted a body of 60 Articles and of the name of the declaration of Brussless, but those articles were not ratified by the powers.
In the year 1880, Institute of international law published its Manuel des lois de la guerre sur Terri.
(vi) Leon Levi;-
In the year 1887, Leon Levi, published his International law with materials for the code of International Law.
(vii) Pasquale Fiore;-
In the year 1890, the Italian jurist Pasquale Fiore published his Code of International Law.
(viii) E Duplexis ;-
In 1960, E Duplexis published package code of international law.
(ix) Jerome Internoscia ;-
In the year 1911 Jerome Internoscia published in English French and Italian.
6) United Nations Charter and Codification;-
United Nations Charter, Article 30 of the Charter gives ample scope for the codification of International law. it reads -
"the general assembly shall initiate studies and make recommendations for the purpose of - a
(a) Promoting International co-operation in the political field and encouraging the progressive development of international law and its codification......."
8) Codification of Space Law ;-
The United Nations General Assembly by the resolution adopted on 13 December 1958, recognised the common interest of mankind and outer space which should be used up for peaceful purposes only and established an ad hoc committee on the Peaceful uses of outer space.
