INNOVATION AND CONTINUITY IN THE LAW OF TREATIES
| DOI | http://doi.org/10.1111/j.1468-2230.1970.tb01294.x |
| Published date | 01 September 1970 |
| Author | Francis G. Jacobs |
| Date | 01 September 1970 |
INN0,VATION AND CONTINUITY IN THE
LAW
OF
TREATIES
TEE adoption by the Vienna Conference of the Convention
on
the
Law of Treaties marked the culmination of twenty years’ work in
the development of international law.
It
was at its first session in
1949
that the International Law Commission, established by the
General Assembly to implement Article
18
of the United Nations
Charter and charged under its statute with the task of
‘‘
the pro-
gressive development of international law and its codification,”
s
included the law of treaties in its list of topics suitable for codi-
fi~ation.~
From
1949
until the adoption
of
the final text of its draft articles
on
the law of treaties in
1966,
the work of the International Law
Commission was marked by at least the appearance
of
continuity.
It
was based, like its work
on
other topics,
on
reports prepared by
special rapporteurs,
on
lengthy deliberations within the Commission,
and
on
the observations of Governments
on
drafts provisionally
approved by the Commission, which were then revised
in
the light
of these observations. The Commission’s somewhat protracted
method of work, necessary
if
the final product was to be accepted
by governments, of itself ensured an element of continuity and
stability. A further element of continuity was afforded by the fact
that the successive spedal rapporteurs
on
the law of treaties were
all British:
Mr.
J.
L.
Brierly,
Mr..
(later
Sir
Hers&) Lauterpacht,
Sir Gerald Fitzmaurice, and
Sir
Humphrey Waldock.
In
reality, however, the period was one
of
immense change, and
it is perhaps the main achievement
of
the Commission that its own
work has been fully responsive to the developments in international
law and in international relations throughout this period. The
principal change in the international community itself, the emer-
gence
of
the new independent stabs, has influenced the form
of
the
Commission’s work as well as its content. This influence has been
expressly acknowledged in the Commission’s reports. Thus, while
1
The Convention was adopted by the U.N. Conference
on
the
Law
of
Trmties
on
May
22,
1969, by
a
vote of 79
in
favour, one against (France), with 19
abstentions. For the text of
the
Convenbion,
see
Cmnd. 4140; (1969)
63
American Journal
of
Internatwnal Law
875;
and (1969)
8
Internutwnal Legal
Materials
679.
2
Art.
13
(1)
of the Charter provides that
“
The General Assembly shall initiate
studies and make recommendations for the purpose of
.
. .
enpuraging the
prooressive development
of
international
law
and its codification. The Inter-
natyonal
Law
Commission
was
established by General Assembly resolution 174
(11)
of
November
21,
1947.
3
Statute of the International Law Commission, Art.
1.
4
Official Records of the General Assembly, Fourth Session, Supplement No. 10
(A/925),
para.
16.
508
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