Meeting with the International Law Commission
UN expert body unable to clearly explain its own role within international law
The United Nations International Law Commission cannot clearly define its own function in terms that align with the prevailing theory of international law. This is evident from the doctoral research of Keri van Douwen. The finding sheds new light not only on the Commission itself, but also on the way in which international law as a discipline is understood.
The International Law Commission was established in 1947 by the UN General Assembly and has since grown into an authoritative legal expert body. The Commission has played an important role in the development and expansion of the international legal order.
Yet the Commission struggles with a fundamental question: what exactly is it doing, and why is it doing that? Since the 1990s, various political and legal developments have had a direct impact on the Commission's work. This led to questions regarding its output, authority, and role. It is not only legal scholars who concern themselves with these questions; the Commission also repeatedly questions itself about its own function.
The main conclusion of the study is that the United Nations' most important legal body cannot explain its own function in terms that align with the prevailing theory of international law.
This is striking, precisely because the Commission is expected to know international law thoroughly and clarify it. The study shows that the expert body cannot clearly explain what it does and why it does this.
According to Van Douwen, this struggle also says something about international law as a discipline. The Commission's continuous reflection on its own function can reveal where the prevailing theory of international law falls short in describing the role of such an expert body.
Societal significance
Van Douwen's study does not concern the efficiency or effectiveness of the Commission and does not lead to concrete recommendations or future applications. Its relevance lies primarily in a better understanding of the international legal order and the development of international law as a discipline.
This is also relevant in the present day. There is increasing attention for international law and the changing international legal order. The Commission has played an important role in their development, even though the body is relatively unknown to the general public.
According to the research, this lack of awareness is not necessarily problematic. The societal significance of the Commission lies primarily in its role within the international legal order. The very fact that an authoritative international legal expert body struggles to articulate its own function provides grounds to re-examine how international legal experts understand and explain ‘their’ international law.
More information on the thesis.