The article highlights the importance of not considering the International Law Commission as a sui generis organ that cannot be compared with others. Instead, it calls for an engagement with the Commission, in the light of its formal status as an organ of the United Nations, arguing that this perspective is relevant to understand the normative nature of its work. Lastly, it criticises the Commission for its lack of self-reflection by stressing its meaning for legal positivism.
The International Law Commission as a sui generis organ? A call for self-reflection
Gasbarri, Lorenzo
2021
Abstract
The article highlights the importance of not considering the International Law Commission as a sui generis organ that cannot be compared with others. Instead, it calls for an engagement with the Commission, in the light of its formal status as an organ of the United Nations, arguing that this perspective is relevant to understand the normative nature of its work. Lastly, it criticises the Commission for its lack of self-reflection by stressing its meaning for legal positivism.
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