Foreign Relations of the United States, 1946, General; the United Nations, Volume I

10 Files: US/A/C.6/16¹⁹

United States Delegation Working Paper

confidential

[New York,] November 5, 1946.

Progressive Development and Codification of International Law

The attached document entitled “Resolution Relating to the Progressive Development and Codification of International Law Proposed by the United States and Chinese Delegations” contains the same proposals as those set forth in the United States position paper on this subject (Position Papers, Committee 6, tab 5)²⁰ with the following modifications:

1. The position paper recommended the establishment of a subcommittee by Committee VI while the attached resolution proposes the creation of a committee by the General Assembly.

2. The position paper recommended consideration by the subcommittee of the “division of labor between the General Assembly and the Economic and Social Council” while the attached resolution proposes consideration of the “method of consultation with the Economic and Social Council and other organs of the United Nations.”

These modifications were made after a conference with Dr. S. S. Liu, of the Chinese Delegation which had expressed its desire to make these proposals jointly with the United States Delegation.²¹

[Annex]

Resolution Relating to the Progressive Development and Codification of International Law Proposed by the United States and Chinese Delegations

The General Assembly,

recognizing the obligation laid upon it by Article 13, paragraph 1, sub-paragraph (a) of the Charter to initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification; and

taking note of the difficulties encountered in earlier efforts to develop and codify international law;

approves the establishment by the General Assembly of a committee of seven Members,

1. to consider the procedures to be recommended for the discharge of the General Assembly’s responsibilities under Article 13, paragraph 1, sub-paragraph (a); and in particular:

(a) the most practical methods by which the General Assembly may undertake to encourage the progressive development of international law and its codification;

(b) the proper method of consultation with the Economic and Social Council and other organs of the United Nations in working toward this objective;

(c) the best method of enlisting the most effective assistance of national or international groups;

(d) the establishment of machinery of the General Assembly to continue work in the field;

(e) the consideration of proposals for special United Nations bodies, such as an international drafting body, which might assist in the attainment of the objective;

(f) the best procedure for deciding what specific subjects should be first considered.

2. to report to the next General Assembly on these procedures.

19. This short title refers to the Master Files found in the Reference and Documents Section of the Bureau of International Organization Affairs, Department of State.
20. The book of position papers for the Sixth Committee is found in the IO Files. This particular paper is not printed; it followed the line of thought described in the informal memorandum forwarded by the Department to the Acting United States Representative at the United Nations (Johnson) under instruction no. 23, July 30; see footnote 1, p. 525.
21. In a meeting with members of the United States Delegation to the General Assembly on October 17, Mr. John Maktos had outlined the Department’s thinking on the proposed resolution on codification of international law. “Mr. Maktos said as far as he knew the British agreed with the United States’ suggestions. He said, however, that the [United Nations] Secretariat might want a committee of experts to study the matter. Mr. Maktos said he agreed that the committee should be made up of experts, but that the experts should be international lawyers with official positions in their governments so that their governmental viewpoints could be presented.” (Minutes of the Second Meeting of the U.S. Delegation, New York, October 17, 1946, 2:30 p.m.: IO Files, document US/A/M (Chr.)/2)