The ILC and Informalization

Abstract

It could be interesting to shed some light on the issue of “Peace Through Law and the Role of the International Law Commission” from another academic discipline. As a political scientist I have been interested in international institutions, the development and change of norms, and the mechanisms of compliance and non-compliance. If I understand the work of the International Law Commission correctly it is engaged in the development and codification of international law. The excellent presentations of this conference have stressed the importance of this work for international peace and security, but, at the same time, made significant qualifications on how the effectiveness of the ILC in this respect could be strengthened. Helmut Aust argued for a noninstrumentalist approach since the best contribution of the ILC would be to contribute to the culture of formalism without diminishing the room of manoeuvre for policy changes. In a similar vain, Annemarieke Vermeer-Künzli stressed that the Law of Treaties can have a positive effect on peace if reasonable flexibility is assured. And finally, Nele Matz- Lück preferred non-binding over binding agreements if a broad agreement can be achieved.