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Draft Convention on Arbitral Procedure of the International Law Commission

Published online by Cambridge University Press:  30 March 2017

Kenneth S. Carlston
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Type
Notes and Comments
Information
American Journal of International Law , Volume 48 , Issue 2 , April 1954 , pp. 296 - 299
Copyright
Copyright © American Society of International Law 1954

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References

1 Carlston, K. S., “Codification of International Arbitral Procedure,” this Journal, Vol. 47 (1953), p. 203 Google Scholar.

2 Report of the International Law Commission Covering the Work of its Fifth Session 1 June-14 August 1953, General Assembly, 8th Sess., Official Records, Supp. No. 9 (A/2456), pp. 9–11; this Journal, Supp., Vol. 48 (1954), pp. 19–26.

3 Report of the International Law Commission, op. cit., p. 2.

4 Ibid.

4a See Carlston, loc. cit., at pp. 224–225.

5 See Carlston, K. S., The Process of International Arbitration (New York, 1946)Google Scholar, Secs. 18–20.

6 See Commentary on Draft on Arbitral Procedure (U. N. Doc. A/CN. 4/L. 40, May 5, 1953), p. 111.

7 Op. cit. (supra, note 2), p. 6.

8 Id. at pp. 32–36. The Netherlands questioned “whether in this way arbitration will not be divested of one of its specific characteristics and whether this may not entail the impossibility for arbitration to maintain itself beside international judicature. In other words: may not arbitration lose its attractiveness for States?” Id. at p. 35.

9 Id. at p. 36.

10 Carlston, , “Interpretation of Peace Treaties with Bulgaria, Hungary and Rumania, Advisory Opinions of the International Court of Justice,” this Journal, Vol. 44 (1950), p. 728 Google Scholar.

* The Draft was discussed extensively in the Sixth Committee of the General Assembly during its Eighth Session in the Fall of 1953. The General Assembly adopted a resolution to transmit to Member States the Draft, “together with the observations made thereon in the Sixth Committee,” with a view to the submission by governments “of whatever comments they may deem appropriate, if possible, before 1 January 1955,” and to ask the Secretary General to include the question in the provisional agenda of the Tenth Session. [Ed.]