La codification du droit international
By: DAUDET, Yves
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ArticlePublisher: Paris : IIAP, avril/juin 1997Revue Française D'Administration Publique 82, p. 197-208Abstract: Because of the essentially voluntary nature of international law, codification is not without its risks with respect to the integrality of international law. More often than not States will only accept that they are bound by norms to which they have consented. Codification must, therefore, have as its objective the re-enforcement of rules of law which pre-exist in a customary form. For this reason, whatever the instance of codification, the preparatory work done towards codification determines the success of the venture; likewise, in addition to their scientific analysis of questions posed, specialists must necessarily engage in a more practical and political analysis, with a view to evaluating the chances of the project being accepted by States
Because of the essentially voluntary nature of international law, codification is not without its risks with respect to the integrality of international law. More often than not States will only accept that they are bound by norms to which they have consented. Codification must, therefore, have as its objective the re-enforcement of rules of law which pre-exist in a customary form. For this reason, whatever the instance of codification, the preparatory work done towards codification determines the success of the venture; likewise, in addition to their scientific analysis of questions posed, specialists must necessarily engage in a more practical and political analysis, with a view to evaluating the chances of the project being accepted by States
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