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Reinisch, August; Bjorklund, Andrea K. --- "Soft Codification of International Investment Law" [2012] ELECD 639; in Bjorklund, K. Andrea; Reinisch, August (eds), "International Investment Law and Soft Law" (Edward Elgar Publishing, 2012)

Book Title: International Investment Law and Soft Law

Editor(s): Bjorklund, K. Andrea; Reinisch, August

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781003213

Section: Chapter 11

Section Title: Soft Codification of International Investment Law

Author(s): Reinisch, August; Bjorklund, Andrea K.

Number of pages: 14

Extract:

11. Soft codification of international
investment law
August Reinisch and Andrea K. Bjorklund

INTRODUCTION

At present, codification has become a contested concept. For many
observers the era of codification in customary international law is a
bygone period since most major topics have been subjected to more or less
successful codification attempts, primarily under the prominent aegis of
the International Law Commission (ILC), including its work on
diplomatic1 and consular2 law, on the law of treaties,3 on state
responsibility,4 state succession,5 and state immunity.6
If one looks at today's work plan of the ILC, mostly technical areas
remain. The Commission is addressing some of the unresolved questions
in the Vienna Convention on the Law of Treaties (VCLT), such as



1
Vienna Convention on Diplomatic Relations, 18 April 1961, 500 UNTS 95.
2
Vienna Convention on Consular Relations, 24 April 1963, 596 UNTS 261.
3
Vienna Convention on Law of Treaties, 23 May 1969, 1155 UNTS 331.
4
Draft articles on Responsibility of States for internationally wrongful acts,
adopted by the International Law Commission at its Fifty-third session (2001),
Report of the International Law Commission on the work of its Fifty-third session,
Official Records of the General Assembly, Fifty-sixth session, Supplement No 10
(A/56/10), Chp IV.E.2.
5
Vienna Convention on Succession of States in respect of Treaties, 23
August 1978, 1946 UNTS 3; Vienna Convention on Succession of States in respect
of State Property, Archives and Debts, 8 April 1983, ...