Study On The Progressive Development Of International Law:in The ILC And Its Special Rapporteur

The basic premise of this study is to make a distinction between "the Condification of International Law" and "the Progressive Development of International Law".The reason is below:firstly,the distinction is feasible and has practical experience to be accorded and followed.Secondly,the distinction is necessary,especially for China's circumstance today.This study intends to confirm that "the Progressive Development of International Law" does exist.Besides,in specific circumstance,some high-quality "Progressive Development of International Law" would play decisive role in the designated Article,paragraph,item of International treaties.In order to justify the rudimentary conclusion,this paper cites numerous examples of "the Progressive Development of International Law" of the International Law Commission.No matter Humphrey Waldock reforming the treaty reservation regime or the Special Rapporteur James Crawford filling the legal blank of the Draft Articles on State Responsibility or the International Law Commission progressively developing the "countermeasure" regime in accordance with the Responsibility of States for Internationally Wrongful Acts,above which have proved that the"Progressive Development of International Law" does exist.Meanwhile,Humphrey Waldock's revolution affects the increasing number of treaties,and satisfy the International Law Commission's intention.Not only did the Special Rapporteur,James Crawford,fill the legal gaps in the field of "State responsibility",but also did he reform and improve the "Countermeasures" regime.This paper deals with those following theoretical propositions:Firstly,it discusses and distinguishes the difference between "the Condification of International Law" and "the Progressive Development of International Law",and puts forward some practical standards of recognizing "the Progressive Development of International Law".Secondly,to find out those general principles of "the Progressive Development of International Law",and to analyze and summarize other theories which relate to "the Progressive Development of International Law",it is also the vital point of this study.Such as the close conection between the Memorandum of the Secretariat and "the Codification of International Law";At every process of drafting the articles of the International Law Commission,the Special Rapporteur's promotion of "the Progressive Development of International Law" is different;what legal status of the "the Progressive Development of International Law" is in some specific case;Outcomes of "the Progressive Development of International Law" of the International Law Commission have been applied to the International Court of Justice,International courts,and Arbitral Tribunals.Thirdly,combined with China's actual condition,thinking about the general principles of "the Progressive Development of International Law" is an important revelation for China's future active with positively participating in the "the Condification and Progressive Development of International Law".After a number of examples,it has proved that "the Progressive Development of International Law" does exist,and those Special Rapporteurs of the International Law Commission will have an important impact on "the Progressive Development of International Law",which will let our country actively participate in the future"codification and progressive development of international law",in such process to provide rich experience and bring important inspiration.And then,through "the Progressive Development of International Law" from practice to theoretical analysis,this paper summarizes the general principles of "the Progressive Development of International Law".The general principles are "transplanted","systematic","innovation" and "strategic",and these general principles may guide our country"intentionally" to promote "the Progressive Development of International Law" in the future.Anyway,the ultimate aim of this paper is that let the Government draw the attention to the work of "the Codification and Progressive Development of International Law" of the International Law Commission,and positively draw the attention to the important impact of "the Progressive Development of International Law" of Special Rapporteurs in drafting treaty.