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Analytical Guide


Future Topics

last update: 14 January 2008
A. Mandate
    - Article 18(1) of the Statute of the International Law Commission
B. Studies undertaken by the Secretariat and Reports of the Secretary-General
    1. 1st session of the International Law Commission (1949)
       - Survey of International Law in relation to the Work of Codification of the International Law Commission
- U.N. Doc. A/CN.4/1./Rev.1 (F) (U.N. publication Sales No.: 1948.V.I.(1))
    2. 12th session of the International Law Commission (1960) 
      - General Assembly resolution 1400 (XIV) on the codification of the principles and rules of international law relating to the right of asylum: note by the Secretariat 
- U.N. Doc. A/CN.4/128 (F) (in Ybk, 1960, vII) (F))
      - General Assembly resolution 1453 (XIV) on the study of the régime of historic waters, including historic bays: note by the Secretariat 
- U.N. Doc. A/CN.4/126 (F) (in Ybk, 1960, vII) (F))
    3. 13th session of the International Law Commission (1961)
       - Resolution adopted by the General Assembly regarding the future work in the field of the codification and progressive development of international law (note by the Secretariat)
- U.N. Doc. A/CN.4/138 (F) (in Ybk, 1961, vII) (F))
      - Note by the Secretary-General and observations by Governments on the future work in the field of the codification and progressive development of international law
- U.N. Doc. A/4796 and Add.1-8 (cf. U.N. Doc. A/C.6/L.491)
    4. 14th session of the International Law Commission (1962)
       - Future work in the field of the codification and progressive development of international law: Working paper prepared by the Secretariat
- U.N. Doc. A/CN.4/145 (F) (in Ybk, 1962, vII) (F))
    5. 19th session of the International Law Commission (1967)
       - Organization of future work: working paper prepared by the Secretariat
- U.N. Doc. A/CN.4/L.119 (F) (in Ybk, 1967, vII) (F))
    6. 20th session of the International Law Commission (1968)
       - "Review of the Commission's programme and methods of work" and "Organization of future work": Programme of work: working paper prepared by the Secretariat
- U.N. Doc. A/CN.4/L.128 (in ILC Report, A/7209/Rev.1 (F) (A/23/9), 1968, annex)
    7. 22nd session of the International Law Commission (1970) 
      - Review of the Commission's programme of work and of the topics recommended or suggested for inclusion in the programme: working paper prepared by the Secretariat

- U.N. Doc. A/CN.4/230 (F) (in Ybk, 1970, vII) (F))

    8. 23rd session of the International Law Commission (1971)
       - Survey of International Law: Working paper prepared by the Secretary-General
- U.N. Doc. A/CN.4/245 (F) (in Ybk, 1971, vII(2) (F))  
- ILC Report, A/8410/Rev.1 (F) (A/26/10), 1971, chp. V(B), paras.124-128
C. Reports of the Working Group or Sub-Committee
    1. 42nd session of the International Law Commission (1990)
      - Progress report of the Working Group on the Commission's long-term programme of work
- ILC Report, A/45/10, (F), 1990, chp. VIII(A), par.543, ft.325
    2. 43rd session of the International Law Commission (1991)
       - Report of the Working Group on long-term programme of work to the Planning Group
- ILC Report, A/46/10, (F), 1991, annex  
- ILC Report, A/46/10, (F), 1991, chp. VIII(A), paras.328-330
    3. 44th session of the International Law Commission (1992)
      - Working Group on the long-term programme of work of the Commission
- ILC Report, A/47/10, (F), 1992, chp. V(D)(2), paras.368-370
    4. 45th session of the International Law Commission (1993)
       - Working Group on the long-term programme of work of the Commission 
- ILC Report, A/48/10, (F), 1993, chp. VI(A)(2), paras.425-443
    5. 47th session of the International Law Commission (1995)
       - Working Group on the long-term programme of work of the Commission
- ILC Report, A/50/10, (F), 1995, chp. VII(A)(2), paras.502-507
       - Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/51/10 (F), 1996, annex II  
- ILC Report, A/51/10 (F), 1996, chp. VII(A)(2), paras.245-249

      - Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work
- ILC Report, A/52/10 (F), 1997, chp. X(C), par.238
    8. 50th session of the International Law Commission (1998)

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/53/10 (F), 1998, chp. X(C), paras. 551-554
9. 51st session of the International Law Commission (1999)

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/54/10 (F), 1999, chp. X(A)(2), paras. 640-641

10. 52nd session of the International Law Commission (2000)

 

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/55/10, 2000, chp. IX(A)(1), paras. 726-733, and Annex

11. 54th session of the International Law Commission (2002)

 

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/57/10, 2002, chp. X(A)(3), para. 521

12. 55th session of the International Law Commission (2003)

 

- Working Group on the long-term programme of work of the Commission

- ILC Report, A/58/10, 2003, chp. XI(A)(1), para. 439

13. 56th session of the International Law Commission (2004)

 

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/59/10, 2004, chp. XI(A)(1), paras. 362-363

14. 57th session of the International Law Commission (2005)

 

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/60/10, 2005, chp. XII(A)(3), para. 499

15. 58th session of the International Law Commission (2006)

 

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/61/10, 2006, chp. XIII(B)(1), paras. 256 - 260

16. 59th session of the International Law Commission (2007)

 

- Working Group on the long-term programme of work of the Commission: Report on the long-term programme of work

- ILC Report, A/62/10, 2006, chp. X(A)(3), para. 374

- Working Group on the Most-favoured-nation clause

- U.N. Doc. A/CN.4/L.719 (F, S, R, C, A)
- ILC Report, A/62/10, 2006, chp. X(A)(4), para. 377
   
D. Reports of the Special Rapporteur
    None
E. Reports of the Drafting Committee
    None
F. Comments by Governments
    1. 13th session of the International Law Commission (1961)
      - Observations by Governments on the future work in the field of the codification and progressive development of international law
- U.N. Doc. A/4796 and Add.1-8 (cf. U.N. Doc. A/C.6/L.491)
G. Other
    1. 10th session of the International Law Commission (1958)
        - Planning of future work of the commission: Comments and proposals submitted by Mr. Jaroslav Zourek
- U.N. Doc. A/CN.4/L.76 (F) (in Ybk, 1958, vII(F))
- ILC Report, A/3859 (F) (A/13/9), 1958, chp. V(I), paras.57-67
    2. 24th session of the International Law Commission (1972)
       - Observations of members of the International Law Commission on the Commission's long-term programme of work
- U.N. Doc. A/CN.4/254 (F) (in Ybk, 1972, vII) (F))
H. Reports of the International Law Commission
    1. Report of the International Law Commission on the work of its first session, 12 April to 19 June 1949  
      - As mandated under article 18(1) of its Statute, the Commission undertook a survey of the whole field of international law. Its primary task was to select particular topics the codification of which the Commission considered necessary or desirable. It had before it a memorandum prepared by the Secretariat entitled Survey of International Law in relation to the Work of Codification of the International Law Commission. It reviewed twenty-five topics, and provisionally selected fourteen for codification, three of which it decided to give priority to, viz. law of treaties, arbitral procedure, and régime of the high seas. 
      - Discussion in Plenary: 2nd, 3rd, 4th, 5th, 6th and 7th mtgs (13 to 21 April 1949)
- ILC Report, A/925 (A/4/10), 1949, part I, chp. II, paras. 9 to 20 
 

- Ybk, 1949, part I

    2. Report of the International Law Commission on the work of its second session, 5 June to 29 July 1950 
      - In response to the request of the General Assembly contained in resolution 374 (IV), the Commission decided to include in its list of priorities the topic of territorial waters. 
      - The Commission also decided to entertain the proposal of the Economic and Social Council with regard to the subject of "nationality, including statelessness."
- ILC Report, A/1316 (A/5/12), 1950, chp. II, par.18 
- Ybk, 1950, vII
    3. Report of the International Law Commission on the work of its fifth session, 1 June to 14 August 1953 
      - The Commission decided to postpone a decision on the request of the General Assembly, contained in resolution 685 (VII) of 5 December 1952, that the Commission undertake the codification of the topic "Diplomatic intercourse and immunities."
- ILC Report, A/2456 (A/8/9), 1953, chp. V(III) 
- Ybk, 1953, vII
    4. Report of the International Law Commission on the work of its sixth session, 3 June to 28 July 1954 
      - In pursuance of General Assembly resolution 685 (VII) of 5 December 1982, the Commission decided to initiate work on the topic of "Diplomatic intercourse and immunities".  
      - The Commission took note of General Assembly resolution 799 (VIII) of 7 December 1953 requesting it to undertake, as soon as it considered advisable, the codification of the principles of international law governing State Responsibility.
- ILC Report, A/2693 (A/9/9), 1954, chp. V(II), par.74 
- Ybk, 1954, vII
    5. Report of the International Law Commission on the work of its tenth session, 28 April to 4 July 1958 
      - The Commission undertook a review of the work accomplished during its first ten sessions. It considered that the finalization on the average of one completed piece of work for presentation to the Assembly in each year constituted about as much as it would be possible or desirable to aim at consistently with maintaining the requisite standard of work. Following an initial delay in its programme of codification, drawn up in 1949, the Commission had by 1958 finally completed nine pieces of codification or progressive development, of which eight were covered by its own original selection of topics to be dealt with, and four figured amongst the five topics originally selected for priority treatment. Of these nine completed pieces of work, four had already been taken up at an international conference and two more were scheduled to be similarly taken up in 1959. 
      - The Commission decided to undertake a study of the topic ad hoc diplomacy.
- ILC Report, A/3859 (F) (A/13/9), 1958, chp. V(II), paras.68-69 
- Ybk, 1958, vII (F)
 

- ILC Report, A/3859 (F) (A/13/9), 1958, chp. III(I), par.51 
- Ybk, 1958, vII (F)

    6. Report of the International Law Commission on the work of its eleventh session, 20 April to 26 June 1959 
      - The Commission took note of the invitation of the General Assembly, contained in resolution 1289 (XIII) of 5 December 1958, to consider the question of relations between States and inter-governmental international organizations. The Commission resolved that in due course attention would be given to the matter.
- ILC Report, A/4169 (F) (A/14/9), 1959, chp. IV(IV), par.48 
- Ybk, 1959, vII (F)
    7. Report of the International Law Commission on the work of its twelfth session, 25 April to 1 July 1960 
      - The Commission took note of General Assembly resolution 1400 (XIV) of 21 November 1959, requesting it, as soon as it considers it advisable, to undertake the codification of the principles and rules of international law relating to the right of asylum. 
      - Following General Assembly resolution 1453 (XIV) of 7 December 1959, calling on the Commission to undertake the study of the question of the juridical régime of historic waters, including historic bays, the Commission requested the Secretariat to undertake a study of the juridical régime of historic waters, including historic bays.
- ILC Report, A/4425 (F) (A/15/9), 1960, chp. IV(I) and (II), paras.39-40 
- Ybk, 1960, vII (F)
    8. Report of the International Law Commission on the work of its thirteenth session, 1 May to 7 July 1961 
      - The Commission discussed the decision of the General Assembly, contained in resolution 1505 (XV) of 12 December 1960, to place on the provisional agenda of the Assembly's sixteenth session an item entitled "Future work in the field of the codification and progressive development of international law" in order to study and survey the whole field of international law and make necessary suggestions with regard to the preparation of a new list of topics for codification and for the progressive development of international law. 
      - Discussion in Plenary: 614th (F), 615th (F) and 616th (F) mtgs (20 to 22 June 1961)
- ILC Report, A/4843 (F) (A/16/9), 1961, chp. III(II), paras.40-41 
- Ybk, 1961, vII
(F)
 

- Ybk, 1961, vI (F)

    9. Report of the International Law Commission on the work of its fourteenth session, 24 April to 29 June 1962 
      - Following General Assembly resolution 1686 (XVI) of 18 December 1961, the Commission held a general debate on its whole programme of work, including the topics mentioned in paragraph 3(a) of resolution 1686 (XVI), viz. State responsibility and succession of States and Governments. The discussion was held on the basis of a working paper prepared by the Secretariat. The Commission established a Committee of eight members to consider the future programme of work in accordance with General Assembly resolution 1686 (XVI), paragraph 3(b). The Commission on the recommendation of the Committee, agreed to limit its future programme of work to three main topics: law of treaties, state responsibility, and succession of States and governments. It also decided to include in its programme our additional topics of more limited scope referred to it by the General Assembly, viz. special missions, relations between States and inter-governmental organizations, the right of asylum, and the juridical régime of historic waters, including historic bays.  
      - Discussion in Plenary: 629th (F), 630th (F), 631st (F), 632nd (F), 633rd (F), 634th (F), 635th (F), 636th (F) and 637th (F) mtgs (25 April to 7 May 1962), and 668th (F) mtg (26 June 1962)
- ILC Report, A/5209 (F) (A/17/9), 1962, chp. III, paras.24-62 
- Ybk, 1962, vII (F)
 
 

- Ybk, 1962, vI (F)

    10. Report of the International Law Commission on the work of its fifteenth session, 6 May to 12 July 1963 
      - Following the request of the General Assembly, contained in resolution 1766 (XVII) of 20 November 1962, the Commission considered the question of extended participation in general multilateral treaties concluded under the auspices of the League of Nations. 
      - Discussion in Plenary: 712th (F) and 713th (F) mtgs (2 and 3 July 1963
- ILC Report, A/5509 (F) (A/18/9), 1963, chp. III, paras.18-50 
- Ybk, 1963, vII (F)

- Ybk, 1963, vI (F)

    11. Report of the International Law Commission on the work of its nineteenth session, 8 May to 14 July 1967 
      - The Commission decided to divide the topic succession of States and Governments into three, viz. succession in respect of treaties; succession in respect of rights and duties resulting from sources other than treaties; and succession in respect of membership of international organizations. 
      - The Commission discussed several additional topics suggested by members for possible future consideration. The first two, right of asylum and the study on historic waters, including historic bays, had previously been referred to it by the General Assembly. It decided not to undertake them at the present time. Other topics included: the effect of unilateral acts; the use of international rivers; and international bays and international straits. Some members suggested a return to topics dealt with by the Commission in its earlier years, such the question of criminal jurisdiction; while others proposed work on question of international legal procedure, such as model rules of conciliation. The Commission also noted that one aspect laid aside during its treatment of the law of treaties was the question of the most-favoured-nation clause. As it considered the scope of the topic to be more manageable, it decided to place the topic on its agenda. 
      - Discussion in Plenary: 917th (F) mtg (8 June 1967), 928th (F) and 929th (F) mtgs (23 and 27 June 1967), and 938th (F) and 939th (F) mtgs (12 and 13 July 1967)
- ILC Report, A/6709/Rev.1 (F) (A/22/9), 1967, chp. III(A), paras.36-39, 44-48 
- Ybk, 1967, vII (F)

- Ybk, 1967, vI (F)

    12. Report of the International Law Commission on the work of its twentieth session, 27 May to 2 August 1968 
      - The Commission decided to ask the Secretary-General to prepare a new survey of the whole field of international law on the lines of the Survey submitted at the Commission's first session in 1949. On the basis of such a new survey the Commission, in 1970 or 1971, could draw up a list of topics that were ripe for codification.
- ILC Report, A/7209/Rev.1 (F) (A/23/9), 1968, chp. V(A), par.99 
- Ybk, 1968, vII (F)
 
 
    13. Report of the International Law Commission on the work of its twenty-first session, 2 June to 8 August 1969 
      - The Commission reiterated its request that the Secretary-General prepare a new survey of international law.
- ILC Report, A/7610/Rev.1 (F) (A/24/10), 1969, chp. VI(A), par.91 
- Ybk, 1969, vII (F)
    14. Report of the International Law Commission on the work of its twenty-second session, 4 May to 10 July 1970 
      - The Secretariat submitted a preparatory working paper (A/CN.4/230 and Corr.1) concerning the review of the Commission's programme of work in accordance with the request made by the Commission at its twenty-first session. The Commission asked the Secretary-General to submit at its twenty-third session a new working paper as a basis for the Commission to select a list of topics which may be included in its long-term programme of work. 
- ILC Report, A/8010/Rev.1 (F) (A/25/10), 1970, chp. V(C), par.87 
- Ybk, 1970, vII (F)
 

 

    15. Report of the International Law Commission on the work of its twenty-third session, 26 April to 30 July 1971 
      - Following the General Assembly's recommendation contained in resolution 2669 (XXV) of 8 December 1970, the Commission decided to include the topic "Non-navigational uses of international watercourses" in its general programme of work. 
      - The Commission had before it a working paper entitled "Survey of International Law" (A/CN.4/245), prepared by the Secretary-General. The Commission held discussion on the basis of the working paper. 
      - The Commission reached the decision that, if the General Assembly requested it to do so, it would prepare at its 1972 session a set of draft articles regarding such crimes as the murder, kidnapping and assaults upon diplomats and other persons entitled to special protection under international law. 
      - Discussion in Plenary: 1141st (F) mtg (21 July 1971), 1143rd (F) and 1144th (F) mtgs (22 and 26 July 1971)
- ILC Report, A/8410/Rev.1 (F) (A/26/10), 1971, chp. V, paras.119-128 
- Ybk, 1971, vII(1) (F)
 

- Ybk, 1971, vI (F)

    16. Report of the International Law Commission on the work of its twenty-fifth session, 7 May to 13 July 1973  
      - Contains an extensive summary of the Commission's proceedings, prior to the session, with regard to the question of its long-term programme of work, as well as a review of its work during its first twenty-five years. Several topics for possible codification were suggested by members during the debate, and the Commission decided to give further consideration to these proposals. 
      - Discussion in Plenary: 1233rd (F), 1234th (F), 1235th (F), 1236th (F) and 1237th (F) mtgs (25 to 29 June 1973)
- ILC Report, A/9010/Rev.1 (F) (A/28/10), 1973, chp. VI, paras.134-176 
- Ybk, 1973, vII (F)

- Ybk, 1973, vI (F)

    17. Report of the International Law Commission on the work of its twenty-sixth session, 6 May to 26 July 1974 
      - Following the recommendation contained in paragraph 3 (c) of General Assembly resolution 3071 (XXVIII), the Commission decided to place the topic of international liability for injurious consequences arising out of the performance of activities other than internationally wrongful acts on its general programme of work.
- ILC Report, A/9610/Rev.1 (F) (A/29/10), 1974, chp. VI(C), par.163 
- Ybk, 1974, vII(1) (F)
    18. Report of the International Law Commission on the work of its twenty-ninth session, 9 May to 29 July 1977 
      - As it approached completion on several topics on its agenda, the Commission began to consider which topics, on its general programme of work, it would consider next. It selected the question of international liability for injurious consequences arising out of acts not prohibited by international law. It also decided to give further consideration to the topic "Right of Asylum" at a future session. It suggested the review of the draft code of offences against the peace and security of mankind.
- ILC Report, A/32/10, (F), 1977, chp. V(E)(b), paras.107-111 
- Ybk, 1977, vII(2) (F)
    19. Report of the International Law Commission on the work of its forty-first session, 2 May to 21 July 1989 
      - The Commission established a Working Group to consider the Commission's long-term programme of work. Following preliminary discussion within the Working Group, the Commission decided that it should hold further meetings at the next session to continue the consideration of questions within its mandate.
- ILC Report, A/44/10, (F), 1989, chp. IX(A), paras.734-736 
- Ybk, 1989, vII(2) (F)
    20. Report of the International Law Commission on the work of its forty-second session, 1 May to 20 July 1990 
      - The Working Group established at the previous session to consider the Commission's long term programme of work submitted a progress report to the Planning Group. The Working Group focused on three points: a) general criteria for the selection of new topics, b) possible new specific topics for the Commission's agenda; and c) form and timing of the Commission's recommendations to the Assembly on future programme of work. The Group considered such topics as "protection of the environment", or "legal principles regulating the protection of the environment"; "the international law of economic relations"; and several other themes including, "the refugee problem", "legal aspects of the international trade in arms", "a new generation of human rights", "updating of rules related to armed conflicts and protection of the civilian population", "legal aspects of disarmament" and "extra-territorial jurisdiction."
- ILC Report, A/45/10, (F), 1990, chp. VIII(A), par.543, ft.366
- Ybk, 1990, vII(2) (F)
    21. Report of the International Law Commission on the work of its forty-third session, 29 April to 19 July 1991 
      - The Working Group established to consider the Commission's long-term programme of work presented its report to the Planning Group. On the basis of the report, the Commission drew up the following list of topics from which it intended to select topics for inclusion in its long-term programme of work: 
      a) the law of confined international ground waters; 
      b) extraterritorial application of national legislation; 
      c) the law concerning international migrations; 
      d) extradition and judicial assistance; 
      e) the legal effects of resolutions of the United Nations; 
      f) international legal regulations of foreign indebtedness; 
      g) the legal conditions of capital investment and agreements pertaining thereto; 
      h) institutional arrangements concerning trade in commodities; 
      i) legal aspects in the protection of the environment of areas not subject to national jurisdiction (global commons); 
      j) rights of national minorities; 
      k) international commissions of inquiry (fact-finding) 
      l) the legal aspects of disarmament.
- ILC Report, A/46/10, (F),1991, chp. VIII(A), paras.328-330 
- Ybk, 1991, vII(2) (F)
    22. Report of the International Law Commission on the work of its forty-fourth session, 4 May to 24 July 1992 
      - The Planning group established a Working Group to consider a limited number of topics to be recommended to the General Assembly for inclusion in the programme of work of the Commission. The Commission endorsed the procedure proposed by the Planning Group, whereby designated members of the Commission were to prepare a short outline, or explanatory summary, of each of the topics for circulation to all members of the Working Group.
- ILC Report, A/47/10, (F), 1992, chp. V(D)(2), paras.368-370 
- Ybk, 1992, vII(2) (F)
    23. Report of the International Law Commission on the work of its forty-fifth session, 3 May to 23 July 1993 
      - The Working Group recommended the incorporation into the Commission's agenda of the topics "The law and practice relating to reservations to treaties" and "State succession and its impact on the nationality of natural and legal persons." The Commission decided that, subject to the approval of the General Assembly, the two topics would be included in its agenda. The Commission also noted the suggestion that the Special Rapporteur on the topic "Non-navigational uses of international watercourses" undertake a study in order to determine the feasibility of incorporating into the topic the question of "confined underground waters".
- ILC Report, A/48/10, (F), 1993, chp. VI(A)(2), paras.425-443 
- Ybk, 1993, vII(2) (F)
    24. Report of the International Law Commission on the work of its forty-seventh session, 2 May to 21 July 1995 
      - The Commission decided to re-establish the Working Group on the long-term programme of work set up in 1992. The Commission endorsed the Working Group's recommendation in favour of the topic "Diplomatic Protection" and decided, subject to the approval of the General Assembly, to include it in its agenda. The Commission also endorsed the recommendation of the Working Group that work in the nature of a "feasibility study" should begin on a topic concerning the law of the environment.
- ILC Report, A/50/10, (F), 1995, chp. VII(A)(2), paras.498-503
- Ybk, 1995, vII(2) (F)
    25. Report of the International Law Commission on the work of its forty-eighth session, 6 May to 26 July 1996 
      - The Commission re-established a Working Group to assist it in selecting topics for future study. The Commission adopted the report of the Working Group, and noted that although it had taken up and completed numerous topics in various fields of public international law, still much remained to be done. It established a general scheme of topics classified under 13 main fields of public international law. Three topics were identified as appropriate for codification and progressive development: diplomatic protection; ownership and protection of wrecks beyond the limits of national maritime jurisdiction; and unilateral acts of States.
- ILC Report, A/51/10 (F), 1996, chp. VII(A)(2), paras.244-248
- Ybk, 1996, vII(2) (F)
    26. Report of the International Law Commission on the work of its forty-ninth session, 12 May to 18 July 1997 
      - The Planning Group re-established the Working Group on the long-term programme of work to consider topics which may be taken up by the Commission beyond the quinquennium. In its report, the Working Group noted that the selection of topics for the long-term programme of work should be guided according to certain criteria: that the topic should reflect the needs of States in respect of the progressive development and codification of international law; that the topic should be sufficiently advanced in stage in terms of State practice to permit progressive development and codification; and that the topic is concrete and feasible for progressive development and codification. The selection of topics was then to be made at the Commission's fiftieth session.
- ILC Report, A/52/10 (F), 1997, chp. X(C), par.238
- Ybk, 1997, vII(2) (F)
    27. Report of the International Law Commission on the work of its fiftieth session, 20 April to 12 June 1998 and 27 July to 14 August 1998 
      - The Planning Group re-established the Working Group on the long-term programme of work to consider topics which may be taken up by the Commission beyond the quinquennium. Bearing in mind its recommendation contained in paragraph 238 of the report on its forty-ninth session, the Commission agreed that the selection of topics for the long-term programme of work should be guided by the following criteria: the topic should reflect the needs of the States in respect of the progressive development and codification of international law; the topic should be sufficiently advanced in stage in terms of State practice to permit progressive development and codification; that the topic is concrete and feasible for progressive development and codification. The Commission further agreed that it should not restrict itself to traditional topics, but could also consider those that reflect new developments in international law and pressing concerns of the international community as a whole. The Commission took note of the report of the Planning Group, in which a number of topics were identified and examined. These topics dealt with different and important aspects of international law such as human rights, environment, responsibility and treaties. It further took note that in the report of the Group the following topics were identified for inclusion in the long-term programme of work: responsibility of international organizations; the effect of armed conflict on treaties; shared natural resources (confined groundwater and single geological structures of oil and gas); and expulsion of aliens. The Commission agre