B. Studies undertaken by the Secretariat and Reports of the Secretary-General

None

1. 54th session of the International Law Commission (2002)

- Report of the study group on the fragmentation of international law

2. 55th session of the International Law Commission (2003)

- Report of the study group on the fragmentation of international law

3. 56th session of the International Law Commission (2004)

- Report of the study group on the fragmentation of international law

4. 57th session of the International Law Commission (2005)

- Report of the study group on the fragmentation of international law

5. 58th session of the International Law Commission (2006)

- Report of the study group on the fragmentation of international law, finalized by Martti Koskenniemi

- Conclusions of the work of the Study Group

None

None 

None

None

1. Report of the International Law Commission on the work of its Fifty-fourth session, 29 April to 7 June and 22 July to 16 August 2002   
- Decided to include the topic in its programme of work and to establish a Study Group on the topic, chaired by Bruno Simma. In its report, the Study Group made the following recommendations: to amend the title of the topic to its present wording; to prepare a series of studies on specific aspects of the topic to assist international judges and practitioners in coping with the consequences of the diversification of international law; and to provide a “toolbox” designed to assist in solving practical problems arising from incongruities and conflicts between existing legal norms and regimes.
- Discussion in Plenary: 2717th mtg (8 May 2002), 2741st and 2742nd mtgs (6 and 7 August 2002)

2. Report of the International Law Commission on the work of its Fifty-fifth session, 5 May to 6 June and 7 July to 8 August 2003
- Appointed Martti Koskenniemi as Chairman of the Study Group, to succeed Bruno Simma who had resigned from the Commission. The Study Group established a tentative schedule of work for the remainder of the quinquennium (2003-2006), agreed upon the distribution among its members of the preparation of the studies on the remaining subjects approved by the Commission in 2002, decided upon the methodology to be adopted for the preparation of the studies, and held a preliminary discussion of an outline prepared by the new Chairman of the Study Group on the first subject identified for study, namely, “The function and scope of the lex specialis rule and the question of self-contained regimes”. The Study Group also indicated its intention to prepare a final study covering all topics which may include the elaboration of guidelines. The Commission took note of the report of the Study Group.
- Discussion in Plenary: 2758th mtg (16 May 2003), 2779th mtgs (23 July 2003)

3. Report of the International Law Commission on the work of its Fifty-sixth session, 3 May to 4 June and 5 July to 6 August 2004
- Reconstituted the Study Group which held discussions on the study on the “Function and scope of the lex specialis rule and the question of ‘self-contained regimes’”, as well as discussions on the outlines prepared in respect of the other remaining studies. The Commission took note of the report of the Study Group.
- Discussion in Plenary: 2828th mtg (4 August 2004)

4. Report of the International Law Commission on the work of its Fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
- The Study Group was reconstituted. It had before it the following: (a) a memorandum on regionalism in the context of the study on “the function and scope of the lex specialis rule and the question of self-contained regimes”; (b) a study on the interpretation of treaties in the light of “any relevant rules of international law applicable in the relations between the parties” (article 31 (3) (c) of the Vienna Convention on the Law of Treaties), in the context of general developments in international law and concerns of the international community; (c) a study on the application of successive treaties relating to the same subject matter (article 30 of the Vienna Convention on the Law of Treaties); (d) a study on the modification of multilateral treaties between certain of the parties only (article 41 of the Vienna Convention on the Law of Treaties); and (e) a study on hierarchy in international law: jus cogens, obligations erga omnes, Article 103 of the Charter of the United Nations, as conflict rules. The Study Group also had an informal paper on the “Disconnection Clause”. The Commission took note of the report of the Study Group.
- Discussion in Plenary: 2859th, 2860th and 2864th and 2865th mtgs (28 and 29 July and 3 and 4 August 2005, respectively)

5. Report of the International Law Commission on the work of its Fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
- The Study Group was reconstituted. It had before it a study finalized by the Chairman of the Study Group, Mr. Martti Koskenniemi (A/CN.4/L.682 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)), as well as a set of draft conclusions based on that study (A/CN.4/L.682/Add.1). The former document summarized and analysed the phenomenon of fragmentation on the basis of the studies prepared by the various members of the Study Group and taking into account the comments made by members of the Study Group . The latter document incorporated the draft conclusions of the Study Group’s work between 2002 and 2005, as well as additional draft conclusions and a section on background. The substantive work of the Study Group during the session was focused on finalizing these conclusions. The Study Group completed its work and adopted its report containing 42 conclusions. The Study Group stressed the importance of the collective nature of its conclusions. It also emphasized that these conclusions had to be read in connection with the analytical study, finalized by the Chairman, on which they are based.
- Discussion in Plenary: 2901st (F) and 2902nd (F) mtgs, held on 27 and 28 July 2006, and 2911th (F) and 2912th (F) mtgs, held on 9 and 10 August 2006

- ILC Report, A/61/10, 2006, chp. XII, paras. 233 to 251

Res. 57/21 of 19 November 2002 (E, F, S, R, C, A)
- Took note of the Commission's decision to include the topic in its programme of work.

International Law Commission (58th session, 2006)  
- The Study Group completed its work and adopted its report containing 42 conclusions. The Study Group stressed the importance of the collective nature of its conclusions. It also emphasized that these conclusions had to be read in connection with the analytical study, finalized by the Chairman, on which they are based.

General Assembly  
Res. 61/34 of 4 December 2006 (E, F, S, R, C, A)
- Expressed its appreciation to the International Law Commission for the
completion by its Study Group of the report and the conclusions on
the topic “Fragmentation of international law: difficulties arising from
diversification and expansion of international law”.
- Took note of the forty-two conclusions of the Commission’s Study Group on the topic “Fragmentation of international law: difficulties arising from diversification and expansion of international law”, contained in paragraph 251 of the report of the International Law Commission, together with the analytical study on which they were based.