|
A.
Mandate
- 2000
recommendation of the Working-Group on the long-term programme
of work
- 2002 decision to include the topic in its programme of
work
- G.A. Res.55/152 of 12 December 2000 (E,
F,
S,
R,
C,
A),
Res. 56/82 of 12 December 2001 (E,
F,
S,
R,
C,
A)
and Res. 57/21 of 19 November 2002 (E,
F,
S,
R,
C,
A)
|
| B.
Studies undertaken by the Secretariat and Reports of
the Secretary-General |
|
None
|
|
| |
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
-
Report of the Working Group
|
-
ILC Report, A/57/10,
2002, chp. VIII, paras.465-488 |
|
|
|
-
Report of the Working Group: text of article 2
|
-
ILC Report, A/58/10,
2002, chp. IV, para.48 |
| |
|
| D.
Reports of the Special Rapporteur |
|
1.
Surveyed the previous work of the Commission relating
to the responsibility of international organizations
beginning with the work of the Commission on the topic
of relations between States and international organizations
in which the question of responsibility of international
organizations was identified as early as 1963. The
report further discussed the scope of the work and
general principles concerning responsibility of international
organizations, dealing with issues that corresponded
to those that were considered in chapter one (General
principles, arts. 1 to 3) of the draft articles
on Responsibility of States for internationally
wrongful acts. The following three draft articles
were proposed: article 1 Scope of the present
draft articles,22 article 2 Use of terms23
and article 3 General principles.
-
First Report of the Special Rapporteur, Giorgio
Gaja (55th
session of the ILC (2003))
|
-
U.N. Doc. A/CN.4/532
(F,
S,
R,
C,
A)
- ILC Report, A/58/10,
2003, chp. IV, paras.44-45 |
2.
Attribution of conduct to international organizations
for which he proposed four draft articles: article
4 General rule on attribution of conduct to
an international organization, article 5 Conduct
of organs placed at the disposal of an international
organization by a State or another international organization,
article 6 Excess of authority or contravention
of instructions, and article 7 Conduct
acknowledged and adopted by an international organization
as its own.
-
Second Report of the Special Rapporteur,
Giorgio Gaja (56th
session of the ILC (2004))
|
-
U.N. Doc. A/CN.4/541
(F,
S,
R,
C,
A)
- ILC Report, A/59/10,
2004, chp. V, paras.65-66 |
3.
Dealt with the existence of a breach of an international
obligation on the part of an international organization
and with the responsibility of an international organization
in connection with the act of a State or another international
organization. The Special Rapporteur proposed draft
articles 8 to 16: article 8 Existence of a breach
of an international obligation, article 9 International
obligation in force for an international organization,
article 10 Extension in time of the breach of
an international obligation, article 11 Breach
consisting of a composite act, article 12 Aid
or assistance in the commission of an internationally
wrongful act, article 13 Direction and
control exercise over the commission of an internationally
wrongful act, article 14 Coercion of a
State or another international organization,
article 15 Effects of the preceding articles,
and article 16 Decisions, recommendations and
authorizations addressed to member States and international
organizations.
-
Third Report of the Special Rapporteur, Giorgio
Gaja (57th
session of the ILC (2005))
|
-
U.N. Doc. A/CN.4/553
(F,
S,
R,
C,
A)
- ILC Report, A/60/10,
2005, chp. VI, paras.197-200 |
4.
Circumstances precluding wrongfulness (consent, self-defence,
countermeasures in respect of an internationally wrongful
act, force majeure, distress, necessity, compliance
with peremptory norms, and consequences of invoking
a circumstance precluding wrongfulness, as well as
aid or assistance, direction and control, and coercion
by a State in the commission of an internationally
wrongful act of an international organization, and
use by a State that is a member of an international
organization of the separate personality of that organization).
Included a consideration of the question of the responsibility
of members of an international organization
when that organization is responsible.
-
Fourth Report of the Special Rapporteur,
Giorgio Gaja (58th
session of the ILC (2006))
|
-
U.N. Doc. A/CN.4/564
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
and Add.2
(F,
S,
R,
C,
A)
-
ILC Report, A/61/10,
2006, chp. VI, paras.80 - 91
|
5.
Consideration of the content of the international
responsibility of an international organization (general
principles, the legal consequences of an internationally
wrongful act, the continued duty of performance, cessation
and non-repetition, reparation, irrelevance of the
rules of the organization, and scope of international
obligations set out in this Part), reparation for
injury (forms of reparation, restitution, compensation,
satisfaction, interest, and contribution to the injury)
as well as serious breaches of obligations under peremptory
norms of general international law (Application of
the chapter, and particular consequences of a serious
breach of an obligation under the chapter).
-
Fifth Report of the Special Rapporteur, Giorgio
Gaja (59th
session of the ILC (2007))
|
-
U.N. Doc. A/CN.4/583
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
-
ILC Report, A/62/10,
2007, chp. VIII, paras. 328-342
|
6.
Discussion of the invocation of the responsibility
of an international organization (invocation of responsibility
by an injured State or international organization,
notice of claim by an injured State or international
organization, loss of the right to invoke responsibility,
plurality of injured entities, plurality of responsible
entities, invocation of responsibility by an entity
other than an injured State or international organization)
and countermeasures (object and limits of countermeasures,
obligations not affected by countermeasures, proportionality,
conditions relating to resort to countermeasures,
termination of countermeasures, measures taken by
an entity other than an injured State or international
organization)
-
Sixth Report of the Special Rapporteur, Giorgio
Gaja (60th
session of the ILC (2008))
|
-
U.N. Doc. A/CN.4/597
(F,
S,
R,
C,
A)
- ILC Report, A/63/10,
2008, chp. VII, paras. 135-163
|
7.
Discussion on scope of the articles, use of terms
and general principle, attribution of conduct, breach
of an international obligation, responsibility of
an international organization in connection with the
act of a State or another international organization,
circumstances precluding wrongfulness, responsibility
of a State in connection with the act of an international
organization, content of international responsibility,
implementation of international responsibility, and
general provisions.
-
Seventh Report of the Special Rapporteur,
Giorgio Gaja (61st
session of the ILC (2009))
|
-
U.N. Doc. A/CN.4/610
(F,
S,
R,
C,
A)
|
| |
|
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Titles and texts of draft articles 1, 2 and 3
adopted by the Drafting Committee
- Statement
of the Chairman of the Drafting Committee
|
-
U.N.Doc A/CN.4/L.632
(F,
S,
R,
C,
A) |
|
|
|
-
Titles and texts of the draft articles 4, 5, 6,
and 7 adopted by the Drafting Committee
|
-
U.N.Doc A/CN.4/L.648
(F,
S,
R,
C,
A)
and Corr.1 (English
only) |
|
|
|
-
Titles and texts of the draft articles adopted
by the Drafting Committee on 27 May 2005
- Statement
of the Chairman of the Drafting Committee
|
-
U.N.Doc A/CN.4/L.666/Rev.1
(F,
S,
R,
C,
A)
and Corr.1 (Spanish
only) |
|
|
|
-
Titles and texts of the draft articles adopted
by the Drafting Committee on 31 May 2006 and 19
July 2006
- Statement of the Chairman of the Drafting Committee
(1st
part) (2nd
part)
|
-
U.N.Doc A/CN.4/L.687
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A) |
|
|
|
-
Titles and texts of draft articles 31 to 45 [44]
adopted by the
Drafting Committee on 18, 19, 20 and 25 July 2007
- Statement
of the Chairman of the Drafting Committee
|
-
U.N.Doc A/CN.4/L.720
(F,
S,
R,
C,
A) |
|
|
|
-
Titles and texts of articles 46, 47, 48, 49 [48],
50 [49], 51 [50], 52 [51] and 53, provisionally
adopted by the Drafting Committee on 21, 22, 28,
29 and 30 May 2008
- Statement
of the Chairman of the Drafting Committee
- Titles
and texts of Part Three, Chapter I, Chapter II
and draft articles 54, 55, 56, 57, 58, 59 and
60 provisionally adopted by
the Drafting Committee on 16 July 2008
- Statement
of the Chairman of the Drafting Committee
|
-
U.N.Doc A/CN.4/L.725
(F,
S,
R,
C,
A)
-
U.N.Doc A/CN.4/L.725/Add.1
(F,
S,
R,
C,
A)
|
|
|
|
-
Restructuring of the draft articles and text of
draft articles 2, 4, 8, 15, paragraph 2, (b),
15 bis, 18, 19 and 55, adopted by the Drafting
Committee on 25, 26, 27 May and 2 June 2009
(statement
of the Chairman of the Drafting Committee)
- Text of draft articles 3, 3 bis, 28, paragraph
1, 61, 62, 63 and 64 adopted by the Drafting Committee
on 2 June 2009 (statement
of the Chairman of the Drafting Committee)
|
-
U.N.Doc A/CN.4/L.743
(F,
S,
R,
C,
A)
- U.N.Doc A/CN.4/L.743/Add.1
(F,
S,
R,
C,
A)
|
| F.
Comments by Governments/International Organizations |
|
|
|
|
-
Comments and observations received from international
organizations
|
-
U.N. Doc. A/CN.4/545
(F,
S,
R,
C,
A)
|
|
|
|
|
|
-
U.N. Doc. A/CN.4/547
(F,
S,
R,
C,
A) |
|
|
-
U.N. Doc. A/CN.4/556
(F,
S,
R,
C,
A) |
|
|
|
|
|
-
U.N. Doc. A/CN.4/568
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A) |
|
|
|
|
|
-
U.N. Doc. A/CN.4/582
(F,
S,
R,
C,
A) |
|
|
|
|
|
-
U.N. Doc. A/CN.4/593
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A) |
|
|
|
|
|
-
U.N. Doc. A/CN.4/609
(F,
S,
R,
C,
A)
|
| |
|
| G.
Other |
|
None
|
|
| |
|
| H.
Reports of the International Law Commission |
|
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. Appointed Giorgio Gaja as Special Rapporteur
and established a Working Group, and subsequently
considered and adopted an oral report of the Working
Group.
- Discussion in Plenary: 2717th
(F) mtg (8 May 2002) and 2740th
(F) mtg (2 August 2002)
|
-
ILC Report, A/57/10,
2002, chp. VIII, paras.458-488
- Ybk,
2002, vI |
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
-
Considered the first report of the Special Rapporteur,
referred draft articles 1 and 3 to the Drafting
Committee. The Commission established a Working
Group to consider draft article 2, and subsequently
referred the new text for that article, as proposed
by the Working Group, to the Drafting Committee.
The Commission subsequently considered and adopted
the report of the Drafting Committeee on draft articles
1 (Scope of the present draft articles), 2 (Use
of terms) and 3 (General principles), and adopted
commentaries on those articles. A Working Group
was subsequently established to assist the Special
Rapporteur with his next report.
- Discussion in Plenary: 2751st
(F), 2752nd
(F), 2753rd
(F), 2754th
(F), 2755th
(F), 2756th
(F), 2763rd
(F) mtg (5 to 9, 13 and 27 May 2003) and 2776th
(F) and 2784th
(F) mtgs (16 July and 4 August 2003)
|
-
ILC Report, A/58/10,
2003, chp. IV, paras.41-54 |
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
-
The Commission had before it the second report of
the Special Rapporteur. After considering the report,
the Commission referred draft articles 4 to 7 to
the Drafting Committee. The Commission subsequently
considered and adopted the report of the Drafting
Committeee on draft articles 4 (General rule on
attribution of conduct to an international organization),
5 (Conduct of organs or agents placed at the disposal
of an international organization by a State or another
international organization), 6 (Excess of authority
or contravention of instructions), and 7 (Conduct
acknowledged and adopted by an international organization
as its own), and adopted commentaries on those articles.
- Discussion in Plenary: 2800th (F), 2801st
(F), 2802nd (F), 2803rd (F) (18 to 25 May 2004),
2810th (F) (4 June 2004) and 2826th (F) and 2827th
(F) mtgs (3 August 2004)
|
-
ILC Report, A/59/10,
2004, chp. V, paras.61-72 |
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 Commission considered the third report of the
Special Rapporteur, and subsequently established
a Working Group to consider draft articles 8 and
16. The Commission referred draft articles 9 to
15, and 8 and 16 (on the basis of the oral report
of the Working Group) to the Drafting Committee.
The Commission, subsequently considered and adopted
the report of the Drafting Committee on draft articles
8 (Existence of a breach of an international obligation),
9 (International obligation in force for an international
organization), 10 (Extension in time of the breach
of an international obligation), 11 (Breach consisting
of a composite act), 12 (Aid or assistance in the
commission of an internationally wrongful act),
13 (Direction and control exercised over the commission
of an internationally wrongful act), 14 (Coercion
of a State or another international organization)
and 15 (Effects of teh preceding articles), and
16 (Decisions, recommendations and authorizations
addressed to member States and international organizations),
and adopted commentaries on those articles.
- Discussion in Plenary: 2839th (F), 2840th
(F), 2841st (F), 2842nd (F), 2843rd (F), 2844th
(F) (17 to 25 May 2005), 2848th (F) (3 June 2005),
2862nd (F) and 2863rd (F) (2 and 3 August 2005)
mtgs
|
-
ILC Report, A/60/10,
2005, chp. VI, paras.192-206 |
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 Commission had before it the fourth report of
the Special Rapporteur, containing proposals for
draft articles 17 to 29, as well as written comments
received from international organizations and from
governments. The Commission referred the proposed
draft articles to the Drafting Committee and subsequently
considered and adopted the report of the Drafting
Committee on
draft articles 17 (Consent), 18 (Self-defence),
19 (Countermeasures), 20 (Force majeure),
21 (Distress), 22 (Necessity), 23 (Compliance with
peremptory norms), 24 (Consequences of invoking
a circumstance precluding wrongfulness) and draft
articles 25 (Aid or assistance by a State in the
commission of an internationally wrongful act by
an international organization), 26 (Direction and
control exercised by a State over the commission
of an internationally wrongful act by an international
organization), 27 (Coercion of an international
organization by a State), 28 (International responsibility
in case of provision of competence to an international
organization), 29 (Responsibility of a State member
of an international organization for the internationally
wrongful act of that organization) and 30 (Effect
of this chapter), with commentaries thereto.
- Discussion in Plenary: 2876th
(F), 2877th (F), 2878th, 2879th (F) and 2891st (F),
2892nd (F), 2893rd (F), 2894th (F) and 2895th mtgs,
held from 16 to 19 May and from 11 to 14 and 18
July 2006, respectively, and 2884th (F) mtg on 8
June 2006 and 2902nd (F) mtg, held on 28 July 2006,
and 2910th (F) meeting, held on 8 August 2006.
|
-
ILC Report, A/61/10,
2006, chp. VI, paras. 77-91 |
6.
Report of the International Law Commission on the
work of its fifty-ninth
session, 7 May to 5 June and 9 July to 10 August 2007
-
The Commission had before it the fifth report of
the Special Rapporteur (A/CN.4/583), as well as
written comments received from international
organizations.
- At its 2935th meeting, on 12 July 2007, the Commission
referred draft articles 31 to 44 to the Drafting
Committee. At the same meeting, a supplementary
draft article was proposed by a member of the Commission.
The Special Rapporteur proposed a different supplementary
article on the same issue. At the 2938th meeting,
on 18 July 2007, the Commission referred the draft
article proposed by the Special Rapporteur to the
Drafting Committee.
- Discussion in Plenary: 2932nd (F), 2933rd
(F), 2934th (F), 2935th (F), and 2938th meetings
from 9 to 12 July 2007 and 18 July 2007.
|
-
ILC Report, A/62/10,
2007, chp. VIII, paras. 325-344 |
7.
Report of the International Law Commission on the
work of its Sixtieth
session, 5 May to 6 June and 7 July to 8 August 2008
-
The Commission had before it the sixth report
of the Special Rapporteur (A/CN.4/597), as well
as written comments received from international
organizations.
- At the 2964th meeting, on 16 May 2008, the Commission
established a Working Group under the chairmanship
of Mr. Enrique Candioti for the purpose of considering
the issue of countermeasures as well as the advisability
of including
in the draft articles a provision relating to
admissibility of claims.
- At its 2978th meeting, on 15 July 2008, the
Commission received the oral report of the Working
Group, which was delivered by the Chairman of
the Working Group. The Commission referred draft
articles 52 to 57, paragraph 1, to the Drafting
Committee, together with the recommendations of
the Working Group.
- The Commission considered and adopted the report
of the Drafting Committee on draft articles 46
to 53 at its 2971st meeting, on 4 June 2008. At
its 2989th meeting on 4 August 2008, the Commission
adopted the title of Chapter I of Part Three of
the draft articles. At its 2993rd meeting, on
6 August 2008, the Commission adopted the commentaries
to the said draft articles
- At its 2989th meeting, on 4 August 2008, the
Commission received the report of the Drafting
Committee and took note of draft articles 54 to
60 on countermeasures, as provisionally adopted
by the Drafting Committee.
- Discussion in Plenary: 2960th (F), 2961st
(F), 2962nd (F), 2963rd (F), 2964th (F) mtgs,
from 9 to 16 May 2008, 2968th (F) mtg, on 29 May
2008, 2971st (F), on 4 June 2008, 2978th (F) mtg,
on 15 July 2008, 2989th (F) mtg, on 4 August 2008,
2993rd (F) mtg, on 6 August 2008.
|
-
ILC Report, A/63/10,
2008, chp. VII, paras. 125-165 |
8.
Report of the International Law Commission on the
work of its Sixty-first
session, 4 May to 5 June and 6 July to 7 August 2009
-
The Commission had before it the seventh report
of the Special Rapporteur (A/CN.4/610), as well
as written comments received from international
organizations. The seventh report addressed certain
outstanding issues such as the general provisions
of the draft articles and the place of the chapter
concerning the responsibility of a State in connection
with the act of an international organization.
The seventh report also contained a review of
comments made by States and international organizations
on the draft articles provisionally adopted by
the Commission and, as necessary, proposed certain
amendments thereto.
- The Commission considered the seventh report
of the Special Rapporteur at its 2998th to 3002nd,
and 3006th to 3009th meetings from 4 to 8 May,
and from 15 to 22 May 2009. At its 3009th meeting,
on 22 May 2009, the Commission referred draft
articles 2, 4 (2), 8, 15 (2) (b), 15 bis, 18,
19, 28 (1), 55, 61, 62, 63 and 64 to the Drafting
Committee.
- The Commission considered and adopted the report
of the Drafting Committee on draft articles 2,
4, 8, 15, 15 bis, 18, 19 and 55 at its 3014th
meeting, on 5 June 2009. At the same meeting,
it also adopted draft articles 54, and 56 to 60,
which had been taken note of at the sixtieth session.23
At its 3015th meeting, on 6 July 2009, the Commission
considered and adopted the report of the Drafting
Committee on draft articles 3, 3 bis, 28, paragraph
1, 61, 62, 63 and 64. It thus adopted a set of
66 draft articles on the responsibility of international
organizations on first reading. At its 3030th
to 3032nd meetings, on 3, 4 and 5 August 2009,
the Commission adopted the commentaries to the
draft articles on the responsibility of international
organizations as adopted on first reading.
- At the 3030th meeting, on 3 August 2009, the
Commission decided, in accordance with articles
16 to 21 of its Statute to transmit the draft
articles, through the Secretary-General, to Governments
and international organizations for comments and
observations, with the request that such comments
and observations be submitted to the Secretary-General
by 1 January 2011.
- Discussion in Plenary: 2998th (F), 2999th
(F), 3000th (F), 3001st (F), 3002nd (F), and 3006th
(F), 3007th (F), 3008th (F), 3009th (F) meetings
from 4 to 8 May, and from 15 to 22 May 2009, and
3030th (F), 3031st (F) and 3032nd (F) mtgs on
3, 4 and 5 August 2009.
|
-
ILC Report, A/64/10,
2009, chp. IV, paras. 31-51 |
| I.
General Assembly Action |
|
Res.55/152
of 12 December 2000 (E,
F,
S,
R,
C,
A)
-
Took note of the Commission’s report concerning its long-term programme
of work.
|
|
Res.56/82 of 12 December 2001 (E,
F,
S,
R,
C,
A)
-
Requested the Commission to begin its work on the topic "Responsibility
of itnernational organizations".
|
|
Res.57/21
of 19 November 2002 (E,
F,
S,
R,
C,
A)
-
Took note of the decision of the Commission to include the topic in
its programme of work.
|
|
Res.58/77
of 9 December 2003 (E,
F,
S,
R,
C,
A)
-
Requested the Secretary-General to invite States
and international organizations to submit information
concerning their practice relevant to the topic
Responsibility of international organizations,
including cases in which States members of an international
organization may be regarded as responsible for
acts of the organization.
|
|
Res.
60/22 of 23 November 2005 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the
International Law Commission on the topic.
|
|
Res.
62/66 of 6 December 2007 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the
International Law Commission on the topic.
|
|
Res.
63/123 of 11 December 2008 (E,
F,
S,
R,
C,
A)
-
Drew the attention of Governments to the importance
for the International Law Commission of having their
views regarding practice with regard to the topic.
|
|
Res.
64/114 of 16 December 2009 (forthcoming)
-
Expressed its appreciation to the International
Law Commission for the completion, on first reading,
of the draft articles on the topic Responsibility
of international organizations".
- Drew the attention of Governments to the importance
for the International Law Commission of having their
comments and observations by 1 January 2011 on the
draft articles and commentaries on the topic Responsibility
of international organizations adopted on
first reading by the Commission at its sixty-first
session.
|
|
| J.
Final Outcome |
|
Work
in progress
|
|
|
|
|
|
|
|
|