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Analytical Guide to the Work of the International Law Commission
last update: 2 October 2006

The Analytical Guide to the Work of the International Law Commission is designed to assist the researcher interested in the work of the Commission. Initially published in print as the Analytical Guide to the Work of the International Law Commission, 1949 to 1997, the Guide is organized by topics, subdivided into categories and stages of consideration within the Commission; thus tracking the development of each topic on its programme of work from inception to conclusion.

A brief description of the Commission's work is provided, together with hyperlinked references to source material including the Yearbook of the International Law Commission, the Report of the International Law Commission, and the reports of the various Special Rapporteurs. Links are further provided to the respective summary of the consideration of individual topics and subtopics, as well as to information on the texts, instruments and final reports adopted by the Commission in connection with each topic.

Select a topic from the following list, which is organized according to the outline adopted in the Report on the Long-Term Programme of Work in 1996 (reproduced in Annex II of the Report of the International Law Commission of that year, document A/51/10).
1. Sources of International Law
  Topics completed
    1.1 Law of treaties
    1.2 Treaties concluded between States and international organizations or between two or more international organizations
    1.3 Most-favoured-nation clause
    1.4 Ways and means for making the evidence of customary international law more readily available
    1.5 Extended participation in general multilateral treaties concluded under the auspices of the League of Nations
    1.6 Reservations to multilateral conventions
    1.7 Review of the multilateral treaty-making process
    1.9 Fragmentation of international law: difficulties arising from the diversification and expansion of international law
  Topics under consideration
    1.8 Reservations to treaties
    1.10 Effects of armed conflicts on treaties
     

2. Subjects of International Law
  Topics discontinued
    2.1 Fundamental rights and duties of States
     

3. Succession of States
  Topics commenced and sub-divided
    3.1 Succession of States and Governments1
  Topics completed
   

3.2 Succession of States with respect to treaties
   

3.3 Succession of States in respect of matters other than treaties
    3.4 Succession of States with respect to nationality/Nationality in relation to the succession of States
     
4. State Jurisdiction/Immunity from Jurisdiction
  Topics completed
   

4.1 Jurisdictional immunities of States and their property
  Topics under consideration
    4.2 Immunity of State officials from foreign criminal jurisdiction
     
5. Law of International Organizations
  Topics completed
    5.1 Representation of States in their relations with international organizations
  Topics discontinued
    5.2 Status, privileges and immunities of international organizations, their officials, experts, etc.
     
6. Position of the Individual in International Law
  Topics completed
    6.1 Nationality including statelessness
  Topics not pursued further
    6.2 Right of asylum
  Topics under consideration
    6.3 Protection of persons in the event of disasters
  See too:
    Expulsion of aliens
     
7. International Criminal Law
  Topics completed
    7.1 Formulation of the Nürnberg Principles
    7.2 Question of international criminal jurisdiction
    7.3 Draft code of offences against the peace and security of mankind (Part I)
    7.4 Draft code of crimes against the peace and security of mankind (Part II) - including the draft statute for an international criminal court
  Topics commenced and incorporated elsewhere
    7.5 Question of defining aggression2
  Topics under consideration
    7.6 Obligation to extradite or prosecute (aut dedere aut judicare)
  See too:
    Immunity of State officials from foreign criminal jurisdiction
     
8. Law of International Spaces
  Topics completed
    8.1 Law of the sea - régime of the high seas
    8.2 Law of the sea - régime of the territorial sea
    8.3 Law of the non-navigational uses of international watercourses
  Topics discontinued
   

8.4 Juridical régime of historic waters, including historic bays
  Topics under consideration
    8.5 Shared natural resources
     
9. Law of International Relations
  Topics commenced and sub-divided
    9. International liability for injurious consequences arising out of acts not prohibited by international law 3
  Topics completed
   

9.1 Diplomatic intercourse and immunities
   

9.2 Consular intercourse and immunities
   

9.3 Special missions
   

9.4 Question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law
   

9.5 Status of the diplomatic courier and the diplomatic bag not accompanied by the diplomatic courier
   

9.6 State responsibility
    9.7 International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities)
    9.8 Diplomatic protection
    9.9 Unilateral acts of States
    9.10 International liability for injurious consequences arising out of acts not prohibited by international law (international liability in case of loss from transboundary harm arising out of hazardous activities)
   Topics under consideration
    9.11 Responsibility of international organizations
    9.12 Expulsion of aliens
     
10. Settlement of Disputes
  Topics completed
   

10.1 Arbitral Procedure
     
11. Long-term Programme of Work
    11.1 Future Topics
     

(return) 1.Sub-divided into succession of States with respect to treaties, and succession of States in respect of matters other than treaties.

(return) 2. Incorporated into the topic "draft code of offences against the peace and security of mankind (Part I)".
(return) 3. Sub-divided into prevention of transboundary damage from hazardous activities and international liability in case of loss from transboundary harm arising out of hazardous activities.

 

 

 

 

 

 

 

 

 

 

 

 

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