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Under
article 20 of its Statute (English)
(French),
the Commission is required to prepare drafts in the form
of articles and to submit them to the General Assembly together
with a commentary containing an
adequate
presentation of precedents and other relevant data, including
treaties, judicial decisions and doctrine; as well as conclusions
defining the extent of agreement on each point in the practice
of States and in doctrine, and divergencies and disagreements
which exist, as well as arguments invoked in favour of one
or another solution.
Upon receiving comments from Governments on its draft articles,
the Commission prepares a final draft and explanatory report,
which it submits with its recommendations to the General
Assembly (article 22 of its Statute). The Commission may
recommend to the General Assembly: (a) to take no action,
the report having already been published; (b) to take note
of or adopt the report by resolution; (c) to recommend the
draft to Members with a view to the conclusion of a convention;
or (d) to convoke a conference to conclude a convention
(article 23, paragraph 1).
Since
its establishment, the International Law Commission has
prepared and submitted a number of final reports, in some
cases, together with draft texts, some of which (as indicated)
were adopted as international conventions or other instruments.
Select
the respective topic from the following list, 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, A/51/10).
Instruments concluded under the auspices of the United Nations
on the basis of prior drafts prepared by the Commission
are indicated in italics.
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| 1.
Sources of International Law |
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Topics
completed |
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1.1
Law of treaties |
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- Draft
articles on the Law of Treaties with commentaries, 1966
- Vienna
Convention on the Law of Treaties, 1969
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1.2
Treaties concluded between States and international
organizations or between two or more international organizations |
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- Draft
articles on the law of treaties between States and international
organizations or between international organizations with
commentaries, 1982
- Vienna
Convention on the Law of Treaties between States and International
Organizations or between International Organizations,
1986
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1.3
Most-favoured-nation clause |
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- Draft
Articles on Most-Favoured-Nation Clauses with commentaries,
1978
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1.4
Ways and means for making the evidence of
customary international law more readily available |
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- Report
submitted by the Commission, 1950
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1.5
Extended participation in general multilateral
treaties concluded under the auspices of the League of Nations |
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- Report
submitted by the Commission, 1963
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1.6
Reservations to multilateral conventions
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- Report
submitted by the Commission, 1951
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1.7
Review of the multilateral treaty-making
process |
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- Report
of the Working Group on review of the multilateral treaty-making
process, endorsed by the Commission and transmitted to
the Secretary-General for inclusion in his report, 1979
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1.9
Fragmentation of international law: difficulties
arising from the diversification and expansion of international
law |
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- Conclusions
of the work of the Study Group on the Fragmentation of
International Law: Difficulties arising from the Diversification
and Expansion of International Law, 2006
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Topics
under consideration |
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1.8
Reservations to treaties |
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1.10
Effects of armed conflicts on treaties
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| 2.
Subjects of International Law |
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Topics
discontinued |
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2.1
Fundamental rights and duties of States
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- Draft
Declaration on Rights and Duties of States with commentaries,
1949
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| 3.
Succession of States |
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Topics
commenced and sub-divided |
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3.1
Succession of States and Governments
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Topics
completed |
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3.2
Succession of States with respect to treaties
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- Draft
articles on Succession of States in respect of Treaties
with commentaries, 1974
- Vienna
Convention on Succession of States in respect of Treaties,
1978
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3.3
Succession of States in respect of matters
other than treaties |
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- Draft
articles on Succession of States in respect of State Property,
Archives and Debts with commentaries, 1981
- Vienna
Convention on Succession of States in respect of State
Property, Archives and Debts, 1983
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3.4
Succession of States with respect to nationality/Nationality
in relation to the succession of States
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- Draft
articles on nationality of natural persons in relation
to the succession of States with commentaries, 1999
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| 4.
State Jurisdiction/Immunity from Jurisdiction |
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Topics
completed |
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4.1
Jurisdictional immunities of States and
their property
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- Draft
Articles on Jurisdictional Immunities of States and Their
Property with commentaries, 1991
- General
Assembly resolution 59/38 of 2 December 2004
- United
Nations Convention on Jurisdictional Immunities of States
and their property, 2004
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Topics
under consideration |
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4.2
Immunity of State officials
from foreign criminal jurisdiction |
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| 5.
Law of International Organizations |
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Topics
completed |
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5.1
Representation of States in their relations
with international organizations
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- Draft
articles on the Representation of States in their Relations
with International Organizations with commentaries, 1971
- Vienna
Convention on the Representation of States in Their Relations
with International Organizations of a Universal Character,
1975
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Topics
discontinued |
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5.2
Status, privileges and immunities of international
organizations, their officials, experts, etc.
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| 6.
Position of the Individual in International Law |
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Topics
completed |
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6.1
Nationality including statelessness |
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- Draft
Convention on the Elimination of Future Statelessness,
1954
- Draft
Convention on the Reduction of Future Statelessness, 1954
- Report
on Present Statelessness, 1954
- Convention
on the Reduction of Statelessness, 1961
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Topics
not pursued further |
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6.2
Right of asylum |
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Topics
under consideration |
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6.3
Protection of persons in the event of disasters |
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See
too: |
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Expulsion
of aliens |
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| 7.
International Criminal Law |
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Topics
completed |
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7.1
Formulation of the Nürnberg Principles
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- Principles
of International Law Recognized in the Charter of the
Nürnberg Tribunal and in the Judgment of the Tribunal
with commentaries, 1950
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7.2
Question of international criminal jurisdiction
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7.3
Draft code of offences against the peace
and security of mankind (Part I) |
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- Draft
Code of Offences against the Peace and Security of Mankind
with commentaries, 1954
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7.4
Draft code of crimes against the peace and
security of mankind (Part II) - including the draft statute
for an international criminal court |
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- Draft
Statute for an International Criminal Court with commentaries,
1994
- Annex.
Crimes pursuant to treaties (see art.20, subpara.
(e)), 1994
- Appendix
I. Possible Clauses of a Treaty to Accompany the Draft
Statute, 1994
- Appendix
II. Relevant Treaty Provisions Mentioned in the Annex
(see art. 20, subpara. (e)), 1994
- Appendix
III. Outline of Possible Ways whereby a Permanent
International Criminal Court may Enter into Relationship
with the United Nations, 1994
- Draft
Code of Crimes against the Peace and Security of Mankind
with commentaries, 1996
- Rome
Statute of the International Criminal Court, 1998
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Topics
commenced and incorporated elsewhere |
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7.5
Question of defining aggression1
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Topics
under consideration |
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7.6
Obligation to extradite or prosecute (aut
dedere aut judicare) |
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See
too: |
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Immunity
of State officials from foreign criminal jurisdiction |
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| 8.
Law of International Spaces |
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Topics
completed |
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8.1
and 8.2 Law of the sea - régime
of the high seas & régime of the territorial
sea
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- Articles
concerning the Law of the Sea with commentaries, 1956
- Convention
on the Territorial Sea and the Contiguous Zone, 1958
- Convention
on the High Seas, 1958
- Convention
on Fishing and Conservation of the Living Resources of
the High Seas, 1958
- Convention
on the Continental Shelf, 1958
- Optional
Protocol of Signature concerning the Compulsory Settlement
of Disputes, 1958
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8.3
Law of the non-navigational uses of international
watercourses |
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- Draft
articles on the law of the non-navigational uses of international
watercourses with commentaries and resolution on transboundary
confined groundwater, 1994
- Resolution
on Confined Transboundary Groundwater, 1994
- Convention
on the Law of the Non-navigational Uses of International
Watercourses, 1997
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Topics
discontinued |
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8.4
Juridical régime of historic waters,
including historic bays
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Topics
under consideration |
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8.5
Shared natural resources |
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9.
Law of International Relations
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Topics
commenced and subdivided |
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9.
International liability for injurious consequences
arising out of acts not prohibited by international law
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Topics
completed |
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9.1
Diplomatic intercourse and immunities
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- Draft
Articles on Diplomatic Intercourse and Immunities with
commentaries, 1958
- Vienna
Convention on Diplomatic Relations, 1961
- Optional
Protocol concerning Acquisition of Nationality, 1961
- Optional
Protocol concerning the Compulsory Settlement of Disputes,
1961
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9.2
Consular intercourse and immunities |
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- Draft
Articles on Consular Relations with commentaries, 1961
- Vienna
Convention on Consular Relations, 1963
- Optional
Protocol concerning Acquisition of Nationality, 1963
- Optional
Protocol concerning the Compulsory Settlement of Disputes,
1963
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9.3
Special missions |
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- Draft
Articles on Special Missions with commentaries, 1967
- Convention
on Special Missions, 1969
- Optional
Protocol concerning the Compulsory Settlement of Disputes,
1969
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9.4
Question of the protection and inviolability
of diplomatic agents and other persons entitled to special
protection under international law |
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- Draft
articles on the prevention and punishment of crimes against
diplomatic agents and other internationally protected
persons with commentaries, 1972
- General
Assembly resolution 3166 (XXVIII) of 14 December 1973
- Convention
on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents, 1973
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9.5
Status of the diplomatic courier and the
diplomatic bag not accompanied by the diplomatic courier |
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- Draft
Articles on the Status of the Diplomatic Courier and the
Diplomatic Bag Not Accompanied by Diplomatic Courier with
commentaries, 1989
- Draft
Optional Protocol One on the Status of the Courier and
the Bag of Special Missions with commentaries, 1989
- Draft
Optional Protocol Two on the Status of the Courier and
the Bag of International Organizations of a Universal
Character with commentaries, 1989
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9.6
State responsibility |
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- Draft
Articles on Responsibility of States for Internationally
Wrongful Acts with commentaries, 2001
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9.7
International liability for injurious consequences
arising out of acts not prohibited by international law (prevention
of transboundary damage from hazardous activities) |
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- Draft
Articles on Prevention of Transboundary Harm from Hazardous
Activities with commentaries, 2001
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9.8
Diplomatic protection |
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- Draft
Articles on Diplomatic Protection, 2006
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9.9
Unilateral acts of States |
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- Guiding
Principles applicable to unilateral declarations of States
capable of creating legal obligations, 2006
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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) |
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- Draft
principles on the allocation of loss in the case of transboundary
harm arising out of hazardous activities, 2006
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Topics
under consideration |
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9.11
Responsibility of international organizations |
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9.12
Expulsion of aliens |
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| 10.
Settlement of Disputes |
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Topics
completed |
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10.1
Arbitral Procedure |
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- Model
Rules on Arbitral Procedure with a general commentary,
1958
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