International Law Commission International Law Commission

Last update: January 2, 2018

Analytical Guide to the Work of the International Law Commission

Most-favoured-nation clause (Part Two)

See also: Part One | Summary | Texts and Instruments

Mandate

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

None

Reports of the Working Group or Sub-Committee

  • 59th session of the International Law Commission (2007)
    • Report of the Study Group
  • 65th session of the International Law Commission (2013)
    • Report of the Study Group
  • 67th session of the International Law Commission (2015)
    • Final Report of the Study Group

Reports of the Special Rapporteur

None

Reports of the Drafting Committee

None

Comments by Governments

None

Other

None

Reports of the International Law Commission

  • 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 Working Group on the Long-term Programme of Work recommended the inclusion of the topic in the long-term programme of work on the basis of the report of the 2007 Working Group chaired by Mr. D.M. McRae (A/CN.4/L.719).
    • The inclusion of the topics in the programme of work of the Commission was proposed and the establishment, at the sixty-first session of the Commission, of a study group on the topic was recommended.
    • The Commission endorsed the recommendation for the inclusion of the topic on the long-term programme of work.
  • ILC Report, A/63/10, 2008, chap. XII(A)(4), paras. 351–352
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 and Add.1)
  • 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
    • At its 3012th meeting, on 29 May 2009, the Commission established a Study Group on The Most-Favoured-Nation clause, co-chaired by Mr. Donald M. McRae and Mr. A. Rohan Perera. At its 3029th meeting, on 31 July 2009, the Commission took note of the oral report of the Co-Chairmen of the Study Group on The Most-Favoured-Nation clause.
    • Discussion in Plenary: 3029th meeting, on 31 July 2009.
  • ILC Report, A/64/10, 2009, chap. XI, paras. 208–216
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 and Add.1)
  • Report of the International Law Commission on the work of its sixty-second session, 3 May to 4 June and 5 July to 6 August 2010
    • The Commission reconstituted the Study Group on The Most-Favoured-Nation clause, co-chaired by Mr. Donald M. McRae and Mr. A. Rohan Perera. At its 3071st meeting, on 30 July 2010, the Commission took note of the oral report of the Co Chairmen of the Study Group.
    • Discussion in Plenary: 3071st meeting, on 30 July 2010.
  • ILC Report, A/65/10, 2010, chap. XI, paras. 355–373
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638)
  • Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011
    • The Commission reconstituted the Study Group on The Most-Favoured-Nation clause, co-chaired by Mr. Donald M. McRae and Mr. A. Rohan Perera. At its 3119th meeting, on 8 August 2011, the Commission took note of the oral report of the Co-Chairmen of the Study Group
    • Discussion in Plenary: 3119th meeting, on 8 August 2011.
  • ILC Report, A/66/10, 2011, chap. XII, paras. 345–362
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
  • Report of the International Law Commission on the work of its sixty-fourth session, 7 May to 1 June and 2 July to 3 August 2012
    • At the present session, the Commission reconstituted the Study Group on The Most-Favoured-Nation clause, under the chairmanship of Mr. Donald M. McRae. At the first meeting of the Study Group, tribute was paid to the former Co-chair of the Study Group, Mr. A. Rohan Perera.
    • At its 3151st meeting, on 27 July 2012, the Commission took note of the oral report of the Chairman of the Study Group.
    • Discussion in Plenary: 3151st (27 July 2012)
  • ILC Report, A/67/10, 2012, chap. XI, paras. 241–265
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/657)
  • Report of the International Law Commission on the work of its sixty-fifth session, 6 May to 7 June and 8 July to 9 August 2013
    • The Commission reconstituted the Study Group on The Most-Favoured-Nation clause, under the chairmanship of Mr. Donald M. McRae. In his absence, Mr. Mathias Forteau served as Chairman. The Study Group held four meetings on 23 May, and on 10, 15 and 30 July 2013.
    • At its 3189th meeting, on 31 July 2013, the Commission took note of the report of the Study Group.
    • Discussion in Plenary: 3189th, 31 July 2013.
  • ILC Report, A/68/10, 2013, chap. XI, paras. 150–164
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666)
  • Report of the International Law Commission on the work of its sixty-sixth session 5 May–6 June and 7 July–8 August 2014
    • The Commission, at its 3218th meeting on 8 July 2014, reconstituted the Study Group on The Most-Favoured-Nation clause, under the chairmanship of Mr. Donald M. McRae. In his absence, Mr. Mathias Forteau served as chairman. The Study Group held three meetings on 9, 10 and 18 July 2014. At its 3231st meeting, on 25 July 2014, the Commission took note of the oral report on the work of the Study Group.
    • Discussion in Plenary: 3231st meeting (25 July 2014), and 3242nd meeting (8 August 2014).
  • ILC Report, A/69/10, 2014, chap. XIII, paras. 249–262
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/678)
  • Report of the International Law Commission on the work of its sixty-seventh session 4 May–5 June and 7 July–7 August 2015
    • The Commission, at its 3249th meeting on 12 May 2015, reconstituted the Study Group on The Most-Favoured-Nation clause, under the chairmanship of Mr. Donald M. McRae. The Study Group held two meetings on 12 May and 16 July 2015.
    • The Commission received and considered the final report of the Study Group at its 3264th and 3277th meetings on 6 and 23 July 2015, respectively.
    • At its 3277th meeting, on 23 July 2015, the Commission welcomed with appreciation the final report on the work of the Study Group, and adopted five summary conclusions (para. 42). The Commission commended the final report to the attention of the General Assembly, and encouraged its widest possible dissemination.
    • Discussion in Plenary: 3249th meeting (12 May 2015), and 3264th and 3267th meetings (6 and 23 July 2015).
  • ILC Report, A/70/10, 2015, chap. IV, paras. 32–44
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/689)

General Assembly Action

  • Resolution 63/123 of 11 December 2008
    • Took note of the decision of the International Law Commission to include the topic in its programme of work
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 and Add.1)

Final Outcome

International Law Commission (67th session, 2015)

 

General Assembly

  • Resolution 70/236 of 23 December 2015
    • Took note of the final report on the topic “The Most-Favoured-Nation clause” contained in the annex to the report of the International Law Commission, and encouraged its widest possible dissemination.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/689)