International Law Commission International Law Commission

Last update: September 24, 2018

Analytical Guide to the Work of the International Law Commission

Succession of States in respect of State responsibility

See also: 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

None

Reports of the Special Rapporteur

  • Overview of previous work of the Commission. Discussion whether there exists a general principle guiding succession in respect of State responsibility? Review of different cases of succession. Consideration of whether any rules in the two Vienna Conventions on succession apply? Discussion of nature of the rules to be codified and the relevance of agreements and unilateral declarations, and overview of future programme of work.
    • First Report of the Special Rapporteur, Mr. Pavel Šturma (69th session of the ILC (2017))
  • Outline of general approach (methodology) to the topic. Discussion of the legality of succession. Review of general rules on succession of States in respect of State responsibility, particularly in relation to attribution and in relation to the difference between continuing and completed breaches. Discussion of cases of succession where the predecessor State continues to exist and cases of succession where the predecessor State does not exist. Overview of future programme of work.
    • Second Report of the Special Rapporteur, Mr. Pavel Šturma (70th session of the ILC (2018))

Reports of the Drafting Committee

 
 

Comments by Governments

None

Other

None

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its sixty-ninth session, 1 May–2 June and 3 July–4 August 2017
    • The Commission had before it the first report of the Special Rapporteur (A/CN.4/708).
    • The Commission considered the first report at its 3374th to 3381st meetings, from 13 to 25 July 2017, respectively.
    • At its 3381st meeting, on 25 July 2017, the Commission decided to refer draft articles 1 to 4, as contained in the Special Rapporteur’s first report, to the Drafting Committee, taking into account the views expressed in the plenary debate and on the understanding that draft articles 3 and 4 would be left pending in the Drafting Committee.
    • At its 3383rd meeting, on 31 July 2017, the Chairman of the Drafting Committee presented an interim oral report on draft articles 1 and 2, provisionally adopted by the Drafting Committee. The report was presented for information only and was made available on the website of the Commission.
    • Discussion in Plenary: 3374th, 3375th, 3376th, 3377th, 3378th, 3379th, 3380th, 3381st (13 to 25 July 2017), 3383rd (31 July 2017) meetings.
  • ILC Report, A/72/10, 2017, chap. IX, paras. 211–252
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/713)
  • Report of the International Law Commission on the work of its seventieth session, 30 April–1 June and 2 July–10 August 2018
    • The Commission had before it the second report of the Special Rapporteur (A/CN.4/719), which was considered at its 3431st to 3435th meetings, from 17 to 24 July 2018.
    • At its 3435th meeting, on 24 July 2018, the Commission decided to refer draft articles 5 to 11, as contained in the Special Rapporteur’s second report, to the Drafting Committee, taking into account the views expressed in the plenary debate.
    • At its 3443rd meeting, on 3 August 2018, the Chair of the Drafting Committee presented an interim oral report on draft article 1, paragraph 2, and draft articles 5 and 6, provisionally adopted by the Drafting Committee. The report was presented for information only.
    • At its 3451st meeting, on 9 August 2018, the Commission decided to request from the Secretariat a memorandum providing information on treaties registered pursuant to Article 102 of the Charter of the United Nations which may be of relevance to its future work on the topic.
  • Discussion in Plenary: 3431st, 3432nd, 3433rd, 3434th, 3435th (17 to 24 July 2018), 3443rd (3 August 2018), and 3451st (9 August 2018) meetings.
  • ILC Report, A/73/10, 2018, chap. X, paras. 219–266

General Assembly Action

  • Resolution 72/116 of 7 December 2017
    • 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

Final Outcome

Work in progress