International Law Commission International Law Commission

Last update: December 4, 2017

Analytical Guide to the Work of the International Law Commission

Representation of States in their relations with international organizations

See also: Summary | Texts and Instruments

Mandate

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

  • 19th session of the International Law Commission (1967)
    • The practice of the United Nations, the specialized agencies and the International Atomic Energy Agency concerning their status, privileges and immunities: study prepared by the Secretariat
  • 20th session of the International Law Commission (1968)
    • Precedence of representatives to the United Nations: note by the Secretary-General
  • 23rd session of the International Law Commission (1971)
    • Observations and suggestions concerning the text of the draft articles on representatives of States to international organizations — Working paper submitted by the Secretariat
  • Draft articles on representatives of States to international organizations — Differences in form between part II and part IV of the draft: note by the Secretariat

Reports of the Working Group or Sub-Committee

  • 23rd session of the International Law Commission (1971)
    • Reports of the Working Group on Relations between States and International Organizations
  • Working Group on relations between States and international organizations — Consolidated draft articles: Text submitted by the Working Group on second reading: paragraph 2 of article 1
  • Working Group on relations between States and international organizations — Consolidated draft articles: Text submitted by the Working Group on second reading: Articles 2, 4 and 11
  • Working Group on relations between States and international organizations — Consolidated draft articles: Text submitted by the Working Group on second reading: Article 38 bis (formerly article 75)
  • Working Group on relations between States and international organizations — Consolidated draft articles: Text submitted by the Working Group on second reading: Articles 81 and 82

Reports of the Special Rapporteur

  • Preliminary study on the scope of and approach to the topic.
    • First Report of the Special Rapporteur, Mr. Abdullah El-Erian (15th session of the ILC (1963))
  • Discussion of general problems relating to the diplomatic law of international organizations, as well as the evolution of the institution of permanent missions to international organizations (includes three draft articles relating to general provisions).
    • Second Report of the Special Rapporteur, Mr. Abdullah El-Erian (19th session of the ILC (1967))
  • Draft articles on the legal position of representatives of States to international organizations.
    • Third Report of the Special Rapporteur, Mr. Abdullah El-Erian (20th session of the ILC (1968))
  • Revised draft articles with commentaries on the following topics: facilities, privileges and immunities of permanent missions to international organizations; conduct of the permanent mission and its members; and end of the functions of the Permanent representative.
    • Fourth Report of the Special Rapporteur, Mr. Abdullah El-Erian (21st session of the ILC (1969))
  • Draft articles on permanent observers of non-member States to international organizations (part III) and delegations to organs of international organizations and to conferences convened by international organizations (part IV).
    • Fifth Report of the Special Rapporteur, Mr. Abdullah El-Erian (22nd session of the ILC (1970))
  • Summary of written comments of Governments and the secretariats of UN specialized agencies, etc. Includes proposals for the revision of the articles.
    • Sixth Report of the Special Rapporteur, Mr. Abdullah El-Erian (23rd session of the ILC (1971))

Reports of the Drafting Committee

  • 20th session of the International Law Commission (1968)
    • Texts adopted by the Drafting Committee: arts.1, 2, 4, 4 bis, 5–9, 9 bis, 10–20
  • Text of articles 2, 4 bis and 4 ter adopted by the Drafting Committee on second reading
  • 21st session of the International Law Commission (1969)
    • Texts of articles 22 to 49 and of a new article
  • 22nd session of the International Law Commission (1970)
    • Draft articles on representatives of States to international organizations (parts III and IV): text of articles 0 and 51 to 83 adopted by the Drafting Committee
  • Draft articles on representatives of States to international organizations (parts III and IV): text of article 57 bis adopted by the Drafting Committee on third reading
  • 23rd session of the International Law Commission (1971)
    • Texts adopted by the Drafting Committee: Articles 6–27, 27 bis, 28–33, 35–44 and 46–49
  • Text adopted by the Drafting Committee: Article 45
  • Texts adopted by the Drafting Committee: Articles 52–57, 57 bis, 58–62, 62 bis, 63 and 64
  • Texts adopted by the Drafting Committee: Articles 49 bis and 77 bis
  • Texts adopted by the Drafting Committee: Articles 65, 66, 66 bis, 67, 67 bis and 68–77
  • Texts adopted by the Drafting Committee: Articles 81–86
  • Texts adopted by the Drafting Committee: Articles 87 and 89–101
  • Texts adopted by the Drafting Committee: Articles 102–108, 110–116 and 116 bis
  • Text of article 12 adopted on second reading by the Drafting Committee
  • Texts of articles 25, 32 and 52 adopted on second reading by the Drafting Committee and recommendation concerning article 6
  • Articles 49 bis and 77 bis adopted on second reading by the Drafting Committee
  • Text of article 81 adopted on second reading by the Drafting Committee and recommendation concerning article 83
  • Report of the Drafting Committee on article 34

Comments by Governments

  • 22nd session of the International Law Commission (1970)
    • Observations of Member States on the provisional draft of twenty-one articles on representatives of States to international organizations, adopted by the Commission at its twentieth session
  • 23rd session of the International Law Commission (1971)
    • Observations of Member States, Switzerland and the secretariats of the United Nations, the specialized agencies and the International Atomic Energy Agency on the draft articles on representatives of States to international organizations, adopted by the International Law Commission at its twentieth, twenty-first and twenty-second sessions

Other

  • 15th session of the International Law Commission (1963)
    • Scope and order of future work on the subject of relations between States and inter-governmental organizations: Working paper by Mr. Abdullah El-Erian, Special Rapporteur
  • 16th session of the International Law Commission (1964)
    • Working paper prepared by Mr. Abdullah El-Erian, Special Rapporteur
  • 21st session of the International Law Commission (1969)
    • Working paper prepared by Mr. Abdullah El-Erian, Special Rapporteur
  • Draft articles on representatives of States to international organizations: Mr. R. Kearney: amendment to article 44
  • Draft articles on representatives of States to international organizations: Mr. R. Kearney: amendment to article 44
  • Draft articles on representatives of States to international organizations: Mr. A.J. Tammes: amendment to article 49
  • Draft articles on representatives of States to international organizations: Mr. R. Kearney: amendment to the new article submitted by the Drafting Committee in document A/CN.4/L.139/Add.9 and Corr.1
  • Draft articles on representatives of States to international organizations: text of articles 47 and 48 as adopted provisionally by the International Law Commission at its 1032nd and 1034th meetings respectively
  • 22nd session of the International Law Commission (1970)
    • Working paper prepared by Mr. Abdullah El-Erian, Special Rapporteur
  • 23rd session of the International Law Commission (1971)
    • Working paper prepared by Mr. Abdullah El-Erian, Special Rapporteur
  • Amendments proposed by Mr. Kearney to articles 50, 50 bis, and 50 ter
  • Working paper prepared by Mr. Abdullah El-Erian, Special Rapporteur: Question of the inclusion in article 50 of a provision on the settlement of disputes
  • Working paper prepared by Mr. Abdullah El-Erian, Special Rapporteur: Draft articles on observer delegations of States to organs and to conferences
  • Amendment proposed by Mr. Kearney to alternative A of article 100 as submitted by the Drafting Committee (A/CN.4/L.168/Add.6)
  • Draft articles on the representation of States in their relations with international organizations, with annex
  • A/CN.4/L.181 and Add.1 (mimeograph)

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its eleventh session, 20 April to 26 June 1959
    • The Commission took note of the General Assembly resolution 1289(XIII) of 5 December 1958 placing the topic on the agenda of the Commission. It resolved that in due course consideration would be given to the matter.
  • Report of the International Law Commission on the work of its fourteenth session, 24 April to 29 June 1962
    • The Commission appointed Mr. El-Erian Special Rapporteur for the topic, and requested him to submit a report at its next session.
  • Report of the International Law Commission on the work of its fifteenth session, 6 May to 12 July 1963
    • The Commission held a general discussion of the Special Rapporteur's report and asked him to continue his work and prepare a second report containing a set of draft articles.
    • Discussion in Plenary: 717th and 718th meetings (9 and 10 July 1963)
  • Report of the International Law Commission on the work of its sixteenth session, 11 May to 24 July 1964
    • The Commission agreed that, while the topic had a broad scope, the question of diplomatic law in its application to relations between States and inter-governmental organizations should receive priority.
    • Discussion in Plenary: 755th, 756th and 757th meetings (30 June to 2 July 1964)
  • Report of the International Law Commission on the work of its nineteenth session, 6 May to 14 July 1967
    • The Commission was unable to discuss the Special Rapporteur's second report.

General Assembly Action

  • Resolution 2501 (XXIV) of 12 November 1969
    • Recommended that the Commission should continue its work on relations between States and international organizations, with the object of presenting in 1971 a final draft on the topic. It was also recommended that the Commission take into account the views expressed at the General Assembly session and the written comments submitted by Governments.
 
  • Resolution 2634 (XXV) of 12 November 1970
    • Recommended that the Commission should continue its work on relations between States and international organizations, with the object of presenting in 1971 a final draft on the topic.
 

Final Outcome

International Law Commission (23rd session, 1971)

General Assembly