International Law Commission International Law Commission

Last update: July 15, 2015

Analytical Guide to the Work of the International Law Commission

Status, privileges and immunities of international organizations, their officials, experts, etc.

See also: Summary | Texts and Instruments

Mandate

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

  • 37th session of the International Law Commission (1985)
    • The practice of the United Nations, the specialized agencies and the International Atomic Energy Agency concerning their status, privileges and immunities: supplementary study prepared by the Secretariat

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Preliminary report on the second part of the topic consisting of discussions on: background; evolution of the international law regarding the topic; recent developments in the field and general questions of a preliminary character.
    • Preliminary Report of the Special Rapporteur, Mr. Abdullah El-Erian (29th session of the ILC (1977))
  • Divided into five chapters: I — Basis of the report, II — Summary of the Commission's discussion at its twenty-ninth session, III — Summary of the Sixth Committee's discussion at the thirty-second General Assembly, IV — Examination of general questions in the light of the discussions of the Commission and the Sixth Committee, V — Conclusions.
    • Second Report of the Special Rapporteur, Mr. Abdullah El-Erian (30th session of the ILC (1978))
  • History of the work so far done by the Commission on the topic, major questions and decisions of the Commission on the topic.
    • Preliminary Report of Special Rapporteur, Mr. Leonardo Díaz-González (35th session of the ILC (1983))
  • Examination of question of the notion of an international organization and possible approaches to the scope of the future draft articles, and question of the legal personality of international organizations and the legal powers deriving therefrom. Proposed draft article with two alternatives.
    • Second Report of the Special Rapporteur, Mr. Leonardo Diaz Gonzalez (37th session of the ILC (1985))
  • Analysis of the debates held in Sixth Committee at its 40th session and in the Commission at its 37th session. Various considerations regarding the scope of the topic. Outline of the subject matter to be covered by draft articles.
    • Third Report of the Special Rapporteur, Mr. Leonardo Diaz Gonzalez (38th session of the ILC (1986))
  • Submitted draft articles 1–11, comprising parts I, II and III of the draft and dealing with general provisions, legal personality, and property, funds and assets.
    • Fourth Report of the Special Rapporteur, Mr. Leonardo Diaz Gonzalez (41st session of the ILC (1989))
  • Considered the question of archives of international organizations and submitted draft articles 12–17.
    • Fifth Report of the Special Rapporteur, Mr. Leonardo Diaz Gonzalez (42nd session of the ILC (1990))
  • Detailed study of the practice of and problems surrounding fiscal immunities and exemptions from Customs duties enjoyed by international organizations and submitted draft articled 18 to 22 pertaining thereto.
    • Sixth Report of the Special Rapporteur, Mr. Leonardo Diaz Gonzalez (43rd session of ILC (1991))

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 twenty-eighth session, 3 May– 23 July 1976
    • Requested the Special Rapporteur on the topic Relations between States and international organizations, Mr. Abdullah El-Erian, to prepare a preliminary report to enable the Commission to take the necessary decisions and to define its course of action on the second part of the topic.
  • Report of the International Law Commission on the work of its twenty-ninth session, 9 May– 29 July 1977
    • Considered preliminary report by the Special Rapporteur; decided to authorize him to continue with his study.
    • Discussion in Plenary: 1470th meeting (27 July 1977)
  • Report of the International Law Commission on the work of its thirtieth session, 8 May to 28 July 1978
    • The Commission approved the conclusions and recommendations set out in the second report of the Special Rapporteur.
    • Discussion in Plenary: 1522nd, 1523rd and 1524th meetings (20 to 24 July 1978)
  • Report of the International Law Commission on the work of its thirty-first session, 14 May to 3 August 1979
    • The Commission was unable to consider the topic during the session. It did, however, appoint Mr. Leonardo Díaz-Gonzalez as Special Rapporteur for the topic.
  • Report of the International Law Commission on the work of its thirty-second session, 5 May to 25 July 1980
    • The Commission was unable to consider the topic during the session.
  • Report of the International Law Commission on the work of its thirty-third session, 4 May to 24 July 1981
    • The Special Rapporteur continued his study of the question and recieved certain materials from the Secretariat relevant to the topic. To assist him in his further work, the Special Rapporteur requested the Secretariat to continue its research and studies in the field.
  • Report of the International Law Commission on the work of its thirty-fourth session, 3 May to 23 July 1982
    • The Commission was unable to consider the topic during the session.
  • Report of the International Law Commission on the work of its thirty-fifth session, 3 May to 22 July 1983
    • Decided that the Commission should take up the study of the second part of the topic "Relations between States and international organizations"
    • Discussion in Plenary: 1796th, 1797th, 1798th and 1799th meetings (4 to 7 July 1983)
  • Report of the International Law Commission on the work of its thirty-sixth session, 7 May to 27 July 1984
    • The Commission was unable to consider the topic during the session.
  • Report of the International Law Commission on the work of its thirty-seventh session, 6 May to 26 July 1985
    • Resumed discussion on the draft article submitted by the Special Rapporteur.
    • Discussion in Plenary: 1925th, 1926th and 1927th and 1929th meetings (15 to 18 July 1985)
  • Report of the International Law Commission on the work of its thirty-eighth session, 5 May to 11 July 1986
    • The Commission was unable to consider the topic during the session, due to lack of time.
  • Report of the International Law Commission on the work of its thirty-ninth session, 4 May to 17 July 1987
    • Exchange of views on scope of future draft, relevance of the outline and methodology to be followed. Requested the Special Rapporteur to continue study of topic in accordance with guidelines in his Third Report.
    • Discussion in Plenary: 2023rd, 2024th, 2025th, 2026th and 2027th meetings (30 June to 7 July 1987) and 2029th meeting (8 July 1987)
  • Report of the International Law Commission on the work of its fortieth session, 9 May to 29 July 1988
    • Unable to consider the topic at the session, but did take note of the Special Rapporteur's intention to submit a report at the next session.
  • Report of the International Law Commission on the work of its forty-first session, 2 May to 21 July 1989
    • Unable to consider the report of the Special Rapporteur but allowed him to introduce it.
    • Discussion in Plenary: 2133rd meeting (7 July 1989)
  • Report of the International Law Commission on the work of its forty-second session, 1 May to 20 July 1990
    • Considered the Fourth Report of the Special Rapporteur, and referred draft articles 1 to 11 to the Drafting Committee. Fifth Report of the Special Rapporteur could not be introduced due to lack of time.
    • Discussion in Plenary: 2176th, 2177th, 2178th, 2179th and 2180th meetings (19 to 26 June 1990)
  • Report of the International Law Commission on the work of its forty-third session, 29 April to 19 July 1991
    • Referred draft articles 12 to 22 to the Drafting Committee.
    • Discussion in Plenary: 2232nd, 2233rd, 2234th, 2235th and 2236th meetings (28 June to 5 July 1991)
  • Report of the International Law Commission on the work of its forty-fourth session, 4 May to 24 July 1992
    • Given the slow ratification of the 1975 Convention on the Representation of States in their Relations with International Organizations of a Universal Character (based on the first part of the topic considered by the Commission), the Commission decided to accept the recommendation of the Planning Group that the topic should not be pursued further for the time being, unless the Assembly decides otherwise.

General Assembly Action

  • Resolution 32/151 of 19 December 1977
    • Endorsed the conclusions reached by the Commission regarding the second part of the topic of relations between States and international organizations.
 
  • Resolution 33/139 of 19 December 1978
    • The Assembly took note of the preliminary work undertaken by the Commission.
 
  • Resolution 36/114 of 10 December 1981
    • Recommended that the Commission continue its study of the second part of the topic of relations between States and international organizations.
 

Final Outcome

International Law Commission (44th session, 1992)

  • The Commission decided not to pursue consideration of the topic further during the present term of office of its members, unless the General Assembly should decide otherwise.

General Assembly

  • Resolution 47/33 of 25 November 1992
    • Endorsed the decision of the ILC not to pursue further, during the present term of office of its members, the consideration of the second part of the topic.