International Law Commission International Law Commission

Last update: February 23, 2018

Analytical Guide to the Work of the International Law Commission

Shared natural resources (oil and gas)

See also: Law of transboundary aquifers | 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

  • Preliminary report laying out the background to the topic with a view to seeking guidance from the Commission on the course of the future study, and to provide a tentative timetable for the endeavour.
    • First report of the Special Rapporteur, Chusei Yamada (55th session of the ILC (2003))
  • Initial consideration of oil and natural gas, together with a discussion of the relationship between the work on groundwaters and that on oil and gas.
    • Fourth report of the Special Rapporteur, Chusei Yamada (59th session of the ILC (2007))
  • Relationship between the work on transboundary aquifers and that on oil and natural gas, final form of the draft articles and revised draft articles for the second reading
    • Fifth report of the Special Rapporteur, Chusei Yamada (60th session of the ILC (2008))

Reports of the Drafting Committee

None

Comments by Governments

  • 61st session of the International Law Commission (2009)
    • Comments and observations received from Governments
  • 62nd session of the International Law Commission (2010)
    • Comments and observations received from Governments

Other

  • 61st session of the International Law Commission (2009)
    • Paper on oil and gas, prepared by Mr. Chusei Yamada, Special Rapporteur on Shared Natural Resources
  • 62nd session of the International Law Commission (2010)
    • Feasibility of future work on oil and gas, prepared by Mr. Shinya Murase

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its fifty-fourth session, 29 April to 7 June and 22 July to 16 August 2002
    • Decided to include the topic in its programme of work and appointed Mr. Chusei Yamada as Special Rapporteur.
    • Discussion in Plenary: 2727th (30 May 2002)
  • Report of the International Law Commission on the work of its fifty-fifth session, 5 May to 6 June and 7 July to 8 August 2003
    • The Special Rapporteur proposed to cover confined transboundary groundwaters, oil and gas and to begin with confined transboundary groundwaters.
    • Discussion in plenary: 2778th and 2779th meetings (22 and 23 July 2003)
  • Report of the International Law Commission on the work of its fifty-sixth session, 3 May to 4 June and 5 July to 6 August 2004
    • The Commission had before it the second report of the Special Rapporteur. Various references to oil and gas made during the discussion in the plenary.
    • Discussion in plenary: 2797th, 2798th and 2799th meetings (12, 13 and 14 May 2004)
  • Report of the International Law Commission on the work of its fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
    • The Commission had before it the third report of the Special Rapporteur. arious references to oil and gas made during the discussion in the plenary.
    • Discussion in plenary: 2831st, 2832nd, 2833rd, 2834th, 2835th, 2836th (2 to 11 May 2005) and 2863rd (3 August 2005) meetings
  • ILC Report, A/60/10, 2005, chap. IV, paras. 30–107
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
  • Report of the International Law Commission on the work of its Fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
    • The Commission adopted on first reading draft articles on the law of transboundary aquifers consisting of 19 draft articles, with commentaries thereto. Several references to oil and gas were made in the commentaries.
  • ILC Report, A/61/10, 2006, chap. VI, paras. 68–76
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577, Add.1 and Add.2)
  • Report of the International Law Commission on the work of its fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
    • The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/580), which was introduced by the Special Rapporteur at the 2921st meeting, on 18 May 2007
    • The Commission considered the relationship between the work on groundwaters and that on oil and gas. The Secretariat was also requested to circulate to Governments the questionnaire seeking information on State practice regarding oil and gas.
    • Discussion in plenary: 2920th and 2921st meetings, held on 16 and 18 May 2007, 2930th, 2931st meetings, held on 4 and 5 June 2007, and 2947th meeting, held on 3 August 2007.
  • ILC Report, A/62/10, 2007, chap. V, paras. 155–183
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
  • ILC Report, A/63/10, 2008, chap. IV, paras. 34–54
  • 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
    • The Commission at its 3013th meeting, on 2 June 2009, the Commission decided to again establish a Working Group on Shared natural resources, chaired by Mr. Enrique Candioti. The Working Group had before it a working paper on oil and gas (A/CN.4/608), prepared by Mr. Chusei Yamada, Special Rapporteur on the topic, before he resigned from the Commission.
    • At its 3020th meeting, on 14 July 2009, the Commission took note of the oral report of the Chair of the Working Group on Shared natural resources and endorsed the recommendations of the Working Group.
    • Discussion in Plenary: 3020th meeting, on 14 July 2009.
  • ILC Report, A/64/10, 2009, chap. VIII, paras. 184–193
  • 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 at its 3053rd meeting, on 28 May 2010, decided once more to establish a Working Group on Shared natural resources, chaired by Mr. Enrique Candioti. The Working Group had before it a working paper on oil and gas (A/CN.4/621)1341 prepared by Mr. Shinya Murase.
    • At its 3069th meeting, on 27 July 2010, the Commission took note of the oral report of the Chair of the Working Group on Shared natural resources and endorsed the recommendation of the Working Group.
    • The Working Group considered all aspects of the matter taking into account the views of Governments, including as reflected in the working paper by Mr. Murase. In light of the foregoing, it decided to recommend that the Commission should not take up the consideration of the transboundary oil and gas aspects of the topic “Shared natural resources”.
    • Discussion in Plenary: 3053rd and 3069th meetings, on 28 May 2010 and 27 July 2010.
  • ILC Report, A/65/10, 2010, chap. XII, paras. 374–384
  • 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)

General Assembly Action

  • Resolution 57/21 of 19 November 2002
    • Took note of the Commission's decision 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.4/529)
  • Resolution 58/77 of 9 December 2003
    • Invited Governments to provide information to the International Law Commission regarding national legislation, bilateral and other agreements and arrangements with regard to the use and management of transboundary groundwaters, in particular those governing quality and quantity of such waters, relevant to the topic currently entitled “Shared natural resources”.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/537)
  • Resolution 59/41 of 2 December 2004
    • Drew the attention of Governments to the importance for the International Law Commission of having their views on the various aspects involved in the topic, in particular on: their practice, bilateral or regional, relating to the allocation of groundwaters from transboundary aquifer systems and the management of non-renewable transboundary aquifer systems relating to the topic entitled “Shared natural resources”.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/549 and Add.1)
  • Resolution 60/22 of 23 November 2005
    • Invited Governments to provide information to the International Law Commission on the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
  • Resolution 61/34 of 4 December 2006
    • Expressed its appreciation to the International Law Commission for the work accomplished at its fifty-eighth session, inter alia, for the completion of the first reading of the draft articles on the law of transboundary aquifers under the topic “Shared natural resources”.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577, Add.1 and Add.2)
  • Resolution 62/66 of 6 December 2007
    • Invited Governments to provide information to the International Law Commission on the topic.
    • Drew the attention of Governments to the importance for the International Law Commission of having their comments and observations be 1 January 2008 on the draft articles and commentaries on the law of transboundary aquifers adopted on first reading by the Commission at its fifty-eighth session.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
  • Resolution 63/123 of 11 December 2008
    • Expressed its appreciation to the International Law Commission for the work accomplished at its sixtieth session, in particular for ... the completion of the second reading of the draft articles on the law of transboundary aquifers under the topic “Shared natural resources”.
  • 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)
  • Resolution 64/114 of 16 December 2009
    • Drew the attention of Governments to the importance for the International Law Commission of having their views regarding practice with regard to the topic.
  • 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)

Final Outcome

Discontinued