International Law Commission International Law Commission

Last update: January 12, 2016

About the Commission

Organization, programme and methods of work

Programme of work (see also Analytical Guide)

Selection of topics

Under the Statute, the Commission shall consider proposals for the progressive development of international law referred by the General Assembly (article 16) or submitted by Members of the United Nations, the principal organs of the United Nations other than the General Assembly, specialized agencies or official bodies established by intergovernmental agreements to encourage the progressive development and codification of international law (article 17). With respect to codification, the Commission is required to survey the whole field of international law with a view to selecting appropriate topics (article 18). In addition, the Commission may recommend to the General Assembly the codification of a particular topic which is considered necessary and desirable (article 18). At its first session, in 1949, the Commission decided that it had competence to proceed with its work of codification of a topic that it had recommended to the General Assembly without awaiting action by the General Assembly on such recommendation.1 However, in practice, the Commission has generally sought endorsement by the General Assembly before engaging in the substantive consideration of a topic. The General Assembly may also request the Commission to deal with any question of codification which receives priority (article 18).

In the early years, the Commission received a number of proposals and special assignments from the General Assembly as well as proposals from the Economic and Social Council. In 1996, the Commission expressed concern that the relevant provisions of the Statute have been used infrequently in recent years and recommended that the General Assembly — and through it other bodies within the United Nations system — should be encouraged to submit to the Commission possible topics involving codification and progressive development of international law.2

The Commission has conducted two surveys of international law as provided for in its Statute, the first, at its first session, in 1949, on the basis of a Secretariat memorandum entitled “Survey of international law in relation to the work of codification of the International Law Commission”,3 and the second, on the occasion of the Commission’s twentieth session on the basis of a series of documents prepared by the Secretariat,4 in particular a working paper entitled “Survey of International Law”, prepared by the Secretary-General in response to the Commission’s request.5

At its forty-eighth session, in 1996, the Commission analysed the scope for progressive development and codification after nearly fifty years of work by the Commission and, in order to provide a global review of the main fields of general public international law, established a general scheme of topics of international law classified under thirteen main fields of public international law, not meant to be exhaustive, that included topics already taken up by the Commission, topics under consideration by the Commission and possible future topics.6

Apart from the surveys, the Commission has held a periodic review of its programme of work with a view to bringing it up to date, taking into account General Assembly recommendations and the international community’s current needs and discarding those topics which are no longer suitable for treatment.7 Such a review has sometimes taken place at the request of the General Assembly. 8

Topics on the Commission’s programme of work

At its first session, in 1949, the Commission reviewed, on the basis of the survey of international law prepared by the Secretariat,9 twenty-five topics for possible inclusion in a list of topics for study. Following its consideration of the matter, the Commission drew up a provisional list of fourteen topics selected for codification, as follows:

The Commission agreed to the 1949 list of fourteen topics on the understanding that it was provisional and that additions or deletions might be made after further study by the Commission or in compliance with the wishes of the General Assembly. Amendments were made in the course of the Commission’s consideration of certain topics. The topic of “Succession of States and Governments” was subsequently divided into three, namely succession in respect of treaties, succession in matters other than treaties,12 and succession in respect of membership of international organizations.13 The topics “Regime of the high seas” and “Regime of territorial waters”, for the most part, were considered separately, but, at its eighth session, in 1956, the Commission grouped together systematically all the rules it had adopted under these topics in the final report on the subject “Law of the Sea”.

The Commission has submitted a final report on all of the topics included in the 1949 list, except for the following:

The first two topics have never been the subject of substantive consideration by the Commission, per se. However, the second topic may be viewed as being encompassed within the scope of the topics of “The obligation to extradite or prosecute (aut dedere aut judicare)” and “Extraterritorial jurisdiction”14.

The remaining two topics were the subject of partial consideration by the Commission. The topic “Treatment of aliens” was considered by the Commission in the course of its work on the topic “State responsibility”, but this work was discontinued. It was also considered, to some extent, by the Commission in connection with its work on the topic “Diplomatic protection”, and is being considered as an aspect of the topic “Expulsion of aliens”. With respect to the topic “Right of asylum”, at the Commission’s first session, in 1949, during the discussion of the draft Declaration on Rights and Duties of States, a proposal was submitted to include in the draft Declaration an article relating to the right of asylum. It was finally decided not to include such an article.15 At a later stage, the topic was specifically referred to the Commission by the General Assembly.16 At its twelfth session, in 1960, the Commission took note of the General Assembly resolution and decided to defer further consideration of the question to a future session.17 At its twentyninth session, in 1977, the Commission concluded that the topic did not appear at that time to require active consideration by the Commission in the near future.18

The 1949 list of topics constituted the Commission’s basic long-term programme of work for more than fifty years. The list was supplemented by the following topics:

The topics listed above that were placed on the Commission’s programme of work in addition to those included in the 1949 list may be divided into four categories: (i) topics that were a specific follow-up to the Commission’s previous work on one of the topics included in the 1949 list; (ii) topics that were not a specific follow-up to the Commission’s previous work, but nonetheless relate to some extent to one of the 1949 topics; (iii) topics that do not relate to any of the topics in the 1949 list; and (iv) special assignments referred to the Commission by the General Assembly.

The first category comprising the topics that were referred to the Commission by the General Assembly as a specific follow-up to the consideration by the Commission of a topic included in the 1949 list includes: (22) relations between States and international organizations (General Assembly resolution 1289 (XIII) of 5 December 1958);30 (23) juridical regime of historic waters, including historic bays (General Assembly resolution 1453 (XIV) of 7 December 1959);31 (24) special missions (General Assembly resolution 1687 (XVI) of 18 December 1961);32 (26) the most-favoured-nation clause (General Assembly resolution 2272 (XXII) of 1 December 1967);33 (27) question of treaties concluded between States and international organizations or between two or more international organizations (General Assembly resolution 2501 (XXIV) of 12 November 1969);34 and (32) international liability for injurious consequences arising out of acts not prohibited by international law (General Assembly resolution 3071 (XXVIII) of 30 November 1973).35 The topics listed in subparagraphs (23), (24) and (27) were referred to the Commission as a follow-up to the consideration by the General Assembly of a resolution previously adopted to that effect by a conference of plenipotentiaries.

The second category comprising the topics that were not a specific follow-up to the Commission’s previous work, but nonetheless relate to one of the 1949 topics, includes: (30) the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier,36 and (44) immunity of State officials from foreign criminal jurisdiction, both of which relate, to some extent, to the topic of diplomatic intercourse and immunities; (33) reservations to treaties, (40) effects of armed conflicts on treaties and (45) treaties over time, which relate to the topic of the law of treaties;37 (34) nationality in relation to the succession of States, which relates to both the topic of succession of States and Governments as well as the topic of nationality, including statelessness; and (35) diplomatic protection and (37) responsibility of international organizations both of which relate to the topic of State responsibility;38 and (41) expulsion of aliens which is related, in part, to the topic “Treatment of aliens”.

The third category comprising new topics that do not relate to any of the topics in the 1949 list includes: (29) the law of the non-navigational uses of international watercourses; (36) unilateral acts of States; (38) shared natural resources;39 (39) fragmentation of international law; (42) the obligation to extradite or prosecute (aut dedere aut judicare);40 and (43) protection of persons in the event of disasters.

The fourth category comprising special assignments in terms of requests by the General Assembly to the Commission to report on particular legal problems, to examine particular texts or to prepare a particular set of draft articles41 includes: (15) draft declaration on rights and duties of States (General Assembly resolution 178 (II) of 21 November 1947); (16) formulation of the Nürnberg principles (General Assembly resolution 177 (II) of 21 November 1947); (17) question of international criminal jurisdiction (General Assembly resolution 260 B (III) of 9 December 1948); (19) draft code of offences against the peace and security of mankind (General Assembly resolution 177 (II) of 21 November 1947); (20) reservations to multilateral conventions (General Assembly resolution 478 (V) of 16 November 1950); (21) question of defining aggression (General Assembly resolution 378 (V) of 17 November 1950); (25) question of extended participation in general multilateral treaties concluded under the auspices of the League of Nations (General Assembly resolution 1766 (XVII) of 20 November 1962); (28) question of the protection and inviolability of diplomatic agents (General Assembly resolution 2780 (XXVI) of 3 December 1971); and (31) review of the multilateral treaty-making process (General Assembly resolution 32/48 of 8 December 1977).

Most of the topics were referred to the Commission by the General Assembly, often as a result of an earlier initiative of the Commission itself. The topics listed above in subparagraphs (33)–(45) were selected by the Commission in accordance with the new procedure for the selection of topics, involving initial inclusion in the Commission’s long-term programme of work. With respect to these topics, the General Assembly endorsed the Commission’s decisions to undertake studies on the topics of (33) reservations to treaties, (34) nationality in relation to the succession of States, (35) diplomatic protection, (36) unilateral acts of States, (40) effects of armed conflicts on treaties, (41) expulsion of aliens, (42) the obligation to extradite or prosecute (aut dedere aut judicare); took note of the Commission’s decision to include in its programme of work the topics of (38) shared natural resources and (39) fragmentation of international law; (43) protection of persons in the event of disasters; (44) immunity of State officials from foreign criminal jurisdiction; (45) treaties over time; (26) most-favoured-nation clause; and requested the Commission to begin its work on the topic of (37) responsibility of international organizations.

The Commission has submitted a final report on all of the topics and sub-topics added to the 1949 list which are not under current consideration, except for the following: (22) the second part of the topic of relations between States and international organizations (status, privileges and immunities of international organizations and their personnel), (23) juridical regime of historic waters, including historic bays; and (34) the second part of the topic of nationality in relation to the succession of States (question of nationality of legal persons).42

At the beginning of the Commission’s sixty-fourth session, in 2012, the following six topics were on the Commission’s programme of work:43 (41) expulsion of aliens; (42) the obligation to extradite or prosecute (aut dedere aut judicare); (43) protection of persons in the event of disasters; (44) immunity of State officials from foreign criminal jurisdiction; (45) treaties over time; and (26) the most-favoured-nation clause.

Procedure and criteria for the selection of topics

Since 1992, the selection of topics by the Commission for its future work has been carried out in accordance with the procedure under which designated members of the Commission, or its Secretariat,44 write a short outline or explanatory summary on one of the topics included in a pre-selected list,45 indicating: (i) the major issues raised by the topic; (ii) any applicable treaties, general principles or relevant national legislation or judicial decisions; (iii) existing doctrine; and (iv) the advantages and disadvantages of preparing a report, a study or a draft convention, if a decision is taken to proceed with the topic.46 A bibliography of relevant and authoritative writings on each topic is usually also included.

The Working Group on the Long-term Programme of Work considers the outlines or summaries on the various topics prepared by members with a view to identifying topics for possible future consideration by the Commission. The Chairman of the Working Group provides an annual oral progress report to the Planning Group at each session and submits a final written report containing a list of recommended topics accompanied by syllabuses in the last year of the quinquennium. quinquennium, containing a list of recommended topics for inclusion in the Commission’s long-term programme of work, accompanied by syllabuses annexed to the Commission’s annual report to the General Assembly.47 The Planning Group considers and adopts the report which is then submitted to the Commission. The Commission considers and adopts this report in plenary and includes it in an annex to its annual report to the General Assembly. The list of topics is intended to facilitate the selection of topics by the newly-elected members of the Commission at the beginning of the next quinquennium, taking into account views expressed in the Sixth Committee. The list of topics is intended to perform a function similar to the 1949 list which guided the Commission in the selection of topics for more than fifty years.

The Commission has recommended that the work on the identification of possibles future topics continue to follow this procedure which it considers to be an improvement.48

In the selection of topics, the Commission has been guided by the following criteria: (i) the topic should reflect the needs of States in respect of the progressive development and codification of international law; (ii) the topic should be at a sufficiently advanced stage in terms of State practice to permit progressive development and codification; (iii) the topic should be concrete and feasible for progressive development and codification; and (iv) the Commission should not restrict itself to traditional topics, but should also consider those that reflect new developments in international law and pressing concerns of the international community as a whole.49

As of the beginning of the sixty-fourth session of the Commission, in 2012, the following topics were on the long-term programme of work of the Commission:

1 See Yearbook of the International Law Commission, 1949, Report to the General Assembly, para. 12.

2 See Yearbook of the International Law Commission, 1996, vol. II (Part Two), paras. 148 (b) and 177.

3 Document A/CN.4/1 (United Nations publication, Sales No. 48.V.1) reissued under the symbol A/CN.4/1/Rev.1 (United Nations publication, Sales No. 48.V.1(1)).

4 See Yearbook of the International Law Commission, 1968, vol. II, document A/7209/Rev.1, annex; and ibid., 1970, vol. II, document A/CN.4/230.

5 See Yearbook of the International Law Commission, 1971, vol. II (Part Two), document A/CN.4/245.

6 See Yearbook of the International Law Commission, 1996, vol. II (Part Two), paras. 246–248 and annex II.

7 See ibid., 1962, vol. II, document A/5209, paras. 24–62; ibid., 1967, vol. II, document A/6709/Rev.1, para. 49; ibid., 1968, vol. II, document A/7209/Rev.1, paras. 95–101; ibid., 1969, vol. II, document A/7610/Rev.1, para. 91; ibid., 1970, vol. II, document A/8010/Rev.1, para. 87; ibid., 1971, vol. II (Part One), document A/8410/Rev.1, paras. 119–128; ibid., 1972, vol. II, document A/CN.4/254; ibid., 1973, vol. II, document A/9010/Rev.1, paras. 134–176; ibid., 1977, vol. II (Part Two), paras. 96–111; ibid., 1992, vol. II (Part Two), paras. 368–370; ibid., 1995, vol. II (Part Two), paras. 498–503; ibid., 1996, vol. II (Part Two), paras. 244–248 and annex II; ibid., 1997, vol. II (Part Two), para. 238; ibid., 1998, vol. II (Part Two), paras. 551–554; ibid., 1999, vol. II (Part Two), paras. 640–644; ibid., 2000, vol. II (Part Two), paras. 726–733; ibid., 2002, vol. II (Part Two), paras. 517–521; Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 10 (A/59/10), paras. 362–364; ibid., Sixtieth Session, Supplement No. 10 (A/60/10), para. 500; ibid., Sixty-first Session, Supplement No. 10 (A/61/10), paras. 256–260; ibid., Sixty-second Session, Supplement No. 10 (A/62/10), paras. 374–378; ibid., Sixty-third Session, Supplement No. 10 (A/63/10), paras. 351–354; and ibid., Sixty-sixth Session, Supplement No. 10 (A/66/10 and Add.1), paras. 365–369.

8 For example, in resolution 54/111 of 9 December 1999, the General Assembly encouraged the Commission to proceed with the selection of new topics for its next quinquennium corresponding to the wishes and preoccupations of States and to present possible outlines and related information for new topics to facilitate decision thereon by the Assembly.

9 See footnote 85, above.

10 At its fourth session, in 1952, the Commission decided, in accordance with a suggestion of the Special Rapporteur, to use the term “territorial sea” in lieu of “territorial waters”.

11 At its fifty-third session, in 2001, the Commission decided to amend the title of the topic to “Responsibility of States for internationally wrongful acts”. See Yearbook of the International Law Commission, 2001, vol. II (Part Two), para. 68. In practice, the topic is still referred to by its previous title “State responsibility”.

12 The sub-topic was originally entitled “Succession of States in respect of rights and duties resulting from sources other than treaties”. The Commission adopted the new title to read as above at its twentieth session, in 1968.

13 The third sub-topic has never been the subject of substantive consideration by the Commission.

14 Included in the Commission’s long-term programme of work in 2006.

15 See Yearbook of the International Law Commission, 1949, Report to the General Assembly, para. 23.

16 In resolution 1400 (XIV) of 21 November 1959, the General Assembly requested the Commission, as soon as it considered it advisable, to undertake the codification of the principles and rules of international law relating to the right of asylum.

17 See Yearbook of the International Law Commission, 1960, vol. II, document A/4425, para. 39. In 1967, the General Assembly adopted the Declaration on Territorial Asylum, General Assembly resolution 2312 (XXII) of 14 December 1967, taking into consideration the work of codification to be undertaken by the International Law Commission in accordance with General Assembly resolution 1400 (XIV).

18 See ibid., 1977, vol. II (Part Two), para. 109. Earlier that year, the United Nations Conference on Territorial Asylum, which had been convened by the Secretary-General, in consultation with the United Nations High Commissioner for Refugees, was held in Geneva, from 10 January to 4 February 1977, in accordance with General Assembly resolution 3456 (XXX) of 9 December 1975. The conference ended inconclusively. See Yearbook of the United Nations, vol. 31, 1977, pp.625–626. A recommendation by the Conference that the General Assembly, at its thirty-second session, consider the question of convening at an appropriate time a further session of the Conference (see document A/CONF.78/12, para. 25) was not acted upon. As regards the question of diplomatic asylum, the General Assembly, in resolution 3497 (XXX) of 15 December 1975, decided to give further consideration to the matter at a future session.

19 This topic was considered by the Commission in accordance with article 24 of its Statute.

20 This topic was originally entitled “Draft code of offences against the peace and security of mankind”. The Commission, at its thirty-ninth session, in 1987, recommended to the General Assembly that the title of the topic in English be amended to read as above in order to achieve greater uniformity and equivalence between different language versions. The General Assembly agreed with this recommendation in resolution 42/151 of 7 December 1987.

21At its twentieth session, in 1968, the Commission decided to amend the title of the topic, without altering its meaning, by changing the word “intergovernmental” to “international”.

22 The Commission initially considered this subject under the topic of ad hoc diplomacy, following the submission of the Commission’s final draft on diplomatic intercourse and immunities in 1958.

23 The topic was first considered from 1967 to 1978. The Commisssion included the topic in its work programme once again at its sixtieth session, in 2008.

24 This topic was preliminarily considered by the Commission under an agenda item entitled “Proposals on the elaboration of a protocol concerning the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier”.

25 In resolution 32/48 of 8 December 1977, the Assembly requested the Secretary-General to prepare a report on the techniques and procedures used in the elaboration of multilateral treaties. Also in that resolution, the General Assembly, bearing in mind the important contribution of the Commission to the preparation of multilateral treaties, provided for the participation of the Commission in the review in question. The Commission was invited, as were Governments, to submit its observations on the subject for inclusion in the Secretary-General’s report. Pursuant to that invitation, the Commission considered the subject at its thirtieth and thirty-first sessions, in 1978 and 1979, respectively. See Yearbook of the International Law Commission, 1979, vol. II (Part Two), paras. 184–195. Its observations were transmitted to the Secretary-General in 1979 in the Commission’s document entitled “Report of the Working Group on review of the multilateral treaty-making process”. See Yearbook of the International Law Commission, 1979, vol. II (Part One), document A/CN.4/325.

26 This topic was originally entitled “The law and practice relating to reservations to treaties”. At its forty-seventh session, in 1995, the Commission concluded that the title of the topic should be amended to read as above.

27 The Commission’s study on the topic proceeded under this title following the completion by the Commission of the preliminary study of the topic “State succession and its impact on the nationality of natural and legal persons” at its forty-eighth session, in 1996.

28 The Commission initially conceived the topic as including several sub-topics to be identified later commencing with the “law of transboundary aquifers”, which it concluded at its sixtieth session, in 2008. The Commission subsequently decided, at its sixty-second session, in 2010, not to pursue the sub-topic “oil and gas”.

29 The topic was originally entitled “Risks ensuing from fragmentation of international law”. At its fifty-fourth session, in 2002, the Commission decided to change the title of the topic to read as above.

30 The topic was a follow-up to the topic of diplomatic intercourse and immunities.

31 The topic was a follow-up to the topic of the law of the sea.

32 The topic was also a follow-up to the topic of diplomatic intercourse and immunities.

33 The topic was a follow-up to the topic of the law of treaties.

34 The topic was also a follow-up to the topic of the law of treaties.

35 The topic was a follow-up to the topic of State responsibility.

36 This topic was referred to the Commission by the General Assembly for the further development and concretization of international diplomatic law (General Assembly resolutions 31/76 of 13 December 1976 and 33/139 and 33/140 of 19 December 1978).

37 The Commission undertook work on this topic “Reservations to treaties” in order to address the ambiguities and gaps in the provisions concerning reservations to treaties contained, in particular, in the Vienna Convention on the Law of Treaties which was based on the Commission’s earlier draft articles on the law of treaties. As regards the topic “Effects of armed conflicts on treaties”, on adopting the draft articles on the law of treaties, in 1966, the Commission was of the view that the case of the outbreak of hostilities between parties to a treaty was “wholly outside the scope of the general law of treaties to be codified in the present articles”. See Yearbook of the International Law Commission, 1966, vol. II, para. 38, commentary to article 69, para. (2). The same approach was later adopted in the Vienna Convention on the Law of Treaties, except that an express saving clause was included to the effect that “[t]he provisions of the present Convention shall not prejudge any question that may arise in regard to a treaty from ... the outbreak of hostilities between States” (article 73).

38 These topics were partially considered by the Commission in the course of its work on State responsibility. In addition, some aspects of the subject of responsibility of international organizations were examined in the course of the Commission’s work on the second part of the topic “Relations between States and international organizations”, dealing with the status, privileges and immunities of international organizations and their personnel.

39 This topic relates to some extent to the Commission’s previous work on the law of the non-navigational uses of international watercourses.

40 This issue had previously been considered by the Commission in the context of: the question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law (Draft articles on the prevention and punishment of crimes against diplomatic agents and other internationally protected persons, of 1972, draft article 6, see Yearbook of the International Law Commission, 1972, vol. II, chapter III.B); crimes against the peace and security of mankind (Draft code of crimes against the peace and security of mankind, draft article 9; see ibid., 1996, vol. II (Part Two), para. 50) and the crimes within the jurisdiction of an international criminal court (Draft statute for an international criminal court, draft article 54; see ibid., 1994, vol. II (Part Two), para. 91).

41 See Yearbook of the International Law Commission, 1979, vol. II (Part One), document A/CN.4/325, para. 57.

42 The topic (23) has never been the subject of substantive consideration by the Commission. The work on the other two topics (22) and (23) was discontinued by the Commission before any final report was produced.

43 In 2010 the Commission held a discussion on “settlement of disputes clauses”, under the agenda item “other matters”. See Official Records of the General Assembly, Sixtyfifth Session, Supplement No. 10 (A/65/10), para. 388. This was followed by a discussion on “peaceful settlement of disputes”, held at the next session in 2011, also under the same agenda item. See ibid., Sixty-sixth Session, Supplement No. 10 (A/66/10 and Add.1), paras. 416 and 417.

44 The Secretariat has, on occasion, submitted papers, both formal and informal, related to possible new topics for inclusion in the long-term programme of work, in accordance with article 17 of the Statute of the International Law Commission, following a request to do so. See, for example, ibid., Sixty-First Session, Supplement No. 10 (A/61/10), para. 261.

45 The topics may be drawn from the list of possible future topics identified by the Commission in 1996 or suggested by members of the Commission.

46 See Yearbook of the International Law Commission, 1992, vol. II (Part Two), para. 369.

47 Since 1992, the following topics have been included in the Commission’s longterm programme of work: Law and practice relating to reservations to treaties (in 1993, see ibid., 1993, vol. II (Part Two), para. 427); State succession and its impact on the nationality of natural and legal persons (in 1993, ibid., para. 427); Diplomatic protection (in 1995, ibid., 1995, vol. II (Part Two), para. 501; Ownership and protection of wrecks beyond the limits of national maritime jurisdiction (in 1996, ibid., 1996, vol. II (Part Two), para. 248); Unilateral acts of States (in 1996, ibid., para. 248); Responsibility of international organizations (in 2000, ibid., vol. II (Part Two), para. 729); Shared natural resources of States (in 2000, ibid., para. 729); Risks ensuing from fragmentation of international law (in 2000, ibid., para. 729); Effects of armed conflict on treaties (in 2000, ibid., para. 729); Expulsion of aliens (in 2000, ibid., para. 729); The obligation to extradite or prosecute (aut dedere aut judicare) (in 2004, see Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 10 (A/59/10), paras. 362–363); Immunity of State officials from foreign criminal jurisdiction (in 2006, ibid., Sixty-first session, Supplement No. 10 (A/61/10), para. 257); Jurisdictional immunity of international organizations (in 2006, ibid., para. 257); Protection of persons in the event of disasters (in 2006, ibid., para. 257); Protection of personal data in transborder flow of information (in 2006, ibid., para. 257); Extraterritorial jurisdiction (in 2006, ibid., para. 257); Treaties over time (in 2008, see Official Records of the General Assembly, Sixty-third Session, Supplement No. 10 (A/63/10), para. 351); The Most-Favoured-Nation Clause (in 2008, ibid., para. 351); Formation and evidence of customary international law (in 2011, see Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 10 (A/66/10 and Add.1), para. 365); Protection of the atmosphere (in 2011, ibid., para. 365); Provisional application of treaties (in 2011, ibid., para. 365); The fair and equitable treatment standard in international investment law (in 2011, ibid., para. 365); and Protection of the environment in relation to armed conflicts (in 2011, ibid., para. 365).

48 See Yearbook of the International Law Commission, 1996, vol. II (Part Two), paras. 148 (a) and 165. For the consideration of the long-term programme of work in accordance with this procedure in subsequent years, see ibid., 1997, vol. II (Part Two), para. 238; ibid., 1998, vol. II (Part Two), paras. 551–554; ibid., 1999, vol. II (Part Two), para. 642; ibid., 2000, vol. II (Part Two), paras. 726–733; Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 10 (A/59/10), paras. 362–363; ibid., Sixty-first Session, Supplement No. 10 (A/61/10), paras. 256–261; ibid., Sixty-second Session, Supplement No. 10 (A/62/10), para. 374; ibid., Sixty-third Session, Supplement No. 10 (A/63/10), paras. 351–352; and ibid., Sixty-sixth Session, Supplement No. 10 (A/66/10 and Add.1), para. 365–369.

49 See Yearbook of the International Law Commission, 1997, vol. II (Part Two), para. 238; ibid., 1998, vol. II (Part Two), para. 553 and Official Records of the General Assembly, Sixty-first Session, Supplement No. 10 (A/61/10), para. 256; ibid., Sixty-third Session, Supplement No. 10 (A/63/10), para. 351; and ibid., Sixty-sixth Session, Supplement No. 10 (A/66/10 and Add.1), para. 366.