International Law Commission International Law Commission

Last update: July 7, 2025

Analytical Guide to the Work of the International Law Commission

Settlement of disputes to which international organizations are parties*

* At its seventy-fourth session, in 2023, the Commission decided to change the title of the topic from “Settlement of international disputes to which international organizations are parties” to “Settlement of disputes to which international organizations are parties”.

See also: Summary | Texts and Instruments

Mandate

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

  • 75th session of the International Law Commission (2024)
    • Memorandum prepared by the Secretariat

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Discussion on the scope and outcome of the topic, as well as definitional issues. Consideration of previous work of the Commission relevant to the topic and of other international bodies. Discussion of the programme of work. Proposal for two draft guidelines: one on the scope of the draft guidelines and the other on use of terms.
    • First report of the Special Rapporteur, Mr. August Reinisch (74th session of the ILC (2023))
  • Discussion on “international disputes” as the focus of the second report. Consideration of the practice of settling international disputes to which international organizations are parties. Discussion of policy issues and suggested recommendations. Discussion of the programme of work. Proposal for four draft guidelines: one on the definition of international disputes for the purposes of the draft guidelines, one on the practice of dispute settlement, one on access to arbitration and judicial settlement and one on dispute settlement and rule of law requirements.
    • Second report of the Special Rapporteur, Mr. August Reinisch (75th session of the ILC (2024))
  • Discussion of disputes between international organizations and private parties. Analysis of the variety of practice of dispute settlement, ranging from direct negotiations to adjudicatory forms of dispute settlement such as arbitration and settlement through international and/or national courts and tribunals. Consideration of policy issues, including jurisdictional immunity securing the independent functioning of international organizations and access to justice to private parties. Proposal of five draft guidelines: one on disputes between international organizations and private parties, one on resort to means of dispute settlement, one on jurisdictional immunity of international organizations, one on access to justice, and one on dispute settlement and procedural rule of law as well as human rights requirements. Discussion of future programme of work.
    • Third report of the Special Rapporteur, Mr. August Reinisch (76th session of the ILC (2025))

Reports of the Drafting Committee

  • 74th session of the International Law Commission (2023)
    • Titles and texts of draft guidelines 1 and 2 provisionally adopted by the Drafting Committee
    • Statement of the Chair of the Drafting Committee
  • 75th session of the International Law Commission (2024)
    • Titles of Part One and Part Two, and texts and titles of draft guidelines 3, 4, 5 and 6 as provisionally adopted by the Drafting Committee
    • Statement of the Chair of the Drafting Committee

Comments by Governments

 

Other

 

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its seventy-fourth session, 24 April to 2 June and from 3 July to 4 August 2023
    • The Commission had before it the first report of the Special Rapporteur on the topic (A/CN.4/756), which addressed the scope of the topic and provided an analysis of the subject matter of the topic in light of previous relevant work of the Commission and of other international bodies. The report also addressed certain definitional issues.
    • Following the debate in plenary, the Commission decided to refer draft guidelines 1 and 2, as proposed in the first report, to the Drafting Committee, taking into account the comments and observations made in plenary. o Upon consideration of the report of the Drafting Committee (A/CN.4/L.983), the Commission provisionally adopted draft guidelines 1 and 2 and decided to change the title of the topic from “Settlement of international disputes to which international organizations are parties” to “Settlement of disputes to which international organizations are parties”.
  • Discussion in Plenary: 3613th, 3614th, 3615th, 3616th, 3617th and 3618th (25 April to 3 May 2023), 3631st (25 May 2023), and 3647th, 3648th and 3649th (26 and 27 July 2023) meetings.
  • ILC Report, A/78/10, 2023, chap. V, paras. 41–49
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/763)
  • Report of the International Law Commission on the work of its seventy-fifth session, 29 April to 31 May and from 1 July to 2 August 2024
    • The Commission had before it the second report of the Special Rapporteur (A/CN.4/766), as well as the memorandum by the Secretariat providing information on the practice of States and international organizations which may be of relevance to the future work of the Commission on the topic, including both international disputes and disputes of a private law character (A/CN.4/764).
    • Following the debate in plenary, the Commission decided to refer draft guidelines 3, 4, 5 and 6, as contained in the second report, to the Drafting Committee, taking into account the views expressed in the plenary debate. Upon consideration of the report of the Drafting Committee (A/CN.4/L.998 and Add.1) the Commission provisionally adopted draft guidelines 3 to 6.
  • Discussion in Plenary: 3658th, 3659th, 3660th, 3661st and 3662nd meetings (29 April to 3 May 2024), 3673rd (31 May 2024), and 3688th, 3689th, 3690th, 3691st and 3692nd (23 to 25 July 2024) meetings.
  • ILC Report, A/79/10, 2024, chap. IV, paras. 55–63
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/778)
  • Report of the International Law Commission on the work of its seventy-sixth session, 28 April to 30 May 2025
    • The Commission had before it the third report of the Special Rapporteur (A/CN.4/782), with the bibliography thereto (A/CN.4/782/Add.1).
    • Owing to the reduction of the length of the present session, the Commission was unable to consider the third report of the Special Rapporteur in plenary. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to allow for a preliminary exchange of views on the third report.
    • The Working Group held one meeting.
    • At its 3718th meeting, on 23 May 2025, the Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group.
  • Discussion in Plenary: 3702nd (28 April 2025), 3718th (23 May 2025) and 3724th (28 May 2025) meetings.
  • ILC Report, A/80/10, 2025, chap. VIII, paras. 358–376

General Assembly Action

  • Resolution 77/103 of 7 December 2022
    • Drew the attention of Governments to the importance for the International Law Commission of having their views on the various aspects of the topics on the agenda of the Commission, in particular on all the specific issues identified in chapter III of its report, regarding, inter alia, settlement of international disputes to which international organizations are parties.
    • Took note of the decision of the International Law Commission to include the topic “Settlement of international disputes to which international organizations are parties”…in its programme of work.
    • Took note of the request of the Commission to the Secretariat to prepare a memorandum that would be particularly relevant for its future work on the topic “Settlement of international disputes to which international organizations are parties”.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/755)

Final Outcome

Work in progress