International Law Commission International Law Commission

Last update: May 17, 2024

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))

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 and 5 as provisionally adopted by 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

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