- Report of the International Law Commission on the work of its first session, 12 April to 19 June 1949
- As mandated under article 18(1) of its Statute, the Commission undertook a survey of the whole field of international law. Its primary task was to select particular topics the codification of which the Commission considered necessary or desirable. It had before it a memorandum prepared by the Secretariat entitled Survey of International Law in relation to the Work of Codification of the International Law Commission. It reviewed twenty-five topics, and provisionally selected fourteen for codification, three of which it decided to give priority to, viz. law of treaties, arbitral procedure, and régime of the high seas.
- Discussion in Plenary: 2nd, 3rd, 4th, 5th, 6th and 7th meetings (13 to 21 April 1949)
|
|
- Report of the International Law Commission on the work of its second session, 5 June to 29 July 1950
- In response to the request of the General Assembly contained in resolution 374 (IV), the Commission decided to include in its list of priorities the topic of territorial waters.
- The Commission also decided to entertain the proposal of the Economic and Social Council with regard to the subject of "nationality, including statelessness".
|
|
- Report of the International Law Commission on the work of its fifth session, 1 June to 14 August 1953
- The Commission decided to postpone a decision on the request of the General Assembly, contained in resolution 685 (VII) of 5 December 1952, that the Commission undertake the codification of the topic "Diplomatic intercourse and immunities".
|
|
- Report of the International Law Commission on the work of its sixth session, 3 June to 28 July 1954
- In pursuance of General Assembly resolution 685 (VII) of 5 December 1982, the Commission decided to initiate work on the topic of "Diplomatic intercourse and immunities".
- The Commission took note of General Assembly resolution 799 (VIII) of 7 December 1953 requesting it to undertake, as soon as it considered advisable, the codification of the principles of international law governing State Responsibility.
|
|
- Report of the International Law Commission on the work of its tenth session, 28 April to 4 July 1958
- The Commission undertook a review of the work accomplished during its first ten sessions. It considered that the finalization on the average of one completed piece of work for presentation to the Assembly in each year constituted about as much as it would be possible or desirable to aim at consistently with maintaining the requisite standard of work. Following an initial delay in its programme of codification, drawn up in 1949, the Commission had by 1958 finally completed nine pieces of codification or progressive development, of which eight were covered by its own original selection of topics to be dealt with, and four figured amongst the five topics originally selected for priority treatment. Of these nine completed pieces of work, four had already been taken up at an international conference and two more were scheduled to be similarly taken up in 1959.
- The Commission decided to undertake a study of the topic ad hoc diplomacy.
|
- ILC Report, A/3859 (A/13/9), 1958, chap. V(II), paras. 68–69
- Yearbook, 1958, vol. II
- ILC Report, A/3859 (A/13/9), 1958, chap. III(I), para. 51
- Yearbook, 1958, vol. II
|
- Report of the International Law Commission on the work of its eleventh session, 20 April to 26 June 1959
- The Commission took note of the invitation of the General Assembly, contained in resolution 1289 (XIII) of 5 December 1958, to consider the question of relations between States and inter-governmental international organizations. The Commission resolved that in due course attention would be given to the matter.
|
|
- Report of the International Law Commission on the work of its twelfth session, 25 April to 1 July 1960
- The Commission took note of General Assembly resolution 1400 (XIV) of 21 November 1959, requesting it, as soon as it considers it advisable, to undertake the codification of the principles and rules of international law relating to the right of asylum.
- Following General Assembly resolution 1453 (XIV) of 7 December 1959, calling on the Commission to undertake the study of the question of the juridical régime of historic waters, including historic bays, the Commission requested the Secretariat to undertake a study of the juridical régime of historic waters, including historic bays.
|
|
- Report of the International Law Commission on the work of its thirteenth session, 1 May to 7 July 1961
- The Commission discussed the decision of the General Assembly, contained in resolution 1505 (XV) of 12 December 1960, to place on the provisional agenda of the Assembly's sixteenth session an item entitled "Future work in the field of the codification and progressive development of international law" in order to study and survey the whole field of international law and make necessary suggestions with regard to the preparation of a new list of topics for codification and for the progressive development of international law.
- Discussion in Plenary: 614th, 615th and 616th meetings (20 to 22 June 1961)
|
|
- Report of the International Law Commission on the work of its fourteenth session, 24 April to 29 June 1962
- Following General Assembly resolution 1686 (XVI) of 18 December 1961, the Commission held a general debate on its whole programme of work, including the topics mentioned in paragraph 3(a) of resolution 1686 (XVI), viz. State responsibility and succession of States and Governments. The discussion was held on the basis of a working paper prepared by the Secretariat. The Commission established a Committee of eight members to consider the future programme of work in accordance with General Assembly resolution 1686 (XVI), paragraph 3(b). The Commission on the recommendation of the Committee, agreed to limit its future programme of work to three main topics: law of treaties, state responsibility, and succession of States and governments. It also decided to include in its programme our additional topics of more limited scope referred to it by the General Assembly, viz. special missions, relations between States and inter-governmental organizations, the right of asylum, and the juridical régime of historic waters, including historic bays.
- Discussion in Plenary: 629th, 630th, 631st, 632nd, 633rd, 634th, 635th, 636th and 637th meetings (25 April to 7 May 1962), and 668th meeting (26 June 1962)
|
|
- Report of the International Law Commission on the work of its fifteenth session, 6 May to 12 July 1963
- Following the request of the General Assembly, contained in resolution 1766 (XVII) of 20 November 1962, the Commission considered the question of extended participation in general multilateral treaties concluded under the auspices of the League of Nations.
- Discussion in Plenary: 712th and 713th meetings (2 and 3 July 1963
|
|
- Report of the International Law Commission on the work of its nineteenth session, 8 May to 14 July 1967
- The Commission decided to divide the topic succession of States and Governments into three, viz. succession in respect of treaties; succession in respect of rights and duties resulting from sources other than treaties; and succession in respect of membership of international organizations.
- The Commission discussed several additional topics suggested by members for possible future consideration. The first two, right of asylum and the study on historic waters, including historic bays, had previously been referred to it by the General Assembly. It decided not to undertake them at the present time. Other topics included: the effect of unilateral acts; the use of international rivers; and international bays and international straits. Some members suggested a return to topics dealt with by the Commission in its earlier years, such the question of criminal jurisdiction; while others proposed work on question of international legal procedure, such as model rules of conciliation. The Commission also noted that one aspect laid aside during its treatment of the law of treaties was the question of the most-favoured-nation clause. As it considered the scope of the topic to be more manageable, it decided to place the topic on its agenda.
- Discussion in Plenary: 917th meeting (8 June 1967), 928th and 929th meetings (23 and 27 June 1967), and 938th and 939th meetings (12 and 13 July 1967)
|
|
- Report of the International Law Commission on the work of its twentieth session, 27 May to 2 August 1968
- The Commission decided to ask the Secretary-General to prepare a new survey of the whole field of international law on the lines of the Survey submitted at the Commission's first session in 1949. On the basis of such a new survey the Commission, in 1970 or 1971, could draw up a list of topics that were ripe for codification.
|
|
- Report of the International Law Commission on the work of its twenty-first session, 2 June to 8 August 1969
- The Commission reiterated its request that the Secretary-General prepare a new survey of international law.
|
|
- Report of the International Law Commission on the work of its twenty-second session, 4 May to 10 July 1970
- The Secretariat submitted a preparatory working paper (A/CN.4/230 and Corr.1) concerning the review of the Commission's programme of work in accordance with the request made by the Commission at its twenty-first session. The Commission asked the Secretary-General to submit at its twenty-third session a new working paper as a basis for the Commission to select a list of topics which may be included in its long-term programme of work.
|
|
- Report of the International Law Commission on the work of its twenty-third session, 26 April to 30 July 1971
- Following the General Assembly's recommendation contained in resolution 2669 (XXV) of 8 December 1970, the Commission decided to include the topic "Non-navigational uses of international watercourses" in its general programme of work.
- The Commission had before it a working paper entitled "Survey of International Law" (A/CN.4/245), prepared by the Secretary-General. The Commission held discussion on the basis of the working paper.
- The Commission reached the decision that, if the General Assembly requested it to do so, it would prepare at its 1972 session a set of draft articles regarding such crimes as the murder, kidnapping and assaults upon diplomats and other persons entitled to special protection under international law.
- Discussion in Plenary: 1141st meeting (21 July 1971), 1143rd and 1144th meetings (22 and 26 July 1971)
|
|
- Report of the International Law Commission on the work of its twenty-fifth session, 7 May to 13 July 1973
- Contains an extensive summary of the Commission's proceedings, prior to the session, with regard to the question of its long-term programme of work, as well as a review of its work during its first twenty-five years. Several topics for possible codification were suggested by members during the debate, and the Commission decided to give further consideration to these proposals.
- Discussion in Plenary: 1233rd, 1234th, 1235th, 1236th and 1237th meetings (25 to 29 June 1973)
|
|
- Report of the International Law Commission on the work of its twenty-sixth session, 6 May to 26 July 1974
- Following the recommendation contained in paragraph 3 (c) of General Assembly resolution 3071 (XXVIII), the Commission decided to place the topic of international liability for injurious consequences arising out of the performance of activities other than internationally wrongful acts on its general programme of work.
|
|
- Report of the International Law Commission on the work of its twenty-ninth session, 9 May to 29 July 1977
- As it approached completion on several topics on its agenda, the Commission began to consider which topics, on its general programme of work, it would consider next. It selected the question of international liability for injurious consequences arising out of acts not prohibited by international law. It also decided to give further consideration to the topic "Right of Asylum" at a future session. It suggested the review of the draft code of offences against the peace and security of mankind.
|
|
- Report of the International Law Commission on the work of its forty-first session, 2 May to 21 July 1989
- The Commission established a Working Group to consider the Commission's long-term programme of work. Following preliminary discussion within the Working Group, the Commission decided that it should hold further meetings at the next session to continue the consideration of questions within its mandate.
|
|
- Report of the International Law Commission on the work of its forty-second session, 1 May to 20 July 1990
- The Working Group established at the previous session to consider the Commission's long term programme of work submitted a progress report to the Planning Group. The Working Group focused on three points: a) general criteria for the selection of new topics, b) possible new specific topics for the Commission's agenda; and c) form and timing of the Commission's recommendations to the Assembly on future programme of work. The Group considered such topics as "protection of the environment", or "legal principles regulating the protection of the environment"; "the international law of economic relations"; and several other themes including, "the refugee problem", "legal aspects of the international trade in arms", "a new generation of human rights", "updating of rules related to armed conflicts and protection of the civilian population", "legal aspects of disarmament" and "extra-territorial jurisdiction".
|
|
- Report of the International Law Commission on the work of its forty-third session, 29 April to 19 July 1991
- The Working Group established to consider the Commission's long-term programme of work presented its report to the Planning Group. On the basis of the report, the Commission drew up the following list of topics from which it intended to select topics for inclusion in its long-term programme of work:
a) the law of confined international ground waters;
b) extraterritorial application of national legislation;
c) the law concerning international migrations;
d) extradition and judicial assistance;
e) the legal effects of resolutions of the United Nations;
f) international legal regulations of foreign indebtedness;
g) the legal conditions of capital investment and agreements pertaining thereto;
h) institutional arrangements concerning trade in commodities;
i) legal aspects in the protection of the environment of areas not subject to national jurisdiction (global commons);
j) rights of national minorities;
k) international commissions of inquiry (fact-finding)
l) the legal aspects of disarmament.
|
|
- Report of the International Law Commission on the work of its forty-fourth session, 4 May to 24 July 1992
- The Planning group established a Working Group to consider a limited number of topics to be recommended to the General Assembly for inclusion in the programme of work of the Commission. The Commission endorsed the procedure proposed by the Planning Group, whereby designated members of the Commission were to prepare a short outline, or explanatory summary, of each of the topics for circulation to all members of the Working Group.
|
|
- Report of the International Law Commission on the work of its forty-fifth session, 3 May to 23 July 1993
- The Working Group recommended the incorporation into the Commission's agenda of the topics "The law and practice relating to reservations to treaties" and "State succession and its impact on the nationality of natural and legal persons". The Commission decided that, subject to the approval of the General Assembly, the two topics would be included in its agenda. The Commission also noted the suggestion that the Special Rapporteur on the topic "Non-navigational uses of international watercourses" undertake a study in order to determine the feasibility of incorporating into the topic the question of "confined underground waters".
|
|
- Report of the International Law Commission on the work of its forty-seventh session, 2 May to 21 July 1995
- The Commission decided to re-establish the Working Group on the long-term programme of work set up in 1992. The Commission endorsed the Working Group's recommendation in favour of the topic "Diplomatic Protection" and decided, subject to the approval of the General Assembly, to include it in its agenda. The Commission also endorsed the recommendation of the Working Group that work in the nature of a "feasibility study" should begin on a topic concerning the law of the environment.
|
|
- Report of the International Law Commission on the work of its forty-eighth session, 6 May to 26 July 1996
- The Commission re-established a Working Group to assist it in selecting topics for future study. The Commission adopted the report of the Working Group, and noted that although it had taken up and completed numerous topics in various fields of public international law, still much remained to be done. It established a general scheme of topics classified under 13 main fields of public international law. Three topics were identified as appropriate for codification and progressive development: diplomatic protection; ownership and protection of wrecks beyond the limits of national maritime jurisdiction; and unilateral acts of States.
|
|
- Report of the International Law Commission on the work of its forty-ninth session, 12 May to 18 July 1997
- The Planning Group re-established the Working Group on the long-term programme of work to consider topics which may be taken up by the Commission beyond the quinquennium. In its report, the Working Group noted that the selection of topics for the long-term programme of work should be guided according to certain criteria: that the topic should reflect the needs of States in respect of the progressive development and codification of international law; that the topic should be sufficiently advanced in stage in terms of State practice to permit progressive development and codification; and that the topic is concrete and feasible for progressive development and codification. The selection of topics was then to be made at the Commission's fiftieth session.
|
|
- Report of the International Law Commission on the work of its fiftieth session, 20 April to 12 June 1998 and 27 July to 14 August 1998
- The Planning Group re-established the Working Group on the long-term programme of work to consider topics which may be taken up by the Commission beyond the quinquennium. Bearing in mind its recommendation contained in paragraph 238 of the report on its forty-ninth session, the Commission agreed that the selection of topics for the long-term programme of work should be guided by the following criteria: the topic should reflect the needs of the States in respect of the progressive development and codification of international law; the topic should be sufficiently advanced in stage in terms of State practice to permit progressive development and codification; that the topic is concrete and feasible for progressive development and codification. The Commission further agreed that it should not restrict itself to traditional topics, but could also consider those that reflect new developments in international law and pressing concerns of the international community as a whole. The Commission took note of the report of the Planning Group, in which a number of topics were identified and examined. These topics dealt with different and important aspects of international law such as human rights, environment, responsibility and treaties. It further took note that in the report of the Group the following topics were identified for inclusion in the long-term programme of work: responsibility of international organizations; the effect of armed conflict on treaties; shared natural resources (confined groundwater and single geological structures of oil and gas); and expulsion of aliens. The Commission agreed with the recommendation of the Planning Group that a syllabus on these topics should be prepared for its consideration at the next session. It also agreed with the recommendation of the Group for the preparation of a feasibility study on a number of other topics to consider their suitability for inclusion in the long-term programme of work.
|
|
- Report of the International Law Commission on the work of its fifty-first session, 3 May to 23 July 1999
- The Planning Group re-established the Working Group on the long-term programme of work to consider topics which might be taken up by the Commission beyond the quinquennium. The Commission decided that the Working Group on the long-term programme of work should be re-established at the next session to complete its task.
|
|
- Report of the International Law Commission on the work of its fifty-second session, 1 May to 9 June and 10 July to 18 August 2000
- The Planning Group re-established the Working Group on the long-term programme of work. The Commission took note of the report of the Planning Group stating that, in terms of the method of work, and at the request of the Chair, the members of the Working Group on long-term programme of work at the outset identified a number of subjects which might be useful to examine further as to their appropriateness to be recommended for inclusion in the long-term programme of work of the Commission. Those subjects dealt with different and important aspects of international law, such as human rights, environment, responsibility and treaties. Upon further examination the Working Group narrowed down the list to the following: Legal aspects of corruption and related practices; Jurisdictional aspect of transnational organized crime; Responsibility of international organizations; The risk of the fragmentation of international law; The right to collective security; Humanitarian protection; The effect of armed conflict on treaties; The position of the individual in international law; Right of asylum; The law relating to the expulsion of aliens; The international legal consequences of violations of human rights; Non-discrimination in international law; Feasibility study on the law of environment: guidelines for international control for avoidance of environmental conflict; The precautionary principle; Shared resources of States; and The polluter pays principle.
- The Commission took note of the report of the Planning Group stating that, with regard to the criteria for the selection of the topics, the Working Group, bearing in mind the recommendation of the Commission contained in paragraph 238 of the report on the work of its forty-ninth session, had agreed that it should be guided by the following: that the topic should reflect the needs for the States in respect of the progressive development and codification of international law; that the topic should be sufficiently advanced in stage in terms of State practice to permit progressive development and codification; that the topic should be concrete and feasible for progressive development and codification; and that the Commission should not restrict itself to traditional topics, but that it should also consider those that reflect new developments in international law and pressing concerns of the international community.
- The Commission agreed with the conclusions of the Planning Group that, on the basis of the above criteria, and after careful examination of the preliminary studies on the above subjects the following topics are appropriate for inclusion in the long-term programme of work:
1. Responsibility of international organizations
2. Effects of armed conflict on treaties
3. Shared natural resources of States
4. Expulsion of aliens
5. Risks ensuing from fragmentation of international law
- The syllabuses on topics recommended for inclusion in the long-term programme of work of the Commission were annexed to the report.
|
|
- 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
- The Planning Group decided to reconstitute its Working Group on the Long-term programme and appointed Professor Pellet as Chair of this Working Group. The Chair made a progress report orally to the Planning Group. Its work had a preliminary character.
|
|
- 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 Planning Group reconstituted on 16 May 2003 its Working Group on the long-term programme of work and appointed Mr. Pellet as Chair of this Working Group.
|
|
- 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 Working Group on the Long-term programme of work was reconstituted with Mr. Pellet as Chair of this Working Group. The Working Group held five meetings and its Chair reported orally to the Planning Group. The Working Group intended to submit a full report together with the topics that it proposes for inclusion on the long-term programme of work at the end of the quinquennium. However, the Working Group recommended that the topic “Obligation to extradite or prosecute (aut dedere aut judicare)” be included in the Commission’s long-term programme of work. It considered that the topic met the relevant criteria which were mentioned in the Commission’s 2000 report. The Commission agreed with the recommendation of the Planning Group that the topic be included in the long-term programme of work. The preliminary outline presenting the topic was annexed to the report.
|
|
- 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 Working Group on the long-term programme of work was reconstituted with Mr. Pellet as Chair. The Working Group held two meetings and its Chair reported orally to the Planning Group. The Working Group intended to submit a full report together with the topics that it proposed for inclusion in the long-term programme of work at the end of the quinquennium.
|
- ILC Report, A/60/10, 2005, chap. XII(A)(3), para. 499
- 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 Working Group on the long-term programme of work was reconstituted with Mr. Pellet as Chair. The Working Group, during the quinquennium considered a number of topics, and requested members of the Working Group, other members of the Commission and the Secretariat to prepare drafts on those topics. The Working Group was guided by the recommendation of the Commission, at its forty-ninth session (1997), regarding the criteria for the selection of the topics. Bearing in mind such criteria, during the current quinquennium the Planning Group recommended and the Commission endorsed the inclusion of the following topics in the long-term programme of work of the Commission:
(a) The obligation to extradite or prosecute (aut dedere aut judicare);
(b) Immunity of State officials from foreign criminal jurisdiction;
(c) Jurisdictional immunity of international organizations;
(d) Protection of persons in the event of disasters;
(e) Protection of personal data in transborder flow of information;
(f) Extraterritorial jurisdiction.
- The syllabuses on the topics that have been recommended for inclusion in the long-term programme of work, except for the topic “the obligation to extradite or prosecute (aut dedere aut judicare)”, were annexed to the 2006 report. It was recalled, with respect to the topic “the obligation to extradite or prosecute (aut dedere aut judicare)”, that an interim report, together with a syllabus, was submitted during the Commission’s fifty-sixth session (2004) and its inclusion was recommended in the long-term programme of work. At the same session, the Commission agreed with the inclusion of this topic in its long-term programme of work.
- Regarding the topic “The Most-favoured-nation clause”, on which the Planning Group did not make a final recommendation, the Commission decided to seek the views of Governments as to the utility of further work by the Commission on this topic.
|
- ILC Report, A/61/10, 2006, chap. XIII (B)(1), paras. 256–261
- 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
- At its 1st meeting, held on 14 May 2007, the Planning Group decided to establish a Working Group on the Long-term Programme of Work for the quinquennium, chaired byMr. Enrique Candioti. The Working Group was to submit its final report at the end of the quinquennium. The Chair of the Working Group submitted an oral progress report to the Planning Group on 25 July 2007, noting, inter alia, that the Working Group had held four meetings during which it considered some possible topics, including a topic concerning “Subsequent agreement and practice with respect to treaties”, on the basis of a working paper prepared by Mr. G. Nolte.
- At its 2929th meeting, on 1 June 2007, the Commission decided to include on its programme of work the topic “Protection of persons in the event of disasters” and appointed Mr. Eduardo Valencia-Ospina as Special Rapporteur.
- At its 2940th meeting, on 20 July 2007, the Commission decided to include on its programme of work the topic “Immunity of State officials from foreign criminal jurisdiction” and appointed Mr. Roman A. Kolodkin as Special Rapporteur.
- At its 2929th meeting, on 1 June 2007, the Commission also established an open-ended Working Group on the Most-favoured-Nation clause under the Chairship of Mr. Donald McRae to examine the possibility of including the topic “Most-favoured-Nationclause” in its long-term programme of work. The Working Group held two meetings on 16 and 17 July 2007 and it had before it a working paper prepared by Mr. D.M. McRae and Mr. A.R. Perera. It concluded that the Commission could play a useful role in providing clarification on the meaning and effect of the most-favoured-nation clause in the field of investment agreements and was favourable to the inclusion of the topic. Such work was seen as building on the past work of the Commission on the most-favoured-nation clause. At its 2944th meeting, on 27 July 2007, the Commission considered the report of the Working Group and decided to refer it to the Planning Group.
|
- ILC Report, A/62/10, 2007, chap. X (A)(3) and (4), paras. 374–377
- 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)
|
- Report of the International Law Commission on the work of its sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
- At its 1st meeting, on 4 June 2008, the Planning Group decided to reconstitute the Working Group on the Long-term Programme of Work, under the Chairship of Mr. Enrique Candioti. At the same meeting, the Planning Group decided to refer to the Working Group for its consideration of the report of the Working Group on the most-favoured-nation clause. The Chair of the Working Group on the Long-term Programme of Work submitted an oral progress report to the Planning Group on 28 July 2008. The Working Group recommended the inclusion in the long-term programme of work of two topics, namely “Treaties over time” on the basis of a revised and updated proposal by Mr. G. Nolte and “The Most-Favoured-Nation clause” on the basis of the report of the 2007 Working Group chaired by Mr. D.M. McRae on the subject (A/CN.4/L.719). The syllabuses on the two topics were annexed to the report.
- The inclusion of the two topics in the programme of work of the Commission was proposed and the establishment, at the sixty-first session of the Commission, of study groups on the two topics was recommended.
- The Commission endorsed the recommendation for the inclusion of the two topics on the long-term programme of work.
|
- ILC Report, A/63/10, 2008, chap. XII(A)(4), paras. 351–352
- 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
- At its 1st meeting, on 4 June 2009, the Planning Group decided to reconstitute the Working Group on the Long-term Programme of Work, under the Chairship of Mr. Enrique Candioti. The Chair of the Working Group submitted an oral progress report to the Planning Group on 29 July 2009.
|
- ILC Report, A/64/10, 2009, chap. XIII.A.2, para.230
- 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
- At its 1st meeting, on 4 May 2010, the Planning Group decided to reconstitute the Working Group on the Long-term Programme of Work, under the Chairship of Mr. Enrique Candioti. The Planning Group took note of an oral progress report presented by the Chair of the Working Group to the Planning Group on 27 July 2010.
|
- ILC Report, A/65/10, 2010, chap. XIII.A.3, para.394
- 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)
|
- Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011
- At its 1st meeting, on 4 May 2011, the Planning Group decided to reconstitute the Working Group on the Long-term Programme of Work, under the Chairship of Mr. Enrique Candioti. The Chair of the Working Group submitted an oral report to the Planning Group on 3 August 2011, of which the Planning Group took note. The Planning Group recommended and the Commission endorsed the inclusion of the following topics in the long-term programme of work of the Commission:
(a) Formation and evidence of customary international law;
(b) Protection of the atmosphere;
(c) Provisional application of treaties;
(d) The fair and equitable treatment standard in international investment law;
(e) Protection of the environment in relation to armed conflicts.
- The syllabuses of the topics included by the Commission in its long-term programme of work at session were annexed to the report. It was felt that all those topics constituted useful contributions to the codification and progressive development of international law. Moreover, some of them ventured into fields which the Commission had not sufficiently considered so far (environment, humanitarian law).
|
- ILC Report, A/66/10, 2011, chap. XIII, paras. 365–369
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
|
- Report of the International Law Commission on the work of its sixty-fourth session, 7 May to 1 June and 2 July to 3 August 2012
- At its 1st meeting, on 22 May 2012, the Planning Group decided to establish a Working Group on the Long-term Programme of Work for the quinquennium, chaired by Mr. Donald M. McRae. The Chair of the Working Group submitted an oral progress report to the Planning Group on 24 July 2012, noting, inter alia, that the Working Group had held four meetings during which it considered some possible topics.
|
- ILC Report, A/67/10, 2012, chap. XII, para. 272
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/657)
|
- Report of the International Law Commission on the work of its sixty-fifth session, 6 May to 7 June and 8 July to 9 August 2013
- At its 3171st meeting, on 28 May 2013, the Commission decided to include the topic “Protection of the environment in relation to armed conflicts” in its programme of work and to appoint Ms. Marie G. Jacobsson as the Special Rapporteur for the topic.
- At its 3197th meeting, on 9 August 2013, the Commission decided to include the topic “Protection of the atmosphere” in its programme of work and to appoint Mr. Shinya Murase as the Special Rapporteur for the topic. The Commission included the topic in its programme on the understanding that: (a) Work on the topic will proceed in a manner so as not to interfere with relevant political negotiations, including on climate change, ozone depletion, and long-range transboundary air pollution. The topic will not deal with, but is also without prejudice to, questions such as: liability of States and their nationals, the polluter-pays principle, the precautionary principle, common but differentiated responsibilities, and the transfer of funds and technology to developing countries, including intellectual property rights; (b) The topic will also not deal with specific substances, such as black carbon, tropospheric ozone, and other dual-impact substances, which are the subject of negotiations among States. The project will not seek to “fill” gaps in the treaty regimes; (c) Questions relating to outer space, including its delimitation, are not part of the topic; (d) The outcome of the work on the topic will be draft guidelines that do not seek to impose on current treaty regimes legal rules or legal principles not already contained therein. The Special Rapporteur’s reports would be based on such understanding.
- At its 1st meeting, on 7 May 2013, the Planning Group decided to reconstitute for the current session the Working Group on the Long-term Programme of Work. Working Group recommended the inclusion in the long-term programme of work of the Commission of the topic “Crimes against humanity” on the basis of the proposal prepared by Mr. Sean D. Murphy.
- The Commission endorsed the recommendation for the inclusion of the topic “Crimes against humanity” in the long-term programme of work. The view was expressed that the consideration of the topic in the syllabus should have taken a broader perspective, including the coverage of all core crimes.
|
- ILC Report, A/68/10, 2013, chap. XII, paras. 167–170
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666)
|
- Report of the International Law Commission on the work of its sixty-sixth session 5 May–6 June and 7 July–8 August 2014
- At its 3227th meeting, on 18 July 2014, the Commission decided to include the topic “Crimes against humanity” in its programme of work and to appoint Mr. Sean D. Murphy as Special Rapporteur.
- At its 1st meeting, on 7 May 2014, the Planning Group decided to reconstitute for the current session the Working Group on the Long-term Programme of Work.
- The Working Group recommended the inclusion in the long-term programme of work of the Commission of the topic, “Jus cogens ”, on the basis of the proposal prepared by Mr. Dire D. Tladi. The Commission endorsed the recommendation for the inclusion of the topic in the long-term programme of work. The syllabus of the topic included by the Commission in its long-term programme of work at the session was annexed to the ILC report.
- The Working Group on the Long-term Programme of Work also considered its methods of work. It identified the need to conduct a systematic review of the work of the Commission and a survey of possible future topics for its consideration. It recalled in particular that since undertaking a systematic review of its work and developing an illustrative general scheme of topics in 1996, no similar exercise had been carried out in the ensuing years. Accordingly, the Working Group agreed to review and update the list of possible topics, using the 1996 list as a starting point for that purpose. To this end, the Working Group decided to recommend that the Commission request the Secretariat to review the 1996 list in the light of subsequent developments and prepare a list of potential topics for the Commission, accompanied by brief explanatory notes (“survey”), by the end of the present quinquennium. The Working Group also decided to recommend that extensive syllabuses on the list of topics prepared by the Secretariat be developed only once the Working Group established a final list of topics, possibly in 2016. In the meanwhile, the Working Group would continue to consider any topics that members may propose.
- The Commission endorsed the recommendation and consequently requested the Secretariat to review the 1996 list in the light of subsequent developments and prepare a list of potential topics (“survey”), accompanied by brief explanatory notes, by the end of the quinquennium.
|
- ILC Report, A/69/10, 2014, chap. XIV, paras. 266–272
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/678)
|
- Report of the International Law Commission on the work of its sixty-seventh session 4 May–5 June and 7 July–7 August 2015
- At its 3257th meeting, on 27 May 2015, the Commission decided to include the topic “Jus cogens” in its programme of work and to appoint Mr. Dire Tladi as the Special Rapporteur for the topic.
- At its 1st meeting, on 11 May 2015, the Planning Group decided to reconstitute for the current session the Working Group on the Long–term Programme of Work, under the Chairship of Mr. Donald M. McRae. The Chair of the Working Group submitted an oral progress report on the work of the Working Group at the current session to the Planning Group, at its 3rd meeting, on 30 July 2015.
|
- ILC Report, A/70/10, 2015, chap. XII, paras. 286–287
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/689)
|
- Report of the International Law Commission on the work of its sixty-eighth session, 2 May–10 June and 4 July–12 August 2016
- At its 1st meeting, on 3 June 2016, the Planning Group decided to reconstitute for the present session the Working Group on the Long-term Programme of Work, under the Chairship of Mr. Donald M. McRae. The Working Group submitted its report on the work of the quinquennium to the Planning Group, at its 4th meeting, on 29 July 2016.
- The Commission, on the recommendation of the Working Group, decided to recommend the inclusion of the following topics in the long-term programme of work of the Commission:
- The settlement of international disputes to which international organizations are parties; and
- Succession of States in respect of State responsibility.
- The Commission welcomed the two memorandums prepared by the Secretariat, and took note of the six potential topics as proposed by the Secretariat, namely (a) “General principles of law”; (b) “International agreements concluded with or between subjects of international law other than States or international organizations”; (c) “Recognition of States”; (d) “Land boundary delimitation and demarcation”; (e) “Compensation under international law”; and (f) “Principles of evidence in international law”. The Commission recommended that the six potential topics be further considered by the Working Group on the Long-term Programme of Work at the sixty-ninth session of the Commission (2017).
|
- ILC Report, A/71/10, 2016, chap. XIII, paras. 306–313
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/703)
|
- Report of the International Law Commission on the work of its sixty-ninth session, 1 May–2 June and 3 July–4 August 2017
- At its 2nd meeting, on 9 May 2017, the Planning Group decided to establish the Working Group on the Long-term Programme of Work, under the Chairship of Mr. Mahmoud D. Hmoud. The Chair of the Working Group presented an oral report on the work of the Working Group at the session to the Planning Group, at its 5th meeting, on 28 July 2017. The Planning Group took note of the oral report
- The Commission, on the recommendation of the Working Group, decided to recommend the inclusion of the following topics in the long-term programme of work of the Commission:
- general principles of law; and
- evidence before international courts and tribunals.
|
- ILC Report, A/72/10, 2017, chap. X, paras. 253–262
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/713)
|
- Report of the International Law Commission on the work of its seventieth session, 30 April–1 June and 2 July–10 August 2018
- At its 1st meeting, on 1 May 2018, the Planning Group decided to reconvene the Working Group on the long-term programme of work, with Mr. Mahmoud D. Hmoud as Chair. The Chair of the Working Group presented an oral report on the work of the Working Group at the session to the Planning Group, at its 2nd meeting, on 30 July 2018. The Planning Group took note of the oral report.
- The Commission, on the recommendation of the Working Group, decided to recommend the inclusion of the following topics in the long-term programme of work of the Commission: (a) Universal criminal jurisdiction; and (b) Sea-level rise in relation to international law.
|
- ILC Report, A/73/10, 2018, chap. XII, paras. 253–262
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/724)
|
- Report of the International Law Commission on the work of its seventy-first session, 29 April–7 June and 8 July–9 August 2019
- At its 1st meeting, on 24 May 2019, the Planning Group decided to reconvene the Working Group on the long-term programme of work, with Mr. Mahmoud D. Hmoud as Chair. The Chair of the Working Group presented an oral report on the work of the Working Group at the current session to the Planning Group, at its 2nd meeting, on 23 July 2019. The Planning Group took note of the oral report.
- The Commission, on the recommendation of the Working Group, decided to recommend the inclusion of the following topics in the long-term programme of work of the Commission: (a) Reparation to individuals for gross violations of international human rights law and serious violations of international humanitarian law; and (b) Prevention and repression of piracy and armed robbery at sea.
|
- ILC Report, A/74/10, 2019, chap. XI.D.1, paras. 289–291
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734)
|
- Report of the International Law Commission on the work of its seventy-second session, 26 April–4 June and 5 July–6 August 2021
- At its 1st meeting, on 29 April 2021, the Planning Group decided to reconvene the Working Group on the long-term programme of work, with Mr. Mahmoud D. Hmoud as Chair. The Chair of the Working Group presented an oral report on the work of the Working Group at the current session to the Planning Group, at its 5th meeting, on 27 July 2021. The Planning Group took note of the oral report.
- The Commission, on the recommendation of the Working Group, decided to recommend the inclusion of the topic “Subsidiary means for the determination of rules of international law” in the long-term programme of work of the Commission.
|
- ILC Report, A/76/10, 2021, chap. X.B.1, paras. 301–302
|
- Report of the International Law Commission on the work of its seventy-third session, 18 April to 3 June and from 4 July to 5 August 2022
- At its 3582nd meeting, on 17 May 2022, the Commission decided to include the topic “Settlement of international disputes to which international organizations are parties” in its programme of work and to appoint Mr. August Reinisch as Special Rapporteur. At the same meeting, the Chair of the Commission recalled paragraph 3 of the 2016 syllabus on the topic, which stated that “[i]t would be for future decision whether certain disputes of a private law character, such as those arising under a contract or out of a tortious act by or against an international organization, might also be covered”. Considering the importance of such disputes for the functioning of international organizations in practice, it was presumed that the Special Rapporteur and the Commission would take such disputes into account.
- The Commission, at the same meeting, decided to include the topic “Prevention and repression of piracy and armed robbery at sea” in its programme of work and to appoint Mr. Yacouba Cissé as Special Rapporteur.
- The Commission, also at the same meeting, decided to include the topic “Subsidiary means for the determination of rules of international law” in its programme of work and to appoint Mr. Charles Chernor Jalloh as Special Rapporteur.
- At its 1st meeting, on 1 June 2022, the Planning Group decided to reconvene the Working Group on the long-term programme of work, with Mr. Mahmoud D. Hmoud as Chair. The Chair of the Working Group presented an oral report on the work of the Working Group at the current session to the Planning Group, at its 2nd meeting, on 21 July 2022. The Planning Group took note of the oral report.
- The Commission noted that it had already recommended during the present term the inclusion of the following topics in its long-term programme of work: (a) General principles of law (2017), which was in the programme of work; (b) Evidence before international courts and tribunals (2017); (c) Universal criminal jurisdiction (2018); (d) Sea-level rise in relation to international law (2018), which wa also in the programme of work; (e) Reparation to individuals for gross violations of international human rights law and serious violations of international humanitarian law (2019); (f) Prevention and repression of piracy and armed robbery at sea (2019), included in the programme of work at the session; and (g) Subsidiary means for the determination of rules of international law (2021), also included in the programme of work at the session.
- The Commission, on the recommendation of the Working Group, decided to recommend the inclusion of the topic “Non-legally binding international agreements” in the long-term programme of work of the Commission.
- In the selection of the topic, the Commission was guided by its recommendation at its fiftieth session (1998) regarding the criteria for the selection of the topics, namely: (a) the topic should reflect the needs of States in respect of the progressive development and codification of international law; (b) the topic should be sufficiently advanced in stage in terms of State practice to permit progressive development and codification; and (c) the topic should be concrete and feasible for progressive development and codification. The Commission further agreed that it should not restrict itself to traditional topics, but could also consider those that reflect new developments in international law and pressing concerns of the international community as a whole. The Commission considered that the topic constituted a useful contribution to the progressive development of international law and its codification. The syllabus of the topic selected appeared as annex I to the 2022 report.
- The Commission recalled that five other topics remained inscribed in the long-term programme of work from previous quinquenniums, namely: (a) Ownership and protection of wrecks beyond the limits of national maritime jurisdiction; (b) Jurisdictional immunity of international organizations; (c) Protection of personal data in transborder flow of information; (d) Extraterritorial jurisdiction; and (e) The fair and equitable treatment standard in international investment law.
|
- ILC Report, A/77/10, 2022, chap. X.A and C.1, paras. 238–240 and 249 to 253
|
- 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 decided to include the topic “Non-legally binding international agreements” in its programme of work and to appoint Mr. Mathias Forteau as Special Rapporteur.
- Discussion in Plenary: 3656th (4 August 2023) meeting.
|
- ILC Report, A/78/10, 2023, chap. X.B, para. 249
|
- 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 decided to recommend the inclusion of the following topics in the long-term programme of work of the Commission: (a) compensation for the damage caused by internationally wrongful acts; and (b) due diligence in international law.
|
- ILC Report, A/79/10, 2024, chap. XI.C.1, para. 423
|
