International Law Commission

Last update: August 3, 2021

Analytical Guide to the Work of the International Law Commission

2017 recommendation of the Working-Group on the long-term programme of work (see syllabus: A/72/10)
2018 decision to include the topic in its programme of work

72nd session of the International Law Commission (2021)
- Memorandum prepared by the Secretariat

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Discussion on the scope and outcome of the topic and methodological approach. Description of previous work of the Commission. Question of the development of general principles of law over time. Consideration of the elements and origins of general principle of law. Proposals for three draft conclusions.
- First report of the Special Rapporteur, Mr. Marcelo Vázquez-Bermúdez (71st session of the ILC (2019))

Discussion of the identification of general principles of law in the sense of Article 38, paragraph 1(c), of the Statute of the International Court of Justice. Proposal for six draft conclusions on: identification of general principles of law derived from national legal systems, determination of the existence of a principle common to the principal legal systems of the world, ascertainment of transposition to the international legal system, identification of general principles of law formed within the international legal system, decisions of courts and tribunals, and teachings of the most highly qualified publicists.
- Second report of the Special Rapporteur, Mr. Marcelo Vázquez-Bermúdez (72nd session of the ILC (2021))

71st session of the International Law Commission (2019) Interim report by the Chair of the Drafting Committee
72nd session of the International Law Commission (2021) Texts and titles of draft conclusions 1, 2, 4 and 5 provisionally adopted by the Drafting Committee Statement of the Chair of the Drafting Committee	A/CN.4/L.955 + Add.1

72nd session of the International Law Commission (2021)
- Information submitted by: Australia, Belarus, the Netherlands and the Russian Federation.

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Report of the International Law Commission on the work of its seventy-first session, 29 April–7 June and 8 July–9 August 2019
- The Commission had before it the first report of the Special Rapporteur (A/CN.4/732).
- The Commission considered the report at its 3488th to 3494th meetings, from 23 to 30 July 2019.
- At its 3494th meeting, on 30 July 2019, the Commission decided to refer draft conclusions 1 to 3, as contained in the Special Rapporteur’s first report, to the Drafting Committee, taking into account the views expressed in the plenary.
- At its 3503rdmeeting, on 7 August 2019, the Chair of the Drafting Committee presented an interim oral report of the Drafting Committee on draft conclusion 1, provisionally adopted by the Drafting Committee. The report was presented for information only.
- At its 3507thmeeting, on 9 August 2019, the Commission requested the Secretariat to prepare a memorandum surveying the case law of inter-State arbitral tribunals and international criminal courts and tribunals of a universal character, as well as treaties, which would be particularly relevant for its future work on the topic.
Discussion in Plenary: 3488th, 3489th, 3490th, 3491st, 3492nd, 3493rd, 3494th (from 23 to 30 July 2019), 3503rd (7 August 2019) and 3507th (9 August 2019) meetings.

ILC Report, A/74/10, 2019, chap. IX, paras. 202–262
See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734)

Resolution 74/186 of 18 December 2019 Drew the attention of Governments to the importance for the International Law Commission of having their views by 31 December 2019 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 general principles of law.	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)
Resolution 75/135 of 15 December 2020 Drew the attention of Governments to the importance for the International Law Commission of having their views by 31 December 2020 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, including general principles of law.	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/Add.1)

Work in progress