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Discussion on the inclusion of the topic in the programme of work, the debate in the topic in the Sixth Committee of the UN General Assembly, the scope and outcome of the topic, methodology, previous work of the Commission on subsidiary means, the nature and function of sources in the international legal system, consideration of the drafting history of article 38, paragraph 1(d), of the Statute of the International Court of Justice, textual analysis of article 38, paragraph 1(d), of the Statute of the international Court of Justice, additional subsidiary means for the determination of rules of international law, and conclusion and future programme of work. Proposals for five draft conclusions: on the scope of the conclusions, categories of subsidiary means for the determination of rules of law, criteria for the assessment of subsidiary means for the determination of rules of law, decisions of courts and tribunals, and teachings.
- First report of the Special Rapporteur, Mr. Charles Chernor Jalloh (74th session of the ILC (2023))
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- Consideration of the functions of subsidiary means for the determination of rules of international law, including in the drafting history of article 38, paragraph 1(d), of the Statute of the international Court of Justice, the practice of the International Court of Justice and other international tribunals, and scholarly writings concerning the functions of subsidiary means. General nature of precedent in domestic and international adjudication. Article 38, paragraph 1 (d), and its relationship to Article 59 of the Statute of the International Court of Justice, Article 59 of the Statute of the International Court of Justice, precedent and the link to the rights of third States. Proposals for draft conclusions 6 (Nature and function of subsidiary means), 7 (Absence of a rule of precedent in international law international courts or tribunals) and 8 (Persuasive value of decisions of courts and tribunals).
- Second report of the Special Rapporteur, Mr. Charles Chernor Jalloh (75th session of the ILC (2024))
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- Follow up to the views on the second report of the Special Rapporteur, and the debate in the Sixth Committee on the work on draft conclusions 1 to 8 with commentaries. Analysis of the meaning and place of teachings in determining rules of international law, their classification, and the weight to be given to them. Analysis of the outputs and pronouncements of private expert groups, and of State-created or State-empowered expert bodies. Analysis of the use of resolutions of international organizations and intergovernmental conferences and the weight to be given to them. Consideration of the question of unity and coherence of international law. Analysis of the relationship between subsidiary means for the determination of rules of law and supplementary means of interpretation of treaties. Consideration of the future programme of work.
- Third report of the Special Rapporteur, Mr. Charles Chernor Jalloh (76th session of the ILC (2025))
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- 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 (A/CN.4/760), as well as a memorandum by the Secretariat providing information on previous work of the Commission that could be of relevance to the future work of the Commission (A/CN.4/759). The first report addressed, inter alia, the scope of the topic and the main issues to be addressed in the course of the work of the Commission, the drafting history of Article 38, paragraph 1 (d) of the Statute of the International Court of Justice and the previous work of the Commission related to subsidiary means.
- Following the debate in plenary, the Commission decided to refer draft conclusions 1, 2, 3, 4 and 5, as presented in the first report, to the Drafting Committee, taking into account the comments made in plenary.
- The Commission received the report of the Drafting Committee on the consolidated text of draft conclusions 1 to 3, provisionally adopted by the Drafting Committee (A/CN.4/L.985), and provisionally adopted draft conclusions 1, 2 and 3, together with commentaries.
- Furthermore, the Commission took note of draft conclusions 4 and 5, provisionally adopted by the Drafting Committee at the present session, which was contained in an additional report of the Committee (A/CN.4/L.985/Add.1).
- Discussion in Plenary: 3625th, 3626th, 3627th, 3628th, 3629th, 3630th, 3631st and 3632nd meetings (16 to 25 May 2023), 3633rd (26 May 2023), 3635th (3 July 2023), 3642nd (21 July 2023) and 3651st, 3652nd, 3653rd, 3654th, 3655th, 3656th and 3657th (31 July to 4 August 2023 meetings.
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- ILC Report, A/78/10, 2023, chap. VII, paras. 59–127
- 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)
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- 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.4/769). The Commission also had before it the memorandum it had requested from the Secretariat identifying elements in “the case law of international courts and tribunals, and other bodies, which would be particularly relevant for its future work on the topic” (A/CN.4/765).
- Following the debate in plenary, the Commission decided to refer draft conclusions 6, 7and 8, as contained in the second report, to the Drafting Committee, taking into account the views expressed in the plenary debate.
- The Commission, having considered the report of the Drafting Committee on the topic at its seventy-fourth session (A/CN.4/L.985/Add.1), provisionally adopted draft conclusions 4 and 5, as orally revised.
- Upon consideration of the report of the Drafting Committee at the seventy-fifth session (A/CN.4/L.999) the Commission also provisionally adopted draft conclusions 6, 7 and 8.
- Discussion in Plenary: 3663rd, 3664th, 3665th, 3666th and 3667th (9 to 15 May), 3661st (2 May 2024), and 3693rd, 3694th, 3695th, 3696th, 3697th, 3698th and 3699th (25 to 31 July 2024) meetings.
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- ILC Report, A/79/10, 2024, chap. V, paras. 64–75
- 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)
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- 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.4/781) with the bibliography thereto (A/CN.4/781/Add.1).
- The Commission considered the report at its 3712th to 3717th meetings, from 12 to 19 May 2025.
- At its 3717th meeting, on 19 May 2025, the Commission decided to refer draft conclusions 9, 10, 11, 12 and 13, as presented in the third report, to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission also referred the draft conclusions adopted at previous sessions back to the Drafting Committee for the purpose of finalizing the first reading.
- At its 3727th meeting, on 30 May 2025, the Commission received and took note of the report of the Drafting Committee containing draft conclusions 1 to 13 (A/CN.4/L.1019), as provisionally adopted by the Drafting Committee on first reading at the present session.
- Discussion in Plenary: 3712th, 3713th, 3714th, 3715th, 3716th and 3717th (12 to 19 May 2025), and 3726th, 3727th and 3728th (29 to 30 May 2025) meetings.
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- ILC Report, A/80/10, 2025, chap. VII, paras. 285–357
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- 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, Subsidiary means for the determination of rules of international law.
- Took note of the decision of the International Law Commission to include the topic…“Subsidiary means for the determination of rules of international law” 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 “Subsidiary means for the determination of rules of international law”.
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- 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)
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- Resolution 78/108 of 7 December 2023
- 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:…(b) Subsidiary means for the determination of rules of international law;
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- 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)
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