International Law Commission International Law Commission

Last update: July 7, 2025

Analytical Guide to the Work of the International Law Commission

Non-legally binding international agreements

See also: Summary | Texts and Instruments

Mandate

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

None

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Discussion on the objective, scope and form of outcome of the topic, as well as definitional issues. Consideration of previous work of the Commission related to the topic and of other international entities. Initial overview of available material from international practice, jurisprudence and doctrine. Identification of questions to be examined in the study of the topic. Discussion of the programme of work.
    • First report of the Special Rapporteur, Mr. Mathias Forteau (75th session of the ILC (2024))
  • ILC Report, A/79/10, 2024, chap. VIII, paras. 215–300

 
  • The report follows the Special Rapporteur’s first report and reflects the discussions held in 2024 in the Commission and then in the Sixth Committee of the General Assembly. Consideration of general aspects of the topic, its purpose, the terminology used, the scope of the project, the form of the outcome, and the matters to be reserved to a without prejudice clause. Analysis of the distinction between treaties and non-legally binding international agreements based on an analysis of jurisprudence, practice, and doctrine. Analysis of situations where express indicators suggest the binding nature of the instrument and indicators that could be relevant in the absence of an express indication of the binding nature of the instrument. The report also reflects on the organization and schedule of work on the topic.
    • Second report of the Special Rapporteur, Mr. Mathias Forteau (76th session of the ILC (2025))

Reports of the Drafting Committee

None

Comments by Governments

 

Other

None

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 decided to include the topic 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
  • 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)
  • ILC Report, A/79/10, 2024, chap. VIII, paras. 215–300
  • 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 second report of the Special Rapporteur (A/CN.4/784).
    • Owing to the reduction of the length of the present session, the Commission was unable to consider the second report of the Special Rapporteur in the 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 second 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 3725th (29 May 2025) meetings.
  • ILC Report, A/80/10, 2025, chap. IX, paras. 377–399

General Assembly Action

  • Resolution 79/121 of 4 December 2024
    • 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) Non-legally binding international agreements
  • 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)

Final Outcome

Work in progress