International Law Commission

Succession of States in respect of State responsibility (Summary | Analytical Guide)

The Commission established a Working Group on the topic, chaired by Mr. August Reinisch, in order to consider the way forward in relation to the topic. Upon receiving the oral report of the Working Group, the Commission took note of the Working Group’s recommendations, inter alia, that the Commission should not proceed with the appointment of a new Special Rapporteur, and that the Working Group should be re-established at the seventy-fifth session with a view to undertaking further reflection, and making a recommendation, on the way forward for the topic (chap. IX of the 2023 ILC report).

See also: Comments by Governments

General principles of law (Summary | Analytical Guide)

The Commission received and considered the report of the Drafting Committee (A/CN.4/L.982), following the completion by the Drafting Committee of the first reading of the draft conclusions on the topic. The Commission adopted, on first reading, 11 draft conclusions on general principles of law, together with commentaries thereto. The Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft conclusions, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December 2024 (chap. IV of the 2023 ILC report).

See also: statement of the Chair of the Drafting Committee

See also: Comments by Governments

Sea-level rise in relation to international law (Summary | Analytical Guide)

The Commission reconstituted the Study Group on sea-level rise in relation to international law. The Study Group had before it the additional paper to the first issues paper (A/CN.4/761 and Add.1), prepared by two of the Co-Chairs of the Study Group, Mr. Bogdan Aurescu and Ms. Nilüfer Oral, which addressed the following issues and principles: meaning of “legal stability” in relation to sea-level rise, with a focus on baselines and maritime zones; immutability and intangibility of boundaries; fundamental change of circumstances (rebus sic stantibus); effects of the potential situation whereby overlapping areas of the exclusive economic zones of opposite coastal States, delimited by bilateral agreement, no longer overlap; effects of the situation whereby an agreed land boundary terminus ends up being located out at sea; principle that “the land dominates the sea”; historic waters, title and rights; equity; permanent sovereignty over natural resources; possible loss or gain of benefits by third States; nautical charts and their relationship to baselines, maritime boundaries and the safety of navigation; and relevance of other sources of law. The Study Group had an exchange of views on the additional paper, with a focus on the preliminary observations prepared by the Co-Chairs. It also held a discussion on the future programme of work on the topic (chap. VIII of the 2023 ILC report).

The Commission welcomed any information that States, international organizations and other relevant entities could provide on their practice, as well as other pertinent information concerning sea-level rise in relation to international law, and reiterated its requests made in chapter III of its reports on the work of its seventy-first (2019), seventy second (2021) and seventy-third (2022) sessions.

At the seventy-fifth session (2024), the Study Group will focus on the subject of sea-level rise in relation to statehood and protection of persons affected by sea-level rise. In this connection, the Commission reiterated that it would appreciate receiving the following information, or any updates to information already submitted, by 1 December 2023:

• in relation to the subtopic of statehood, information on the practice of States, international organizations and other relevant entities, and other pertinent information concerning:
  • appraisals and/or practice on the requirements for the configuration of a State as a subject of international law and for the continuance of its existence in the context of the phenomenon of sea-level rise;
  • appraisals and/or practice regarding the nature of the territory of a State, including therein the land surface and the jurisdictional maritime zones, particularly in the context of the sea-level rise;
  • practice related to the protection of the rights of peoples and communities, as well as to the preservation of their identity, that may contribute with elements or be considered by analogy when addressing the phenomenon of sea-level rise;
  • practice regarding measures of a different nature adopted by States in relation to sea-level rise in order to provide for their conservation and with respect to international cooperation on the subject;
• in relation to the subtopic on protection of persons affected by sea-level rise, information on the practice of States, international organizations and other relevant entities, as well as other pertinent information concerning:
  • measures relating to risk reduction specific to the mitigation of the adverse impacts of sea-level rise;
  • human rights implications of the adverse impacts of sea-level rise;
  • regulation of the displacement of persons affected by sea-level rise;
  • prevention of statelessness arising from the displacement of persons affected by sea-level rise;
  • international cooperation regarding humanitarian assistance to persons affected by sea-level rise.

See also: Comments by Governments

Settlement of disputes to which international organizations are parties (Summary | Analytical Guide)

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. 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” (chap. V of the 2023 ILC report).

See also: statement of the Chair of the Drafting Committee

Prevention and repression of piracy and armed robbery at sea (Summary | Analytical Guide)

The Commission had before it the first report of the Special Rapporteur (A/CN.4/758), which discussed the historical, socioeconomical and legal aspects of the topic; reviewed the national legislation and judicial practice of States concerning the definition of piracy and the implementation of conventional and customary international law; and discussed the future programme of work on the topic. The Commission also had before it a memorandum prepared by the Secretariat providing elements in the previous work of the Commission that could be particularly relevant for its future work on the topic and the views expressed by States; as well as information on resolutions adopted by the Security Council and by the General Assembly relevant to the topic (A/CN.4/757). Following the debate in plenary, the Commission decided to refer draft articles 1, 2 and 3, as contained in the first report of the Special Rapporteur, to the Drafting Committee, taking into account the views expressed in the plenary debate. The Commission considered the report of the Drafting Committee (A/CN.4/L.984) on the topic and provisionally adopted draft articles 1 to 3, which had been provisionally adopted by the Drafting Committee at the present session. An open-ended Working Group under the chairpersonship of Ms. Nilüfer Oral was established to assist the Special Rapporteur in the preparation of the draft commentaries to draft articles 1 to 3. The Working Group held one meeting, on 18 July 2023 (chap. VI of the 2023 ILC report).

The Commission considered as still relevant the request for information on the topic “Prevention and repression of piracy and armed robbery at sea” contained in chapter III of the report of its seventy-third session (2022) and welcomed any additional information, by 1 December 2023, concerning:

• the legislation, case law and practice of States relevant to the topic, including in relation to articles 100 to 107 of the United Nations Convention on the Law of the Sea;
• the agreements entered into by States under which persons accused of piracy or armed robbery at sea are transferred with a view to prosecution; and
• the role of international, regional and subregional organizations regarding the prevention and repression of acts of piracy and armed robbery at sea.

See also: statement of the Chair of the Drafting Committee

See also: Comments by Governments

Subsidiary means for the determination of rules of international law (Summary | Analytical Guide)

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) (chap. VII of the 2023 ILC report).

The Commission considered as still relevant the request for information on the topic “Subsidiary means for the determination of rules of international law” contained in chapter III of the report of its seventy-third session (2022) and also welcomed any updates to information already submitted pursuant to such request, by 1 February 2024, concerning:

• decisions of national courts, legislation and any other relevant practice at the domestic level that draw upon judicial decisions and the teachings of the most highly qualified publicists of the various nations in the process of determination of rules of international law, namely: international conventions, whether general or particular; international custom, as evidence of a general practice accepted as law; and the general principles of law recognized by the community of nations;
• statements made in international organizations, international conferences and other forums, including pleadings before international courts and tribunals, concerning subsidiary means for the determination of rules of international law.

See also: statements of the Chair of the Drafting Committee (draft conclusions 1 to 3) (draft conclusions 4 and 5)

See also: Comments by Governments

Cooperation with other bodies

• The Vice-President of the Inter-American Juridical Committee, Mr. George Rodrigo Bandeira Galindo, addressed the Commission, at the 3636th meeting, held on 4 July 2023. An exchange of views followed.
• The Chair of the African Union Commission on International Law, Prof. Hajer Gueldich, and the General Rapporteur of the African Union Commission on International Law, Prof. Kevin Ferdinand Ndjimba, addressed the Commission, at the 3637th meeting, held on 6 July 2023.  An exchange of views followed.
• The Chair of the Committee of Legal Advisers on Public International Law (CAHDI), Ambassador Helmut Tichy, and the Legal Adviser to the Council of Europe, Mr. Jörg Polakiewicz, addressed the Commission, at the 3638th meeting, held on 13 July 2023.  An exchange of views followed.
• The President of the International Court of Justice, Judge Joan E. Donoghue, addressed the Commission, at the 3639th meeting, held on 18 July 2023.  An exchange of views followed.
• The Secretary-General of the Asian-African Legal Consultative Organization, Mr. Kamalinne Pinitpuvadol, addressed the Commission, at the 3640th meeting, held on 18 July 2023. An exchange of views followed.

Other business

• The Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Miguel de Serpa Soares, made a statement at the 3622nd meeting, held on 11 May 2023, informing the Commission of the activities of the Office of Legal Affairs and recent developments of international law in the context of the United Nations. An exchange of views followed.
• 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 (chap. X, sect. B of the 2023 ILC report).
• The Commission decided to hold a seventy-fifth anniversary commemorative event during its seventy-fifth session in Geneva in 2024. The Commission also agreed that during the first part of the seventy-fifth session there should be a solemn meeting of the Commission to which dignitaries, and representatives of the host Government should be invited, and one and a half days of meetings with legal advisers of Ministries of Foreign Affairs dedicated to the work of the Commission. Moreover, Member States, in association with regional organizations, professional associations, academic institutions and members of the Commission concerned, were to be encouraged to convene national or regional meetings, which would be dedicated to the work of the Commission (chap. X, sect. D of the 2023 ILC report).
• The Commission recommended the possible convening of the first part of its annual session in New York in 2026, subject to availability of conference servicing and other resources, and in that regard, it requested the Secretariat to proceed with the necessary administrative and organizational arrangements to facilitate such convening (chap. X, sect. D of the 2023 ILC report)

Date and place of the seventy-fifth session

• The Commission decided that its seventy-fifth session would be held in Geneva from 15 April to 31 May and from 1 July to 2 August 2024.