Summaries of the Work of the International Law Commission
Settlement of international disputes to which international organizations are parties
See also: Analytical Guide | Texts and Instruments
At its sixty-eighth session, in 2016, the Commission included the topic “The settlement of international disputes to which international organizations are parties” in its long-term programme of work.1 A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.2
The General Assembly, in resolution 71/140 of 13 December 2016, took note of the inclusion of the topic in the long-term programme of work of the Commission.
At its seventy-third session, in 2022, the International Law Commission decided to include the topic "Settlement of international disputes to which international organizations are parties" in its programme of work, on the basis of the recommendation of the Working Group on the long-term programme of work. The Commission decided to appoint Mr. August Reinisch as Special Rapporteur for the topic.3
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”, was recalled.4 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.5 The Commission also requested the Secretariat to prepare a memorandum providing information on the practice of States and international organizations which may be of relevance to its future work on the topic, including both international disputes and disputes of a private law character.6
The work of the Commission on the topic as described above has been proceeding in accordance with the resolutions adopted by the General Assembly under the item relating to the report of the International Law Commission.7
1 See Yearbook of the International Law Commission, 2016, vol. II (Part Two), para. 308.
3 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 10 (A/77/10), para. 238.
4 See Yearbook of the International Law Commission, 2016, vol. II (Part Two), Annex I, p. 233.
5 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 10 (A/77/10), para. 238.
7 General Assembly resolution 77/103 of 7 December 2022.