International Law Commission

Last update: August 9, 2023

Texts, Instruments and Final Reports

Under article 20 of its Statute, the Commission is required to prepare drafts in the form of articles and to submit them to the General Assembly together with a commentary containing an adequate presentation of precedents and other relevant data, including treaties, judicial decisions and doctrine; as well as conclusions defining the extent of agreement on each point in the practice of States and in doctrine, and divergencies and disagreements which exist, as well as arguments invoked in favour of one or another solution.

Upon receiving comments from Governments on its draft articles, the Commission prepares a final draft and explanatory report, which it submits with its recommendations to the General Assembly (article 22 of its Statute). The Commission may recommend to the General Assembly: (a) to take no action, the report having already been published; (b) to take note of or adopt the report by resolution; (c) to recommend the draft to Members with a view to the conclusion of a convention; or (d) to convoke a conference to conclude a convention (article 23, paragraph 1).

Since its establishment, the International Law Commission has prepared and submitted a number of final reports, in some cases, together with draft texts, some of which (as indicated) were adopted as international conventions or other instruments.

Select the respective topic from the following list, organized according to the outline adopted in the Report on the Long-Term Programme of Work in 1996 (reproduced in Annex II of the Report of the International Law Commission, A/51/10). Instruments concluded under the auspices of the United Nations on the basis of prior drafts prepared by the Commission are indicated in italics.

Sources of International Law

Topics completed

1.1	Law of treaties Draft articles on the Law of Treaties with commentaries, 1966 Vienna Convention on the Law of Treaties, 1969
1.2	Treaties concluded between States and international organizations or between two or more international organizations Draft articles on the law of treaties between States and international organizations or between international organizations with commentaries, 1982 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986
1.3	Most-favoured-nation clause (Part One) Draft Articles on Most-Favoured-Nation Clauses with commentaries, 1978
	Most-favoured-nation clause (Part Two) Summary conclusions, 2015 Final report of the Study Group, 2015
1.4	Ways and means for making the evidence of customary international law more readily available Report submitted by the Commission, 1950
1.5	Extended participation in general multilateral treaties concluded under the auspices of the League of Nations Report submitted by the Commission, 1963
1.6	Reservations to multilateral conventions Report submitted by the Commission, 1951
1.7	Review of the multilateral treaty-making process Report of the Working Group on review of the multilateral treaty-making process, endorsed by the Commission and transmitted to the Secretary-General for inclusion in his report, 1979
1.8	Reservations to treaties Guide to Practice on Reservations to Treaties, 2011
1.9	Fragmentation of international law: difficulties arising from the diversification and expansion of international law Conclusions of the work of the Study Group on the Fragmentation of International Law: Difficulties arising from the Diversification and Expansion of International Law, 2006
1.10	Effects of armed conflicts on treaties Draft articles on the effects of armed conflicts on treaties, 2011
1.11	Subsequent agreements and subsequent practice in relation to interpretation of treaties Draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties, 2018
1.12	Provisional application of treaties Guide to Provisional Application of Treaties, 2021
1.13	Identification of customary international law Draft conclusions on identification of customary international law, 2018
1.14	Peremptory norms of general international law (Jus cogens) Draft conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens), 2022

Topics under consideration

1.15	General principles of law In progress
1.16	Subsidiary means for the determination of rules of international law In progress
1.17	Non-legally binding international agreements In progress

Subjects of International Law

Topics discontinued

2.1	Fundamental rights and duties of States Draft Declaration on Rights and Duties of States with commentaries, 1949

Succession of States

Topics commenced and sub-divided

3.1	Succession of States and Governments Subdivided into three topics: succession of States with respect to treaties, succession of States in respect of matters other than treaties and succession in respect of membership of international organizations.

Topics completed

3.2	Succession of States in respect to treaties Draft articles on Succession of States in respect of Treaties with commentaries, 1974 Vienna Convention on Succession of States in respect of Treaties, 1978
3.3	Succession of States in respect of matters other than treaties Draft articles on Succession of States in respect of State Property, Archives and Debts with commentaries, 1981 Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983
3.4	Nationality in relation to the succession of States Draft articles on nationality of natural persons in relation to the succession of States with commentaries, 1999

Topics under consideration

3.5	Succession of States in respect of State responsibility In progress

State Jurisdiction/Immunity from Jurisdiction

Topics completed

4.1

Jurisdictional immunities of States and their property

Draft Articles on Jurisdictional Immunities of States and Their Property with commentaries, 1991
General Assembly resolution 59/38 of 2 December 2004
United Nations Convention on Jurisdictional Immunities of States and their property, 2004

Topics under consideration

4.2	Immunity of State officials from foreign criminal jurisdiction In progress

Law of International Organizations

Topics completed

5.1

Representation of States in their relations with international organizations

Draft articles on the Representation of States in their Relations with International Organizations with commentaries, 1971
Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character, 1975

Topics discontinued

5.2	Status, privileges and immunities of international organizations, their officials, experts, etc. None

Position of the Individual in International Law

Topics completed

6.1	Nationality including statelessness Draft Convention on the Elimination of Future Statelessness, 1954 Draft Convention on the Reduction of Future Statelessness, 1954 Report on Present Statelessness, 1954 Convention on the Reduction of Statelessness, 1961
6.3	Protection of persons in the event of disasters Draft articles on the Protection of persons in the event of disasters, 2016

See also: Expulsion of aliens

Topics not pursued further

6.2	Right of asylum None

International Criminal Law

Topics completed

7.1	Formulation of the Nürnberg Principles Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal with commentaries, 1950
7.2	Question of international criminal jurisdiction None
7.3	Draft code of offences against the peace and security of mankind (Part I) Draft Code of Offences against the Peace and Security of Mankind with commentaries, 1954
7.4	Draft code of crimes against the peace and security of mankind (Part II) — including the draft statute for an international criminal court Draft Statute for an International Criminal Court with commentaries, 1994 Annex. Crimes pursuant to treaties (see art.20, subpara. (e)), 1994 Appendix I. Possible Clauses of a Treaty to Accompany the Draft Statute, 1994 Appendix II. Relevant Treaty Provisions Mentioned in the Annex (see art. 20, subpara. (e)), 1994 Appendix III. Outline of Possible Ways whereby a Permanent International Criminal Court may Enter into Relationship with the United Nations, 1994 Draft Code of Crimes against the Peace and Security of Mankind with commentaries, 1996 Rome Statute of the International Criminal Court, 1998
7.6	Obligation to extradite or prosecute (aut dedere aut judicare) Final Report of the Working Group, 2014
7.7	Crimes against humanity Draft articles on prevention and punishment of crimes against humanity, 2019

Topics under consideration

7.8	Prevention and repression of piracy and armed robbery at sea

Topics commenced and incorporated elsewhere

7.5	Question of defining aggression Incorporated into the topic draft code of offences against the peace and security of mankind (Part I).

Law of International Spaces

Topics completed

8.1 & 8.2	Law of the sea — régime of the high seas and régime of the territorial sea Articles concerning the Law of the Sea with commentaries, 1956 Convention on the Territorial Sea and the Contiguous Zone, 1958 Convention on the High Seas, 1958 Convention on Fishing and Conservation of the Living Resources of the High Seas, 1958 Convention on the Continental Shelf, 1958 Optional Protocol of Signature concerning the Compulsory Settlement of Disputes, 1958
8.3	Law of the non-navigational uses of international watercourses Draft articles on the law of the non-navigational uses of international watercourses with commentaries and resolution on transboundary confined groundwater, 1994 Resolution on Confined Transboundary Groundwater, 1994 Convention on the Law of the Non-navigational Uses of International Watercourses, 1997
8.5	Shared natural resources (Law of Transboundary Aquifers) Draft articles on the law of transboundary aquifers, 2008
8.7	Protection of the environment in relation to armed conflicts Draft principles on protection of the environment in relation to armed conflicts, 2022
8.8	Protection of the atmosphere Draft guidelines on the protection of the atmosphere, 2021

Topics discontinued

8.4	Juridical régime of historic waters, including historic bays None
8.6	Shared natural resources (oil and gas) None

Topics under consideration

8.9	Sea-level rise in relation to international law In progress

Law of International Relations

Topics commenced and sub-divided

9.	International liability for injurious consequences arising out of acts not prohibited by international law Sub-divided into prevention of transboundary damage from hazardous activities, and international liability in case of loss from transboundary harm arising out of hazardous activities.

Topics completed

9.1	Diplomatic intercourse and immunities Draft Articles on Diplomatic Intercourse and Immunities with commentaries, 1958 Vienna Convention on Diplomatic Relations, 1961 Optional Protocol concerning Acquisition of Nationality, 1961 Optional Protocol concerning the Compulsory Settlement of Disputes, 1961
9.2	Consular intercourse and immunities Draft Articles on Consular Relations with commentaries, 1961 Vienna Convention on Consular Relations, 1963 Optional Protocol concerning Acquisition of Nationality, 1963 Optional Protocol concerning the Compulsory Settlement of Disputes, 1963
9.3	Special missions Draft Articles on Special Missions with commentaries, 1967 Convention on Special Missions, 1969 Optional Protocol concerning the Compulsory Settlement of Disputes, 1969
9.4	Question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law Draft articles on the prevention and punishment of crimes against diplomatic agents and other internationally protected persons with commentaries, 1972 General Assembly resolution 3166 (XXVIII) of 14 December 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973
9.5	Status of the diplomatic courier and the diplomatic bag not accompanied by the diplomatic courier Draft Articles on the Status of the Diplomatic Courier and the Diplomatic Bag Not Accompanied by Diplomatic Courier with commentaries, 1989 Draft Optional Protocol One on the Status of the Courier and the Bag of Special Missions with commentaries, 1989 Draft Optional Protocol Two on the Status of the Courier and the Bag of International Organizations of a Universal Character with commentaries, 1989
9.6	State responsibility Draft Articles on Responsibility of States for Internationally Wrongful Acts with commentaries, 2001
9.7	International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities) Draft Articles on Prevention of Transboundary Harm from Hazardous Activities with commentaries, 2001
9.8	Diplomatic protection Draft Articles on Diplomatic Protection, 2006
9.9	Unilateral acts of States Guiding Principles applicable to unilateral declarations of States capable of creating legal obligations, 2006
9.10	International liability for injurious consequences arising out of acts not prohibited by international law (international liability in case of loss from transboundary harm arising out of hazardous activities) Draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities, 2006
9.11	Responsibility of international organizations Draft articles on the responsibility of international organizations, 2011
9.12	Expulsion of aliens Draft articles on the expulsion of aliens, 2014

Settlement of Disputes

Topics completed

10.1	Arbitral procedure Model Rules on Arbitral Procedure with a general commentary, 1958

Topics under consideration

10.3	Settlement of disputes to which international organizations are parties In progress