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 |
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1.2 |
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1.3 | Most-favoured-nation clause (Part One)
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Most-favoured-nation clause (Part Two)
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1.4 | Ways and means for making the evidence of customary international law more readily available
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1.5 |
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1.6 | Reservations to multilateral conventions
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1.7 | Review of the multilateral treaty-making process
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1.8 |
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1.9 |
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1.10 | Effects of armed conflicts on treaties
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1.11 | Subsequent agreements and subsequent practice in relation to interpretation of treaties
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1.12 | Provisional application of treaties
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1.13 | Identification of customary international law
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1.14 | Peremptory norms of general international law (Jus cogens)
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Topics under consideration
1.15 |
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1.16 | Subsidiary means for the determination of rules of international law
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Subjects of International Law
Topics discontinued
2.1 | Fundamental rights and duties of States
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Succession of States
Topics commenced and sub-divided
3.1 | Succession of States and Governments
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Topics completed
3.2 | Succession of States in respect to treaties
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3.3 | Succession of States in respect of matters other than treaties
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3.4 | Nationality in relation to the succession of States
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Topics under consideration
3.5 | Succession of States in respect of State responsibility
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State Jurisdiction/Immunity from Jurisdiction
Topics completed
4.1 | Jurisdictional immunities of States and their property
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Topics under consideration
4.2 | Immunity of State officials from foreign criminal jurisdiction
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Law of International Organizations
Topics completed
5.1 | Representation of States in their relations with international organizations
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See also: Responsibility of international organizations
Topics discontinued
5.2 | Status, privileges and immunities of international organizations, their officials, experts, etc.
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Position of the Individual in International Law
Topics completed
6.1 | Nationality including statelessness
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6.3 | Protection of persons in the event of disasters
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See also: Expulsion of aliens
Topics not pursued further
6.2 |
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International Criminal Law
Topics completed
7.1 | Formulation of the Nürnberg Principles
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7.2 | Question of international criminal jurisdiction
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7.3 | Draft code of offences against the peace and security of mankind (Part I)
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7.4 | Draft code of crimes against the peace and security of mankind (Part II) — including the draft statute for an international criminal court
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7.6 | Obligation to extradite or prosecute (aut dedere aut judicare)
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7.7 |
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Topics under consideration
7.8 | Prevention and repression of piracy and armed robbery at sea |
Topics commenced and incorporated elsewhere
7.5 |
See also: Immunity of State officials from foreign criminal jurisdiction
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
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8.3 | Law of the non-navigational uses of international watercourses
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8.5 | Shared natural resources (Law of Transboundary Aquifers)
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8.7 | Protection of the environment in relation to armed conflicts
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8.8 |
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Topics discontinued
8.4 | Juridical régime of historic waters, including historic bays
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8.6 | Shared natural resources (oil and gas)
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Topics under consideration
8.9 | Sea-level rise in relation to international law
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Law of International Relations
Topics commenced and sub-divided
9. |
Topics completed
9.1 | Diplomatic intercourse and immunities
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9.2 | Consular intercourse and immunities
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9.3 |
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9.4 |
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9.5 | Status of the diplomatic courier and the diplomatic bag not accompanied by the diplomatic courier
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9.6 |
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9.7 |
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9.8 |
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9.9 |
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9.10 |
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9.11 | Responsibility of international organizations
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9.12 |
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See also: Succession of States in respect of State responsibility
Settlement of Disputes
Topics completed
10.1 |
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Topics under consideration
10.3 | Settlement of international disputes to which international organizations are parties
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