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The International Law Commission at a Crossroad

Publication at Faculty of Law |
2023

Abstract

The UN International Law Commission (ILC) is a subsidiary body of the UN General Assembly, which has, as its mandate, to conduct studies in view of the progressive development of international law and its codification. These two tasks, different but interrelated, result from Article 13(1) of the UN Charter and Article 15 of the Statute of the ILC.2 The Commission has a long and glorious history.

It contributed greatly to the codification and development of international law. In the past, it contributed mainly through its draft articles that became later multilateral conventions.

Such codification conventions cover a vast area of contemporary international law. This form of outcomes of the ILC work corresponds to the method of 'codification by convention,' which was, for long, the most important and typical.

However, during the past two or more decades, States do not seem to be interested in legally binding codification instruments. This is perhaps because many important areas of general international law have been already codified.

The reluctance of States to adopt conventions based on draft articles adopted by the Commission has also influenced the methods of work of the ILC.