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March 6, 2011
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Texts, instruments and final reports
last update: 21 April 2009

Under article 20 of its Statute (English) (French), 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.

1. 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

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

1.9 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

Topics under consideration

1.8 Reservations to treaties

In progress

1.10 Effects of armed conflicts on treaties

In progress

1.11 Treaties over time

In progress

1.3 Most-favoured-nation clause (Part Two)

In progress

2. 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

3. 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 with 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 Succession of States with respect to nationality/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
4. 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

5. 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

6. 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

Topics not pursued further

6.2 Right of asylum

None

Topics under consideration

6.3 Protection of persons in the event of disasters

In progress

See too:
Expulsion of aliens
7. 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

Topics commenced and incorporated elsewhere

7.5 Question of defining aggression 1

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

Topics under consideration

7.6 Obligation to extradite or prosecute (aut dedere aut judicare)

In progress

See too:
Immunity of State officials from foreign criminal jurisdiction

8. Law of International Spaces

Topics completed
8.1 and 8.2 Law of the sea - régime of the high seas & 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

Topics discontinued
8.4 Juridical régime of historic waters, including historic bays

None

Topics under consideration

8.6 Shared natural resources (Oil and gas)

In progress

9. Law of International Relations

Topics commenced and subdivided

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

Topics under consideration

9.11 Responsibility of international organizations
In progress

9.12 Expulsion of aliens

In progress

10. Settlement of Disputes

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