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The Changing Form of the International Law Commission’s Work

  • Jacob Katz Cogan (a1)

Extract

Sean Murphy’s report on the sixty-fifth session of the International Law Commission (ILC) describes and analyzes the Commission’s activities and decisions from last summer. He focuses his attention, as the Commission did, on the draft articles proposed by the Special Rapporteurs on the topics “immunity of state officials from criminal jurisdiction” and “the protection of persons in the event of disaster,” as well as the Special Rapporteur’s reported draft conclusions on the topic “subsequent agreements and subsequent practice in relation to the interpretation of treaties.” Consideration of these proposals took up a significant amount of the Commission’s time, and they will garner much commentary inside and outside governments, as befits their importance.

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Copyright

References

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1 Murphy, Sean D., Immunity Ratione Personae of Foreign Government Officials and Other Topics: The Sixty-Fifth Session of the International Law Commission , 108 AJIL 41 (2014).

2 Statute of the Int’l Law Comm’n, G. A. Res. 174 (II) (Nov. 21, 1947).

3 Murphy, Sean D., Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC’s Work Product, in Responsibility of International Organizations 29 (Ragazzi, Maurizio ed., 2013).

4 Draft articles on the Law of Treaties: Text as Finally Adopted by the Commission, 21 U.N. GAOR, 21st Sess. Supp. No. 9, at 1, U.N. Doc. A/6309/Rev. 1(1966), reprinted in [1966] 2 Y.B. Int’l L. Comm’n 177, U.N. Doc. A/CN.4/190.

5 Int’l Law Comm’n, Draft articles on Jurisdictional Immunities of States and their Property. Titles and texts adopted by the Drafting Committee on second reading: article 1 to 23, U.N. Doc. A/CN.4/SR.2218 to SR.2221 (1991), reprinted in [1991] 1 Y.B. Int’l L. Comm’n 66, U.N. Doc. A/CN.4/L.457.

6 Rep. of the Int’l Law Comm’n, 53d Sess., Apr. 23-June 1, July 2-Aug. 10, 2001, U.N. Doc. A/56/10; GAOR, 56th Sess., Supp. No. 10 (2001).

7 Caron, David D., The ILC Articles on State Responsibility: The Paradoxical Relationship Between Form And Authority, 96 AJIL 857 (2002).

8 Rep. of the Int’l Law Comm’n, 63d Sess., Apr. 26-June 3, July 4-Aug. 12, 2011, U.N. Doc. A/66/10; GAOR, 66th Sess., Supp. No. 10 (2011).

9 Id.

10 Rep. of the Int’l Law Comm’n, 60th Sess., May 5- June 6, July 7-Aug. 8, 2008, U.N. Doc. A/63/10; GAOR, 63d Sess., Supp. No. 10 (2008).

11 Rep. of the Int’l Law Comm’n, 58th Sess., May 1-June 9, July 3-Aug. 11, 2006, U.N. Doc. A/61/10; GAOR, 61st Sess., Supp. No. 10 (2006).

12 Rep. of the Int’l Law Comm’n, 65th Sess., May 6-June 7, July 8-Aug. 9, 2013, U.N. Doc. A/68/10; GAOR, 68th Sess., Supp. No. 10 (2013).

13 Id.

14 Cumberland, Emily, Call for Papers: “The End of Treaties? An Online Agora”, 108 AJIL Unbound (Feb. 2014), available at http://www.asil.org/blogs/call-papers-end-treaties-online-agora .

15 Murphy, Sean D., Deconstructing Fragmentation: Koskenniemi’s 2006 ILC Project, 27 Temp. Int’l & Comp. L.J. 293 (2013).

The Changing Form of the International Law Commission’s Work

  • Jacob Katz Cogan (a1)

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