Report of the International Law Commission on the Work of Its 59th Session

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 82 Report of the International Law Commission on the work of its 59th session, published in 2008.

What other versions does this mandate have?

27 versions · 1953–2025

This is an older version — the most recent is A/RES/80/164

Year	Symbol	Title	Word length	Text similarity
2025	A/RES/80/164	Report of the International Law Commission on the work of its 76th session	3,121	76%Compare
2024	A/RES/79/121	Report of the International Law Commission on the work of its 75th session	2,857	85%Compare
2023	A/RES/78/108	Report of the International Law Commission on the work of its 74th session	2,747	65%Compare
2019	A/RES/73/265	Report of the International Law Commission on the work of its 70th session	2,790	80%Compare
2017	A/RES/72/116	Report of the International Law Commission on the work of its 69th session	2,421	74%Compare

Which reports were submitted under this mandate?

2 reports · 2007–2009

Year	Symbol	Title		Mandate resolution
2009	A/64/283	Assistance to special rapporteurs of the International Law Commission report of the Secretary-General		A/RES/63/123
2007	A/62/87	Strengthening of the coordination of emergency humanitarian assistance of the United Nations report of the Secretary-General		A/RES/61/34

What’s in this document?

34 operative paragraphs

Takes note of the report of the International Law Commission on the work of its fifty-ninth session,1 and recommends that the Commission continue its work on the topics in its current programme, taking into account the comments and observations of Governments, whether submitted in writing or expressed orally in debates in the General Assembly;

Expresses its appreciation to the International Law Commission for the work accomplished at its fifty-ninth session;

Draws the attention of Governments to the importance for the International Law Commission of having their views on the various aspects involved in the topics on the agenda of the Commission, in particular on all the specific issues identified in chapter III of its report,⁴ regarding:

⁴Official Records of the General Assembly, Sixty-second Session, Supplement No. 10 (A/62/10), paras. 23–32.

Reservations to treaties;

Shared natural resources;

Expulsion of aliens;

Responsibility of international organizations;

The obligation to extradite or prosecute (aut dedere aut judicare);

Invites Governments, within the context of paragraph 3 above, to provide information to the International Law Commission regarding practice with regard to the topics “Expulsion of aliens” and “The obligation to extradite or prosecute (aut dedere aut judicare)”;

Reiterates its invitation to Governments, within the context of chapter III of the 2005 report of the International Law Commission, to provide information to the Commission regarding State practice, in particular more contemporary practice on the topic “Effects of armed conflicts on treaties”;⁵

⁵Ibid., Sixtieth Session, Supplement No. 10 (A/60/10), para. 25.

Draws the attention of Governments to the importance for the International Law Commission of having their comments and observations by 1 January 2008 on the draft articles and commentaries on the law of transboundary aquifers adopted on first reading by the Commission at its fifty-eighth session;⁶

⁶Ibid., Sixty-first Session, Supplement No. 10 (A/61/10), paras. 75 and 76.

Takes note of the decision of the International Law Commission to include the topics “Protection of persons in the event of disasters” and “Immunity of State officials from foreign criminal jurisdiction” in its programme of work;⁷

⁷Ibid., Sixty-second Session, Supplement No. 10 (A/62/10), paras. 375 and 376.

Invites the International Law Commission to continue taking measures to enhance its efficiency and productivity and to consider making proposals to that end;

Encourages the International Law Commission to continue taking cost-saving measures at its future sessions without prejudice to the efficiency of its work;

Takes note of paragraph 399 of the report of the International Law Commission, and decides that the next session of the Commission shall be held at the United Nations Office at Geneva from 5 May to 6 June and from 7 July to 8 August 2008;

Welcomes the enhanced dialogue between the International Law Commission and the Sixth Committee at the sixty-second session of the General Assembly, stresses the desirability of further enhancing the dialogue between the two bodies, and in this context encourages, inter alia, the continued practice of informal consultations in the form of discussions between the members of the Sixth Committee and the members of the Commission attending the sixty-third session of the Assembly;

Encourages delegations, during the debate on the report of the International Law Commission, to adhere as far as possible to the structured work programme agreed to by the Sixth Committee and to consider presenting concise and focused statements;

Encourages Member States to consider being represented at the level of legal adviser during the first week in which the report of the International Law Commission is discussed in the Sixth Committee (International Law Week) to enable high-level discussions on issues of international law;

Requests the International Law Commission to continue to pay special attention to indicating in its annual report, for each topic, any specific issues on which expressions of views by Governments, either in the Sixth Committee or in written form, would be of particular interest in providing effective guidance for the Commission in its further work;

Takes note of paragraphs 400 to 405 of the report of the International Law Commission with regard to cooperation with other bodies, and encourages the Commission to continue the implementation of article 16, paragraph (e), and article 26, paragraphs 1 and 2, of its statute in order to further strengthen cooperation between the Commission and other bodies concerned with international law, having in mind the usefulness of such cooperation;

Notes that the International Law Commission, in accordance with article 25, paragraph 1, of its statute, held a meeting during its fifty-ninth session with United Nations and other experts in the field of human rights, including representatives from human rights treaty bodies, and exchanged views on issues relating to reservations to human rights treaties;

Also notes that consulting with national organizations and individual experts concerned with international law may assist Governments in considering whether to make comments and observations on drafts submitted by the International Law Commission and in formulating their comments and observations;

Reaffirms its previous decisions concerning the indispensable role of the Codification Division of the Office of Legal Affairs of the Secretariat in providing assistance to the International Law Commission;

Approves the conclusions reached by the International Law Commission in paragraphs 387 to 395 of its report;

Also approves the conclusions reached by the International Law Commission in paragraphs 382 and 383 of its report, and reaffirms its previous decisions concerning the documentation and summary records of the Commission;⁸

⁸See resolutions 32/151, para. 10, and 37/111, para. 5, and all subsequent resolutions on the annual reports of the International Law Commission to the General Assembly.

Takes note of paragraph 385 of the report of the International Law Commission and, without prejudice to the importance of ensuring necessary allocations in the regular budget, requests the Secretary-General to establish a trust fund to accept voluntary contributions so as to address the backlog relating to the Yearbook of the International Law Commission;

Also takes note of the Guidelines on the publication of documents of the International Law Commission, as endorsed by the Commission in paragraph 381 of its report;

Further takes note of paragraphs 396 and 397 of the report of the International Law Commission and encourages legal advisers to participate in the commemorative meeting envisaged for the sixtieth anniversary to be held in Geneva on 19 and 20 May 2008, and invites Member States, in association with existing regional organizations, professional associations, academic institutions and members of the Commission, to convene national or regional meetings, which would be dedicated to the work of the Commission;

Notes with appreciation the expansion of the website of the International Law Commission⁹ to include all its documentation, and welcomes the continuous efforts of the Codification Division to maintain and improve the website;

⁹www.un.org/law/ilc.

Expresses the hope that the International Law Seminar will continue to be held in connection with the sessions of the International Law Commission and that an increasing number of participants, in particular from developing countries, will be given the opportunity to attend the Seminar, and appeals to States to continue to make urgently needed voluntary contributions to the United Nations Trust Fund for the International Law Seminar;

Requests the Secretary-General to provide the International Law Seminar with adequate services, including interpretation, as required, and encourages him to continue considering ways to improve the structure and content of the Seminar;

Also requests the Secretary-General to forward to the International Law Commission, for its attention, the records of the debate on the report of the Commission at the sixty-second session of the General Assembly, together with such written statements as delegations may circulate in conjunction with their oral statements, and to prepare and distribute a topical summary of the debate, following established practice;

Requests the Secretariat to circulate to States, as soon as possible after the conclusion of the session of the International Law Commission, chapter II of its report containing a summary of the work of that session, chapter III containing the specific issues on which the views of Governments would be of particular interest to the Commission and the draft articles adopted on either first or second reading by the Commission;

Recommends that the debate on the report of the International Law Commission at the sixty-third session of the General Assembly commence on 27 October 2008.

Report of the International Law Commission on the Work of Its 59th Session

Who adopted this document and its mandates?

What other versions does this mandate have?

Which reports were submitted under this mandate?

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What’s in this document?

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