Sixth Committee (Legal) — 76th session
Report of the International Law Commission on the work of its seventy-second session (Agenda item 82)
Documentation
- 2021 ILC Report
- A/C.6/76/L.16 — Draft resolution "Report of the International Law Commission on the work of its seventy-second session"
- A/C.6/76/L.15 — Draft resolution "Protection of the atmosphere"
- A/C.6/76/L.13 — Draft resolution "Provisional application of treaties"
Summary of work
Background (source: A/76/100)
At its second session, the General Assembly, under the agenda item entitled “Establishment of an International Law Commission”, resolved to establish the International Law Commission, with a view to giving effect to Article 13, paragraph 1 (a), of the Charter of the United Nations and with the objective of promoting the progressive development of international law and its codification (resolution 174 (II)). The statute of the Commission, annexed to resolution 174 (II) (subsequently amended in resolutions 485 (V), 984 (X), 985 (X) and 36/39), provides that the Commission should submit reports to the Assembly.
At its fourth session, the Assembly adopted the resolution entitled “Approval of part I of the report of the International Law Commission covering its first session” (resolution 373 (IV)). The Assembly had the item entitled “Report of the International Law Commission on the work of its … session” on its agenda at its sixth, seventh and twelfth to eighteenth sessions and has had the item on its agenda annually since its twentieth session (resolutions 601 (VI), 683 (VII), 1185 (XII), 1290 (XIII), 1399 (XIV), 1504 (XV), 1686 (XVI), 1765 (XVII), 1902 (XVIII), 2045 (XX), 2167 (XXI), 2272 (XXII), 2400 (XXIII), 2501 (XXIV), 2634 (XXV), 2780 (XXVI), 2926 (XXVII), 3071 (XXVIII), 3315 (XXIX), 3495 (XXX), 31/97, 32/151, 33/139, 34/141, 35/163, 36/113, 36/114, 37/111, 37/112, 38/138, 39/85, 40/75, 41/81, 42/156, 43/169, 44/35, 44/36, 45/41, 46/54, 46/55, 47/33, 48/31, 49/51 to 49/53, 50/45, 51/160, 52/156, 53/102, 54/111, 54/112, 55/152, 56/82, 56/83, 57/21, 58/77, 59/41, 60/22, 61/34 to 61/36, 62/66, 63/123, 63/124, 64/114, 65/26, 66/98 to 66/100, 67/92, 68/111, 68/112, 69/118, 69/119, 70/236, 71/140, 71/141, 72/116, 73/202, 73/203, 73/265, 74/186 and 75/135 and decision 74/545).
At its seventy-fifth session, the Assembly allocated the item entitled “Report of the International Law Commission on the work of its seventy-second session” to the Sixth Committee, where statements in the debate were made by 25 delegations (see A/C.6/75/SR.13 and 19). The Assembly decided that the postponed seventy-second session of the International Law Commission would be held at the United Nations Office at Geneva from 26 April to 4 June and from 5 July to 6 August 2021. The Assembly recommended that the debate on the report of the Commission at the seventy-sixth session of the Assembly commence on 25 October 2021 (resolution 75/135).
Consideration at the seventy-sixth session
The Sixth Committee considered the item at its 16th to 25th meetings, and at its 29th meeting, from 25 to 29 October, from 1 to 3 November and on 18 November 2021. The views of the representatives who spoke during the Committee’s consideration of the item are reflected in the relevant summary records (See A/C.6/76/SR.16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 29).
The Chair of the International Law Commission at the seventy-second session introduced [in English] the report of the Commission on the work of that session at the 16th meeting, on 25 October, and the Committee considered the report in three clusters, namely: cluster I (chapters I to V and X, namely Other decisions and conclusions of the Commission, Protection of the atmosphere and Provisional application of treaties) at its 16th to 19th meetings, from 25 to 28 October; cluster II (chapters VI and IX, namely Immunity of State officials from foreign criminal jurisdiction and Sea-level rise in relation to international law) at its 19th to 23rd meetings, from 28 October to 2 November; and cluster III (chapters VII and VIII, namely Succession of States in respect of State responsibility and General principles of law) at its 23rd to 25th meetings, on 2 and 3 November.
Statements were made by the representatives of Algeria (I | II | III), Antigua and Barbuda (on behalf of the Alliance of Small Island States (AOSIS)), Argentina (I | II), Australia (I | II | III), Austria (I | II | III), Belarus (I | II | III), Brazil (I | II | III), Bulgaria, Cameroon (I | II | III), Canada [in English], Chile (I | II | III), China (I | II | III), Colombia (I | II), Costa Rica, Côte d’Ivoire, Croatia, Cuba (I | II | III), Cyprus, the Czech Republic (I | II | III), Denmark (also on behalf of Finland, Iceland, Norway and Sweden (Nordic countries)), Ecuador, Egypt (I | II | III), El Salvador (I | II | III), Estonia (II | III), the European Union (I | II) (the candidate countries the Republic of North Macedonia, Montenegro, Serbia and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia, aligned themselves with the statements), Fiji (on behalf of the Pacific Islands Forum), France (I | II), Germany (I | II | III), Ghana (on behalf of the African Group), Greece (I | II | III), Hungary (I | II), Iceland (also on behalf of Denmark, Finland, Norway and Sweden (Nordic countries)), India (I | II | III), Indonesia (I | II), Iran (Islamic Republic of) (I | II | III), Ireland (I | II | III), Israel (I | II | III), Italy (I | II | III), Jamaica, Japan (I | II | III), Jordan, Kenya, Latvia (I (also on behalf of Estonia and Lithuania) | II | III), Lebanon, Liechtenstein, Malaysia (I | II | III), the Maldives, Mexico (I | II | III), Micronesia (Federated States of) (I | II | III), the Netherlands (I | II | III), New Zealand (I | II | III), Niger, Papua New Guinea, Paraguay, Peru (I | III), the Philippines (I | II | III), Poland (I | II | III), Portugal (I | II | III), the Republic of Korea (I | II | III), Romania (I | II | III), the Russian Federation (I | II | III), Samoa (on behalf of the Pacific Small Island Developing States), Senegal, Serbia, Sierra Leone (I | II | III), Singapore (I | II), Slovakia (I | II | III), Slovenia (I | II | III), Solomon Islands, South Africa (I | II | III), Spain (II [in English] | III [in English]), Sri Lanka (I | II | III), Sweden (also on behalf of Denmark, Finland, Iceland and Norway (Nordic Countries)), Switzerland (I | II), Thailand (I | II | III), Tonga, Turkey (I | II | III), Tuvalu, Uganda, the United Kingdom of Great Britain and Northern Ireland (I | II | III), the United States of America (I | II | III) and Viet Nam (I | II | III).
Statements were also made by the observer of the Holy See (II, III).
The Special Rapporteur on the topic “Provisional application of treaties”, Mr. Juan Manuel Gómez-Robledo; the Special Rapporteur on the topic “Immunity of State officials from foreign criminal jurisdiction”, Ms. Concepción Escobar Hernández; the co-Chair of the Study Group on the topic “Sea-level rise in relation to international law”, Ms. Nilüfer Oral; and the Special Rapporteur on the topic “General principles of law”, Mr. Marcelo Vázquez-Bermúdez, made some remarks.
The Chair of the International Law Commission at the seventy-second session made some concluding remarks.
A summary of the discussions on this agenda item may be found in the Topical summary of the discussion held in the Sixth Committee of the General Assembly, during its seventy-sixth session, prepared by the Secretariat.
Archived videos and summaries of plenary meetings
16th meeting (25 October 2021, 10:00am – 1:00pm) | Summary
17th meeting (26 October 2021, 3:00pm – 6:00pm) | Summary
18th meeting (27 October 2021, 10:00am – 1:00pm) | Summary
19th meeting (28 October 2021, 3:00pm – 6:00pm) | Summary
20th meeting (29 October 2021, 10:00am – 1:00pm) | Summary
21st meeting (29 October 2021, 3:00pm – 6:00pm) | Summary
22nd meeting (1 November 2021, 10:00am – 1:00pm) | Summary
23rd meeting (2 November 2021, 10:00am – 1:00pm) | Summary
24th meeting (3 November 2021, 10:00am – 1:00pm) | Summary
25th meeting (3 November 2021, 3:00pm – 6:00pm) | Summary
29th meeting (18 November 2021, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 29th meeting, on 18 November, the representative of Peru, on behalf of the Bureau, introduced a draft resolution entitled “Report of the International Law Commission on the work of its seventy-second session” (A/C.6/76/L.16). At the same meeting, the Committee adopted draft resolution A/C.6/76/L.16 without a vote.
Also at the 29th meeting, on 18 November, the representative of Greece, on behalf of the Bureau, introduced a draft resolution entitled “Protection of the atmosphere” (A/C.6/76/L.15). At the same meeting, the Committee adopted draft resolution A/C.6/76/L.15 without a vote.
Also at the 29th meeting, on 18 November, the representative of Colombia, on behalf of the Bureau, introduced [in English] a draft resolution entitled “Provisional application of treaties” (A/C.6/76/L.13). At the same meeting, the Committee adopted draft resolution A/C.6/76/L.13 without a vote.
Under the draft resolution entitled “Report of the International Law Commission on the work of its seventy-second session”, the General Assembly would, inter alia, express its appreciation to the Commission for the work accomplished at its seventy-second session, and recommend that it continue its work on the topics in its current programme, taking into account the comments and observations of Governments. Furthermore, the General Assembly would decide that the next session of the Commission be held at United Nations Office at Geneva from 18 April to 3 June and from 4 July to 5 August 2022.
Under the draft resolution entitled “Protection of the atmosphere”, the General Assembly would, inter alia, welcome the conclusion of the work of the International Law Commission on the protection of the atmosphere and its adoption of the draft preamble and guidelines on the protection of the atmosphere and commentaries thereto, and also take note of the preamble and guidelines on the protection of the atmosphere, the text of which would be annexed to the resolution, with the commentaries thereto, bring them to the attention of States, international organizations and all who may be called upon to deal with the subject, and encourage their widest possible dissemination.
Under the draft resolution entitled “Provisional application of treaties”, the General Assembly would, inter alia, welcome the conclusion of the work of the International Law Commission on the provisional application of treaties, and its adoption of the draft guidelines and draft annex constituting the Guide to Provisional Application of Treaties, and the commentaries thereto, and also take note of the Guide to Provisional Application of Treaties, including the guidelines, the text of which is annexed to the present resolution, bring the Guide to the attention of States and international organizations for their consideration, and encourage its widest possible dissemination. The Assembly would also request the Secretary-General to prepare a volume of the United Nations Legislative Series compiling the practice of States and international organizations in the provisional application of treaties, as furnished by the latter over the years, together with other materials relevant to the topic.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-seventh session (2022).
