Report of the International Law Commission on the Work of Its 58th Session

A/RES/61/34No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 78Report of the International Law Commission on the work of its 58th session, published in 2006.

What other versions does this mandate have?

27 versions · 1953–2025

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

2025A/RES/80/164Report of the International Law Commission on the work of its 76th sessionLatestCompare with previous version
2024A/RES/79/121Report of the International Law Commission on the work of its 75th sessionCompare with previous version
2023A/RES/78/108Report of the International Law Commission on the work of its 74th sessionCompare with previous version
2019A/RES/73/265Report of the International Law Commission on the work of its 70th sessionCompare with previous version
2017A/RES/72/116Report of the International Law Commission on the work of its 69th sessionCompare with previous version

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Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2007.

2007A/62/87Strengthening of the coordination of emergency humanitarian assistance of the United Nations report of the Secretary-General

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What does this mandate say?

30 operative paragraphs

Takes note of the report of the International Law Commission on the work of its fifty-eighth 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-eighth session, in particular for the following accomplishments:

The completion of the second reading of the draft articles on diplomatic protection;

The completion of the second reading of the draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities under the topic “International liability for injurious consequences arising out of acts not prohibited by international law (International liability in case of loss for transboundary harm arising out of hazardous activities)”;

The completion of the first reading of the draft articles on the law of transboundary aquifers under the topic “Shared natural resources”;

The completion of the work on “Unilateral acts of States” by the adoption of the Guiding Principles applicable to unilateral declarations of States capable of creating legal obligations;

The completion by its Study Group of the report and the conclusions on the topic “Fragmentation of international law: difficulties arising from diversification and expansion of international law”;

Takes note of the Guiding Principles applicable to unilateral declarations of States capable of creating legal obligations under the topic “Unilateral acts of States”, contained in paragraph 176 of the report of the International Law Commission1 and commends their dissemination;

Also takes note of the forty-two conclusions of the Commission’s Study Group on the topic “Fragmentation of international law: difficulties arising from diversification and expansion of international law”, contained in paragraph 251 of the report of the International Law Commission, together with the analytical study on which they were based;

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 identified in chapter III of its report, including in particular on the draft articles and commentaries on the law of transboundary aquifers;

Invites Governments to provide to the International Law Commission, as requested in chapter III of its report, information on legislation and practice regarding the topic “The obligation to extradite or prosecute (aut dedere aut judicare)”;

Takes note of the decision of the International Law Commission to include five topics in its long-term programme of work;

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 270 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 7 May to 8 June and from 9 July to 10 August 2007;

Welcomes the enhanced dialogue between the International Law Commission and the Sixth Committee at the sixty-first 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-second 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 271 to 274 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, envisages a meeting during its fifty-ninth session with United Nations experts in the field of human rights, including representatives from human rights treaty bodies, in order to hold a discussion on issues relating 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 262 to 267 of its report, and reaffirms its previous decisions concerning the documentation and summary records of the Commission;

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

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-first 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-second session of the General Assembly commence on 29 October 2007.

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Report of the International Law Commission on the Work of Its 58th Session

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