70 Years of the International Law Commission, Its Future Role in the Changing Landscape of International Law and the Small-Developing States Nexus

Abstract

The International Law Commission (ILC) in its 70 illustrious years has been credited with its acclaimed pivotal role in the progressive development of international law and its codification. However, given that the principle of consensus underpins the progressive development of international law and its codification, how much of this process has involved and incorporated the perspectives and needs of Small and Developing States? In the immediate aftermath of commemorating the 70th Anniversary of the ILC, this paper measures the level of participation by Small and Developing Sates and examines the future role of the ILC through the lens of its relationship with the Sixth Committee of the United Nations General Assembly. It asserts that the envisioned symbiosis and optimal actualization of the extensive engagement principle in the progressively development of international law and its codification is being inhibited by the current working relationship between the ILC and the Sixth Committee, coupled with the lack of resources and capacity on the part of Small and Developing States.