8. Viability of the ILC’s Articles Formulated on the Basis of the Articles on State Responsibility

Abstract

As a subsidiary organ of the General Assembly, the International Law Commission (ILC) has the task of formulating basic documents for codification in the form of draft articles. The Statute of the Commission, in its articles 15 to 18, distinguishes 'progressive development of international law' from 'codification of international law' and sets out different procedures. The Commission concluded the second reading of the draft articles on the responsibility of international organization in 2011. There are differences between State responsibility and the responsibility of international organizations in at least two respects. The first one is that, unlike the unified reality of States, there are various kinds of international organizations, even though this, in itself, did not require a significant departure from the articles on State responsibility. The second difference is that additional rules are required to deal with the responsibility of the member States for internationally wrongful acts of international organizations. Keywords: International Law Commission (ILC); state responsibility