International Law Commission's Articles Research Articles

The ILC Articles on State Responsibility: The Paradoxical Relationship Between Form and Authority

The adoption by the International Law Commission (ILC) in 2001 of its articles on state responsibility is an achievement that presents a paradox. This essay is about the form and authority of the articles, and the paradox that they could have more influence as an ILC text than as a multilateral treaty. The essay addresses the questions of the appropriate authority to be given an ILC text, why undue influence may be attributed to an ILC text (particularly by arbitral tribunals), and how an arbitral tribunal should approach interpreting and applying the articles on state responsibility.

The contribution of the International Law Commission to international water law: does it reverse the flight from substance?

In 1994, the International Law Commission (ILC) adopted the Draft Articles on the Law of the Non-Navigational Uses of International Watercourses. Having been favourably reviewed by the General Assembly of the United Nations, these Articles now form the negotiating text for a global treaty on international water law. The fate of this treaty remains uncertain. But irrespective of the results of the negotiations, the text formulated by the ILC may become an authoritative source of citations for States, scholars and other actors involved in disputes over water scarcity, and is therefore likely to have a determinative influence on the development of international water law. For this reason a critical examination of the ILC Articles is imperative.