Abstract:
In 2018, the International Law Commission (ILC) celebrated its 70th
anniversary. In this commemorative year, the Commission had a
number of topics on its agenda. It completed, on second reading, draft
conclusions on the identification of customary international law and draft
conclusions on subsequent practice in relation to treaty interpretation.
These two topics are of particular importance because of their systemic
influence on international law. The Commission also completed, on first
reading, the draft guidelines on the protection of the atmosphere and
the draft guidelines on the provisional application of treaties. Other
topics considered by the Commission include peremptory norms of
general international law (jus cogens), immunity of state officials from
foreign criminal jurisdiction and the protection of the environment in
relation to armed conflict. The Commission also considered the topic on
succession of states in respect of state responsibility. In other decisions,
the Commission placed on its agenda the topic of general principles
of law. The Commission also included two topics on its long-term
programme of work, namely universal criminal jurisdiction and sea-level
rise in international law. The topics on the agenda of the Commission
reflect the broad spectrum of issues, ranging from classical international
law topics such as customary international law, treaties and jus cogens
to more contemporary topics such as sea-level rise and the protection of
the atmosphere. This range suggests that the Commission is attempting
to integrate the new and the old into its work.
