Legal Definitions - International Law Commission

The International Law Commission is a specialized body established by the United Nations in 1947. Its primary mission is to promote the systematic organization (codification) and the ongoing evolution (progressive development) of international law. Composed of independent legal experts from around the world, the Commission researches various aspects of international law and drafts proposed treaties, legal principles, and guidelines. These drafts often serve as the foundation for international conventions that states can then adopt, transforming them into binding international law.

• Example 1: Clarifying State Responsibility for Harmful Actions

  Imagine a situation where one country's actions, such as building a dam that significantly reduces water flow to a downstream neighbor, cause substantial economic harm to that neighboring country. The question arises: under what conditions can the damaged country hold the first country legally accountable under international law? The International Law Commission has extensively studied and drafted articles on the Responsibility of States for Internationally Wrongful Acts. These articles clarify when a state's conduct is considered a breach of international law and what the legal consequences are. This work exemplifies the ILC's role in codifying existing customary international law and progressively developing new principles to address complex modern issues of state accountability, even though the articles themselves are not a treaty, they are highly influential in international legal practice.

• Example 2: Defining Diplomatic Protection for Citizens Abroad

  Consider a scenario where a citizen of Country A is unjustly detained or mistreated by the authorities of Country B while traveling abroad. Country A might want to intervene on behalf of its citizen to ensure their rights are respected. The concept of diplomatic protection allows a state to take up the claim of its national against another state. The International Law Commission has drafted articles on Diplomatic Protection, outlining the precise conditions under which a state can exercise this right, such as the nationality of the claimant and the requirement that the individual must have exhausted all available legal remedies in the host state. This work helps to systematize and clarify an important area of international law, providing clear guidelines for states on how to protect their citizens abroad, showcasing both codification and development.

• Example 3: Establishing Rules for Shared Natural Resources

  Picture two countries that share a vast underground water source, an aquifer, which is vital for both their populations and agriculture. Without clear rules, one country might overuse or pollute the aquifer, causing severe environmental and economic harm to the other. The International Law Commission has worked on the Draft Articles on the Law of Transboundary Aquifers. This initiative addresses how states should cooperate in managing and protecting shared groundwater resources, an area where traditional international law was less developed. This demonstrates the ILC's function in the progressive development of international law, creating new legal frameworks for emerging global challenges like the sustainable use and protection of shared natural resources.