In: Max Planck Yearbook of United Nations Law Online
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Abstract
The International Law Commission (ILC) has rarely considered substantive topics focused on dispute settlement as such, though in 2022 the ILC added the topic ‘the settlement of international disputes to which international organizations are parties’ to its programme of work. Furthermore, there is a perception that, generally, the practice of the ILC is to leave the matter of dispute settlement clauses to the negotiating States. In reality, however, many ILC drafts that formed the basis for treaty negotiations between States contained dispute settlement clauses. This contribution will, accordingly, survey the practice of the ILC with respect to the inclusion and exclusion of dispute settlement clauses in its draft texts and how States have received and treated such clauses. Focusing on instances where such clauses were a matter of controversy, it will attempt to ascertain the patterns that emerge in the practice of the ILC and the effect of its work on the final outcome negotiated by States with respect to dispute settlement clauses.
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In: Max Planck Yearbook of United Nations Law Online
Search for other papers by Eran Sthoeger in
Current site
Google Scholar
PubMed
Abstract
The International Law Commission (ILC) has rarely considered substantive topics focused on dispute settlement as such, though in 2022 the ILC added the topic ‘the settlement of international disputes to which international organizations are parties’ to its programme of work. Furthermore, there is a perception that, generally, the practice of the ILC is to leave the matter of dispute settlement clauses to the negotiating States. In reality, however, many ILC drafts that formed the basis for treaty negotiations between States contained dispute settlement clauses. This contribution will, accordingly, survey the practice of the ILC with respect to the inclusion and exclusion of dispute settlement clauses in its draft texts and how States have received and treated such clauses. Focusing on instances where such clauses were a matter of controversy, it will attempt to ascertain the patterns that emerge in the practice of the ILC and the effect of its work on the final outcome negotiated by States with respect to dispute settlement clauses.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 141 | 141 | 5 |
| Full Text Views | 6 | 6 | 0 |
| PDF Views & Downloads | 16 | 16 | 0 |