CYIL vol. 14 (2023)

PAVEL ŠTURMA CYIL 14 (2023) 2.2 Settlement of international disputes to which international organizations are parties This is one of the new topics on which the Commission started to consider in 2023. The topic “The settlement of international disputes to which international organizations are parties”, proposed by Sir Michael Wood, 6 was put on the long-term programme of the ILC in 2016. 7 At the end of its 2022 session, the Commission decided to place this topic on its current programme of work and appointed Mr. August Reinisch as Special Rapporteur. 8 In 2023, the Commission had before it the First report of the Special Rapporteur, which is mainly of a preliminary or explorative character. 9 It provides a basis for future work and discussions on the topic. Chapter I describes the previous relevant work of the Commission and several other bodies dealing with international law, including the Institut de Droit International. Chapter II discusses the scope of the topic and possible outcomes of the Commission’s work on this topic. Chapter III addresses a number of core definitional issues concerning the topic. Chapter IV comprises the text of the suggested guidelines and Chapter V briefly outlines the future work planned. One of the most important preliminary questions was whether disputes of a private law character should be covered by the topic. 10 Based on the advisory opinion of the ICJ in the Effect of Awards case, 11 the Special Rapporteur shared the views and recommended that the Commission should decide on this question. In fact, following the debate, the Commission decided to change the title of the topic to “Settlement of disputes to which international organizations are parties”. This reflects that the topic should not be limited to disputes between States and international organizations but should also include disputes involving private persons. On the same day (25 May 2023), the Commission adopted the text of draft guideline 1 (Scope) and draft guideline 2 (Use of terms). The second guideline includes the definitions of terms “international organization”, “dispute”, and “means of dispute settlement”. 12 2.3 Prevention and repression of piracy and armed robbery at sea The Commission decided to place this topic on its long-term programme of work in 2019. The inclusion of the topic was largely welcome by Member States in the debate of the Sixth Committee in 2019 as well as in 2022. At the end of its 2022 session, the Commission 6 Sir Michael Wood, “The settlement of international disputes to which international organizations are parties”, Yearbook of the ILC, 2016 , vol. II (Part Two), p. 233 (annex I). 7 Report of the International Law Commission on the work of its sixty-eighth session, Yearbook of the ILC, 2016 , vol. II (Part Two), para. 29. 8 Report of the International Law Commission on the work of its seventy-third session, Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 10 (A/77/10), para. 238. 9 First report on the settlement of international disputes to which international organizations are parties, UN doc. A/CN.4/756 (2023). 10 See UN doc. A/CN.4/756, paras. 22–25. 11 Effect of Awards of Compensation made by the United Nations Administrative Tribunal, Advisory Opinion , I.C.J. Reports 1954, p. 47 at p. 57 (finding that it would “hardly be consistent with the expressed aim of the Charter to promote freedom and justice for individuals … that [the United Nations] should afford no judicial or arbitral remedy to its own staff for the settlement of any disputes which may arise between it and them”). 12 See UN doc. A/CN.4/L.983 (2023), p. 1.

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