46. Advisory report on the draft conclusions of the International Law Commission on general principles of law
On 19 May 2003, the International Law Commission (ILC) adopted 11 draft conclusions on general principles of law, and subsequently added commentaries on the conclusions in its session from 24 to 26 July 2023. The draft conclusions and commentaries were prepared on the basis of three reports by Special Rapporteur Marcelo Vázquez-Bermúdez of Ecuador. By letter of 31 October 2023, the Minister of Foreign Affairs requested the Advisory Committee on Issues of Public International Law to prepare an advisory report on the draft conclusions.
[This advisory report has been published on June 12, 2024. The English translation has been available since December 10, 2024.]
This advisory report will discuss the general approach adopted by the ILC, the positioning of general principles of law within Article 38 of the Statute of the International Court of Justice and their relationship to the other primary sources of international law, the nature and functions of general principles of law, the categories of principles of law distinguished by the ILC, and the various methods by which general principles of law can be identified.