국제법위원회 최종결과물 형태에 관한 연구

A Study on the Final Form of the International Law Commission’s Work

This article examines variety in the final form of the ILC’s work, and its implications for international law. The traditional form of the ILC’s work was ‘draft articles’ which aim to be the basis for conclusion of a convention. However, the trend in the final form of its work has changed; a number of topics now take non-binding forms such as ‘draft principles’, ‘draft guidelines’, and ‘draft conclusions’. To find the implications of this changing trend in the final form, this article categorizes the works of the ILC into specific final forms, and explores the selection process for the final form, as well as considerations arising during the selection. It also examines the recommendations of the ILC to the UN General Assembly with regard to the final outcome, and further discussion and measures taken in and by the Assembly. The variety in the final form of the work of the ILC relates to and is due to the changing topics it approaches. Traditional topics for codification are almost exhausted; and on several topics, the ILC is aiming at the progress development of international law. Indeed, the ILC has enhanced its role in the development of international law through the changing final form of its works, by ensuring the flexibility and efficiency of discussion on the topic. The various final forms, beyond rigid draft articles, ultimately expand the impact of the works of the ILC by widening its audience, extending the range of subjects feasible for discussion, and deepening the scope of discussion. The changing final form of the ILC outcome reflects the recent trend in international law where flexible approaches are needed for its regulation in order to attract the attention and interest of the international community with regard to the extended scope of international matters.