The International Law Commission’s Work on the Topic of The Settlement of Disputes to which International Organizations are Parties: The Need for a Meaningful Outcome

This article takes stock of the work of The International Law Commission (ILC) on the topic ‘Settlement of Disputes to Which International Organizations Are Parties’. The article observes that the ongoing consideration of this Topic is highly timely given the increasing number of disputes to which IOs are now party, especially disputes between IOs and private persons. For the ILC’s work to be meaningful, it is thus important that the final outcome not only include within its scope disputes between IOs and other conventional subjects of international law, namely, states and other IOs, but also disputes between IOs and private persons. Moreover, to protect and maintain the rule of law in disputes involving IOs, it is suggested that the ILC should set out in detail the due process elements of dispute resolution in its outcome document.