18 November 1981

63rd plenary meeting

Enlargement of the International Law Commission: amendments to articles 2 and 9 of the Statute of the Commission

The General Assembly,

Reaffirming the importance of the International Law Commission as the main permanent subsidiary organ of the General Assembly entrusted with the promotion of the progressive development of international law and its codification,

Recalling its resolution 1647 (XVI) of 6 November 1961, by which the membership of the International Law Commission was established at twenty-five members, Noting that the membership of the United Nations has grown substantially since the adoption of that resolution, Conscious of the increased interest shown by Member States, particularly those admitted to membership in the Organization since 1961, in the Commission's work on the progressive development of international law and its codification,

1. Decides to amend article 2, paragraph 1, of the Statute of the International Law Commission to read as follows:

"The Commission shall consist of thirty-four members who shall be persons of recognized competence in international law";

2. Also decides to amend article 9, paragraph 1, of the said Statute to read as follows:

"Those candidates, up to the maximum number prescribed for each regional group, who obtain the greatest number of votes and not less than a majority of the votes of the Members present and voting shall be elected";

3. Decides further that the thirty-four members of the International Law Commission shall be elected according to the following pattern:

(a) Eight nationals from African States;

(b) Seven nationals from Asian States;

(c) Three nationals from Eastern European States;

(d) Six nationals from Latin American States;

(e) Eight nationals from Western European or other States;

(f) One national from African States or Eastern European States in rotation, with the seat being allocated to a national of an African State in the first election held after the adoption of the present resolution;

(g) One national from Asian States or Latin American States in rotation, with the seat being allocated to a national of an Asian State in the first election held after the adoption of the present resolution;

4. Decides, by way of exception and in consequence of the enlargement of the Commission, to request the Secretary-General to include in the list of candidates for the election to be held at the current session, in addition to the nominations already received, such names as shall have been communicated to him in writing before 21 November 1981.