The Role of the ILC and the IDI in the Development of International Law

The role in the development of international law of the International Law Commission (ILC) and Institut de Droit International (IDI) is not a new topic of inquiry, either for practitioners or scholarly observers.

By way of a recent example, Cour de Cassation of France in its Ruling 24-84.393 on functional immunity of officials of a foreign State of 25 July 2025 refers side by side to the work of the IDI and ILC. But there is ground for reasonable disagreement in the identification of their impact on international law and explanation of how that fits with the traditional vocabulary of sources and interpretation. 

The talk draws upon recent practice to offer certain preliminary reflections on the role of both institutions in the development of international law.

Professor Martins Paparinskis is Professor of Public International Law at UCL. He is a member of the United Nations International Law Commission and an associate of the Institute of International Law. 

Dr Maria Varaki is a lecturer in international law at the War Studies department, King's College London. Before moving to London she held research positions with the Erik Castren Institute of International Law and Human Rights in Helsinki and the Law Faculty of Hebrew University in Jerusalem. She was also an Assistant Professor in International Law at Kadir Has University in Istanbul. Currently she is a Research Associate in 3 Generations of Digital Human Rights, ERC project, 2023-2028, Hebrew University, Faculty of Law.

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