The Place of Regional Organisations in the Work of the International Law Commission

R. Karlina Lubis

KU Leuven, Belgium

Despite the origins of international organisations in regional initiatives, the development of the law of international organisations has been predominantly shaped by institutions of a universal character, particularly the United Nations system. This universal orientation continues to influence the architecture of the field. Against this background, this article examines the place of regional organisations in the International Law Commission’s (ILC) construction of the law of international organisations. It does so by tracing Special Rapporteur reports across three topics relating to international organisations, each reflecting distinct legal dimensions of organisational existence and informed by institutional practice. The article argues that, although regional organisations are increasingly acknowledged within the Commission’s work, they are not treated as foundational to the development of general principles. Rather, they remain largely illustrative, even in areas where the Commission adopts a broader outlook, such as in its discussions on the status, privileges, and immunities of international organisations. This tendency to refrain from treating the practices of regional organisations as constitutive, in the same manner as those of organisations with a universal character, reflects the enduring influence of institutional universalism in the construction of the law of international organisations

Article link: https://www.asianinstituteofresearch.org/lhqrarchives/the-place-of-regional-organisations-in-the-work-of-the-international-law-commission