From mandate to actor: the case of the International Law Commission

Abstract

This paper investigates how the International Law Commission (ILC), a subsidiary body of the UN General Assembly, constituted itself as a collective actor with a distinct identity as an international legal expert and a set of preferences in legal norm development. I use description as a method to analyze archival data to show how the ILC established a set of preferences, formed an understanding of its relationship with the UN General Assembly, and defined its role in fulfilling mandated tasks. Description, focusing on pattern observation and documentation, makes visible how social interactions lead to the emergence of a collective entity with the independent capacity to act. Understanding how entities with delegated authority like the ILC achieve actorhood, develop preferences and strategies, and define their roles in relation to states and other actors is an important step in evaluating their impact on global governance and the development of international law.