Forthcoming in the Max Planck Yearbook of United Nations Law (27)
accepting any perceived restrictions to their discretion over admission and sojourn of nonnationals.
V. Conclusion
Established to progressively develop international law and promote its codification, the
International Law Commission plays a pivotal role in reducing the indeterminacy and
uncertainty inherent in the international legal system. While the Commission has been praised
for effectively codifying key areas of international law, its work has also shed light on areas
that were not directly under its purview. As this article demonstrates, international migration
law seems to be a prime example of that. The protection of migrants, refugees, and stateless
persons has come to figure prominently in various of its draft articles, conclusions, and studies.
The article also emphasized the challenges faced by the Commission when dealing with the
many political sensitivities evoked by any attempts to curb states’ discretion in this domain.
With the ongoing studies on sea-level rise in relation to international law, the ILC is
once again venturing into the domain of international migration law.144 Although the
Commission does not intend to provide an exhaustive analysis of the application of
international law to sea-level rise, its work will likely identify, clarify, and articulate existing
legal frameworks that can be mobilized to deal with the far-reaching consequences of rising
sea levels. The initiative is another attempt to use international institutions to address certain
effects of climate change. Yet, it remains to be seen what sort of action will be taken after the
Commission’s final report and recommendations, as well as whether they will enjoy the same
degree of authority as its other works. What previous engagements with the field indicate,
UN ILC, ‘Second Issues Paper by Patricia Galvao Teles and Juan José Ruda Santolaria, Co-Chairs of the Study
Group on Sea-Level Rise in Relation to International Law’ (19 April 2022) UN Doc. A/CN.4/752, at 105–107.
See also B. Burson, W. Kälin, and J. McAdam, ‘Statehood, Human Rights and Sea-Level Rise: A Response to the
International Law Commission’s Second Issues Paper on Sea-Level Rise in Relation to International Law’ (2023)
4(1) Yearbook of International Disaster Law 265-280, at 273–276.
144
36
Electronic copy available at: https://ssrn.com/abstract=4816199