At its Twenty-Fifth Session the International Law Commission determined to allot some of its limited time to each of the active subjects on its agenda. The decision was the child of necessity. The Draft Articles on the Representation of States in Their Relations with International Organizations had taken up most of the Commissions sessions in 1969, 1970, and 1971, and the Twenty-Fourth Session in 1972 had, under forced draft, produced the draft articles on the Succession of States to Treaties and on the Prevention and Punishment of Crimes Against Diplomatic Agents and Other Internationally Protected Persons. The inevitable byproduct was a mounting pressure, both within the Commission and from the General Assembly, for intensive examination of the draft articles and commentaries on State Responsibility, Succession of States in Matters Other Than Treaties, the Most-Favored-Nation Clause, and the Report on Treaties Concluded Between States and International Organizations.

On October 18, 1972 the United States and the Soviet Union completed the negotiation of a comprehensive series of arrangements covering trade between the two countries. A Trade Agreement, consisting of nine articles and three annexes, and complemented by several exchanges of letters, establishes a new legal framework for the development of US-USSR trade.

Privatization of functions that were traditionally considered sovereign has reached new heights. International lawyers have responded mostly by seeking to limit some of the consequences of that phenomenon, by, for example, ensuring accountability of states for outsourcing. International law has sometimes appeared agnostic, however, about the very legality of privatization. This Article explores a more radical take, namely the possibility that certain state functions could be seen as “inherently sovereign” under international law. International law can be understood this way, the Article argues, despite its general deferral to sovereignty (including the sovereignty to outsource), the fact that historically all kinds of functions that we have come to associate with the state have been exercised privately, and international law's own role in legitimizing privatization in our era.