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List
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DAILY
BULLETIN |
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1998
ILC Report (A/53/10 (E,
F,
S,
R,
C,
A)) |
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Topical
summary of debate in the Sixth Committee on the 1998 ILC
Report (A/CN.4/496 (E,
F,
S,
R,
C,
A)) |
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1998
Yearbook |
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Summary
of consideration |
The International
Law Commission held its fiftieth session at Geneva, Switzerland,
from 27
April to 12 June and at New York, United States of America,
from 27 July to 14 August 1998
in accordance with General Assembly resolution 52/156 of 15
December 1997 (E,
F,
S,
R,
C,
A).
- Members
of the Commission:
- Mr.
Emmanuel Akwei Addo (Ghana); Mr. Husain Al-Baharna (Bahrain);
Mr. Awn Al-Khasawneh (Jordan); Mr. João Clemente
Baena Soares (Brazil); Mr. Mohamed Bennouna (Morocco);
Mr. Ian Brownlie (United Kingdom of Great Britain and
Northern Ireland); Mr. Enrique Candioti (Argentina); Mr.
James Crawford (Australia); Mr. Christopher John Robert
Dugard (South Africa); Mr. Constantin Economides (Greece);
Mr. Nabil Elaraby (Egypt); Mr. Luigi Ferrari Bravo (Italy);
Mr. Zdzislaw Galicki (Poland); Mr. Raul Goco (Philippines);
Mr. Gerhard Hafner (Austria); Mr. Qizhi He (China); Mr.
Mauricio Herdocia Sacasa (Nicaragua); Mr. Jorge Illueca
(Panama); Mr. Peter Kabatsi (Uganda); Mr. James Lutabanzibwa
Kateka (United Republic of Tanzania); Mr. Mochtar Kusuma-Atmadja
(Indonesia); Mr. Igor Ivanovich Lukashuk (Russian Federation);
Mr. Teodor Viorel Melescanu (Romania); Mr. Vaclav Mikulka
(Czech Republic); Mr. Didier Opertti Badan (Uruguay);
Mr. Guillaume Pambou-Tchivounda (Gabon); Mr. Alain Pellet
(France); Mr. Pemmaraju Sreenivasa Rao (India); Mr. Victor
Rodríguez Cedeño (Venezuela); Mr. Robert
Rosenstock (United States of America); Mr. Bernardo Sepulveda
(Mexico); Mr. Bruno Simma (Germany); Mr. Doudou Thiam
(Senegal); and Mr. Chusei Yamada (Japan).
- Officers:
- Chairman:
Mr. João Clemente Baena Soares (Brazil)
- First
Vice-Chairman: Mr. Igor Ivanovich Lukashuk (Russian Federation)
- Second
Vice- Chairman: Mr. Raul Goco (Philippines)
- Rapporteur:
Mr. Christopher John Robert Dugard (South Africa)
- Chairman
of
the Drafting Committee: Mr. Bruno Simma (Germany)
- Cooperation
with other bodies
- The
Secretary-General of the Asian-African Legal Consultative
Committee, Mr. Tang Chengyuan, informed the Commission
of the activities and recent developments on the work
of the Committee at the Commission's 2537th meeting, held
on 28 May 1998. An exchange of views took place.
- The
President of the International Court of Justice, His Excellency
Mr. Stephen M. Schwebel, addressed the Commission at its
2538th meeting, held on 29 May 1998. An exchange of views
took place.
- The
Commission welcomed Mr. Jonathan T. Fried, observer for
the Inter-American Juridical Committee, who addressed
the Commission at its 2554th meeting on 3 August 1998.
- The
Secretary of the Council of Europe's Ad Hoc Committee
of legal Advisors on Public International Law informed
the Commission of the Ad Hoc Committee's work, at the
Commission's 2558th meeting, held on 7 August 1998.
- Activities
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Consideration
of topics on the agenda of the 57th session
Diplomatic
protection (top)
- The
Commission considered the preliminary report of the Special Rapporteur
on the topic of "Diplomatic protection" (A/CN.4/484 (E,
F,
S,
R,
C,
A)
and
Corr.1 (F)),
which dealt with the legal nature of diplomatic protection and
the nature of the rules governing the topic. It established a
Working Group to consider possible conclusions which might be
drawn on the basis of the discussion as to the approach to the
topic and also to provide directions in respect of issues which
should be covered by the report of the Special Rapporteur for
the next session of the Commission. At the conclusion of its report,
the Working Group suggested that the Special Rapporteur, in its
second report, should concentrate on the issues raised in Chapter
I, "Basis for diplomatic protection", of the outline proposed
by the last year Working Group.
Unilateral
acts of States (top)
- The Commission
examined the first report of the Special Rapporteur (A/CN.4/486
(E,
F,
S,
R,
C,
A).
The discussion concentrated mainly on the scope of the topic,
the definition and elements of unilateral acts, the approach to
the topic and the final form of the Commission's work thereon.
There was general endorsement for limiting the topic to unilateral
acts of States issued for the purpose of producing international
legal effects and for elaborating possible draft articles with
commentaries on the matter. The Commission requested the Special
Rapporteur, when preparing his second report, to submit draft
articles on the definition of unilateral acts and the scope of
the draft articles and to proceed further with the examination
of the topic, focusing on aspects concerning the elaboration and
conditions of validity of the unilateral acts of States.
International
liability for injurious consequences arising out of acts not prohibited
by international law (prevention
of transboundary damage from hazardous activities) (top)
- The
Commission adopted on first reading, a set of 17 draft articles
with commentaries on prevention of transboundary damage from hazardous
activities and decided to transmit the draft articles to Governments
for comments and observations.
State
responsibility (top)
- The
Commission considered the first report of the Special Rapporteur
(A/CN.4/490 and Add.1, 2/Rev.1 & Corr.1, 3, 4 & Corr.1,
5, 6 and 7 & Corr.1 (see documents list)),
which dealt with general issues relating to the draft, the distinction
between "crimes" and "delictual" responsibility, and articles
1 to 15 of part one of the draft. The Commission established a
working group to assist the Special Rapporteur in the consideration
of various issues during the second reading of the draft articles.
The Commission decided to refer draft articles 1 to 15 to the
Drafting Committee. The Commission took note of the report of
the Drafting Committee on articles 1, 3, 4, 5, 7, 8, 8 bis,
9, 10, 15, 15 bis and A. The Commission also took note
of the deletion of articles 2, 6 and 11 to 14.
Nationality
in relation to the succession of States (top)
- The
Commission considered the fourth report of the Special Rapporteur
(A/CN.4/489 (E,
F,
S,
R,
C,
A)
& Corr. 1 (F))
and established a working group to consider the question of the
possible orientation to be given to the second part of the topic
dealing with the nationality of legal persons. The preliminary
conclusions of the Working Group are annexed to the Commission's
report.
Reservations
to treaties (top)
- The
Commission considered the third report of the Special Rapporteur
(A/CN.4/491 & Corr.1, Add.1, 2 & Corr.1, 3 & Corr.1,
4 & Corr.1, 5 and 6 & Corr.1 (see
documents list)) concerning
the definition of reservations (and interpretative declarations).
The Commission adopted seven draft guidelines on definition of
reservations, object of reservations, instances on which reservations
may be formulated, reservations having territorial scope, reservations
formulated when notifying territorial application, reservations
formulated jointly and the relationship between definitions and
admissibility of reservations.
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