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  Main page > Sessions > Fiftieth session (1998)
November 9, 2006  

Fiftieth Session (27 April to 12 June and 27 July to 14 August 1998)
last update: 30 June 2005
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Agenda for the 50th session: (A/CN.4/485 & Corr.1 (see documents list)

1. Organization of the work of the session;

2. State responsibility;

3. International liability for injurious consequences arising out of acts not prohibited by international law;

4. Rreservations to treaties;

5. Nationality in relation to the succession of States;

6. Diplomatic protection;

7. Unilateral acts of States;

8. Programme, procedures and working methods of the Commission and its documentation;

9. Co-operation with other bodies;

10. Date and place of the fifty-first session;

11. Other business.

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List of documents

DAILY BULLETIN
1998 ILC Report (A/53/10 (E, F, S, R, C, A))
Topical summary of debate in the Sixth Committee on the 1998 ILC Report (A/CN.4/496 (E, F, S, R, C, A))
1998 Yearbook
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

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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