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List
of documents
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DAILY
BULLETIN |
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1999
ILC Report (A/54/10 (E,
F,
S,
R,
C,
A)) |
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Topical
summary of debate in the Sixth Committee on the 1999 ILC
Report (A/CN.4/504 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)) |
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1999
Yearbook |
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Summary
of consideration |
The International
Law Commission held its fifty-first session at Geneva, Switzerland,
from 3
May to 23 July 1999
in accordance with General Assembly resolution 53/102 of 8 December
1998 (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. 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. Giorgio Gaja
(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. Maurice Kamto
(Cameroon)*; 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. Didier Opertti
Badan (Uruguay); Mr. Guillaume Pambou-Tchivounda (Gabon);
Mr. Alain Pellet (France); Mr. Pemmaraju Sreenivasa Rao
(India); Mr. Víctor Rodríguez Cedeño (Venezuela);
Mr. Robert Rosenstock (United States of America); Mr.
Bernardo Sepúlveda (Mexico); Mr. Bruno Simma (Germany);
Mr. Doudou Thiam (Senegal); Mr. Peter Tomka (Slovakia)*;
and Mr. Chusei Yamada (Japan).
* elected to fill the casual vacancies caused by the election
of Mr. Luigi Ferrari Bravo to the European Court of Human
Rights, of Mr. Mohamed Bennouna to the International Tribunal
for the Former Yugoslavia, and of the appointment of Mr.
Václav Mikulka as the Director of the Codification
Division, Office of Legal Affairs of the United Nations.
- Officers:
- Chairman:
Mr. Zdzislaw Galicki (Poland)
- First
Vice-Chairman: Mr. Raul Goco (Philippines)
- Second
Vice- Chairman: Mr. Emmanuel Akwei Addo (Ghana)
- Rapporteur:
Mr. Robert Rosenstock (United States of America)
- Chairman
of
the Drafting Committee: Mr. Enrique Candioti (Argentina)
- Cooperation
with other bodies
- Representing
the Inter-American Juridical Committee, Ambassador Luis
Marchand Stens informed the Commission of the activities
and recent developments on the work of the Committee,
at the Commission's 2573rd meeting, held on 18 May 1999.
- The
Secretary-General of the Asian-African Legal Consultative
Committee, Mr. Tang Chengyuan, informed the Commission,
at its 2576th meeting held on 25 May 1999, of the activities
and recent developments on the work of the Committee.
- His
Excellency Jusge Stephen Schwebel, President of the International
Court of Justice, addressed the Commission at its 2585th
meeting held on 10 June 1999. He gave a detailed exposé
of the work of the International Court of Justice, which
was followed by a series of questions and answers.
- The
representative of the Council of Europe's Ad Hoc Committee
of Legal Advisors on Public International Law (CAHDI)
addressed the Commission at the Commission's 2604th meeting
on 16 July 1999.
- Tribute
to the memory of Mr. Dodou Thiam
- At
the Commission's 2598th meeting, the Chairman paid
tribute to Mr. Doudou Thiam.
- Other
activities:
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Consideration
of topics on the agenda of the 51st session
State
responsibility (top)
The Commission
considered the second report (document A/CN.4/498 and Add.1,
Add.2, Add.3 and Add.4 (see documents list))
of the Special Rapporteur which dealt with Chapters III, IV
and V of Part One of the draft articles. The Commission
decided to refer the articles in Chapters III (Breach of an
international obligation), IV (Implication of a State in the
internationally wrongful act of another State) and V (Circumstances
precluding wrongfulness) to the Drafting Committee, and subsequently
took note of the report of the Drafting Committee (document
A/CN.4/L.574 and Corr. 1, 2 (French only), 3, 4 (Spanish only)
(see documents list)) on those chapters.
The Commission also undertook a preliminary consideration of
the question of countermeasures in Chapter III of Part Two of
the draft articles.
(see:
Report of the International Law Commission on the work of its
fifty-first session, chapter V)
(see:
Report of the International Law Commission on the work of its
fifty-first session, chapter IX)
Reservations
to treaties (top)
The Commission
continued its consideration of the third report of the Special
Rapporteur (document A/CN.4/491 (Corr.1), and Add.1, Add.2 (Corr.1),
Add.3, Add.4 (Corr.1), Add.5 and Add.6 (Corr. 1) (see documents
list)) concerning the definition of reservations and interpretative
declarations which it had not completed at the previous session
due to lack of time. The Commission adopted twenty draft guidelines
pertaining to the first chapter of the Guide to practice (with
commentaries - forthcoming). The Commission decided to restructure
this first chapter which is divided into six sections concerning:
a) Definition of reservations (Section 1); b) Definition of
interpretative declarations (Section 2); c) Distinction between
reservations and interpretative declarations (Section 3); d)
Unilateral statements other than reservations and interpretative
declarations (Section 4); e) Unilateral statements in respect
of bilateral treaties (Section 5), and f) Scope of definitions
(Section 6). The Commission also had before it the first part
of the fourth report of the Special Rapporteur (document A/CN.4/499
(E,
F,
S,
R,
C,
A)).
(see:
Report of the International Law Commission on the work of its
fifty-first session, chapter VI)
Nationality
in relation to the succession of States (top)
The Commission
had before it a Memorandum by the Secretariat (document A/CN.4/497
(E,
F,
S,
R,
C,
A)).
It decided to establish a Working Group to review the text adopted
on first reading taking into account comments by Governments.
On the basis of the report of the Chairman of the Working Group,
the Commission decided to refer the draft preamble and a set
of 26 draft articles on nationality of natural persons in relation
to the succession of States to the Drafting Committee. Having
considered the report of the Drafting Committee, the Commission
adopted the draft
preamble and the set of draft articles on second reading
(document A/CN.4/L.573 and Corr.1 (see documents
list)) and decided to recommend to the General Assembly
their adoption in the form of a declaration. It also decided
to recommend to the General Assembly that the work on the Commission
on the topic "Nationality in relation to the succession of States"
be considered concluded.
(see:
Report of the International Law Commission on the work of its
fifty-first session, chapter IV)
Unilateral
acts of States (top)
The Commission
examined the second report of the Special Rapporteur (document
A/CN.4/500 and Add.1 (see documents list)).
The discussion centered mostly on the 7 articles submitted by
the Special Rapporteur dealing with the scope of the draft articles
(article 1), definition of unilateral acts (article 2), capacity
of the State for formulating unilateral acts (article 3), representatives
of a State for formulating unilateral acts (article 4), subsequent
confirmation of a unilateral act formulated without authorization
(article 5), expression of consent (article 6) and invalidity
of unilateral acts (article 7). The Commission agreed
to take as the basic focus for its study on the topic and, as
a starting point for the gathering of State practice thereon,
the following concept: "A unilateral statement by a State by
which such State intends to produce legal effects in its relations
to one or more States or international organizations and which
is notified or otherwise made known to the State of organization
concerned". The Secretariat was requested to send questionnaire
to Governments inquiring about their practice and position concerning
certain aspects of unilateral acts.
(see:
Report of the International Law Commission on the work of its
fifty-first session, chapter VIII)
Jurisdictional
immunities of States and their property (top)
The General
Assembly in resolution
53/98 of 8 December 1998 invited the International Law Commission
to present any preliminary comments it may have regarding outstanding
substantive issues related to the draft articles by 31 August
1999, in the light of the results of the informal consultations
held pursuant to General Assembly decision 48/413 of 9 December
1993 and taking into account the recent developments of State
practice and other factors related to this issue since the adoption
of the draft articles.
At
its fifty-first session, the Commission established a Working
Group on the topic and entrusted it with the task of preparing
preliminary comments as requested by General Assembly resolution
53/98. The Commission took note of the report of the Working
Group and decided to annex it to the report of the Commission.
It also adopted the suggestions of the Working Group contained
in its report and dealing with the following five areas: 1)
Concept of State for purpose of immunity; 2) Criteria for determining
the commercial character of a contract or transaction; 3) Concept
of a State enterprise or other entity in relation to commercial
transactions; 4) Contracts of employment and 5) Measures of
constraint against State property.
(see:
Report of the International Law Commission on the work of its
fifty-first session, chapter VII)
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