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The International
Law Commission held its fifty-second session at Geneva, Switzerland,
from 1
May to 9 June and 10 July to 18 August 2000
in accordance with General Assembly resolution 54/111 of 9 December
1999 (E,
F,
S,
R,
C,
A).
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Consideration
of topics on the agenda of the 52nd session
State
responsibility (top)
Concerning
the topic "State Responsibility", the Commission considered
the third report of the Special Rapporteur (A/CN.4/507 and Add.1
and Add.1/Corr.1 and 2 (French only), Add.2 and Add.2/Corr.1
and 2, Add.3 and Add.3/Corr.1, and Add.4 (see documents
list)) containing his proposals for Part Two (legal consequences
of an internationally wrongful act of a State), as well as for
a new Part Two bis (the implementation of State responsibility)
and Part Four (general provisions), of the draft articles. The
Commission decided to refer the draft articles in chapters I
(general principles), II (the forms of reparation) and III (serious
breaches of obligations to the international community as a
whole) of Part Two, chapters I (invocation of the responsibility
of a State) and II (countermeasures) of Part Two bis,
and Part Four to the Drafting Committee. The Commission took
note of the report of the Drafting Committee.
(see: Report
of the International Law Commission on the work of its fifty-second
session, chapter
IV)
Diplomatic
protection (top)
With
regard to the topic "Diplomatic protection", the Commission
considered the first report of the Special Rapporteur (A/CN.4/506
and Corr.1, and Add.1 (see documents list)),
dealing with issues of definition and scope of topic, the nature
and conditions under which diplomatic protection may be exercised,
in particular the requirement of nationality and the modalities
for diplomatic protection, addressed in articles 1 to 8. To
follow up on the discussions and the suggestions made in the
Plenary, the Commission referred articles 1, 3 and 6 to open-ended
informal consultations chaired by the Special Rapporteur. Taking
into account the report of informal consultations, the Commission
referred draft articles 1, 3 and 5 to 8 to the Drafting Committee.
(see:
Report of the International Law Commission on the work of its
fifty-second session, chapter
V)
Unilateral
acts of States (top)
As
regards the topic "Unilateral acts of States", the Commission
examined the third report of the Special Rapporteur (A/CN.4/505
(E,
F,
S,
R,
C,
A)).
The Special Rapporteur proposed a new draft article 1 on definition
of unilateral acts, the deletion of the previous draft article
1 on the scope of the draft articles, a new draft article 2 on
the capacity of States to formulate unilateral acts, a new draft
article 3 on persons authorized to formulate unilateral acts on
behalf of the State and a new draft article 4 on subsequent confirmation
of an act formulated by a person not authorized for that purpose.
He also proposed the deletion of previous draft article 6 on expression
of consent and a new draft article 5 on the invalidity of unilateral
acts. The Commission decided to refer new draft articles 1 to
4 to the Drafting Committee and new draft article 5 to the Working
Group on Unilateral Acts of States. See too: Replies from Governments
to the questionnaire - Report of the Secretary-General (A/CN.4/511
(E,
F,
S,
R,
C,
A)).
(see:
Report of the International Law Commission on the work of its
fifty-second session, chapter
VI)
Reservations
to treaties (top)
With
respect to the topic "Reservations to treaties", the Commission
considered the fifth report of the Special Rapporteur (A/CN.4/508
and Add.1, Add.2, Add.3 and Add.3/Corr.1 (French only), and Add.4
(see documents list)) concerning the
alternatives to reservations and interpretative declarations and
the formulation, modification and withdrawal of reservations and
interpretative declarations. The Commission adopted five draft
guidelines (report of the Drafting Committee: A/CN.4/L.599 (E,
F,
S,
R,
C,
A))
pertaining to reservations made under exclusionary clauses, unilateral
statements made under an optional clause, unilateral statements
providing for a choice between the provisions of a treaty and
alternatives to reservations and interpretative declarations.
(see:
Report of the International Law Commission on the work of its
fifty-second session, chapter
VII)
International
Liability for injurious consequences arising out of acts not prohibited
by international law (prevention of transboundary damage from
hazardous activities) (top)
With
regard to the topic of "International liability for injurious consequences
arising out of acts not prohibited by international law (prevention
of transboundary damage from hazardous activities)", the Commission
established a Working Group to examine the comments and observations
made by States on the draft articles on the sub-topic of prevention
which had been adopted on first reading by the Commission in 1998
(See: Report of the Secretary-General (A/CN.4/509 (E,
F,
S,
R,
C,
A)).
On the basis of the discussion in the Working Group, the Special
Rapporteur presented his third report (A/CN.4/510 (E,
F,
S,
R,
C,
A))
containing a draft preamble and a revised set of draft articles
on prevention, along with the recommendation that they be adopted
as a framework convention. Furthermore, the third report addressed
questions such as the scope of the topic, its relationship with
liability, the relationship between an equitable balance of interests
among States concerned and the duty of prevention, as well as the
duality of the regimes of liability and State responsibility. The
Commission considered the report and decided to refer the draft
preamble and draft articles contained therein to the Drafting Committee.
(see:
Report of the International Law Commission on the work of its fifty-second
session, chapter
VIII)
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