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The International
Law Commission held its fifty-third session at Geneva, Switzerland,
from 23
April to 1 June and 2 July to 10 August 2001
in accordance with General Assembly resolution 55/152 of 12
December 2000 (E,
F,
S,
R,
C,
A).
- Members
of the Commission:
- Mr.
Emmanuel Akwei Addo (Ghana); Mr. Husain Al-Baharna (Bahrain);
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.
Kamil E. Idris (Sudan); 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.
Djamchid Montaz (Islamic Republic of Iran); 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. Peter Tomka (Slovakia); and Mr. Chusei
Yamada (Japan).
- Officers:
- Chairman:
Mr. Peter Kabatsi (Uganda)
- First
Vice-Chairman: Mr. Gerhard Hafner (Austria)
- Second
Vice- Chairman: Mr. Enrique Candioti (Argentina)
- Rapporteur:
Mr. Qizhi He (China)
- Chairman
of
the Drafting Committee: Mr. Peter Tomka (Slovakia)
- Cooperation
with other bodies
- His
Excellency, Judge Gilbert Guillaume, President of the
International Court of Justice, addressed the Commission
at its 2698th meeting, held on 30 July 2001. He gave a
detailed exposé of the work of the International
Court of Justice, which was followed by a question and
answer session.
- Dr.
Gerardo Trejos Salas, representative of the Inter-American
Juridical Committee, made a statement to the Commission
at its 2673rd meeting, held on 4 May 2001.
- The
Representative of the Council of Europe's Committee
of Legal Advisors on Public International Law (CAHDI),
Mr. R. Benitez, addressed the Commission, at its 2700th
meeting held on 2 August 2001. His statement was followed
by an exchange of views.
- At
its 2703rd meeting, held on 6 August 2001, The Commission
heard a statement by the Secretary-General of the Asian-African
Legal Consultative Committee, Mr. Wafik Zaher Kamil.
An exchange of views followed.
- Drafting
Committee
- At
its 2666th, 2669th and 2679th meetings on 24 April, 27
April and 23 May 2001, respectively, the Commission established
a Drafting Committee, under the Chairmanship of Mr. Peter
Tomka, for the following topics:
- International
liability for injurious consequences arising out of
acts not prohibited by international law (Prevention
of transbounday damage for hazardous activities)
- State
responsibility
- Reservations
to treaties
- Working
Groups
- The
Commission also established the following Working Groups:
- Working
Group on Commentaries on State responsibility (Chaired
by Mr. T.V. Melescanu)
- Open-ended
informal consultations on diplomatic protection (Chaired
by the Special Rapporteur, Mr. C.J.R. Dugard)
- Open-ended
Working Group on Unilateral Acts of States (Chaired
by the Special Rapporteur, Mr. Mr. V. Rodriguez-Cedeño)
- Other
activities:
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Consideration
of topics on the agenda of the 53rd session
Concerning the topic "State Responsibility", the Commission considered
the fourth report of the Special Rapporteur (A/CN.4/517 and Add.1
(see documents list) as well as the comments
and observations received from Governments (A/CN.4/515 and Corr.1
(Arabic only) and Add. 1, 2 and 3 (see documents
list)).
The Commission
considered the report of the Drafting Committee on the topic of
State responsibility and adopted, on second reading, the
draft
articles on Responsibility of States for internationally wrongful
acts, at its 2683rd meeting held on 31 May 2001, and at
its 2701st meeting held on 3 August 2001
- Report
of the Drafting Committee:
- A/CN.4/L.602/Rev.1
(E,
F,
S
and Corr.1,
R,
C,
A)
- Statement
of the Chairman of the Drafting Committee (English only):
- First
statement made at the 2681st to 2683rd meetings, held
from 29 to 31 May 2001.
- Second
statement made by Mr. Giorgio Gaja on behalf of the
Chairman of the Drafting Committee, at the 2701st meeting,
held on 3 August 2001.
- Commentaries
to the draft articles on Responsibility of States for internationally
wrongful acts,
adopted at the Commission's 2702nd to 2709th meetings, held from
6 to 9 August 2001.
The Commission
decided, in accordance with article 23 of its Statute,
to recommend to the General Assembly that it take note of the draft
articles on responsibility of States for internationally wrongful
acts in a resolution, and that it annex the draft articles to the
resolution. The Commission decided further to recommend that the
General Assembly consider, at a later stage, and in light of the
importance of the topic, the possibility of convening an international
conference of plenipotentiaries to examine the draft articles on
responsibility of States for internationally wrongful acts with
a view to adopting a convention on the topic.
(see: Report of the International Law Commission on the work of
its fifty-third session, chapter
IV)
The Commission
had before it the comments and observations of Governments (A/CN.4/516
(E,
F,
S,
R,
C,
A)).
The Commission considered the report of the Drafting Committee
on the topic International Liability for injurious consequences
arising out of acts not prohibited by International Law (Prevention
of transboundary harm from hazardous activities) and adopted,
on second reading, the draft
articles on Prevention of transboundary harm from hazardous activities,
at its 2675th meeting held on 11 May 2001
- Report
of the Drafting Committee:
- A/CN.4/L.601
(E,
F,
S,
R,
C,
A)
and Corr. 1 (E
only) and Corr.2 (E,
F,
S,
R,
C,
A)
- Statement
of the Chairman of the Drafting Committee, made at the 2675th
meeting held on 11 May 2001
- Commentaries
- The
Commission adopted the commentaries
to the draft articles on Prevention of transboundary harm
from hazardous activities at its 2698th to 2701st meetings,
held from 30 July to 3 August 2001.
It decided,
in accordance with article 23 of its Statute,
to recommend to the General Assembly the elaboration of a convention
by the Assembly on the basis of the draft articles on Prevention
of transboundary harm from hazardous activities.
(see: Report
of the International Law Commission on the work of its fifty-third
session, chapter
V)
With respect
to the topic "Reservations to treaties", the Commission considered
the portions of the fifth report of the Special Rapporteur (A/CN.4/508/Add.3
and Add.3/Corr.1 (French only), and Add.4 (see documents
list)) which were not considered last year, and his sixth
report (A/CN.4/518 and Add.1, 2 and 3 (see documents
list)).
The Commission
adopted 12 draft guidelines dealing with the formulation of reservations
and interpretative declarations
The Commission
also referred 13 draft guidelines dealing with form and notification
of reservations and interpretative declarations to the Drafting
Committee.
(see: Report
of the International Law Commission on the work of its fifty-third
session, chapter
VI)
Diplomatic
protection (top)
With regard
to the topic "Diplomatic protection", the Commission considered
the portions of the first report of the Special Rapporteur (A/CN.4/506/Add.1
(E,
F,
S,
R,
C,
A)),
dealing with the question of continuous nationality and transferability
of claims which were not considered last year, and his second report
dealing with the issue of the exhaustion of local remedies (A/CN.4/514
and Corr. 1 and 2 (Spanish only) (see documents
list)). The Commission referred draft articles 9, 10 and 11
dealing with the questions of continuous nationality and transferability
of claims and the exhaustion of local remedies to the Drafting Committee.
The Commission also established open-ended Informal Consultations
to consider the question of continuous nationality and transferability
of claims.
(see: Report
of the International Law Commission on the work of its fifty-third
session, chapter
VII)
Unilateral
acts of States (top)
As regards
the topic "Unilateral acts of States", the Commission examined the
fourth report of the Special Rapporteur (A/CN.4/519 (E,
F,
S,
R,
C,
A)).
The Special Rapporteur proposed draft articles (a) and (b) on the
rules relating to the interpretation of unilateral acts. The Commission
considered the oral report of the Chairman of the Working Group
on the topic, Mr. Víctor Rodríguez Cedeño, and supported
the proposal to submit a request to States for additional information
on State practice relating to unilateral acts.
- Unilateral
acts of States questionnaire (E,
F,
S)
(see: Report
of the International Law Commission on the work of its fifty-third
session, chapter
VIII)
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