The Forty-Seventh Session Of The International Law Commission

1996 ◽  
Vol 90 (1) ◽  
pp. 106-115
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
State Succession ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-seventh session from May 2 to July 20, 1995, under the chairmanship of Pemmaraju S. Rao of India. The Commission continued its work on existing topics and considered aspects of the Draft Code of Crimes against die Peace and Security of Mankind, state responsibility, and liability for injurious consequences arising out of acts not prohibited by international law. The Commission began work on the two new topics of “state succession and its impact on the nationality of natural and legal persons” (“nationality“) and “the law and practice relating to reservations to treaties” (“reservations“) and made a recommendation as to two additional topics for its future agenda.

The Fortieth Session of the International Law Commission

1989 ◽  
Vol 83 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Stephen C. Mccaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

The Draft Code of Offences Against the Peace and Security of Mankind

1981 ◽  
Vol 75 (3) ◽  
pp. 674-679 ◽  
Author(s):  
Benjamin B. Ferencz
Keyword(s):  
United Nations ◽  
International Law ◽  
International Crime ◽  
General Assembly ◽  
Draft Code ◽  
Progressive Development ◽  
Peace And Security ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

At its session that ended in December 1980, the United Nations considered a subject that had been allowed to lie dormant for over a quarter of a century. It was first taken up in 1946, after President Truman called for the reaffirmation of “the principles of the Niirnberg Charter in the context of a general codification of offenses against the peace and security of mankind.” The General Assembly responded promptly by passing three resolutions in rapid succession on December 11, 1946, which created a Committee for the Progressive Development of International Law and its Codification, affirmed the Nuremberg principles, and declared that genocide was an international crime. The International Law Commission (ILC) was charged with preparing the desired Code of Offences after its establishment in 1947. Yet, 34 years after the General Assembly’s call for action, the refrain was still being heard: “The time is not yet ripe.” The question likely to face the United Nations when it reconvenes in 1981 will be: “If not now, when?”

The Third Session of the International Law Commission: Review of its Work by the General Assembly –I

1952 ◽  
Vol 46 (3) ◽  
pp. 483-503 ◽  
Author(s):  
Yuen-Li Liang
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Draft Code ◽  
The Third ◽  
Peace And Security ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission ◽  
High Seas

The International Law Commission of the United Nations held its third session at Geneva, Switzerland, from May 16 to July 27, 1951. In the course of fifty-three meetings, the Commission completed its work on the following items: (1) reservations to multilateral conventions; (2) question of defining aggression; and (3) preparation of a draft code of offenses against the peace and security of mankind. It also concluded the first phase of a review of its Statute. In the field of the codification of international law, the Commission undertook further consideration of the topics of (1) law of treaties and (2) regime of the high seas. It also decided to initiate work on the topics of “nationality, including statelessness” and “regime of territorial waters,” and appointed Judge Manley 0. Hudson and Professor J. P. A. Frangois special rapporteurs, respectively, for these topics. The actions (including some of an administrative character) taken by the Commission are set forth in a report to the General Assembly.

The Thirty-Fifth Session of the International Law Commission

1984 ◽  
Vol 78 (2) ◽  
pp. 457-480 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Law ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The 35th session of the International Law Commission was held in Geneva from May 3 to July 22, 1983 under the chairmanship of Ambassador Laurel Francis. The Commission considered all seven substantive items on its agenda: state responsibility; jurisdictional immunities of states and their property; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; the Draft Code of Offences against the Peace and Security of Mankind; the law of the non-navigational uses of international watercourses; international liability for injurious consequences arising out of acts not prohibited by international law; and relations between states and international organizations (second part of the topic). The Drafting Committee, which met a record 30 times, reported out a total of 15 articles concerning three of the above topics (jurisdictional immunities, state responsibility and the diplomatic courier and bag), all of which were provisionally adopted by the Commission. The entire session is dealt with in some detail in the Commission’s 1983 report to the General Assembly. Only the highlights will be covered here.

More on the Depositary of International Treaties

1970 ◽  
Vol 64 (5) ◽  
pp. 838-852 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Previous Article ◽  
Vienna Convention ◽  
International Treaties ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission ◽  
Made In

The purpose of this article is to bring up to date the present writer’s previous article on “The Depositary of International Treaties” published in this Journal, in the light of the deliberations of the United Nations Conference on the Law of Treaties in 1968 and 1969 and the changes there made in the texts. The relevant provisions now appear as Articles 76, 77 and 78 of the so-called Vienna Convention on the Law of Treaties, corresponding to Articles 71, 72 and 73 of the draft articles on the law of treaties of the International Law Commission.

The Forty-First Session of the International Law Commission

1989 ◽  
Vol 83 (4) ◽  
pp. 937-945 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.

The Forty-ninth Session of the International Law Commission

1998 ◽  
Vol 92 (1) ◽  
pp. 107-112
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Diplomatic Protection ◽  
Working Groups ◽  
The United Nations ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-ninth session in Geneva from May 12 to July 18, 1997, under the chairmanship of Professor Alain Pellet of France. The Commission concluded its first reading of a draft declaration on nationality in relation to the succession of states; adopted preliminary conclusions on a key element of the topic of reservations to treaties; and appointed new special rapporteurs for state responsibility, international liability for injurious consequences of acts not prohibited by international law, unilateral acts of states, and diplomatic protection. The Commission also established working groups on each of these topics.

Procedures for Establishing the Invalidity or Termination of Treaties under the International Law Commission’s 1966 Draft Articles on the Law of Treaties

1967 ◽  
Vol 61 (4) ◽  
pp. 976-989 ◽  
Author(s):  
Herbert W. Briggs
Keyword(s):  
United Nations ◽  
International Law ◽  
International Community ◽  
Official Organ ◽  
Draft Convention ◽  
The United Nations ◽  
The Law ◽  
Intensive Work ◽  
International Law Commission ◽  
Law Commission

The 1966 Draft Articles on the Law of Treaties, drafted over a period of five years of intensive work by an official organ of the international community—the International Law Commission of the United Nations—is more comprehensive and more reflective of community consensus than any previous draft prepared by international lawyers on the law of treaties. In contrast with the excellent Draft Convention on the Law of Treaties completed by the Harvard Eesearch in International Law in 1935, preparation of the Commission’s draft had the advantage of participation by members representative of all continents and of the views of states which were not in existence in 1935.

The Depositary of International Treaties

1967 ◽  
Vol 61 (4) ◽  
pp. 923-945 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Special Rapporteur ◽  
International Treaties ◽  
International Treaty ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The Draft Articles on the Law of Treaties completed in 1966 by the International Law Commission and submitted to the General Assembly of the United Nations, on the basis of proposals by the Special Rapporteur, Sir Humphrey Waldock, contain, in Part VII (entitled “Depositaries, Notifications, Corrections and Registration”), three articles—Articles 71, 72 and 73—dealing directly with the depositary of an international treaty; and throughout the Draft Articles are to be found other provisions which directly or indirectly relate to the same institution of contemporary international law and relations.

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