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Analytical Guide



Effects of armed conflicts on treaties

last update: 20 April 2009

A. Mandate

    - 2000 recommendation of the Working-Group on the long-term programme of work
    - 2004 decision to include the topic in its programme of work
    - G.A. Res.55/152 of 12 December 2000
    (E, F, S, R, C, A), 56/82 of 12 December 2001 (E, F, S, R, C, A) and
    Res.59/41 of 2 December 2004 (
    E, F, S, R, C, A)

B. Studies undertaken by the Secretariat and Reports of the Secretary-General

     1. 57th session of the International Law Commission (2005)
       - Memorandum prepared by the Secretariat 
- U.N. Doc. A/CN.4/550 (F, S, R, C, A) and Corr.1 (F, S, R, C, A) and Corr.2 (F, S, R, C, A)
   
C. Reports of the Working Group or Sub-Committee 
    1. 59th session of the International Law Commission (2007)
      - Report of the Working Group 
- U.N. Doc. A/CN.4/L.718 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp. VII.C, paras. 323-324
    2. 60th session of the International Law Commission (2008)
      - Report of the Working Group 
- U.N. Doc. A/CN.4/L.726 (F, S, R, C, A)
   
D. Reports of the Special Rapporteur 
    1. Proposed a set of 14 draft articles providing an overall view of the topic and of the issues it involves.  
      - Report of the Special Rapporteur, Ian Brownlie (57th session of the ILC (2005))
- U.N. Doc. A/CN.4/552 (F, S, R, C, A)
- ILC Report, A/60/10, 2005, Chp. V, paras.113 - 191
    2. Consideration of draft articles 1 to 7 (as proposed at the 57th session), in light of comments and observations made in the International Law Commission in 2005, and in the Sixth Committee at the Sixtieth Session of the General Assembly in 2005.  
      - Second report of the Special Rapporteur, Ian Brownlie (58th session of the ILC (2006))
- U.N. Doc. A/CN.4/570 (F, S, R, C, A) and Corr.1 (S, R, C, A)
- ILC Report, A/61/10, 2006, Chp. X, paras. 181 - 211
    3. Consideration of draft articles 1 to 5, 5 bis, 6, 6 bis, 7 to 14.
      - Third report of the Special Rapporteur, Ian Brownlie (59th session of the ILC (2007))

- U.N. Doc. A/CN.4/578 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp. VII, paras. 269-322

    4. Procedure for suspension and termination of treaties.
      - Fourth report of the Special Rapporteur, Ian Brownlie (60th session of the ILC (2008))

- U.N. Doc. A/CN.4/589 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)

E. Reports of the Drafting Committee 
    1. 60th session of the International Law Commission (2008)
      - Texts of draft articles 1, 2, 3, 4, 5, 6 [5bis],1 7 [5], 8, 9 [8 bis], 10 [8 ter], 11 [8 quater], 12 [9], 13 [10], 14 [11], 15, 16 [12], 17 [13], 18 [14] provisionally adopted on first reading by the Drafting Committee on 4 June 2008
      - Drafting Committee Chairman's statement of 6 June 2008
- U.N. Doc. A/CN.4/L.727/Rev.1 (F, S, R, C, A)
      - Texts of draft articles 5 and 13 and annex provisionally adopted on first reading by the Drafting Committee on 9 and 10 July 2008
      - Drafting Committee Chairman's statement of 17 July 2008
- U.N. Doc. A/CN.4/L.727/Rev.1/Add.1 (F, S, R, C, A)
F. Comments by Governments/International Organizations 
    1. 60th session of the International Law Commission (2008) 
- U.N. Doc. A/CN.4/592 (F, S, R, C, A) and Add.1 (F, S, R, C, A)
G. Other 
    1. 60th session of the International Law Commission (2008)  
      - Note by the Chairperson of the Working Group on the Effects of Armed Conflicts on Treaties
- U.N. Doc. A/CN.4/L.721 (F, S, R, C, A)
H. Reports of the International Law Commission 
    1. Report of the International Law Commission on the work of its Fifty-sixth session, 3 May to 4 June and 5 July to 6 August 2004   
      - Decided to include the topic in its current programme of work and appointed Ian Brownlie as Special Rapporteur .  
      - Discussion in Plenary: 2830th (F) mtg (6 August 2004) 
- ILC Report, A/59/10, 2004, Chp. XI.A.2, para.364
    2. Report of the International Law Commission on the work of its Fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
      - The Commission had before it the first report of the Special Rapporteur containing an entire set of draft articles and providing an overall view of the topic. The Commission also had before it a memorandum prepared by the Secretariat entitled, “The effect of armed conflict on treaties: an examination of practice and doctrine”. The Commission endorsed the Special Rapporteur's suggestion that the Secretariat be requested to circulate a note to Governments requesting information about their practice with regard to the topic, in particular more contemporary practice.  
      - Discussion in plenary: 2834th (F), 2835th (F), 2836th (F), 2837th (F), 2838th (F), 2839th (F), 2840th (F) mtgs (6 to 18 May 2005) and 2866th (F) mtg (5 August 2005) 
- ILC Report, A/60/10, 2005, Chp. V, paras. 108 - 191

 
 
    3. Report of the International Law Commission on the work of its Fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
      - The Commission had the second report of the Special Rapporteur before it.
      - Discussion in plenary: 2895th (F), 2896th (F), 2897th (F) and 2898th (F) mtgs, from 18 to 21 July 2006.
- ILC Report, A/61/10, 2006, Chp. X, paras. 178 - 211

 
 
    3. Report of the International Law Commission on the work of its Fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
      - The Commission had before it the third report of the Special
      Rapporteur (A/CN.4/578). At the 2928th meeting, on 31 May 2007, the Commission decided to establish a working group, under the chairmanship of Mr. Lucius Caflisch, to provide further guidance regarding several issues which had been identified in the Commission’s consideration of the Special Rapporteur’s third report. At its 2946th meeting, on 2 August 2007, the Commission adopted the
      report of the Working Group.
      - At the 2946th meeting, the Commission decided to refer to the Drafting Committee
      draft articles 1 to 3, 5, 5 bis, 7, 10 and 11, as proposed by the Special Rapporteur in his third report, together with the recommendations of the Working Group, as well as draft
      article 4, as proposed by the Working Group.
      - The Commission also approved the recommendation of the Working Group that the Secretariat circulate a note to international organizations requesting information about their practice with regard to the effect of armed conflict on treaties involving them.
      - Discussion in plenary: 2926th (F), 2927th (F), 2928th (F), and 2929th (F) mtgs, from 29 May to 1 June 2007, and the 2946th (F) mtg, held on 2 August 2007.
- ILC Report, A/62/10, 2007, Chp. VII, paras. 266-324

 
 
    4. Report of the International Law Commission on the work of its Sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
      - The Commission decided, at its 2964th meeting on 16 May 2008, to re-establish the Working Group on the Effects of Armed Conflicts on Treaties, under the chairmanship of Mr. Lucius Caflisch, to complete its consideration of several issues which had been identified in the Commission’s consideration of the Special Rapporteur’s third report during the fifty-ninth session in 2007.
      - The Working Group had before it the fourth report of the Special Rapporteur (A/CN.4/589), which was referred to it by the plenary, dealing with the question of the procedure for suspension or termination, a Note prepared by the Chairperson of the Working Group (A/CN.4/L.721) on the question of the applicability of articles 42 to 45 of the Vienna Convention on the Law of Treaties, as well as a compilation of comments and observations received from international organizations (A/CN.4/592 and Add.1).
      - At the 2968th meeting, on 29 May 2008, the Commission decided to refer to the Drafting Committee draft articles 8, 8 bis, 8 ter, 8 quater, 9 and 14, as proposed by the Working Group, as well as draft articles 12 and 13, as proposed by the Special Rapporteur, together with the recommendations of the Working Group contained in its report.
      - At the 2993rd and 2994th meetings, on 6 August 2008, the Commission adopted a set of commentaries to the draft articles on the effects of armed conflicts on treaties, on first reading. At the 2993rd meeting, on 6 August 2008, the Commission decided, in accordance with articles 16 to 21 of its Statute to transmit the draft articles, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 January 2010.
      - Discussion in plenary: 2973rd (F) and 2980th (F) mtgs, on 6 June and 17 July 2008, 2993rd (F) and 2994th (F) mtgs, on 6 August 2008.
- ILC Report, A/63/10, 2008, Chp. V, paras. 55-66

 
 
I. General Assembly Action 
    Res. 59/41 of 2 December 2004 (E, F, S, R, C, A)
      - Endorsed the Commission's decision to include the topic in its programme of work.

 

    Res. 60/22 of 23 November 2005 (E, F, S, R, C, A)
      - Invited Governments to provide information to the International Law Commission on the topic.

 

    Res. 62/66 of 6 December 2007 (E, F, S, R, C, A)
      - Reiterated its invitation to Governments, within the context of chapter III of the 2005 report of the International Law Commission, to provide information to the Commission regarding State practice, in particular more contemporary practice on the topic "Effects of armed conflicts on treaties".

 

    Res. 63/123 of 11 December 2008 (E, F, S, R, C, A)
      - Expressed its appreciation to the International Law Commission...in particular for...the completion of the first reading of the draft articles on the topic.
      - Drew the attention of Governments to the importance for the International Law Commission of having their comments and observations by 1 January 2010 on the draft articles and commentaries on the topic.

 

J. Final Outcome 

Work in progress

 

 

 

 

 

 

 



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