|
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 |
|
|
|
|
-
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 |
|
|
|
|
|
|
-
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
Commissions consideration of the Special
Rapporteurs 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 Commissions
consideration of the Special Rapporteurs
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
|
|
|
|
|