A.
Mandate
- After
discussing the possibility of considering the topic in 1964,
the Commission in 1967 decided to place it on its programme
of work.
- G.A. Res. 2272 (XXII) of 1 December 1967
(E,
F,
S,
R,
C,
A)
|
|
B.
Studies undertaken by the Secretariat and Reports of the Secretary-General
|
|
| 1. 25th
session of the International Law Commission (1973) |
|
- Decisions
of national courts relating to the most-favoured-nation
clause: digest prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/269
(F)
(in Ybk,
1973, vII (F))
- ILC Report, A/9010/Rev.1
(F)
(A/28/10), 1973, chp. IV(A)(1), par.111 |
C.
Reports of the Working Group or Sub-Committee
|
|
|
|
|
D.
Reports of the Special Rapporteur
|
|
1. Account
of the preparatory work undertaken by the Special Rapporteur
on the topic and outline of the possible contents of a report
to be presented.
-
Working paper by the Special Rapporteur, Mr. Endre
Ustor (20th session
of the ILC (1968))
|
- U.N.
Doc.
A/CN.4/L.127 (F)
(in Ybk,
1968, vII (F))
- ILC Report, A/7209/Rev.1
(F)
(A/23/9), 1968, chp. IV, paras.92-94 |
2. History
of the most-favoured nation clause up to the Second World
War.
-
First Report of the Special Rapporteur, Mr. Endre
Ustor (21st session
of the ILC (1969))
|
- U.N.
Doc. A/CN.4/213
(F)
(in Ybk,
1969, vII (F))
- ILC Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. V, par.89 |
3. Analytical
survey of the views expressed in some cases dealt with by
the International Court of Justice pertaining to the clause;
information supplied by the international organizations.
-
Second Report of the Special Rapporteur, Mr. Endre
Ustor (22nd session
of the ILC (1970))
|
- U.N.
Doc. A/CN.4/228
and Add.1 (F)
(in Ybk,
1970, vII (F))
- ILC Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(D), paras.110-111 |
4. Five
draft articles with commentaries, on the use of terms, the
definitions of most-favoured-nation clause and most-favoured-nation
treatment, the legal basis of most-favoured-nation treatment,
and the source of the right of the beneficiary State.
-
Third Report of the Special Rapporteur, Mr. Endre
Ustor (24th session
of the ILC (1972))
|
- U.N.
Doc. A/CN.4/257
and Add.1 (F)
(in Ybk,
1972, vII (F))
- ILC Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. IV(C), par.74 |
5. Three
draft articles on presumption of unconditional character
of the clause, the ejusdem generis rule and the acquired
right of the beneficiary State.
-
Fourth Report of the Special Rapporteur, Mr. Endre
Ustor (25th session
of the ILC (1973))
|
- U.N.
Doc. A/CN.4/266
(F)
(in Ybk,
1973, vII (F))
- ILC Report, A/9010/Rev.1
(F)
(A/28/10), 1973, chp. IV(A)(1), par.106 |
6. The
effect of an unconditional most-favoured-nation clause and
of a most-favoured-nation clause conditional on material
reciprocity; the observance of the laws and regulations
of the granting State; the scope of the clause regarding
persons and things; the national treatment clause; national
treatment and national treatment in federal States; the
effect of an unconditional national treatment clause and
of a national treatment clause conditional on material reciprocity;
the right of the beneficiary State under a most-favoured-nation
clause to national treatment; the cumulation of national
treatment and most-favoured-nation treatment; and the commencement
and the termination or suspension of the functioning of
a most-favoured-nation clause. Thirteen draft articles (arts.
6 bis, ter and quater; 7 bis;
9-10; 10 bis; and 11-16).
-
Fifth Report of the Special Rapporteur, Mr. Endre
Ustor (26th session
of the ILC (1974))
|
- U.N.
Doc. A/CN.4/280
(F)
(in Ybk,
1974, vII(1) (F))
- ILC Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. VI(B), par.161
|
7. Additional
comments on past draft articles; discussion of the case
of customs unions and similar associations of States and
of different levels of States' economic development.
-
Sixth Report of the Special Rapporteur, Mr. Endre
Ustor (27th session
of the ILC (1975))
|
- U.N.
Doc. A/CN.4/286
and Corr.1 (F)
(in Ybk,
1975, vII (F))
- ILC Report, A/10010/Rev.1
(F)
(A/ 30/10), 1975, chp. IV(A)(1), paras.96-97 |
8. Proposals
concerning certain articles previously adopted and five
additional draft articles with commentaries, dealing with
the relationship of the cases of State succession, State
responsibility and outbreak of hostilities; the non-retroactivity
of the draft articles; the freedom of the parties to draft
the clause and restrict its operation; and most-favoured-nation
clauses in relation to treatment extended to land-locked
States. It also contained a chapter entitled "Provisions
in favour of developing States" and one entitled "Settlement
of Disputes".
-
Seventh Report of the Special Rapporteur, Mr. Endre
Ustor (28th session
of the ILC (1976))
|
- U.N.
Doc. A/CN.4/293
and Add.1 (F)
(in Ybk,
1976, vII(1) (F))
- ILC Report, A/31/10,
(F),
1976, chp. II(A)(1), paras.32-33 |
9. Four
sections: Section I -Introduction, Section II - Comments
on the draft articles as a whole, Section III - Comments
on individual provisions of the draft articles, Section
IV - The problem of the procedure for the settlement of
disputes relating to the interpretation and application
of a Convention based on the draft articles.
-
Report of the Special Rapporteur, Mr. Nikolai Ushakov
(30th session
of the ILC (1978))
|
- U.N.
Doc. A/CN.4/309
and Add.1 and 2 (F)
(in Ybk,
1978, vII(1) (F))
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par. 45 |
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Texts adopted by the Drafting Committee: arts.1-7
|
- U.N.
Doc. A/CN.4/L.203
(F)
(in Ybk,
1973, vI, (F),1238th
mtg (2 July 1973))
- ILC Report, A/9010/Rev.1
(F)
(A/28/10), 1973, chp. IV(A)(1), paras.107-108 |
|
|
|
-
Texts adopted by the Drafting Committee: arts. 6 [8],
6 bis [9], 6 ter [10], 7 [11], 7 bis
[12], 6 ter/bis [13], 8 [14], 8 bis [15],
13 [16], 14 [17], 15 [18], 16 [19], 6 quater [20],
and 0 [21]
|
- U.N.
Doc. A/CN.4/L.238
(F)
(in Ybk,
1975, vI, (F)
1352nd mtg (17 July 1975))
- ILC Report, A/10010/Rev.1
(F)
(A/30/10), 1975, chp. IV(A)(1), par.97 |
|
|
|
-
Entire set of draft articles resulting from decisions
taken by the Drafting Committee at the 28th
session
|
- U.N.
Doc. A/CN.4/L.244 (mimeograph)
- ILC Report, A/31/10,
(F),
1976, chp. II(A)(1), par.33 |
|
|
|
-
Texts adopted by the Drafting Committee: title of the
draft and articles 1-29
|
- U.N.
Doc. A/CN.4/L.280
(F)
(in Ybk,
1978, vI, (F),
1521st mtg (19 July 1978))
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.45 |
| F.
Comments by Governments |
|
|
|
|
-
Comments of Member States, organs of the United Nations,
specialized agencies and other intergovernmental organizations
on the draft articles on the most-favoured-nation clause
adopted by the International Law Commission at its twenty-eighth
session
|
- U.N.
Doc.
A/CN/4/308 and Add.1, Add.1/Corr.1 and Add.2 (F)
(in ILC Report, A/33/10,
(F),
1978, annex)
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.43 |
| G.
Other |
|
|
|
|
-
Additional article submitted by the Special Rapporteur
|
- U.N.
Doc. A/CN.4/L.228
(F)
and Rev.1
(F)
(in Ybk,
1975, vI, (F),
1341st and 1342nd mtgs (1 and 2 July 1975))
- ILC Report, A/10010/Rev.1
(F)
(A/30/10), 1975, chp. IV(A)(1), par.97 |
-
New article proposed by Mr. Reuter
|
- U.N.
Doc. A/CN.4/L.229
and Corr.1 (F)
(in Ybk,
1975, vI, (F),
1342nd mtg (2 July 1975)) |
|
|
|
-
Alternative drafts for a Customs union and free-trade
area exception suggestion by Mr. Hambro
|
- U.N.
Doc. A/CN.4/L.242
(F)
(in Ybk,
1976, vII(1) (F)) |
|
|
|
-
Article A proposed by Mr. Reuter
|
- U.N.
Doc. A/CN/4/L.264
(F)
(in ILC Report, A/33/10,
(F),
1978, chp. II(A)(3), par. 55)
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.44 |
-
Article 21 ter proposed by Mr. Reuter
|
- U.N.
Doc. A/CN/4/L.265
(F)
(in ILC Report, A/33/10,
(F),
1978, chp. II(A)(3), par. 55)
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.44 |
-
Article 21 bis proposed by Mr. Njenga
|
- U.N.
Doc. A/CN.4/L.266
(F)
(in Ybk,
1978, vI, (F),
1494th mtg (6 June 1978))
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.44 |
-
Article 23 bis proposed by Sir Francis Vallat
|
- U.N.
Doc. A/CN.4/L.267
(F)
(in ILC Report, A/33/10,
(F),
1978, chp. II(A)(4), par. 57)
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.44 |
-
Statement made by the representative of the UNCTAD secretariat
at the 1497th meeting, at the request of the Commission
|
- U.N.
Doc. A/CN/L.268
(F)
(ILC Report, A/33/10,
(F),
1978, annex)
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.43 |
-
Article 28 proposed by Mr. Tsuruoka
|
- U.N.
Doc. A/CN.4/L.270
(F)
(in ILC Report, A/33/10,
(F),
1978, chp. II(A)(5)(a), par. 68)
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.44 |
-
Text of article 23 bis [renumbered article 24]
adopted by the Commission at its 1520th meeting
|
- U.N.
Doc. A/CN.4/L.281
(F)
(in Ybk,
1978, vI, (F),1520th
mtg (18 July 1978))
- ILC Report, A/33/10,
(F),
1978, chp. II(A)(1), par.45 |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its nineteenth
session, 8 May to 14 July 1967
-
Decided to take up the topic. Appointed Mr. Endre Ustor
as Special Rapporteur.
|
- ILC
Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. III(A)(4), par.48
- Ybk,
1967, vII (F) |
2. Report
of the International Law Commission on the work of its twentieth
session, 27 May to 2 August 1968
-
Discussed the scope of the topic. The Commission instructed
the Special Rapporteur not to confine his studies
to the domain of international trade but to explore the
major fields of application of the clause. The Commission
considered that it should clarify the scope and effect
of the clause as a legal institution in the context of
all aspects of its practical application.
- Discussion in plenary:
975th (F)
and 976th
(F)
mtgs (15 and 16 July 1968); 979th
(F)
mtg (22 July 1968)
|
- ILC
Report, A/7209/Rev.1
(F)
(A/23/9), 1968, chp. IV, paras.92-94
-
Ybk,
1968, vII (F)
- Ybk,
1968, vI (F)
|
3. Report
of the International Law Commission on the work of its twenty-first
session, 2 June to 8 August 1969
-
Considered the first report of the Special Rapporteur.
The Commission instructed the Special Rapporteur
to prepare next a study having regard, inter alia, to
three cases dealt with by the International Court of Justice
relevant to the clause.
- Discussion in Plenary: 1036th
(F)
mtg (5 August 1969)
|
- ILC
Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. V, paras.85-89
- Ybk,
1969, vII (F)
- Ybk,
1969, vI (F)
|
4. Report
of the International Law Commission on the work of its twenty-second
session, 4 May to 10 July 1970
-
The Special Rapporteur submitted his second report.
Despite resolutions 2501 (XXIV) and 2634 (XXV) of the
General Assembly encouraging the Commission to continue
its study, the Commission found itself obliged to postpone
the consideration of the topic owing to lack of time.
|
- ILC
Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. V(E), par.90
- Ybk,
1970, vII (F) |
5. Report
of the International Law Commission on the work of its twenty-third
session, 26 April to 30 June 1971
-
On the suggestion of the Special Rapporteur the
Commission requested the Secretariat to prepare on the
basis of collections of law reports available to it and
of the information to be requested from governments a
"Digest of decisions of national courts relating to the
most-favoured-nation clauses".
|
- ILC
Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(D), paras.106-113
- Ybk,
1971, vII(1) (F) |
6. Report
of the International Law Commission on the work of its twenty-fourth
session, 2 May to 7 July 1972
-
The Special Rapporteur submitted a third report
containing five articles, with commentaries, on the use
of terms, the definitions of most-favoured-nation clause
and most-favoured-nation treatment, the legal basis of
most-favoured-nation treatment, and the source of the
right of the beneficiary State. The Commission was unable,
again for lack of time, to consider the report during
the session. At the suggestion of the Special Rapporteur,
the Commission requested the Secretariat to prepare a
study on the most-favoured-nation clauses included in
the treaties published in the United Nations Treaty
Series.
|
- ILC
Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. IV(C), paras.74-75
- Ybk,
1972, vII (F) |
7. Report
of the International Law Commission on the work of its twenty-fifth
session, 7 May to 13 July 1973
-
The Special Rapporteur presented his fourth report
containing three more draft articles, with commentaries,
dealing with the presumption of unconditional character
of the clause, the ejusdem generis rule and the
acquired rights of the beneficiary State. It considered
the Special Rapporteur's third report and adopted
draft articles 1 - 7 together with commentaries on first
reading.
- Discussion in Plenary: 1214th
(F),
1215th
(F),
1216th
(F),
1217th
(F)
and 1218th
(F)
mtgs (25 May to 1 June 1973), and 1238th
(F)
mtg (2 July 1973)
|
- ILC
Report, A/9010/Rev.1
(F)
(A/28/10), 1973, chp. IV, paras.93-123
- Ybk,
1973, vII (F)
-Ybk,
1973, vI (F)
|
8. Report
of the International Law Commission on the work of its twenty-sixth
session, 6 May to 26 July 1974
-
The Special Rapporteur presented his fifth report.
The Commission was unable to consider the topic owing
to a lack of time.
|
- ILC
Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. VI(B), par.161
- Ybk,
1974, vII(1) (F) |
9. Report
of the International Law Commission on the work of its twenty-seventh
session, 5 May to 25 July 1975
-
The Commission considered the fourth, fifth and sixth
reports of the Special Rapporteur, and adopted
draft articles 8 - 21 with commentaries on first reading.
- Discussion in Plenary: 1330th
(F),
1331st
(F),
1332nd
(F),
1333rd
(F),
1334th
(F),
1335th
(F),
1336th
(F),
1337th
(F),
1338th
(F),
1339th
(F),
1340th
(F),
1341st
(F),
1342nd
(F),
1343rd
(F),
and 1344th
(F),
mtgs (16 June to 4 July 1975), and 1352nd
(F),
and 1353rd
(F)
mtgs (17 and 21 July 1975)
|
- ILC
Report, A/10010/Rev.1
(F)
(A/30/10), 1975, chp. IV, paras.77-119
-
Ybk,
1975, vII (F)
-Ybk,
1975, vI (F)
|
10.
Report of the International Law Commission on the work of
its twenty-eighth session,
3 May to 23 July 1976
-
The Commission had before it the seventh report of the
Special Rapporteur. The Commission adopted on first
reading draft articles 21 to 27 as well as article 2(e)
with commentaries. It decided to transmit the provisional
draft articles, through the Secretary-General, to Governments
of Member States for their observations.
- Discussion in Plenary:
1377th (F),
1378th
(F),
1379th
(F),
1380th
(F),
1381st
(F),
1382nd
(F),
1383rd
(F),
1384th
(F),
1385th
(F),
1386th
(F),
1387th
(F),
1388th
(F)
and 1389th
(F)
mtgs (26 May to 14 June 1976), and 1404th
(F)
mtg (8 July 1976)
|
- ILC
Report, A/31/10,
(F),
1976, chp. II, paras.10-60
- Ybk,
1976, vII(2) (F)
- Ybk,
1976, vI (F)
|
11.
Report of the International Law Commission on the work of
its twenty-ninth session,
9 May to 29 July 1977
-
The Commission appointed Mr. Nikolai A. Ushakov as Special
Rapporteur. He was required to present to the Commission
at its next session a report on the topic taking into
account the comments received from both Member States
and United Nations organs and interested intergovernmental
organizations."
|
- ILC
Report, A/32/10,
(F),
1977, chp. V(A), paras.77-78
- Ybk,
1977, vII(2) (F) |
12.
Report of the International Law Commission on the work of
its thirtieth session,
8 May to 28 July 1978
-
The Commission adopted the final
text of a thirty-article draft with commentaries
and recommended that the General Assembly recommend it
to Member States with a view to the conclusion of a convention.
- Discussion in Plenary: 1483rd
(F),
1484th
(F),
1485th (F),
1486th
(F),
1487th
(F),
1488th
(F),
1489th
(F),
1490th
(F),
1491st
(F),
1492nd
(F),
1493rd
(F),
1494th
(F),
1495th
(F),
1496th
(F),
1497th
(F),
1498th
(F),
1499th
(F)
and 1500th
(F)
mtgs (22 May to 14 June 1978), 1505th
(F)
and 1506th
(F)
mtgs ( 21 and 22 June 1978), and 1520th
(F),
1521st
(F),
1522nd
(F)
and
1523rd (F)
mtgs (18 to 21 July 1978)
|
- ILC
Report,
A/33/10, (F),
1978, chp. II, paras. 15-74
- Ybk,
1978, vII(2) (F)
- Ybk,
1978, vI (F)
|
| I.
General Assembly Action |
|
Res.
2501 (XXIV) of 12 November 1969 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its study of
the most-favoured-nation clause.
|
|
Res.
2634 (XXV) of 12 November 1970 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its study of
the most-favoured-nation clause.
|
|
Res.
3495 (XXX) of 15 December 1975 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission should complete the first
reading of the draft articles at its (the Commission's)
twenty-eighth session
(1976).
|
|
Res.
31/97 of 15 December 1976 (E,
F,
S,
R,
C,
A)
-
Welcomed the completion of the first reading of the draft
articles and recommended that the Commission should conclude
the second reading of them at its thirtieth
session (1978) in the light of comments received from
Member States, from organs of the United Nations which
had competence on the subject-matter and from interested
intergovernmental organizations.
|
|
Res.
32/151 of 19 December 1977 (E,
F,
S,
R,
C,
A)
-
Reiterated its recommendation contained in Res. 31/97
of 15 December 1976.
|
|
| J.
Final Outcome |
|
| International
Law Commission (30th session, 1978) |
|
-
Recommended the draft articles with a view to the conclusion
of a convention.
|
- ILC
Report, A/33/10,
(F),
1978, chp. II, par. 73
-
Ybk, 1978, vII(2) (F) |
| General
Assembly |
|
Res.
33/139 of 19 December 1978 (E,
F,
S,
R,
C,
A)
-
Invited States, organs of the United Nations and interested
intergovernmental organizations to submit written comments
on the draft articles adopted by the Commission, on the
provisions on which no decision was taken by the Commission
and on the recommendation made by the Commission.
|
|
Res.
35/161 of 15 December 1980 (E,
F,
S,
R,
C,
A)
-
Requested the Secretary-General to retierate his invitation
to member States, organs of the United Nations which have
competence in the subject-matter and interested intergovernmental
organizations to submit comments on the report of the
International Law Commission.
|
|
Res.
36/111 of 10
December 1981
(E,
F,
S,
R,
C,
A)
-
Requested the Secretary-General to retierate his invitation
to member States, organs of the United Nations which have
competence in the subject-matter and interested intergovernmental
organizations to submit comments on the report of the
International Law Commission.
|
|
Res.
38/127 of 19 December 1983
(E,
F,
S,
R,
C,
A)
-
Requested the Secretary-General to retierate his invitation
to member States, organs of the United Nations which have
competence in the subject-matter and interested intergovernmental
organizations to submit comments on the report of the
International Law Commission.
|
|
Res.
40/65 of 11
December 1985
(E,
F,
S,
R,
C,
A)
-
Requested
the Secretary-General to retierate his invitation to member
States, organs of the United Nations which have competence
in the subject-matter and interested intergovernmental
organizations to submit comments on the report of the
International Law Commission.
|
|
Decision
43/429 of 9 December 1988
-
Noted the complexity of codification or progressive development
of the international law on most-favoured-nation clauses,
and considered that additional time should be given to
Governments for thorough study of draft articles and for
determining their respective positions on the most appropriate
agenda for future work. Decided to include the item in
the provisional agenda of its forty-sixth session, in
1991.
|
|
Decision.
46/416 of 9 December 1991
-
Having noted with appreciation the valuable work done
by the Commission on the most-favoured-nation clauses,
as well as the observations and comments of Member States,
of organs of the United Nations, of the specialized agencies
and of interested intergovernmental organizations, the
Assembly decided to bring the draft articles on most-favoured-nation
clauses, as contained in the Report of the Commission
on the work of its thirtieth session, to the attention
of Member States and interested intergovernmental organizations
for their consideration in such cases and to the extent
as they deemed appropriate.
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Most-favoured-nation Clause
