A.
Mandate
G.A.
Res.478 (V) of 16 November 1950 (E,
F,
S,
R,
C,
A)
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| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
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| C.
Reports of the Working Group or Sub-Committee |
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| D.
Reports of the Special Rapporteur |
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1. Report
on reservations to multilateral conventions, containing
analysis of the debates in the Sixth Committee of the General
Assembly on the subject, the opinions of writers, examples
of clauses in conventions regarding reservations, practice
with regard to reservations, and a set of draft articles
on reservations.
-
Report of the Special Rapporteur, Mr. J.L. Brierly
(3rd session of
the ILC (1951))
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- U.N.
Doc. A/CN.4/41
and Corr.1 (in Ybk,
1951, vII)
- ILC Report, A/1858
(A/6/9), 1951, chp. II, par.13 |
| E.
Reports of the Drafting Committee |
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| F.
Comments by Governments |
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| G.
Other |
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1. 3rd
session of the International Law Commission (1951)
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Draft articles on reservations, annex to the Report of
the Special Rapporteur
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- U.N.
Doc. A/CN.4/L.18
(in Ybk,
1951, vII)
- ILC Report, A/1858
(A/6/9), 1951, chp. II, par.13 |
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Memorandum presented by Mr. Gilberto Amado
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- U.N.
Doc. A/CN.4/L.9
and Corr.1 (in Ybk,
1951, vII)
- ILC Report, A/1858
(A/6/9), 1951, chp. II, par.13 |
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Memorandum presented by Mr. Georges Scelle
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- U.N.
Doc. A/CN.4/L.14
(in Ybk,
1951, vII)
- ILC Report, A/1858
(A/6/9), 1951, chp. II, par.13 |
| H.
Reports of the International Law Commission |
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1. Report
of the International Law Commission on the work of its third
session, 16 May to 27 July 1951
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The Commission undertook discussion on this topic on the
basis of the report of the Special Rapporteur,
as well as memoranda presented by Messrs. Amado and Scelle.
The Commission completed its consideration of the item
and transmitted its
report containing its suggestions to the General Assembly.
It stated that the criterion of compatibility of a reservation
with the object and purpose of a convention - applied
by the International Court of Justice in its advisory
opinion on reservations to the Genocide Convention - would
not be suitable for application to multilateral conventions
in general; while no single rule uniformly applied could
be wholly satisfactory, a rule suitable for application
in the majority of cases could be found in the practice
theretofore followed by the Secretary-General, with some
modifications. It recommended further that clauses on
reservations should be inserted in future conventions.
- Discussion in plenary: 100th,
101st,
102nd,
103rd,
104th,
105th
and 106th
mtgs (11 to 19 June 1951),
125th, 126th,
127th
and 128th
mtgs (16 to 19 July 1951), and 133rd
mtg (26 July 1951)
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- ILC
Report, A/1858
(A/6/9), 1951, chp. II, paras.12-34
- Ybk,
1951, vII
- Ybk,
1951, vI
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| I.
General Assembly Action |
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| J.
Final Outcome |
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Final
report containing its conclusions and suggestions
on the question of reservations to multilateral conventions
from the point of view of codification and the progressive
development of international law.
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- ILC
Report, A/1858
(A/6/9), 1951, chp. II, par.34
- Ybk,
1951, vII |
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Res.
598 (VI) of 12 January 1952 (E,
F,
S,
R,
C,
A)
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Endorsed the Commission's recommendation that clauses
on reservations should be inserted in future conventions;
and stated that the Court's advisory opinion should
be followed in regard to the Genocide Convention. It
asked the Secretary-General, in respect of future United
Nations conventions, to act as depositary for documents
containing reservations or objections thereto without
passing on the legal effect of such documents. 1
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Res.
1452 (XIV) of 7 December 1959 (E,
F,
S,
R,
C,
A)
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Requested the Secretary-General to follow the same practice
with respect to United Nations conventions concluded
before, as well as after, the Assembly's decision of
1952.
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(back)
1. The Commission returned to the subject
in the course of its preparation of the draft articles on the
law of treaties and the question
of treaties concluded between States and international organizations
or between two or more international organizations. The Commission
has also taken up the topic in the context of its work on the
law and practice relating to reservations to
treaties.
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Reservations to Multilateral Conventions
