A.
Mandate
- 1993
recommendation of the Working-Group on the long-term programme
of work
- G.A. Res.48/31 of 9 December 1993 (E,
F,
S,
R,
C,
A)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
1.
61st session
of the International Law Commission (2009)
-
Reservations to treaties in the context of succession
of States: Memorandum by the Secretariat
|
-
U.N. Doc. A/CN.4/616
(F,
S,
R,
C,
A)
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. Proposed
a more neutral title such as "Reservations to treaties".
Main issues: introduction; the Commission's previous work
on reservations and the outcome; brief inventory of the
problem of the topic; and the scope and form of the Commission's
future work.
-
First Report of the Special Rapporteur, Mr. Alain
Pellet (47th
session of the ILC (1995))
|
- U.N.
Doc. A/CN.4/470
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
and 2
(F,
S,
R,
C,
A))
- ILC Report, A/50/10,
(F),
1995, chp. VI(B), paras.416-491 |
2. Considered
the Commission's future work on the topic and proposed a
provisional general outline of the study: first report on
reservations to treaties and the outcome, the future work
of the Commission on the topic, conclusion of the chapter.
Dealt, on the one hand, with the legal regime for reservations
and substantive rules applicable to reservations in general,
and on the other hand, with the application of this general
regime to human rights treaties. Contained a draft resolution
addressed to the General Assembly on reservations to multilateral
normative treaties.
-
Second Report of the Special Rapporteur, Mr. Alain
Pellet (48th
session of the ILC (1996))
|
- U.N.
Doc. A/CN.4/477
(F,
S,
R,
C,
A)
, Corr.1 (French
only), Corr.2
(S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
and Add.1/Corr.1 (English
only), Add.1/Corr.2 (French
only), Add.1/Corr.3
(F, S,
R,
C,
A)
and Add.1/Corr.4 (French
only)
- ILC Report, A/51/10
(F),
1996, chp.
VI(B), paras.108-138 |
3. Definition
of reservations (and of interpretative declarations) to
treaties.
-
Third Report of the Special Rapporteur, Mr. Alain
Pellet (50th
session of the ILC (1998))
|
-
U.N. Doc. A/CN.4/491
(F,
S,
R,
C,
A)
and Corr.1
(English only), Add.
1 (F,
S,
R,
C,
A),
Add.2
(F,
S,
R,
C,
A)
and Add.2/Corr.1
(F,
S,
R,
C,
A)
, Add.3
(F,
S,
R,
C,
A)
and Add.3/Corr.1 (Arabic,
Russian
and French
only), Add.4
(F,
S,
R,
C,
A)
and Add.4/Corr.1
(F,
S,
R,
C,
A)
Add.5
(F,
S,
R,
C,
A)
, Add.6
(F,
S,
R,
C,
A)
and Add.6/Corr.1
(F,
S,
R,
C,
A)
- ILC Report, A/53/10
(F),
1998, chp.
IX(B), paras.478, 481-520
|
|
|
-
U.N. Doc. A/CN.4/499
(F,
S,
R,
C,
A)
and A/CN.4/478/Rev.1
(F,
S,
R,
C,
A)
- ILC Report, A/54/10
(F),
1999, chp.
VI(B) , paras. 466 and 467 |
5. Review
of the earlier work of the Commission on the topic. Consideration
of alternatives to reservations and interpretative declarations
and the formulation, modification and withdrawal of reservations
and interpretative declarations. Consolidated text of all
draft guidelines dealing with definitions adopted on first
reading or proposed in the fifth report.
-
Fifth Report of the Special Rapporteur, Mr. Alain Pellet
(52nd
session of the ILC (2000))
|
- U.N.
Doc. A/CN.4/508
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
, Add.2
(F,
S,
R,
C,
A),
Add.3
(F,
S,
R,
C,
A)
and Add.3/Corr.1 (French
only), and Add.4
(F,
S,
R,
C,
A)
- ILC Report, A/55/10,
2000, chp.VII, paras. 623-661
- ILC Report, A/56/10,
2001, chp.VI, paras. 112-115 (consideration of A/CN.4/508/Add.3
and 4)
|
6. Review
of the modalities of formulating reservations and interpretative
declarations (in particular their form and notification)
as well as the publicity of reservations and interpretative
declarations (their communication, recipients and obligations
of the depositary), together with a consolidated text of
all draft guidelines dealing with the formulation of reservations
and interpretative declarations proposed in the fifth and
sixth reports.
-
Sixth Report of the Special Rapporteur, Mr. Alain Pellet
(53rd
session of the ILC (2001))
|
-
U.N.Doc.A/CN.4/518
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A),
Add.
2 (F,
S,
R,
C,
A)
and Add.3
(F,
S,
R,
C,
A)
- ILC Report, A/56/10,
2001, chp.VI, paras. 112-155
|
7. Review
of the earlier work on the topic; the lessons drawn from
the consideration of the previous report; and the main developments
of the past year. Consideration of withdrawal and modification
of reservations to treaties and interpretative declarations,
including the form and procedure for the withdrawal of a
reservation as well as the effect of such a withdrawal;
as well as the modification of reservations, together with
a consolidated text of all draft guidelines adopted by the
Commission or proposed by the Special Rapporteur.
-
Seventh Report of the Special Rapporteur, Mr. Alain Pellet
(54th
session of the ILC (2002))
|
-
U.N. Doc. A/CN.4/526
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
, Add.2
(F,
S,
R,
C,
A)
and Add.3
(F,
S,
R,
C,
A)
- ILC Report, A/57/10,
2002, chp. IV, paras. 48 - 101
|
8. Conclusion
of the study on the withdrawal and modification of reservations
and interpretative declarations, by considering first the
issue of enlargement of the scope of reservations and second
the issue of withdrawal and modification of interpretative
declarations. The second part of the report was devoted
to the formulation of objections to reservations and interpretative
declarations.
-
Eighth Report of the Special Rapporteur, Mr. Alain Pellet
(55th
session of the ILC (2003))
|
-
U.N. Doc. A/CN.4/535
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/58/10,
2003, chp. VIII, paras. 326 - 366 |
9. Consideration
of the object and definition of objections. Complementary
to the eighth report on the formulation of objections to
reservations and interpretative declarations.
-
Ninth Report of the Special Rapporteur, Mr. Alain Pellet
(56th
session of the ILC (2004))
|
- U.N.
Doc. A/CN.4/544
(F,
S,
R,
C,
A)
-
ILC Report, A/59/10,
2004, chp. IX, paras. 248 - 295
|
10.
Discussion of the expression “validity of reservations”;
the principle derived from the chapeau of article 19 of
the Vienna Convention and the problems raised by express
or implicit prohibitions of reservations, covered in subparagraphs
(a) and (b) of that article; as well as of the compatibility
of reservations with the object and purpose of the treaty,
stipulated in article 19 (c) (validity or invalidity of
reservations relating to the
application of internal law, customary rules or the rules
of jus cogens) and the determination of the validity of
reservations and the consequences thereof.
-
Tenth Report of the Special Rapporteur, Mr. Alain Pellet
(57th
session of the ILC (2005))
|
-
U.N. Doc. A/CN.4/558
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A),
Add.1
(F,
S,
R,
C,
A)
and Add.1/Corr.1
(F,
S,
R,
C,
A),
and Add.2
(F,
S,
R,
C,
A).
-
ILC Report, A/60/10,
2005, chp. X, paras. 333 - 438 |
11.
An overview of the consideration of the seventh to tenth
reports, together with a consideration of recent developments
with regard to reservations to treaties. Consideration of
the formulation and withdrawal of objections to reservations.
-
Eleventh Report of the Special Rapporteur, Mr. Alain Pellet
(59th
session of the ILC (2007))
|
- U.N.
Doc. A/CN.4/574
(F,
S,
R,
C,
A)
- ILC Report, A/62/10,
2007, chp. IV, paras. 50-67
|
12.
Procedure for the acceptance of reservations: express or
tacit acceptance of reservations, form and procedure for
express acceptances of reservations, acceptance of reservations
to the constituent instrument of an international organization,
and irreversibility of acceptances of reservations.
-
Twelfth Report of the Special Rapporteur, Mr. Alain Pellet
(59th
session of the ILC (2007))
|
- U.N.
Doc. A/CN.4/584
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
- ILC Report, A/62/10,
2007, chp. IV, paras. 113-152
|
13.
Reactions to interpretative declarations (positive reaction
— approval, negative reaction — opposition, reclassification,
silence, and rules applicable to the formulation of an approval,
opposition or reclassification in respect of an interpretative
declaration) and conditional interpretative declarations
-
Thirteenth Report of the Special Rapporteur, Mr. Alain
Pellet (60th
session of the ILC (2008))
|
- U.N.
Doc. A/CN.4/600
(F,
S,
R,
C,
A)
- ILC Report, A/63/10,
2008, chp. VI, paras. 80-122
|
14.
Summary of the lessons to be drawn from the completion of
the consideration of the tenth report in 2006, and from
the consideration of the eleventh, twelfth and thirteenth
reports in 2007 and 2008 by the Commission and by the Sixth
Committee of the General Assembly, supplemented by a presentation
of the main contemporary developments concerning reservations.
-
Fourteenth Report of the Special Rapporteur, Mr. Alain
Pellet (61st
session of the ILC (2009))
|
- U.N.
Doc. A/CN.4/614
(F,
S,
R,
C,
A)
and Corr.1
(E only) and Add.1
(F,
S,
R,
C,
A)
|
| |
|
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Texts of a draft resolution and draft conclusions adopted
by the Drafting Committee on first reading
|
-
U.N. Doc. A/CN.4/L.540
(F,
S,
R,
C,
A)
|
|
|
|
-
Titles and texts of draft guidelines of the Guide to
Practice adopted by the Drafting Committee of the fiftieth
session
|
- U.N.
Doc. A/CN.4/L.563
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
and 2 (French
only) |
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.575
(F)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.599
(F,
S,
R,
C,
A)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
|
- U.N.Doc.A/CN.4/L.603
(F,
R,
C,
A)
and Corr.
1 (F,
R,
C,
A)
and Corr.2 (English
only) and A/CN.4/L.603/Rev.1 (Spanish
only)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.614
(F,
S,
R,
C,
A)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
- Statement
of the Chairman of the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.630
(F,
S,
R,
C,
A),
Corr. 1 (French
only) and Corr. 2 |
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
|
- U.N.
Doc. A/CN.4//L.649
(F,
S,
R,
C,
A)
and Corr.1
(R,
C,
A)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
- Statement
of the Chairman of the Drafting Committee
|
- U.N.
Doc. A/CN.4//L.665
(F,
S,
R,
C,
A) |
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
- Statement
of the Chairman of the Drafting Committee
|
- U.N.
Doc. A/CN.4//L.685
(F,
S,
R,
C,
A)
and Corr.
1 (F,
S,
R,
C,
A)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
- Statement
of the Chairman of the Drafting Committee
|
- U.N.
Doc. A/CN.4//L.705
(F,
S,
R,
C,
A)
and Corr.
1 (F,
S,
R,
C,
A)
|
|
|
|
-
Titles and texts of the draft guidelines adopted by
the Drafting Committee
- Statement of the Chairman of the Drafting Committee
(3
June 2008, 7
July 2008 and 30
July 2008)
|
- U.N.
Doc. A/CN.4//L.723
(F,
S,
R,
C,
A)
and Corr.
1 (F,
S,
R,
C,
A),
Corr. 2 (F
only) and Corr.
3 (F,
S,
R,
C,
A)
- U.N. Doc. A/CN.4//L.739
(F,
S,
R,
C,
A)
and Corr.
1 (F,
S,
R,
C,
A)
- U.N. Doc. A/CN.4//L.740
(F,
S,
R,
C,
A) |
|
|
|
-
Text and title of the draft guidelines provisionally
adopted by the Drafting Committee on 5, 6, 18, 19, 27,
28 and 29 May 2009
- Statement of the Chairman of the Drafting Committee
(5
June 2009, and 22
July 2009)
|
-
U.N. Doc. A/CN.4//L.744
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A),
Corr. 2 (E
only) and Add.1
(F,
S,
R,
C,
A) |
| |
|
| F.
Comments by Governments |
|
|
|
|
| G.
Other |
|
|
|
|
-
Bibliography concerning reservations to treaties and questionnaires
|
- U.N.
Doc. A/CN.4/478
(F,
S,
R,
C,
A)
(annex to U.N. Doc. A/CN.4/477); See too document A/CN.4/478/Rev.1
(F,
S,
R,
C,
A) |
|
|
|
-
Bibliography concerning reservations to treaties (revised)
|
-
U.N. Doc. A/CN.4/478/Rev.1
(F,
S,
R,
C,
A)
|
|
|
|
-
Note by the Special Rapporteur on the first paragraph
of draft guideline 2.1.7 adopted by the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.623
(F,
S,
R,
C,
A)
|
| |
|
|
|
|
-
Note by the Special Rapporteur on draft guideline 3.1.5,
““Definition of the object and purpose of
the treaty”” (tenth report, document A/CN.4/558)
|
- U.N.
Doc. A/CN.4/572
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A) |
|
|
|
|
|
-
Note by the Special Rapporteur on draft guideline 2.1.9,
“Statement of reasons for reservations”
|
- U.N.
Doc. A/CN.4/586
(F,
S,
R,
C,
A)
|
-
Summary of discussions, held in 2007, with United Nations
and other experts in the field of human rights, including
representatives from various human rights treaty bodies,
prepared by the Special Rapporteur, Mr. Alain Pellet
|
- U.N.
Doc. ILC(LIX)/RT/CRP.1
(E
and F
only) |
| |
|
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its forty-fifth
session, 3 May to 23 July 1993
-
The Commission decided to include the topic in its agenda,
on the understanding that the final form to be given to
the work on this topic was to be decided after a preliminary
study was presented to the General Assembly.
- Discussion in Plenary: 2317th
(F)
mtg (7 July 1993)
|
- ILC
Report,
A/48/10, (F),
1993, chp. VI(A), paras. 420, 425-440
- Ybk,
1993, vII(2) (F)
- Ybk,
1993, vI (F)
|
2. Report
of the International Law Commission on the work of its forty-sixth
session, 2 May to 22 July 1994
-
The Commission appointed Mr. Alain Pellet Special Rapporteur
for the topic.
-Discussion in Plenary: 2376th
(F)
mtg (22 July 1994)
|
- ILC
Report, A/49/10,
(F),
1994, chp. VI(A), para.382
- Ybk,
1994, vII(2) (F)
- Ybk,
1994, vI (F)
|
3. Report
of the International Law Commission on the work of its forty-seventh
session, 2 May to 21 July 1995
-
The Commission endorsed the conclusions drawn from the
debate by the Special Rapporteur as to the orientation
of the future work on the topic and agreed that these
conclusions constitute the result of the preliminary study
requested by General Assembly resolutions 48/31 and 49/51.
It authorized the Special Rapporteur to prepare
a detailed questionnaire, as regards reservations to treaties,
to ascertain the practice of, and problems encountered
by, States and international organizations, particularly
those which are depositaries of multilateral conventions.
- Discussion in Plenary: 2400th
(F),
2401st
(F),
2402nd
(F),
2403rd
(F)
and 2404th
(F)
mtgs (14 to 22 June 1995) , 2406th
(F)
and 2407th
(F)
mtgs (28 and 29 June 1995),
2412th (F)
and 2416th
(F)
mtgs (6 and 13 July 1995)
|
- ILC
Report,
A/50/10, (F),
1995, chp. VI, paras. 412-493
- Ybk,
1995, vII(2) (F)
-Ybk,
1995, vI (F)
|
4. Report
of the International Law Commission on the work of its forty-eighth
session, 6 May to 26 July 1996
-
The Special Rapporteur introduced his second report.
Owing to the lack of time, the Commission was unable to
consider the report and the draft resolution proposed
by the Special Rapporteur. It decided to defer
the debate on the topic until the next year.
- Discussion in Plenary:
2460th (F)
mtg (16 July 1996)
|
- ILC
Report, A/51/10
(F),
1996, chp. VI, paras. 102-140
- Ybk,
1996, vII(2) (F)
-Ybk,
1996, vI (F)
|
5. Report
of the International Law Commission on the work of its forty-ninth
session, 12 May to 18 July 1997
-
The Special Rapporteur re-introduced his second
report. The Commission, after considering the report,
adopted preliminary conclusions on reservations to normative
multilateral treaties, including human rights treaties.
- Discussion in Plenary: 2487th
(F)
mtg (3 June 1997), 2499th
(F)
mtg (25 June 1997),
2500th (F),
2501st
(F),
2502nd (F)
and 2503rd
(F)
mtgs (26 June to 2 July 1997), and 2509th,
(F)
2510th
(F)
and 2511th
(F)
mtgs (10, 11 and 14 July 1997)
|
- ILC
Report, A/52/10
(F),
1997, chp. V, paras. 50-157
- Ybk,
1997, vII(2) (F)
-Ybk,
1997, vI (F)
|
6. Report
of the International Law Commission on the work of its fiftieth
session, 20 April to 12 June 1998 and 27 July to 14
August 1998
-
The Commission decided to refer draft guidelines 1.1 (Definition
of reservations), 1.1.1 (Joint formulation of a reservation),
1.1.2 (Moment when a reservation is formulated), 1.1.3
(Reservations formulated when notifying territorial application),
1.1.4 (Object of reservations), 1.1.5 (Statements designed
to increase the obligations of their author), 1.1.6 (Statements
designed to limit the obligations of their author), 1.1.7
(Reservations relating to non-recognition), 1.1.8 (Reservations
having territorial scope), 1.2 (Definition of interpretative
declarations) and 1.4 (Scope of definitions) to the Drafting
Committee. The Commission subsequently considered
and adopted the report of the Drafting Committee on draft
guidelines 1.1 (Definition of reservations), 1.1.1 [1.1.4]
(Object of reservations), 1.1.2 (Cases in which a reservation
may be formulated), 1.1.3 [1.1.8] (Reservations having
territorial scope), 1.1.4 [1.1.3] (Reservations formulated
when notifying territorial application), 1.1.7 [1.1.1]
(Joint formulation of a reservation) and a draft guideline
with no title or number concerning the relation between
the definition and the permissibility of reservations.
- Discussion in Plenary: 2541st
(F)
and 2542nd
(F)
mtgs (4 and 5 June 1998), 2545th
(F)
mtg (10 June 1998), 2548th
(F),
2549th
(F),
2550th
(F),
2551st
(F)
and
2552nd (F)
mtgs (12 June, and 27, 28, 29 and 30 July 1998) and 2556th
(F),
2557th
(F)
and 2558th
(F)
mtgs (5 to 7 August 1998).
|
- ILC
Report, A/53/10
(F),
1998, chp. IX, paras. 469-540
- Ybk,
1998, vII(2) (F)
-Ybk,
1998, vI (F)
|
7. Report
of the International Law Commission on the work of its fifty-first
session, 3 May to 23 July 1999
-
The Commission considered the remaining part of the Special
Rapporteur's third report and part of his fourth report
and referred to the Drafting Committee draft guidelines
1.1.9 ("Reservations" to bilateral treaties), 1.2.1 (Joint
formulation of interpretative declarations), 1.2.2 (Phrasing
and name), 1.2.3 (Formulation of an interpretative declaration
when a reservation is prohibited), 1.2.4 (Conditional
interpretative declarations), 1.2.5 (General statements
of policy), 1.2.6 (Informative declarations), 1.2.7 (Interpretative
declarations in respect of bilateral treaties), 1.2.8
(Legal effect of acceptance of an interpretative declaration
made in respect of a bilateral treaty by the other party),
1.3.1 (Method of distinguishing between reservations and
interpretative declarations). Moreover, the Special Rapporteur
introduced a revised version of draft guideline 1.1.7
(1.1.7 bis) ("Statements of non-recognition") which was
already before the Drafting Committee. This revised version
of this draft guideline was included in his fourth report.
The Commission considered the report of the Drafting Committee
at its 2597th to 2599th meetings from 6 to 8 July 1999
and adopted on first reading 18 draft guidelines. Moreover
in light of the consideration of interpretative declarations
it adopted a new version of draft guideline 1.1.1 [1.1.4]
and of the draft guideline without a title or number (in
the new version draft guideline 1.6 (Scope of definitions)).
- Discussion in Plenary: 2581st
(F),
2582nd
(F),
2583rd
(F),
2584th (F),
2585th
(F)
and 2586th
(F)
mtgs (3 to 11 June 1999), and 2597th
(F),
2598th (F)
and 2599th
(F)
mtgs (6 to 8 July 1999).
|
- ILC
Report, A/54/10
(F),
1999, chp. VI , paras. 454-470
- Ybk,
1999, vII(2) (F)
-Ybk,
1999, vI (F)
|
8. Report
of the International Law Commission on the work of its fifty-second
session, 1 May - 9 June and 10 July - 18 August 2000
- The Commission had before it the Special Rapporteur's
fifth report relating to reservations and interpretative
declaration and to the fomulation, modification and
withdrawal of reservations and interpretative declarations.
It considered the first part of the report. The Commission
subsequently considered the report of the Drafting Committee
and adopted on first reading five draft guidelines.
- Due to a lack of time, the Commission deferred consideration
of the second part of the fifth report dealing with
procedural matters regarding reservations and interpretative
declarations, beginning with their formulation.
- Discussion in Plenary: 2630th
(F),
2631st
(F),
2632nd
(F)
and 2633rd
(F),
2640th
(F)
and 2651st
(F)
mtgs (31 May, 2, 6 and 7 June, 14 July, 3 August 2000).
|
- ILC
report, A/55/10,
2000, chp.VII, paras. 623-663
- Ybk,
2000, vII(2) (F)
-Ybk,
2000, vI (F)
|
9. Report
of the International Law Commission on the work of its fifty-third
session, 23 April - 1 June and 2 July - 10 August 2001
- The Commission first considered the second part of
the fifth report of the Special Rapporteur relating
to questions of procedure regarding reservations and
interpretative declarations. It then considered the
sixth report on the topic relating to modalities of
formulating reservations and interpretative declarations
(in particular their form and notification) and to publicity
of reservations and interpretative declarations (their
communication, recipients and obligations of the depositary)
.
- The Commission subsequently considered the report
of the Drafting Committee and adopted on first reading
12 draft guidelines dealing with the formulation of
reservations and interpretative declarations. The Commission
also referred 13 draft guidelines dealing with form
and notification of reservations and interpretative
declarations to the Drafting Committee.
- Discussion in Plenary: 2677th
(F),
2678th
(F),
2679th
(F)
mtgs, 2689th
(F),
2690th
(F),
2691st
(F),
2692nd
(F),
2693rd
(F),
2694th
(F)
mtgs (18, 22 and 23 May, 13, 17, 18, 19, 20 and 24 July
2001).
|
-
ILC Report, A/56/10,
2001, chp.VI, paras. 99-157
-Ybk,
2001, vI (F)
|
10.
Report of the International Law Commission on the work of
its fifty-fourth
session, 29 April - 7 June and 22 July - 16 August 2002
- The Commission considered the Seventh Report of the
Special Rapporteur regarding the formulation, modification
and withdrawal of reservations and interpretative declarations.
It subsequently considered the report of the Drafting
Committee and adopted, on first reading, 11 draft guidelines.
The Commission also decided to refer another 15 draft
guidelines to the Drafting Committee.
- Discussion in Plenary: 2719th
(F), 2720th
(F), 2721st
(F) mtgs (14, 15 and 17 May 2002), 2733rd
(F) and 2734th
(F) mtgs (22 and 23 July 2002), 2739th
(F) mtg (31 July 2002), and 2748th
(F) mtg (14 August 2002).
|
-
ILC Report, A/57/10,
2002, chp. IV, paras. 32 - 103
-Ybk,
2002, vI
|
11.
Report of the International Law Commission on the work of
its fifty-fifth
session, 5 May - 6 June and 7 July - 8 August 2003
- The Commission considered the report of the Drafting
Committee and provisionally adopted, on first reading,
eleven draft guidelines, with commentaries. The Commission
further considered the Special Rapporteur's Eighth Report
and decided to refer a further five draft guidelines
to the Drafting Committee.
- Discussion in Plenary: 2760th
(F) mtg (21 May 2003), 2780th
(F), 2781st
(F), 2782nd
(F), 2783rd
(F) mtgs (25 to 31 July 2003), and 2786th
(F) mtg (5 August 2003).
|
-
ILC Report, A/58/10,
2003, chp. VIII, paras. 309 - 368 |
12.
Report of the International Law Commission on the work of
its fifty-sixth
session, 3 May - 4 June and 5 July - 6 August 2004
- The Commission considered the ninth report of the
Special Rapporteur and decided to refer draft guidelines
2.6.1 “Definition of objections to reservations”
and 2.6.2 “Objection to the late formulation of
widening of the scope of a reservation” to the
Drafting Committee. The Commission further considered
and provisionally adopted draft guidelines 2.3.5 (“Widening
of the scope of a reservation”), 2.4.9 (“Modification
of an interpretative declaration”), 2.4.10 (“Limitation
and widening of the scope of a conditional interpretative
declaration”), 2.5.12 (“Withdrawal of an interpretative
declaration”), and 2.5.13 (“Withdrawal of
a conditional interpretative declaration”), with
commentaries.
- Discussion in Plenary: 2820th, 2821st (F) and
2822nd (F) mtgs (21 to 23 July 2004), and 2829th mtg
(5 August 2004).
|
-
ILC Report, A/59/10,
2004, chp. IX, paras. 248 - 295 |
13.
Report of the International Law Commission on the work of
its fifty-seventh
session, 2 May - 3 June and 11 July - 5 August 2005
- The Commission considered the tenth report of the
Special Rapporteur and decided to refer draft guidelines
3.1 (Freedom to formulate reservations), 3.1.1 (Reservations
expressly prohibited by the treaty), 3.1.2 (Definition
of specified reservations), 3.1.3 (Reservations implicitly
permitted by the treaty) and 3.1.4 (Non-specified reservations
authorized by the treaty) to the Drafting Committee.
The Commission also decided to send draft guidelines
1.6 and 2.1.8, which had already been provisionally
adopted, to the Drafting Committee with a view to their
revision in the light of the terms selected. The Commission
also decided to continue its consideration of the tenth
report during its fifty-eighth session (2006). The Commission
also considered and provisionally adopted draft guidelines
2.6.1 (Definition of objections to treaties) and 2.6.2
(Definition of objections to the late formulation or
widening of the scope of a reservation), with commentaries.
- Discussion in Plenary: 2842nd (F) (20 May 2005),
2854th (F), 2856th (F), 2857th (F), 2858th (F) and 2859th
(F) mtgs (20 to 28 July 2005), and 2865th (F) mtg (4
August 2005).
|
- ILC
Report, A/60/10,
2005, chp. X, paras. 333 - 438 |
14.
Report of the International Law Commission on the work of
its fifty-eighth
session, 1 May - 9 June and 3 July - 11 August 2006
- The Commission had before it the second part of the
tenth report of the Special Rapporteur on validity of
reservations and the concept of the object and purpose
of the treaty. In this regard the Special Rapporteur,
after the debate that took place during the fifty-seventh
session (2005), had also prepared a note relating to
draft guideline 3.1.5 (Definition of the object and
purpose of the treaty) and presenting a new version
of this guideline including two alternative texts. The
Special Rapporteur also submitted his Eleventh report
(A/CN.4/574) and the Commission decided to consider
it at its fifty-ninth session (2007). The Commission
decided to refer draft guidelines 3.1.5 to 3.1.13, 3.2,
3.2.1 to 3.2.4, 3.3 and 3.3.1 to the Drafting Committee.
The Commission considered and provisionally adopted
draft guidelines 3.1 (Permissible reservations), 3.1.1
(Reservations expressly prohibited by the treaty), 3.1.2
(Definition of specified reservations), 3.1.3 (Permissibility
of reservations not prohibited by the treaty) and 3.1.4
(Permissibility of specified reservations). Moreover
the Commission provisionally adopted draft guidelines
1.6 (Scope of definitions) and 2.1.8 [2.1.7 bis] (Procedure
in case of manifestly invalid reservations) as redrafted,
with commentaries thereto.
- Discussion in Plenary: 2883rd (F) mtg, held
6 June 2006, 2888th (F), 2889th (F), 2890th (F), 2891st
(F) mtgs, held on 5, 6, 7 and 11 July 2006, and 2911th
(F) and 2912th (F) mtgs, held on 9 and 10 August 2006.
|
- ILC
Report, A/61/10,
2006, chp. VIII, paras. 92 - 159 |
15.
Report of the International Law Commission on the work of
its fifty-ninth
session, 7 May - 8 June and 9 July - 10 August 2007
- The Commission had before it the the eleventh and
twelfth reports of the
Special Rapporteur (A/CN.4/574 and A/CN.4/584) on the
formulation and withdrawal of
acceptances and objections and on the procedure for
acceptances of reservations respectively. The eleventh
report had been submitted at the fifty-eighth session,
but the Commission had decided to consider it at the
fifty-ninth session, owing to a lack of time.
- The
Commission decided to refer draft guidelines 2.6.3 to
2.6.6, 2.6.7 to 2.6.15 and 2.7.1 to 2.7.9 to the Drafting
Committee, and to review the wording of draft guideline
2.1.6 in the light of the discussion. The Commission
subsequently also decided to refer draft guidelines
2.8, 2.8.1 to 2.8.12 to the Drafting Committee. The
Drafting Committee was instructed to take into account
the interpretation of draft guideline 2.8.12 resulting
from an indicative vote and an analysis of the provisions
of article 20, paragraph 5, of the Vienna Convention
on the Law of Treaties as creating a presumption of
tacit acceptance without such acceptance being considered
acquired.
- The Comm
47. The Commission considered and provisionally adopted
draft guidelines 3.1.5 (Incompatibility of a reservation
with the object and purpose of the treaty), 3.1.6 (Determination
of the object and purpose of the treaty), 3.1.7 (Vague
or general reservations), 3.1.8 (Reservations to a provision
reflecting a customary norm), 3.1.9 (Reservations contrary
to a rule of jus cogens), 3.1.10 (Reservations to provisions
relating to non-derogable rights), 3.1.11 (Reservations
relating to internal law), 3.1.12 (Reservations to general
human rights treaties) and 3.1.13 (Reservations to treaty
provisions concerning dispute settlement or the monitoring
of the implementation of the treaty). The Commission
subsequently adopted the commentaries relating to the
aforementioned draft guidelines.
- Discussion in Plenary: 2914th (F), 2915th (F),
2916th (F), 2917th (F), 2918th (F), 2919th (F) and 2920th
(F) mtgs, on 7 to 11, 15 and 16 May 2007, 2930th (F)
mtg , on 4 June 2007, 2936th (F), 2937th (F), 2938th
(F), 2939th (F) and 2940th (F) mtgs, on 13, 17 to 20
July 2007, as well as the 2950th (F) and 2951st (F)
mtgs, held on 7 August 2007
|
-
ILC Report, A/62/10,
2007, chp. IV, paras. 34 - 154 |
16.
Report of the International Law Commission on the work of
its Sixtieth
session, 7 May - 8 June and 9 July - 10 August 2007
- The Commission had before it the thirteenth report
of the Special Rapporteur (A/CN.4/600) on reactions
to interpretative declarations. The Commission also
had before it a note by the Special Rapporteur on draft
guideline 2.1.9, “Statement of
reasons for reservations” (A/CN.4/586), which had
been submitted at the end of the
fifty-ninth session.
- The Commission began by considering the note of the
Special Rapporteur at
its 2967th meeting on 27 May 2008. It decided at that
same meeting to refer the new draft guideline 2.1.9
to the Drafting Committee.
- At its 2978th meeting, on 15 July 2008, the Commission
decided to refer draft
guidelines 2.9.1 (including the second paragraph of
draft guideline 2.9.3) to 2.9.10 to the
Drafting Committee, while emphasizing that draft guideline
2.9.10 was without prejudice to the subsequent retention
or otherwise of the draft guidelines on conditional
interpretative declarations. The Commission also hoped
that the Special Rapporteur would prepare draft guidelines
on the form, statement of reasons for and communication
of interpretative declarations.
- At its 2970th meeting on 3 June 2008, the Commission
considered and provisionally
adopted draft guidelines 2.1.6 (Procedure for communication
of reservations) (as amended,187) 2.1.9 (Statement of
reasons [for reservations]), 2.6.6 (Joint formulation
[of objections to reservations]), 2.6.7 (Written form),
2.6.8 (Expression of intention to preclude the entry
into force of the treaty), 2.6.9 (Procedure for the
formulation of objections), 2.6.10 (Statement of reasons),
2.6.13 (Time period for formulating an objection), 2.6.14
(Conditional objections), 2.6.15 (Late objections),
2.7.1 (Withdrawal of objections to reservations), 2.7.2
(Form of withdrawal), 2.7.3 (Formulation and communication
of the withdrawal of objections to reservations), 2.7.4
(Effect on reservation of withdrawal of an objection),
2.7.5 (Effective date of withdrawal of an objection),
2.7.6 (Cases in which an objecting State or international
organization may unilaterally set the effective date
of withdrawal of an objection to a reservation), 2.7.7
(Partial withdrawal of an objection), 2.7.8 (Effect
of a partial withdrawal of an objection) and 2.7.9 (Widening
of the scope of an objection to a reservation).
- Discussion in Plenary: 2967th (F) mtg on 27
May 2008, 2970th (F) mtg on 3 June 2008, 2974th (F),
2975th (F), 2976th (F), 2977th (F), and 2978th (F) mtgs,
from 7 to 15 July 2008, and 2988th (F) mtg, on 31 July
2008, and 2991st (F), 2992nd (F) and 2993rd (F) mtgs,
on 5 and 6 August 2008.
|
-
ILC Report, A/63/10,
2008, chp. VI, paras. 67-124 |
| I.
General Assembly Action |
|
Res.
49/51 of 9 December 1994 (E,
F,
S,
R,
C,
A)
-
Endorsing the intention of the Commission to undertake
work on the topic, on the understanding that the final
form to be given to the work on this topic shall be decided
after a preliminary study is presented to the General
Assembly.
|
|
Res.
50/45 of 11 December 1995
(E,
F,
S,
R,
C,
A)
-
Inviting the Commission to continue its work on the topic
along the lines indicated in the report. Inviting States
and international organizations, particularly those which
are depositaries, to answer promptly the questionnaire
prepared by the Special Rapporteur on the topic
concerning reservations to treaties.
|
|
Res.
51/160 of 16 December 1996 (E,
F,
S,
R,
C,
A)
-
Inviting States and international organizations, particularly
those that are depositaries, to answer promptly the questionnaire
prepared by the Special Rapporteur on the topic
concerning reservations to treaties.
|
|
Res.
52/156 of 15 December 1997 (E,
F,
S,
R,
C,
A)
-
Expressing its appreciation to the Commission for the
preliminary conclusions on reservations to normative multilateral
treaties, including human rights treaties. Drawing attention
of Governments to the importance, for the Commission,
of having their views on the above-mentioned conclusions.
Taking note of the invitation by the Commission to all
treaty bodies set up by normative multilateral treaties
that may wish to do so to provide, in writing, their comments
and observations on the above-mentioned conclusions and
taking note of the views expressed by Member States on
the matter.
|
|
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)
-
Invited Governments to provide information to the International
Law Commission on the topic.
|
|
Res.
63/123 of 11 December 2008 (E,
F,
S,
R,
C,
A)
-
Drew the attention of Governments to the importance for
the International Law Commission of having their views
with regard to the topic.
- Invited Governments to provide information to the International
Law Commission regarding practice on the topic.
|
|
| J.
Final Outcome |
|
Work
in progress
|
|
|
|
|
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*
Originally entitled “The law and practice relating to reservations
to treaties”. At its forty-seventh
session, in 1995, the Commission decided to amend the title.
|
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Reservations to Treaties
