A.
Mandate
G.A.
Res. 1686 (XVI) of 18 December 19611
(E,
F,
S,
R,
C,
A)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
|
|
|
-
Succession of States to multilateral treaties: studies
prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/200
and Corr.1 and Add.1 and 2 (F)
(in Ybk,
1968, vII (F)) |
|
|
|
-
Succession of States to multilateral treaties: sixth study
prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/210
(F)
(in Ybk,
1969, vII (F)) |
|
|
|
-
Succession of States to multilateral treaties: seventh
study prepared by the Secretariat
|
- U.N.
Doc.
A/CN.4/225 (F)
(in Ybk,
1970, vII (F))
- ILC Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. III(A), par.36 |
-
Succession of States in respect of bilateral treaties:
study prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/229
(F)
(in Ybk,
1970, vII (F))
- ILC Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. III(A), par.36 |
-
Supplement to the "Digest of the Decisions of international
tribunals relating to State succession"
|
- U.N
Doc. A/CN.4/232
(F)
(in Ybk,
1970, vII (F))
- ILC Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. III(A), par.36 |
|
|
|
-
Succession of States in respect of bilateral treaties:
Second and third studies prepared by the Secretariat [Air
transport agreements and Trade agreements]
|
- U.N.
Doc. A/CN.4/243
and Add.1 (F)
(in Ybk,
1971, vII(2) (F))
- ILC Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(A), par.63 |
|
|
|
-
Supplement, prepared by the Secretariat, to Materials
on succession of States (U.N. publication, Sales No. E/F.68.V.5)
|
- U.N.
Doc. A/CN.4/263
- ILC Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. II, par.24 |
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. First
four draft articles of a general and preliminary character,
with commentaries: use of terms; international agreements
not within the scope of the present articles.
-
First report of the Special Rapporteur, Sir Humphrey
Waldock (20th session
of the ILC (1968))
|
- U.N.
Doc. A/CN.4/202
(F)
(in Ybk,
1968, vII (F))
- ILC Report, A/7209/Rev.1
(F)
(A/23/9), 1968, chp. III(C)(b), paras.80-91 |
2. Four
draft articles: use of certain terms; the area of territory
passing from the State to another; devolution agreements;
and unilateral declarations by successor States.
-
Second report of the Special Rapporteur, Sir Humphrey
Waldock (21st session
of the ILC (1969))
|
- U.N.
Doc. A/CN.4/214
and Add.1 and 2 (F)
(in Ybk,
1969, vII (F))
- ILC Report,
A/8010/Rev.1 (F)
(A/25/10), 1970, chp. III(B)(1), paras.37-48 |
3. Additional
provisions on the use of terms, eight draft articles (arts.
5-12) providing for the participation of "new States", in
regard to multilateral treaties.
-
Third report of the Special Rapporteur, Sir Humphrey
Waldock (22nd session
of the ILC (1970))
|
- U.N.
Doc. A/CN.4/224
and Add.1 (F)
(in Ybk,
1970, vII (F))
- ILC Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. III(B)(1), paras.37-48 |
4. Draft
articles (arts. 13-17) dealing with the general rules governing
the position of "new States" in regard to bilateral treaties.
-
Fourth report of the Special Rapporteur, Sir Humphrey
Waldock (23rd session
of the ILC (1971))
|
- U.N.
Doc. A/CN.4/249
(F)
(in Ybk,
1971, vII(1) (F))
- ILC Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(A), paras.62-70 |
5. Draft
Articles (arts. 18-24) dealing with rules applicable to
particular categories of succession and to the "dispositive",
"localized" or "territorial" treaties.
-
Fifth report of the Special Rapporteur, Sir Humphrey
Waldock (24th session
of the ILC (1972))
|
- U.N.
Doc. A/CN.4/256
and Add.1-4 (F)
(in Ybk,
1972, vII (F))
- ILC Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. II(A)(1), par.21 |
6. Summary
of the comments of Governments; Proposals on the revision
of the draft articles.
-
First report of the Special Rapporteur, Sir Francis
Vallat (26th Session
of the ILC (1974))
|
- U.N.
Doc. A/CN.4/278
and Add.1-5 and Add.5/Corr.1 and Add.6 (F)
(in Ybk,
1974, vII(1)
(F))
- ILC Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. II(A)(1), paras.42-43 |
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Texts adopted by the Drafting Committee on first reading:
arts 0, 1, 1bis, 1ter, 1quater, 1quinquies,
2-8, 8bis, 9-11, X, 12-13, 15, 17, 17bis,
17ter, 17quater, 17quinquies, 19-22,
22bis
|
- U.N.
Doc. A/CN.4/L.183
(F)
and Add.1
(F),
Add.2
(F),
Add.3
(F),
Add.4
(F),
Add.5
(F),
and Add.
6 (F)
(in Ybk,
1972, vI, (F),
1176th
(F)
to 1177th
(F)
mtgs (9 to 12 June 1972), 1181st
(F)
mtg (16 June 1972), 1187th
(F)
mtg (26 June 1972), and 1196th
(F)
to 1197th
(F)
mtgs (5 to 6 July 1972)) |
-
Text of article 2 adopted by the Drafting Committee on
second reading
|
- U.N.
Doc. A/CN.4/L.185
(F) (in Ybk,
1972, vI, (F),
1181st
(F)
mtg (16 June 1972)) |
|
|
|
-
Texts adopted by the Drafting Committee: titles of parts
I, II, III (sects. 1-5), IV, and VI, and arts. 1-6, 6
bis, 7-26, 26 bis, 26 ter, 27, 28,
28 bis, 28 ter, 29, 30, 30 bis, 31,
31 bis and 31 ter
|
- U.N.
Doc.
A/CN.4/L.209 and Add.1, Add.2 and Corr.1 and Add.3-5 (F)
(in Ybk,
1974, vI, (F),
1285th
(F)
and 1286th
(F)
mtgs (27 and 28 June 1974), 1290th
(F)
mtg (5 July 1974), and 1293rd
(F),
1294th
(F),
1295th
(F)
and 1296th
(F)
mtgs (12 to 18 July 1974)) |
-
Texts adopted by the Drafting Committee: arts. 6 and 6
bis
|
- U.N.
Doc. A/CN.4/L.222
(F)
(in Ybk,
1974, vI, (F),
1296th
mtg (F)
(18 July 1974)) |
-
Final text adopted by the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.223
and Corr.1 and Add.1(F)
(in ILC Report, A/9610/Rev.1
(F) (A/29/10), 1974, chp. II(D), par.85) |
| F.
Comments by Governments |
|
|
|
|
-
Observations of Member States on the draft articles on
succession of States in respect of treaties adopted by
the Commission at its twenty-fourth
session
|
- U.N.
Doc. A/CN.4/275
and Add.1 and 2 (F),
U.N. Doc. A/CN.4/L.205 and U.N. Doc. A/9610/Add.1 and 2 (in
ILC Report, A/9610/Rev.1
(F)
(A/29/10), 1973, annex I) |
-
Observations of Member States on the draft articles on
succession of States in respect of treaties adopted by
the Commission at its twenty-fourth
session: observations of Ethiopia
|
- U.N.
Doc. A/CN.4/L.205 (in ILC Report, A/9610/Rev.1
(F)
(A/29/10), 1973, annex I) |
| G.
Other |
|
|
|
|
-
Draft articles on succession in respect of treaties: general
article submitted by the Special Rapporteur as
a possible means of covering the question of lawfulness
|
- U.N.
Doc. A/CN.4/L.184
(F)
(in Ybk,
1972, vII)(F)) |
|
|
|
-
Article for insertion in Part I of the draft article on
succession of States in respect of treaties, proposed
by Mr. Ushakov
|
- U.N.
Doc. A/CN.4/L.206
(F)
(in Ybk,
1974, vII(1)(F)) |
-
Text of article 32 proposed by Mr. Kearney
|
- U.N.
Doc. A/CN.4/L.212 replaced by A/CN.4/L.221
(F)
(in Ybk,
1974, vI, (F),
1296th
(F)
mtg (18 July 1974)) |
-
Article 12 bis (with new paragraph for insertion
in article 2) proposed by Mr. Ushakov
|
- U.N.
Doc. A/CN.4/L.215
and Corr.2 (F)
(in ILC Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. II(A)(6)(c), par.76, ft.57)) |
-
Draft resolution submitted by Mr. El-Erian
|
- U.N.
Doc. A/CN.4/L.225
(F)
(in Ybk,
1974, vI, (F),
1301st
mtg (F)
(26 July 1974) |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its twentieth
session, 27 May to 2 August 1968
-
Discussed the Special Rapporteur's report and concluded
that it was not called upon to make any decisions.
- Discussion in the Plenary:
965th (F),
966th
(F),
967th
(F)
and 968th
(F)
mtg (1 to 9 July 1968)
|
-
ILC Report, A/7209/Rev.1
(F)
(A/23/9), 1968, chp. III(C)(b), paras.80-91
- Ybk,
1968, vII
(F)
- Ybk,
1968, vI (F)
|
2. Report
of the International Law Commission on the work of its twenty-first
session, 2 June to 8 August 1969
-
The Commission was unable to discuss the second report
of the Special Rapporteur.
|
- ILC
Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. I(E), par.7
- Ybk,
1969, vII (F) |
3. Report
of the International Law Commission on the work of its twenty-second
session, 4 May to 10 July 1970
-
The Commission held discussion on the basis of the Special
Rapporteur's report, and endorsed his general approach
to the topic. It considered in a preliminary manner the
draft articles proposed in the second and third reports
of the Special Rapporteur, but did not take any
formal decisions.
- Discussion in the Plenary: 1067th
(F)
and 1068th
(F)
mtgs (10 and 11 June 1970), and 1070th
(F),
1071st
(F)
and 1072nd
(F)
mtgs (15 June to 17 June 1970)
|
- ILC
Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. III, paras.27-63
- Ybk,
1970, vII
(F)
-Ybk,
1970, vI (F)
|
4. Report
of the International Law Commission on the work of its twenty-third
session, 26 April to 30 June 1971
-
The Special Rapporteur presented his fourth report,
but owing to a lack of time, the Commission was unable
to discuss it.
|
- ILC
Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(A), paras.62-70
- Ybk,
1971, vII(1) (F) |
5. Report
of the International Law Commission on the work of its twenty-fourth
session, 2 May to 7 July 1972
-
Discussed the second, third, fourth and fifth reports
of the Special Rapporteur. Adopted the provisional
draft articles on succession of States in respect of treaties
with commentaries, in pursuance of the recommendation
of the General Assembly in resolution 2780 (XXVI) of 3
December 1971. The Commission decided to transmit the
provisional draft articles to Governments of Member States
for their observations
- Discussion in Plenary: 1154th
(F),
1155th
(F),
1156th
(F),
1157th
(F),
1158th
(F),
1159th
(F),
1160th
(F),
1161st
(F),
1162nd
(F),
1163rd
(F),
1164th (F),
1165th
(F),
1166th
(F),
1167th
(F),
1168th
(F),
1169th
(F),
1170th
(F),
1171st
(F),
1172nd
(F),
1173rd
(F),
1174th
(F),
1175th
(F),
1176th
(F),
1177th
(F),
1178th
(F),
1179th
(F),
1180th
(F)
and 1181st
(F)
mtgs (9 May to 16 June 1972); 1187th
(F)
mtg (26 June 1972); 1190th
(F)
mtg (28 June 1972); 1192nd
(F),
1193rd
(F),
1194th
(F),
1195th
(F),
1196th
(F)
and 1197th
(F)
mtgs (30 June to 6 July 1972)
|
- ILC
Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. II, paras.14-53
- Ybk,
1972, vII
(F)
- Ybk,
1972, vI (F)
|
8. Report
of the International Law Commission on the work of its twenty-fifth
session, 7 May to 13 July 1973
-
Following the resignation of the Special Rapporteur,
the Commission appointed Sir Francis Vallat as the new
Special Rapporteur for the topic.
|
- ILC
Report, A/9010/Rev.1
(F)
(A/28/10), 1973, chp. VII(A), par.177
- Ybk,
1973, vII (F) |
9. Report
of the International Law Commission on the work of its twenty-sixth
session, 6 May to 26 July 1974
-
Re-examined the draft articles in light of the comments
submitted by Governments. On the basis of the first report
of the Special Rapporteur, Sir Francis Vallat,
the Commission adopted the final text of the draft articles
on succession of States in respect of treaties as a whole,
with commentaries, and submitted it to the General Assembly
with a recommendation that the Assembly invite Member
States to submit their written comments and observations
on the draft articles. It also recommended that the Assembly
convene a conference of plenipotentiaries to study the
draft articles and conclude a convention on the subject.
- Discussion in Plenary: 1264th
(F)
mtg (24 May 1974), 1266th
(F),
1267th
(F),
1268th
(F),
1269th
(F),
1270th
(F),
1271st
(F),
1272nd
(F),
and 1273rd
(F)
mtgs (28 May to 7 June 1974), 1279th
(F),
1280th
(F),
1281st
(F),
1282nd
(F),
1283rd (F),
1284th
(F),
1285th
(F),
1286th
(F),
1287th
(F),
1288th
(F),
1289th
(F)
and 1290th
(F)
mtgs (17 June to 5 July 1974), and 1293rd
(F),
1294th
(F),
1295th
(F)
and 1296th
(F)
mtgs (12 to 18 July 1974)
|
- ILC
Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. II, paras.18-85
- Ybk,
1974, vII(1) (F)
- Ybk,
1974, vI (F)
|
| I.
General Assembly Action |
|
Res.
2780 I (XXVI) of 3 December 1971 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its work on the
topic with a view to completing in 1972 the first reading
of the draft articles on succession of States in respect
of treaties
|
|
Res.
2926 (XXVII) of 28 November 1972 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its work on the sub-topic
in the light of comments received from Member States on
the provisional draft articles on succession of
States in respect of treaties adopted on first reading.
|
|
Res.
3071 (XXVIII) of 30 November 1973 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission complete at its twenty-sixth
session (1974), in the light of comments received
from Member States, the second reading of the draft articles
adopted at the Commission's twenty-fourth
session.
|
|
| J.
Final Outcome |
|
|
|
|
-
Recommended that the General Assembly should invite
Member States to submit their written comments and observations
on the Commission's final draft articles on succession
of States in respect of treaties and convene an international
conference of plenipotentiaries to study the draft articles
and to conclude a convention on the subject.
|
- ILC
Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. II(B), par.84
- Ybk,
1974, vII(1) (F) |
|
|
|
Res.
3315 (XXIX) of 14 December 1974 (E,
F,
S,
R,
C,
A)
-
Invited Member States to submit their written comments
and observations on the draft articles prepared by the
Commission and on the procedure by which and the form
in which work on the draft articles should be completed.
|
|
Res.
3496 (XXX) of 15 December 1975 (E,
F,
S,
R,
C,
A)
-
Decided to convene a conference of plenipotentiaries
in 1977 to consider the draft articles and to embody
the results in an international convention and such
other instruments as it might deem appropriate.
|
|
Res.
31/18 of 24 November 1976 (E,
F,
S,
R,
C,
A)
-
Decided that the United Nations Conference on Succession
of States in Respect of Treaties would be held from
4 April to 6 May 1977 at Vienna.2
|
|
Res.
32/47 of 8 December 1977 (E,
F,
S,
R,
C,
A)
-
Approved the resumed session of the Conference, held at Vienna from 31 July to 23 August 1978.2
|
|
(back)
1. Initially considered under the rubric of "Succession
of States and Governments", which was divided into three topics
in 1967, the first being "Succession of States in Respect of Treaties".
(back)
2. The conference was held as scheduled, resulting in the
adoption of the Vienna
Convention on Succession of States in Respect of Treaties
on 22 August 1978 (United Nations publications, Sales No.F.79.V.10).
|
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