A.
Mandate
- Decision
to include the topic on the Commission's agenda based on
the recommendation of the Working Group on the long-term
programme of work, 1993.
- 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.
51st session of
the International Law Commission (1999)
-
Memorandum prepared by the Secretariat
|
-
U.N. Doc. A/CN.4/497
(F,
S,
R,
C,
A)
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
-
Report of the Working Group on State succession and its
impact on the nationality of natural and legal persons
|
-
U.N. Doc.
A/CN.4/L.507 (F)
(in Ybk,
1995, vol. II(2) (F),
annex)
- Ybk,
1995, vol. II(2) (F),
chp. III(B)(2), paras. 194-228 |
|
|
|
-
Oral report (by the Chairman of the Working Group, the
Special Rapporteur)
|
-
2451st
(F)
mtg (2 July 1996) and 2459th
(F)
mtg (12 July 1996)
- Ybk,
1996, vol. II(2) (F),
chp. IV(B)(2), paras.78-87 |
3.
50th session of
the International Law Commission (1998)
|
|
-
Report of the Working Group
|
- A/CN.4/L.557
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A),
and Corr. 2 (French
only)
- Ybk,
1998, vol. II(2) (F),
chp. VIII(B), paras. 460-468
|
4.
51st session of
the International Law Commission (1999)
|
|
-
Report of the Chairman of the Working Group on Nationality
in relation to the Succession of States
|
-
A/CN.4/L.572
(F,
S,
R,
C,
A)
- Ybk,
1999, vol. II(2) (F),
chp. IV, para. 41
|
| D.
Reports of the Special Rapporteur |
|
1. Historical
review and delimitation of the topic, terminology used;
current relevance of the topic; nationality - concept and
function; roles of internal and international law; limitations
on the freedom of States in the area of nationality, categories
of succession, scope of the problem under consideration;
and continuity of nationality.
-
First Report of the Special Rapporteur, Mr. Vaclav
Mikulka (47th session
of the ILC (1995))
|
-
U.N. Doc. A/CN.4/467
(F,
S,
R,
C,
A)
- Ybk,
1995, vol. II(2) (F),
chp. III(B)(1), paras.149-193 |
2. Main
issues: introduction: previous work on the topic, consideration
in other bodies of the problems of nationality arising in
the context of State succession, work remaining in order
to complete the preliminary study of the topic, major substantive
issues to be examined by the Commission in the future; the
nationality of natural persons: general issues, specific
issues; the nationality of legal persons: scope of the problem
of the nationality of legal persons and its characteristics,
consideration of the problem of the nationality of legal
persons in the Commission and in the Sixth Committee, questions
to be examined by the Working Group during the forty-eighth
session of the Commission; recommendations concerning
future work on the topic: division of the topic into two
parts, non-consideration of the problem of continuity of
nationality, working method of the Commission in dealing
with the topic, form which the outcome of the work on this
topic might take.
-
Second Report of the Special Rapporteur, Mr. Vaclav
Mikulka (48th session
of the ILC (1996))
|
-
U.N. Doc. A/CN.4/474
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
and 2 (Chinese
only)
- Ybk,
1996, vol. II(2) (F),
chp. IV(B)(1), paras.69-77 |
3. Contained
a set of 25 draft articles on the topic, with commentaries.
The draft articles were divided into two Parts, Part I on
"General principles concerning nationality in relation to
the succession of States" and Part II on "Principles applicable
in specific situations of succession of States". A draft
preamble and a provision concerning definitions were also
proposed.
-Third
Report of the Special Rapporteur, Mr. Vaclav Mikulka
(49th session
of the ILC (1997))
|
-
U.N. Doc. A/CN.4/480
(F,
S,
R,
C,
A),
Corr.1 (F
only), Add.1
(F,
S,
R,
C,
A),
Add.1/Corr.1 (Arabic,
Chinese,
English,
Russian
only) and Add.1/Corr.2 (F
only)
- Ybk,
1997, vol. II(2) (F),
chp. IV(B), paras. 39,40 |
4. Concerning
the second part of the topic, on the question of nationality
of legal persons in relation to the succession of States.
-
Fourth Report of the Special Rapporteur, Mr. Vaclav
Mikulka (50th session
of the ILC (1998))
|
-
U.N. Doc. A/CN.4/489
(F,
S,
R,
C,
A)
and Corr.1 (French
only),
- Ybk,
1998, vol. II(2) (F),
chp. VIII(B), para. 457 |
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Titles and texts of draft articles 1 to 18 on nationality
|
-
U.N. Doc. A/CN.4/L.535
and Corr.1 (F)
|
-
Titles and texts of draft articles 19 to 26 of Part II,
text of a Preamble and the revised title of Part I on
nationality
|
-
U.N. Doc. A/CN.4/L.535/Add.1
(F) |
2.
51st session of
the International Law Commission (1999)
|
|
-
Titles and texts of draft articles on Nationality of
natural persons in relations to the succession of States
adopted by the Drafting Committee on second reading.
|
-
A/CN.4/L.573
and 573* (Spanish only) and Corr.1 (English only) and Corr.2
(French only) (F)
|
| F.
Comments by Governments |
|
1. 51st
session of the International Law Commission (1999)
-
Comments and observations received from Governments
|
-
U.N. Doc. A/CN.4/493
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
|
| G.
Other |
|
|
|
|
| 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 would 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. 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. Vaclav Mikulka Special
Rapporteur for the topic.
- Discussion in Plenary: 2376th
(F)
mtg (22 July 1994)
|
-
ILC Report, A/49/10,
(F),
1994, chp. VI, par.383
-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, after considering the Special Rapporteur's
preliminary report, decided to establish a Working Group
on the topic and to reconvene the Working Group at the
next session to complete its task, in order to meet the
request contained in para. 6 of General Assembly resolution
49/51.
- Discussion in Plenary: 2385th
(F)
mtg (17 May 1995), 2387th
(F),
2388th
(F),
2389th (F),
2390th
(F)
and 2391st
(F)
mtgs (19, 23, 24, 26 and 30 May 1995), 2411th
(F)
and 2413th
(F)
mtgs (5 and 7 July 1995)
|
-
ILC Report, A/50/10,
(F),
1995, chp. III, paras.144-229
-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 Commission, after considering the Special Rapporteur's
second report on the topic, and an oral report by the
Chairman of the Working Group on the work undertaken by
the Group at the present session, decided, in accordance
with the Working Group's conclusions, to recommend to
the General Assembly that it should take note of the completion
of the preliminary study of the topic and that it request
the Commission to undertake the substantive study of the
topic entitled "Nationality in relation to the succession
of States" (based on the approach formulated by the Working
Group).
- Discussion in Plenary: 2435th
(F)
mtg (4 June 1996), 2451st
(F)
mtg (2 July 1996), and 2459th
(F)
mtg (12 July 1996)
|
- ILC
Report, A/51/10,
1996, chp. IV, paras.69-88
-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 Commission, after considering the Special Rapporteur's
third report, referred the draft articles (25) to the
Drafting Committee. The Commission, after considering
the Committee's report, adopted on first reading a draft
preamble and a set of 27 draft articles on the topic and
decided 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 1999.
- Discussion in Plenary: 2475th
(F),
2476th (F),
2477th (F),
2478th
(F),
2479th
(F),
2480th
(F),
2481st
(F),
2482nd
(F),
2483rd
(F),
2484th (F),
2485th
(F)
and 2486th
(F)
mtgs (13 to 30 May 1997),
2488th (F),
2489th
(F),
2490th
(F),
2491st
(F),
2492nd
(F),
2493rd
(F),
2494th (F),
2495th (F),
2496th
(F),
2497th
(F),
2498th
(F)
and 2499th
(F)
mtgs (5 to 25 June 1997), 2504th
(F)
and 2505th
(F)
mtgs (3 and 4 July 1997), 2507th
(F),
2508th
(F)
and
2509th (F)
mtgs (8 to 10 July 1997)
|
- ILC
Report, A/52/10,
1997, chp. IV, paras.36-43
-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 had before it the Special Rapporteur's
fourth report. The Commission established a Working Group
to consider the question of the possible orientation to
be given to the second part of the topic in order to facilitate
the Commission's decision on this issue. The Working Group
adopted several preliminary conclusions.
-
Discussion in Plenary: 2530th
(F)
mtg (14 May 1998) and 2544th
(F)
mtg (9 June 1998)
|
- ILC
Report, A/53/10,
1998, chp. VIII, paras.452-468
-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 had before it the Memorandum by the Secretariat
(A/CN.4/497) containing an overview of the comments and
observations of Governments, made either orally in the
Sixth Committee or in writing. The Commission decided
to re-establish the Working Group on "Nationality in relation
to the succession of States". It subsequently considered
the Report of the Chairman of the Working Group (A/CN.4/L.572)
and referred the draft preamble and a set of 26 draft
articles to the Drafting Committee. The Commission considered
the report of the Drafting Committee and adopted the final
text of the draft
articles on nationality of natural persons in relation
to the succession of States. It subsequently adopted
the commentaries
to the draft articles.
-
Discussion in Plenary: 2566th
(F)
mtg (4 May 1999), 2569th
(F)
mtg (7 May 1999), 2572nd
(F)
mtg (14 May 1999), 2579th
(F)
and 2580th
(F)
mtgs ( 1 and 2 June 1999), 2603rd
(F)
and 2604th
(F)
mtgs (15 and 16 July 1999), and 2606th
(F)
and
2607th (F)
mtgs (19 and 20 July 1999).
|
- ILC
Report, A/54/10,
1999, chp. IV, paras.34-48
-Ybk,
1999, vII(2) (F)
-Ybk,
1999, vI (F)
|
| I.
General Assembly Action |
|
Res.48/31
of 9 December 1993 (E,
F,
S,
R,
C,
A)
-
Endorsed the decision of the Commission to include the
topic in its agenda, on the understanding that the final
form to be given to the work on this topic would be decided
after a preliminary study was presented to the General
Assembly.
|
|
Res.
49/51 of 9 December 1994 (E,
F,
S,
R,
C,
A)
-
Endorsed 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 would be decided
after a preliminary study was presented to the General
Assembly and requested the Secretary-General to invite
Governments to submit, by 1 March 1995, relevant materials
including national legislation, decisions of national
tribunals and diplomatic and official correspondence relevant
to the topic.
|
|
Res.
50/45 of 11 December 1995 (E,
F,
S,
R,
C,
A)
-
Invited the Commission to continue its work on the topic
along the lines indicated in the report. Requested the
Secretary-General to again invite Governments to submit
as soon as possible relevant materials, including treaties,
national legislation, decisions of national tribunals
and diplomatic and official correspondence relevant to
the topic.
|
|
Res.
51/160 of 16 December 1996
(E,
F,
S,
R,
C,
A)
-
Noted the completion of the preliminary study of the topic,
and requested the Commission to undertake the substantive
study of the topic "Nationality in relation to the succession
of States" in accordance with the modalities provided
for in para.88 of its report, and invited Governments
to submit comments on the practical problems raised by
the succession of States affecting the nationality of
legal persons.
|
|
Res.
52/156 of 15 December 1997
(E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the Commission for the completion
of the first reading of draft articles on nationality
of natural persons in relation to the succession of States.
Urged Governments to submit their comments and observations
on the draft articles on nationality of natural persons
in relation to the succession of States in writing by
1 October 1998. Invited Governments to submit comments
and observations on the practical problems raised by the
succession of States affecting the nationality of legal
persons.
|
|
| J.
Final Outcome |
|
International
Law Commission (51st
session, 1999)
-
Decided to recommend to the General Assembly the adoption,
in the form of a declaration, of the draft
articles on nationality of natural persons in relation
to the succession of States. Furthermore, the Commission
recalled the conclusion of the Working Group that "In
the absence of positive comments from States, the Commission
would have to conclude that States are not interested
in the study of the second part of the topic", and taking
into account that no such comments have been submitted
by States, the Commission decided to recommend to the
General Assembly that, with the adoption of the draft
articles on nationality of natural persons in relation
to the succession of States, the work of the Commission
on the topic "Nationality in relation to the succession
of States" be considered concluded.
|
- Ybk,
1999, vII(2) (F),
chp. IV, paras. 44 and 45 |
|
I.
General Assembly Action
|
|
Res.
54/111 of 9 December 1999 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the International Law Commission
for the completion of the second reading of the draft
articles on nationality of natural persons in relation
to the succession of States, and noted that the Commission
had completed its work on the topic "Nationality
in relation to the succession of States".
|
|
Res.
54/112 of 9 December 1999 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the International Law Commission
for its valuable work on nationality of natural persons
in relation to the Succession of States and to the Special
Rapporteur and the Chairman of the Working Group for their
contribution to that work. Decided to include the item
on the provisional agenda of its fifty-fifth session,
with a view to the consideration of the draft articles
and their adoption as a declaration at that session. Invited
Governments to submit subsequently comments and observations
on the question of a convention on nationality of natural
persons in relation to the succession of States, with
a view to the General Assembly considering the elaboration
of such a convention at a future session.
|
|
Res.
55/153 of 12 December 2000 (E,
F,
S,
R,
C,
A)
-
Took note of the articles on nationality of natural persons
in relation to the succession of States, presented by
the Commission in the form of a declaration, the text
of which was annexed to the resolution. Invited Governments
to take into account, as appropriate, the provisions contained
in the articles and decided to include the item in the
agenda of its fifty-ninth session.
|
|
Res.
59/34 of 2 December 2004 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to take into
account, as appropriate, the provisions of the articles
in dealing with issues of nationality of natural persons
in relation to the succession of States. Encouraged the
elaboration, at the regional or subregional level, of
legal instruments regulating questions of nationality
of natural persons in relation to the succession of States,
with a view, in particular, to preventing the occurrence
of statelessness as a result of a succession of States.
Invited Governments to submit comments concerning the
advisability of elaborating a legal instrument on the
question of nationality of natural persons in relation
to the succession of States, including the avoidance of
statelessness as a result of a succession of States. Decided
to include the item in the provisional agenda of its sixty-third
session.
|
|
|
|
|
|