A.
Mandate
-
Topic recommended for selection by the Commission in 1977.
- G.A. Res. 32/151 of 19 December 1977 (E,
F,
S,
R,
C,
A)
-
G.A.Res. 53/98 of 8 December 1998 (E,
F,
S,
R,
C,
A)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
|
|
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
-
Report of the Working Group on Jurisdictional Immunities
of States and their Property
|
- U.N.
Doc. A/CN.4/L.279/Rev.1
(F)
(ILC Report, A/33/10,
(F),
1978, chp. VIII(D), annex,)
- ILC Report, A/33/10,
(F),
1978, paras.179-190 |
2.
51st session of
the International Law Commission (1999)
|
|
-
Report of the Working Group on Jurisdictional Immunities
of States and their Property
|
- U.N.
Doc. A/CN.4/L.576
(F)
(ILC Report, A/54/10,
1999, annex,)
- Ybk,
1999, vol. II(2) (F),
chp. VII, paras.481-484 |
| D.
Reports of the Special Rapporteur |
|
1. Preliminary
consideration, introduction to topic, historical background,
possible source materials, rough analytical outline, possibility
of eventual preparation of draft articles.
-
Preliminary Report of the Special Rapporteur, Mr.
Sompong Sucharitkul (31st
session of the ILC (1979))
|
- U.N.
Doc. A/CN.4/323
(F)
(in Ybk,
1979, vII(1) (F))
- ILC Report, A/34/10,
(F),
1979, chp. VII, paras.176-178 |
2. Proposed
draft articles with commentaries: scope (art.1), use of
terms (art.2), interpretative provisions (art.3), jurisdictional
immunities not within the scope of the articles (art.4),
non-retroactivity (art.5), principle of state immunity (art.6).
-
Second Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (32nd session of the ILC (1980))
|
- U.N.
Doc. A/CN.4/331
and Add.1 (F)
(in Ybk,
1980, vII(1) (F))
- ILC Report,
A/35/10, (F),
1980, chp. VI(A)(1), paras.111-112 |
3. Five
further draft articles: rules of competence and jurisdictional
immunity (art.7); consent of state (art.8); voluntary submission
(art.9); counter-claims (art.10); waiver (art.11). Together
with art.6 provisionally adopted during the 32nd
session, these were placed in Part II, viz. "General
Principles".)
-
Third Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (33rd session of the ILC (1981))
|
- U.N.
Doc. A/CN.4/340
and Corr.1 and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1981, vII(1) (F))
- ILC Report, A/36/10,
(F),
1981, chp. VI(A)(2), paras.208-227 |
4. Part
III of the draft articles concerning exceptions to State
immunity. Two draft articles: scope of Part III (art.11),
and trading or commercial activity (art.12)).
-
Fourth Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (34th
session of the ILC (1982))
|
- U.N.
Doc. A/CN.4/357
and Corr.1 (F)
(in Ybk,
1982, vII(1) (F))
- ILC Report, A/37/10,
(F),
1982, chp. V(A)(2), paras.171-198 |
5. Part
III of the draft Articles concerning exceptions to State
immunity. Three further draft articles: contracts of employment
(art.13), personal injuries and damage to property (art.14),
and ownership, possession and use of property (art.15).
-
Fifth Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (35th
session of the ILC (1983))
|
- U.N.
Doc. A/CN.4/363
and Corr.1 and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1983, vII(1) (F))
- ILC Report, A/38/10,
(F),
1983, chp. III(A)(2), paras.76-96 |
6. Part
III, exceptions to state immunity. Five draft articles:
patents, trade marks and intellectual properties (art.16),
fiscal liabilities and customs duties (art.17), share-holdings
and membership of bodies corporate (art.18), ships employed
in commercial service (art. 19 alternative A and B), and
arbitration (art.20). Revised version of art. 19 was subsequently
prepared by the Special Rapporteur.
-
Sixth Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (36th
session of the ILC (1984))
|
- U.N.
Doc.
A/CN.4/376 and Add. 1 and 2 (F)
(in Ybk,
1984, vII(1) (F))
- ILC Report,
A/39/10, (F),
1984, chp. IV(A)(2), paras.202-214 |
7. Last
two remaining parts: state immunity in respect of property
from attachment and execution (Part IV), and miscellaneous
provisions (Part V). Part IV comprised of: scope of the
Part (art.21), State immunity from attachment and execution
(art.22), modalities and effect of consent to attachment
and execution (art.23), and types of State property permanently
immune from attachment and execution (art.24). Part V: immunities
of personal sovereigns and other heads of State (art.25),
service of process and judgement in default of appearance
(art.26), procedural privileges (art.27), and restriction
and extension of immunities and privileges (art.28).
-
Seventh Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (37th
session of the ILC (1985))
|
- U.N.
Doc. A/CN.4/388
and Corr.1 (English only) and Corr.2 (French only) (F)
(in Ybk.,
1985, vII(1)) (F)
- ILC Report, A/40/10,
(F),
1985, chp. V(A)(2), paras.213-223 |
8. Proposed
changes to those draft articles still under consideration,
and which had not yet been submitted to the drafting Committee,
viz. Part I (Introduction): use of terms (art.2(2)), interpretative
provisions (art.3(1)), jurisdictional immunities not within
the scope of the present articles (art.4), non-retroactivity
(art.5); and Part V (Miscellaneous provisions): immunities
of personal sovereigns and other heads of State (art.25),
service of process and judgment in default of appearance
(art.26), procedural privileges (art.27), and restriction
and extension of immunities and privileges (art.28). Proposals
were also made in the report for a Part VI (settlement of
disputes) and Part VII (final provisions) for future consideration
by the Commission.
-
Eighth Report of the Special Rapporteur, Mr. Sompong
Sucharitkul (38th
session of the ILC (1986))
|
- U.N.
Doc. A/CN.4/396
and Corr.1 (F)
(in Ybk,
1986, vII(1) (F))
- ILC Report, A/41/10,
(F),
1986, chp. II(B), paras.15, 16 |
9. Analysis
of the comments of 23 Member States, as well as further
replies later received from five member States. Proposed
the combination of arts. 2 and 3, and proposed the inclusion
of draft art.11(bis) dealing with the question of
a State enterprise with segregated State property. Several
editorial and other amendments to provisionally adopted
draft articles were also recommended.
-
Preliminary Report of the Special Rapporteur, Mr.
Motoo Ogiso (40th
session of the ILC (1988))
|
- U.N.
Doc. A/CN.4/415
and Corr.1 and 2 (F)
(in Ybk,
1988, vII(1) (F))
- ILC Report, A/43/10,
(F),
1988, chp.VI(B), paras.500-520 |
10.
Consideration of draft articles on the basis of the written
comments and observations of Governments and the Special
Rapporteur's analysis of relevant codification and State
practice. Brief review of the recent developments of general
State practice concerning State immunity.
-
Second Report of the Special Rapporteur, Mr. Motoo
Ogiso (41st session
of the ILC (1989))
|
- U.N.
Doc.
A/CN.4/422 and Corr.1 and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1989, vII(1) (F))
- ILC Report, A/44/10,
(F),
1989, chp. VI(B), paras.403-612 |
11.
Review of the entire set of draft articles with suggested
reformulations, taking into account the views expressed
by members of the Commission at its 41st session, as well
as Governments in their written comments and in the 6th
Committee.
-
Third Report of the Special Rapporteur, Mr. Motoo
Ogiso (42nd session
of the ILC (1990))
|
- U.N.
Doc. A/CN.4/431
and Corr.1 (F)
(in Ybk,
1990, vII(1) (F))
- ILC Report, A/45/10,
(F),
1990, chp. III(B), paras.165-166 |
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Texts of articles 1-6 and titles of parts 1 and 2 of the
draft, adopted by the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.317
(F)
(in Ybk,
1980, vI, (F),
1634th mtg (16 July 1980)) |
|
|
|
-
Texts adopted by the Drafting Committee: article 1, article
2, par. 1 (a), and articles 7 to 9
|
- U.N.
Doc. A/CN.4/L.342
(F)
(in Ybk,
1982, vI,
(F), 1749th mtg (20 July 1982) and 1750th mtg (21 July
1982)) |
|
|
|
-
Texts adopted by the Drafting Committee: arts. 10, 12,
2(1)(g), 3(2) and 15
|
- U.N.
Doc. A/CN.4/L.364
(F)
(in Ybk,
1983, vI, (F),
1805th mtg (15 July 1983)) |
|
|
|
-
Texts adopted by the Drafting Committee: arts. 13,14,
16, 17 and 18
|
- U.N.
Doc. A/CN.4/L.379
(F)
(in Ybk,
1984, vI, (F),
1868th and 1869th mtgs (20 and 23 July 1984)) |
|
|
|
-
Texts adopted by the Drafting Committee: arts. 19 and
20
|
- U.N.
Doc. A/CN.4/L.397
(F)
(in Ybk,
1985, vI, (F),
1931st mtg (19 July 1985)) |
|
|
|
-
Titles and texts adopted by the Drafting Committee: titles
of Parts II and III of the draft; articles 2 to 6 and
20 to 28
|
- U.N.
Doc. A/CN.4/L.399
and Corr.1 (English only) (F) |
|
|
|
-
Titles and texts adopted by the Drafting Committee on
second reading: arts. 1 to 10 and 12 to 16
|
- U.N.
Doc. A/CN.4/L.444
(F)
(in Ybk,
1990, vI, (F),
2191st mtg (11 July 1990)) |
|
|
|
-
Titles and texts adopted by the Drafting Committee on
second reading: arts. 1 to 23
|
- U.N.
Doc. A/CN.4/L.457
(F)
(in Ybk,
1991, vI, (F),
2218th to 2221st mtgs (4 to 7 June 1991)) |
| F.
Comments by Governments |
|
|
|
|
-
Information and Materials submitted by Governments. Part
1: Government replies to the questionnaire
|
- U.N.
Doc. A/CN.4/343
(F)
and Add.
3 (F)
and Add.
4 (F)*
(ILC Report, A/36/10,
(F),
1981, chp. VI(A)(2), par.209) |
-
Part II: Materials submitted by Governments together with
their replies to the questionnaire
|
-
U.N. Doc. A/CN.4/343/Add.1
(F)*
|
-
Part III: Materials submitted by Governments who have
not replied to the questionnaire
|
-
U.N. Doc. A/CN.4/343/Add.2
(F)* |
|
(* Reproduced
in the United Nations Legislative Series, Materials on
Jurisdictional Immunities of States and their Property
(Sales No. E/F 81.V.10)) |
|
|
|
-
Comments and observations received from Governments
|
- U.N.
Doc. A/CN.4/410
and Add.1 and Add.1/Corr.1, 2-5 (F)
(in Ybk,
1988, vII(1) (F))
- ILC Report, A/43/10,
(F),
1988, chp. VI(B), par.498 |
| G.
Other |
|
|
|
|
-
Texts of articles 7 to 10, proposed by the Special
Rapporteur on 9 June 1981
|
- U.N.
Doc. A/CN.4/L.337
(F)
(in ILC Report, A/36/10,
(F),
1981, chp. VI(A)(2), fts. 674-677) |
|
|
|
-
Revised texts of articles 11 and 12 submitted by the Special
Rapporteur, Mr. Sompong Sucharitkul
|
- U.N.
Doc. A/CN.4/L.351 (mimeograph) |
|
|
|
-
Memorandum presented by Mr. Nikolai A. Ushakov
|
- U.N.
Doc. A/CN.4/371
(F)
(in Ybk,
1983, vII(1) (F)) |
|
|
|
-
Revised text of article 19 proposed by the Special
Rapporteur
|
- U.N.
Doc. A/CN.4/L.380 (mimeograph; see also in Ybk,
1984, vII (2), (F),
ft. 202) |
-
Text of paragraph 2 of article 11 proposed by the Special
Rapporteur
|
- U.N.
Doc. A/CN.4/L.381 (mimeograph; see also in Ybk,
1984, vII (2), (F),
ft. 200) |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its thirtieth
session, 8 May to 28 July 1978
-
The Commission included the topic in its programme of
work, appointed Mr. Sompong Sucharitkul as Special
Rapporteur and invited him to prepare a preliminary
report. It also requested the Secretary-General to invite
Governments of Member States to submit relevant materials
on the topic and asked the Secretariat to prepare relevant
working papers.
- Discussion in Plenary: 1502nd
(F)
mtg (16 June 1978), 1524th
(F)
mtg (24 July 1978), 1525th
(F)
mtg (25 July 1978) and 1527th
(F)
mtg (27 July 1978)
|
-
ILC Report, A/33/10,
(F),
1978, chp. VIII(D), paras.179-190
-
Ybk, 1978, vII(2) (F)
- Ybk,
1978, vI (F)
|
2. Report
of the International Law Commission on the work of its thirty-first
session, 14 May to 3 August 1979
-
The Commission considered the preliminary report of the
Special Rapporteur and decided to request that
he continue his study, concentrating on general principles.
The Commission noted that in terms of priorities, work
should proceed on immunities of States from jurisdiction.
The issue of the widening functions of the State was also
addressed.
- Discussion in Plenary:
1574th (F)
and 1575th
(F)
mtgs (23 and 24 July 1979)
|
-
ILC Report, A/34/10,
(F),
1979, chp. VII, paras.166-183
- Ybk,
1979, vII(2) (F)
- Ybk,
1979, vI (F)
|
3. Report
of the International Law Commission on the work of its thirty-second
session, 5 May to 25 July 1980
-
The Commission discussed the report of the Special
Rapporteur and provisionally adopted the texts of
articles 1 and 6 proposed by the Drafting Committee with
commentaries.
- Discussion in Plenary: 1622nd
(F),
1623rd
(F),
1624th
(F),
1625th
(F)
and 1626th
(F)
mtgs (30 June to 4 July 1980),
1634th (F)
and 1637th
(F)
mtgs (16 and 18 July 1980)
|
-
ILC Report, A/35/10,
(F),
1980, chp. VI, paras. 99-122
-
Ybk, 1980, vII(2) (F)
-
Ybk,
1980, vI (F)
|
4. Report
of the International Law Commission on the work of its thirty-third
session, 4 May to 24 July 1981
|
- ILC
Report, A/36/10,
(F),
1981, chp. VI, paras. 200-227
- Ybk,
1981, vII(2) (F)
- Ybk,
1981 ,vI (F)
|
5. Report
of the International Law Commission on the work of its thirty-fourth
session, 3 May to 23 July 1982
-
The Commission considered the fourth report of the Special
Rapporteur and confirmed its referral to the Drafting
Committee of draft articles 7 to 10. It also referred
to the Drafting Committee draft articles 11 and 12 and
furthermore decided that draft article 6, already provisionally
adopted at the thirty-second
session, should be re-examined by the Drafting Committee
in the light of the discussions of the rest of the articles
constituting part II of the draft articles and that the
Drafting Committee should examine the provisions of draft
articles 2 and 3 relevant to the problems of definition
of "jurisdiction" and "trading or commercial activities".
The Commission also adopted draft articles 2, paragraph
1 (a), 7, 8 and 9, as well as a revised version of draft
article 1, with commentaries.
- Discussion in Plenary: 1708th
(F),
1709th
(F),
1710th
(F),
1711th
(F),
1712th
(F),
1713th
(F),
1714th (F),
1715th
(F),
1716th
(F),
1717th
(F)
and 1718th
(F)
mtgs (17 May to 2 June 1982), 1728th
(F),
1729th
(F)
and 1730th
(F)
mtgs (16 to 18 June 1982), 1749th
(F)
and 1750th
(F)
mtgs (20 and 21 July 1982)
|
-
ILC Report, A/37/10,
(F),
1982, chp. V, paras. 157-198
- Ybk,
1982, vII(2) (F)
- Ybk,
1982, vI (F)
|
6. Report
of the International Law Commission on the work of its thirty-fifth
session, 3 May to 22 July 1983
-
Decision to refer articles 13, 14 and 15 to the Drafting
Committee. Revised version of draft articles.13 (contracts
of employment) and 14 (personal injuries and damage to
property) submitted to the drafting Comm. Arts. 2(1)(g),
3(2), 10, 12 and 15 were provisionally adopted with commentaries.
- Discussion in Plenary: 1762nd
(F),
1763rd
(F),
1764th
(F),
1765th
(F),
1766th
(F),
1767th (F),
1768th
(F),
1769th
(F)
and 1770th
(F)
mtgs (17 to 30 May 1983), and 1805th
(F)
and 1806th
(F)
mtgs (15 and 18 July 1983)
|
- ILC
Report, A/38/10,
(F),
1983, chp. III, paras.70-96
- Ybk,
1983, vII(2) (F)
- Ybk,
1983, vI (F)
|
7. Report
of the International Law Commission on the work of its thirty-sixth
session, 7 May to 27 July 1984
-
The Commission, after considering the Special Rapporteur's
sixth report, decided to refer draft articles 16, 17 and
18 to the Drafting Committee. In the light of the discussions
held in the Commission, the Special Rapporteur
submitted to the Commission a revised version of draft
article 19 (A/CN.4/L.380). Owing to lack of time, the
Commission was not in a position to conclude its deliberations
on article 19 or to take up article 20. It decided to
consider those articles next year, at its thirty-seventh
session. As recommended by the Drafting Committee,
the Commission provisionally adopted draft articles 13,
14, 16, 17, and 18. With regard to the provisional adoption
of draft article 16 by the Commission, the Special
Rapporteur submitted the text of paragraph 2 of draft
article 11 to the Commission (A/CN.4/L.381). The Commission
decided to refer paragraph 2 of draft article 11 to the
Drafting Committee for consideration.
- Discussion in Plenary: 1833rd
(F),
1834th
(F),
1835th
(F),
1836th
(F),
1837th
(F),
1838th
(F),
1839th
(F),
1840th
(F)
and
1841st (F)
mtgs (4 to 15 June 1984), and 1868th
(F)
and 1869th
(F)
mtg (20 and 23 July 1984)
|
-
ILC Report, A/39/10,
(F),
1984, chp. IV, paras.195-214
- Ybk,
1984, vII(2) (F)
- Ybk,
1984, vI (F)
|
8. Report
of the International Law Commission on the work of its thirty-seventh
session, 6 May to 26 July 1985
-
The Commission limited its consideration to arts. 19 and
20, left over from the previous session, and Part IV.
Part V was left to the following year. On the recommendation
of the Drafting Committee., draft articles 19 and 20 were
provisionally adopted with commentaries. On the basis
of discussion held in the Commission, the Special Rapporteur
submitted to the Drafting Committee a new title for Part
IV, as well as revised texts for draft arts. 21 to 24.
It was decided that the Committee would take up these
articles at the following session.
- Discussion in Plenary:
1915th (F),
1916th
(F),
1917th
(F),
1918th (F),
1919th (F),
1920th
(F),
1921st
(F),
1922nd
(F),
1923rd
(F)
and 1924th
(F)
mtgs (1 to 11 July 1985), 1931st
(F),
and 1932nd
(F),
mtgs (19 and 22 July 1985)
|
-
ILC Report, A/40/10,
(F),
1985, chp. V, paras.205-247
- Ybk,
1985, vII(2) (F)
- Ybk,
1985, vI (F)
|
9. Report
of the International Law Commission on the work of its thirty-eighth
session, 5 May to 11 July 1986
-
On the basis of the Report of the Drafting Committee,
the Commission provisionally adopted on first reading,
articles 2(2), 3(1), 4 to 6, 20 to 28, with commentaries.
After making several editorial changes to previously adopted
draft articles, and renumbering arts. 12 to 20 as draft
articles 11 to 19, the Commission adopted on first reading
the draft articles on the topic as a whole. It requested
that the Secretary-General transmit the draft articles
to Governments for comments and observations by 1 Jan.
1988.
- Discussion in Plenary: 1942nd
(F),
1943rd
(F),
1944th
(F),
1945th
(F),
1946th
(F)
and 1947th
(F)
mtgs (7 to 16 May 1986), 1968th
(F),
1969th
(F),
1970th
(F),
1971st
(F)
and 1972nd
(F)
mtgs (17 to 20 June 1986)
|
-
ILC Report, A/41/10,
(F),
1986, chp. II, paras.10-22
- Ybk,
1986, vII(2)
(F)
- Ybk,
1986, vI (F)
|
10.
Report of the International Law Commission on the work of
its thirty-ninth session,
4 May to 27 July 1987
-
The Commission appointed Mr. Motoo Ogiso as Special
Rapporteur for the topic.
- Discussion in Plenary:
2016th (F)
mtg (17 June 1987)
|
- ILC
Report, A/42/10,
(F),
1987, chp. VI(B), paras.221-222
- Ybk,
1987, vII(2) (F)
-
Ybk,
1987, vI (F)
|
11.
Report of the International Law Commission on the work of
its fortieth session,
9 May to 29 July 1988
-
Although the Commission was unable to consider the topic
at the session due to time constraints, it did allow the
Special Rapporteur to introduce his preliminary
report.
- Discussion in plenary: 2081st
(F)
mtg (19 July 1988)
|
-
ILC Report, A/43/10,
(F),
1988, chp. VI, paras. 494-520
- Ybk,
1988, vII(2) (F)
- Ybk,
1988, vI (F)
|
12.
Report of the International Law Commission on the work of
its forty-first session,
2 May to 21 July 1989
-
Each draft article was discussed by the Commission in
the light of the Special Rapporteur's comments.
The Commission decided to refer arts. 1 to 11 bis to the
Drafting Committee. for their second reading, together
with the proposals of the Special Rapporteur and
other members made in plenary, and decided to continue
consideration of arts. 12 to 28 at the next session.
- Discussion in Plenary: 2114th
(F),
2115th (F),
2116th
(F),
2117th
(F),
2118th (F),
2119th
(F),
2120th
(F),
2121st
(F)
and 2122th
(F)
mtgs (7 to 21 June 1989)
|
-
ILC Report, A/44/10,
(F),
1989, chp. VI, paras.398-613
- Ybk,
1989, vII(2) (F)
- Ybk,
1989, vI (F)
|
13.
Report of the International Law Commission on the work of
its forty-second session,
1 May to 20 July 1990
-
Commission resumed its consideration of draft arts. 12
to 28, and referred them to the drafting Committee. The
Drafting Committee provisionally adopted on second reading
arts. 1 to 10, 12 to 16.
- Discussion in Plenary: 2158th
(F),
2159th (F),
2160th
(F),
2161st (F)
and
2162nd (F)
mtgs (16 to 23 May 1990), and 2191st
(F)
mtg (11 July 1990)
|
-
ILC Report,
A/45/10, (F),
1990, chp. III, paras.159-243
- Ybk,
1990, vII(2) (F)
- Ybk,
1990, vI (F)
|
14.
Report of the International Law Commission on the work of
its forty-third session,
29 April to 19 July 1991
|
-
ILC Report, A/46/10,
(F),
1991, chp. II, paras.17-28
- Ybk,
1991, vII(2) (F)
- Ybk,
1991, vI (F)
|
15.
Report of the International Law Commission on the work of
its fifty-first session,
3 May to 23 July 1999
-
The General Assembly, in its resolution 53/98 of 8 December
1998, invited the International Law Commission to present
any preliminary comments it may have regarding outstanding
substantive issues related to the draft articles. The
Commission decided to establish a Working Group on Jurisdictional
Immunities of States and their property which would be
entrusted with the task of preparing preliminary comments
as requested by operative paragraph 2 of General Assembly
resolution 53/98 of 8 December 1998. After an exchange
of views, the Commission decided to take note of the report
of the Working Group, which would be annexed
to the Commission's report. It also decided to adopt the
suggestions of the Working Group, as amended in the course
of the discussion. These suggestions are contained in
paragraphs 22-30; 56-60; 78-83; 103-107 and 125-129 of
the Working Group's report.
- Discussion in Plenary: 2601st
(F)
and 2602nd
(F)
mtgs (13 and 14 July 1999)
|
-
ILC Report, A/54/10
(F),
1999, chp. VII, paras. 471-484
- Ybk,
1999, vI (F)
|
| I.
General Assembly Action |
|
Res.
33/139 of 19 December 1978 (E,
F,
S,
R,
C,
A)
-
Took note of the preliminary work done by the Commission
|
|
Res.41/81
of 3 December 1986 (E,
F,
S,
R,
C,
A)
-
Urging States to give full attention to the request of
the Commission for comments and observations.
|
|
Res.42/156
of 7 December 1987 (E,
F,
S,
R,
C,
A)
-
Urging States to give full attention to the request of
the Commission for comments and observations.
|
|
| J.
Final Outcome |
|
International
Law Commission
|
|
Forty
-third session, 1991
|
|
|
|
- ILC
Report, A/46/10,
(F),
1991, chp. II(B), paras.25, 26
- Ybk,
1991, vII(2) (F) |
Fifty-first
session, 1999
|
|
-
Upon the invitation of the Sixth Committee to present
any preliminary comments it might have regarding outstanding
substantive issues related to the draft articles, the
Commission established a Working Group and subsequently
annexed the report of the Working Group to its report
and adopted the Group's suggestions as amended.
|
-
ILC Report, A/54/10
(F),
1999, chp. VII (B), paras. 481-484
- Ybk,
1999, vII(2) (F) |
|
|
|
Res.
46/55 of 9 December 1991 (E,
F,
S,
R,
C,
A)
-
Invited States to submit their written comments and
observations, and decided to establish at its 47th session
an open-ended working group of the Sixth Committee to
examine, in the light of the written comments of the
Governments, as well as views expressed in debates at
the forty-sixth session of the Assembly: a) issues of
substance arising out of the draft
articles, in order to facilitate a successful conclusion
of a convention through the promotion of general agreement;
and b) the question of the convening of an international
conference, to be held in 1994 or subsequently, to conclude
a convention on jurisdictional immunities of States
and their property.
|
|
Decision
47/414 of 25 November 1992
-
Took note of the report of the Working Group. Decided
to re-establish the Working Group to continue consideration
in order to facilitate the successful conclusion of
a convention through the promotion of general agreement.
|
|
Decision
48/413 of 9 December 1993
-
Decided that consultations should be held in the framework
of the Sixth Committee at its forty-ninth session, to
continue consideration of the substantive issues regarding
which the identification and attenuation of differences
was desirable in order to facilitate the successful
conclusion of a convention through general agreement.
|
|
Res.49/61
of 9 December 1994 (E,
F,
S,
R,
C,
A)
-
Accepted the recommendation of the Commission that an
international conference of plenipotentiaries be convened
to consider the articles on jurisdictional immunities
of States and their property and to conclude a convention
on the subject. Decided to resume consideration, at
its fifty-second session, of the issues of substance
and to determine, at its fifty-second or fifty-third
session, the arrangements for the conference.
|
|
Res.
52/151 of 15 December 1997 (E,
F,
S,
R,
C,
A)
-
Decided to consider this item again at its fifty-third
session with a view to the establishment of a working
group at its fifty-fourth session, taking into account
the comments submitted by States in accordance with
resolution 49/61. Urged States, if they have not yet
done so, to submit to the Secretary-General their comments
in accordance with paragraph 2 of resolution 49/61.
|
|
Res.
53/98 of 8 December 1998 (E,
F,
S,
R,
C,
A)
-
Decided to establish at its fifty-fourth session an
open-ended working group of the Sixth Committee, open
also to participation by States members of the specialized
agencies, to consider outstanding substantive issues
related to the draft articles on jurisdictional immunities
of States and their property adopted by the International
Law Commission, taking into account the recent developments
of State practice and legislation and any other factors
related to this issue since the adoption of the draft
articles, as well as the comments submitted by States
in accordance with paragraph 2 of resolution 49/61 and
paragraph 2 of resolution 52/151, and to consider whether
there are any issues identified by the working group
upon which it would be useful to seek further comments
and recommendations of the Commission. Invited the International
Law Commission to present any preliminary comments it
may have regarding outstanding substantive issues related
to the draft articles by 31 August 1999, in the light
of the results of the informal consultations held pursuant
to General Assembly decision 48/413 of 9 December 1993
and taking into account the recent developments of State
practice and other factors related to this issue since
the adoption of the draft articles, in order to facilitate
the task of the working group.
|
|
Res.
54/101 of 9 December 1999 (E,
F,
S,
R,
C,
A)
-
Took note with appreciation of the report of the Working
Group of the International Law Commission on jurisdictional
immunities of States and their property. Urged States,
if they had not yet done so, to submit their comments
to the Secretary-General in accordance with General
Assembly resolution 49/61 of 9 December 1994, and also
invited States to submit in writing to the Secretary-General,
by 1 August 2000, their comments on the report of the
Working Group. Decided that the open-ended working-group
of the Sixth Committee would continue its work at the
fifty-fifth session to consider the future form of,
and outstanding substantive issues related to, the draft
articles.
|
|
Res.
54/111 of 9 December 1999 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the International Law
Commission for the work accomplished at its fifty-first
session, in particular with respect to the topic "Jurisdictional
immunities of States and their property".
|
|
Res.
55/150 of 12 December 2000 (E,
F,
S,
R,
C,
A)
-
Took note with appreciation of the report of the Working
Group on Jurisdictional Immunities of States and their
Property. Urged States, if they had not yet done so,
to submit their comments to the Secretary-General in
accordance with General Assembly resolution 49/61 of
9 December 1994, and also invited States to submit in
writing to the Secretary-General, by 1 August 2001,
their comments on the reports of the open-ended Working
Group of the Sixth Committee. Decided to establish an
Ad
Hoc Committee on Jurisdictional Immunities of States
and Their Property to further the work done, consolidate
areas of agreement and resolve outstanding issues with
a view to elaborating a generally acceptable instrument.
|
|
Res.
56/78 of 12 December 2001 (E,
F,
S,
R,
C,
A)
|
|
Res.
57/16 of 19 November 2002 (E,
F,
S,
R,
C,
A)
|
|
Res.
58/74 of 9 December 2003 (E,
F,
S,
R,
C,
A)
|
|
Res.
59/38 of 2 December 2004 (E,
F,
S,
R,
C,
A)
|
|
|
|
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Analytical Guide > Jurisdictional
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