A.
Mandate
- 1949
Decision of the International Law Commission to award priority
to the topic following its survey of the whole field of
international law with a view to selecting topics for codification,
in pursuance of article 18 of its Statute.
- G.A. Res. 374 (IV) of 6 December 1949 (E,
F,
S,
R,
C)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
1. 2nd
session of the International Law Commission (1950)
|
|
-
Bibliography on the Regime of the High Seas (prepared
by the Secretariat)
|
-
U.N. Doc. A/CN.4/26
(F)
|
-
Questions under study by other organs of the United Nations
or by Specialized Agencies (memorandum presented by the
Secretariat)
|
-
U.N. Doc. A/CN.4/30
(in Ybk,
1950, vII) |
-
Memorandum presented by the Secretariat
|
-
U.N. Doc. A/CN.4/32
(F)
(in Ybk,
1950, vII) |
-
Memorandum on the Soviet Doctrine and Practice with Respect
to the Regime of the High Seas prepared by the Secretariat
|
-
U.N. Doc. A/CN.4/38 |
-
Laws and Regulations on the Régime of the High
Seas, published by the Division for the Codification and
Development of International Law
|
-
U.N. Doc. ST/LEG/SER.B/1 (United Nations publication, Sales
No. 1951.V.2)
- U.N. Doc. ST/LEG/SER.B/2 (United Nations publication, Sales
No. 1952.V.1) |
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. Preliminary
report concerning such questions as, the freedom of the
seas, definition of ships, territoriality of ships, nationality
of ships, ships without nationality, ships possessing two
or more nationalities, distinction between public and private
ships, safety of human life at sea, signals, assistance
and rescue, burials on the high seas, police on the high
seas, slave trade, arms shipments, sub-marine cables, fishing
rights, right of pursuit, protection of the resources of
the seas, extension of the territorial seas and the contiguous
zone, exclusive rights regarding the seabed and the continental
shelf.
-
Report of the Special Rapporteur, Mr. J.P.A. François
(2nd session
of the ILC (1950))
|
-
U.N. Doc. A/CN.4/17
(F)
(in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part VI, chp. III, par.183 |
2. Discussion
of the following questions: nationality of ships; penal
competence in the case of collision; safety of human life
at sea; the right of approach; the slave trade; sub-marine
cables; resources of the seas; right of pursuit; contiguous
zones; sedentary fishing; and the continental shelf.
-
Second report of the Special Rapporteur, Mr. J.P.A.
François (3rd
session of the ILC (1951))
|
-
U.N. Doc. A/CN.4/42
(in Ybk,
1951, vII)
- ILC Report,
A/1858 (A/6/9), 1951, chp. VII, paras.77-84 |
3. Further
consideration of the following topics: nationality of ships;
penal competence in case of collision; safety of human life
at sea; the right of approach and the slave trade; sub-marine
cables; and the right of pursuit.
-
Third report of the Special Rapporteur, Mr. J.P.A.
François (4th
session of the ILC (1952))
|
-
U.N. Doc. A/CN.4/51
(F)
(in Ybk,
1952, vII)
- ILC Report, A/2163
(A/7/9), 1952, chp. V, par.44 |
4. Discussion
of Government comments received regarding the proposed articles
on the continental shelf and related subjects.
-
Fourth report of the Special Rapporteur, Mr. J.P.A.
François (5th
session of the ILC (1953))
|
-
U.N. Doc.
A/CN.4/60 (F)
(in Ybk,
1953, vII)
- ILC Report, A/2458
(A/8/9), 1953, chp. III, par.61 |
5. Discussion
of Government comments received regarding the penal jurisdiction
in the context of collisions.
-
Fifth report of the Special Rapporteur, Mr. J.P.A.
François (5th
session of the ILC (1953))
|
-
U.N. Doc. A/CN.4/69
(F)
(in Ybk,
1953, vII) |
6. Further
consideration regarding the draft articles on the high seas.
Thirty four draft articles dealing with the following topics:
the definition of the high seas; freedom of the high seas;
commercial shipping on the high seas; State ships on the
high seas; security of navigation; sub-marine cables and
pipelines; jurisdiction in the context of collisions on
the high seas; policing of the high seas; fisheries; sedentary
fisheries; and water pollution.
-
Sixth report of the Special Rapporteur, Mr. J.P.A.
François (6th
session of the ILC (1954))
|
-
U.N. Doc. A/CN.4/79
(F)
(in Ybk,
1954, vII)
- ILC Report, A/2693
(A/9/9), 1954, chp. I(III), par.8 |
7. Report
of the Special Rapporteur on both the régime
of the high seas and the régime of the territorial
sea. Issues discussed included, the order of the chapters
of the final report; the establishment of a central authority
empowered to make regulations; settlement of disputes; contiguous
zones and the continental shelf; regulation of fisheries;
sedentary fisheries; points on which discussion was deferred
at the seventh
session; and omissions and ambiguities noted in contemporary
publications, together with a summary of replies from Governments
and conclusions of the Special Rapporteur.
-
Report of the Special Rapporteur, Mr. J.P.A. François
(8th session
of the ILC (1956))
|
-
U.N. Doc. A/CN.4/97
and Corr.1 and Add.1-3 (F)
(in Ybk,
1956, vII (F))
- ILC Report, A/3159
(A/11/9), 1956, chp. II(I)(a), par.14 |
8. Supplementary
report of the Special Rapporteur on the right of
international organizations to sail vessels under their
flags.
-
Supplementary report of the Special Rapporteur,
Mr. J.P.A. François (8th
session of the ILC (1956))
|
-
U.N. Doc.
A/CN.4/103 (F)
(in Ybk,
1956, vII (F))
- ILC Report, A/3159
(A/11/9), 1956, chp. II(I)(a), par.14 |
| E.
Reports of the Drafting Committee |
|
|
|
|
| F.
Comments by Governments |
|
1. 2nd
session of the International Law Commission (1950)
|
|
-
Replies from Governments to Questionnaires of the International
Law Commission
|
-
U.N. Doc. A/CN.4/19
(in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part VI, chp. III, par.182 |
2. 4th
session of the International Law Commission (1952)
|
|
-
Comments by governments on the draft articles on the continental
shelf and related subjects prepared by the International
Law Commission at its third session in 1951
|
-
U.N. Doc. A/CN.4/55/Add.1
and Rev.1, Add.2-6 (in ILC Report, A/2456
(A/8/9), 1953, annex II)
- ILC Report, A/2163
(A/7/9), 1952, chp. V, par.44 |
3. 5th
session of the International Law Commission (1953)
|
|
-
Comments by governments on the draft articles on the continental
shelf and related subjects
|
-
U.N. Doc. A/CN.4/70
(F)
(in Ybk,
1953, vII)
- ILC Report, A/2456
(A/8/9), 1953, chp. III(I), par.59 |
4. 6th
session of the International Law Commission (1954)
|
|
-
Comments on the draft articles on the continental shelf,
fisheries and the contiguous zone adopted by the International
Law Commission at its fifth
session, transmitted by the Government of Denmark
|
-
U.N. Doc. A/CN.4/86
(in Ybk,
1954, vII) |
5. 7th
session of the International Law Commission (1955)
|
|
-
Observations of the Government of Poland, concerning freedom
of navigation on the high seas
|
-
U.N. Doc. A/CN.4/L.53
(in Ybk,
1955, vII) |
-
Observations of the Government of the Union of South Africa,
concerning freedom of navigation on the high seas
|
-
U.N. Doc. A/CN.4/L.58
(in Ybk,
1955, vII) |
-
Memorandum of the Government of Ecuador concerning the
exploitation and conservation of the maritime resources
of the South Pacific
|
-
U.N. Doc. A/CN.4/L.63
(in Ybk,
1955, vII) |
6. 8th
session of the International Law Commission (1956)
|
|
-
Comments by Governments
|
-
U.N. Doc. A/CN.4/99
and Add.1-9 (F)
(in Ybk,
1956, vII (F))
- ILC Report, A/3159
(A/11/9), 1956, chp. II(I)(a), par.14 |
| G.
Other |
|
1. 2nd
session of the International Law Commission (1950)
|
|
-
Principles proposed by G. Amado
|
-
U.N. Doc. A/CN.4/R.4
(in Ybk,
1950, vI, 64th mtg (10 July 1950), ft.1) |
-
Principles submitted as a basis of discussion by J. M.
Yepes
|
-
U.N. Doc. A/CN.4/R.5
(in Ybk,
1950, vI, 64th mtg (10 July 1950), ft.4) |
| |
|
2. 7th
session of the International Law Commission (1955)
|
|
|
|
-
U.N. Doc. A/CN.4/L.51
(in Ybk,
1955, vI, 283rd mtg (3 May 1955), ft.16) |
|
|
-
U.N. Doc. A/CN.4/L.52
(in Ybk,
1955, vI, 283rd mtg (3 May 1955), ft.13) |
-
Nationality of Ships. Proposal by Mr. Zourek (Regarding
articles 8, 9 and 10)
|
-
U.N. Doc. A/CN.4/L.56
(in Ybk,
1955, vI, 293rd mtg (17 May 1955), ft.7 and 9; 294th mtg
(18 May 1955) ft.1) |
-
Proposal by Mr. Edmonds (Regarding article 21)
|
-
U.N. Doc. A/CN.4/L.57
(in Ybk,
1955, vI, 289th mtg (11 May 1955)) |
3. 8th
session of the International Law Commission (1956)
|
|
-
Comments by inter-governmental organizations
|
-
U.N. Doc.
A/CN.4/100 (F)
(in
Ybk, 1956, vII (F))
- ILC Report, A/3159
(F)
(A/11/9), 1956, chp. II(I)(a), par.14 |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its first
session, 12 April to 19 June 1949
-
Appointed Mr. J.P.A. François as Special Rapporteur
to study the topic of the régime of the high seas
- Discussion in Plenary: 33rd
mtg (3 June 1949)
|
-
ILC Report,
A/925 (A/4/10), 1949, part I, chp. II, paras.20-21
- Ybk, 1949, part II
-
Ybk,
1949, part I |
2. Report
of the International Law Commission on the work of its second
session, 5 June to 29 July 1950
-
On the basis of the report of the Special Rapporteur,
the Commission decided that it was necessary to select
the subjects the study of which could be begun by the
Commission as a first phase of its work on the topic.
The Commission therefore decided to retain the following
topics: nationality of ships, collision, safety of life
at Sea, the right of approach, slave trade, submarine
telegraph cables, resources of the sea, right of pursuit,
contiguous zone, sedentary fisheries, and the continental
shelf. The Commission requested the Special Rapporteur
to submit, at its next session, a further report.
- Discussion in plenary:
63rd, 64th,
65th, 66th,
67th,
68th
and
69th mtgs (7 to 17 July 1950)
|
-
ILC Report, A/1316
(A/5/12), 1950, part VI, chp. III, paras.182-201
- Ybk,
1950, vII
- Ybk,
1950, vI
|
3. Report
of the International Law Commission on the work of its third
session, 16 May to 27 July 1951
-
The Commission examined the second report of the Special
Rapporteur, and adopted a set of draft articles on
the continental shelf and related subjects with commentaries
(annexed to its report and reproduced in document A/CN.4/49
(S)),
and decided to communicate the draft articles to governments
with a view to obtaining their comments thereon.
- Discussion in plenary: 113th,
114th,
115th,
116th, 117th,
118th,
119th,
120th,
121st,
122nd,
123rd,
124th
and 125th
mtgs (28 June to 16 July 1951), and 130th,
131st,
132nd,
133rd
and 134th
mtgs (23 to 27 July 1951)
|
-
ILC Report, A/1858
(A/6/9), 1951, chp. VII, paras.76-84
- Ybk,
1951, vII
- Ybk,
1951, vI
|
4. Report
of the International Law Commission on the work of its fourth
session, 4 June to 8 August 1952
-
The Commission deferred consideration of the third report
of the Special Rapporteur until its fifth
session. The Special Rapporteur was invited
to study all replies from Governments as well as comments
brought about by the publication of the draft articles.
- Discussion in Plenary: 178th
mtg (1 August 1952)
|
-
ILC Report, A/2163
(A/7/9), 1952, chp. V, paras.41-46
- Ybk,
1952, vII
- Ybk,
1952, vI
|
5 .
Report of the International Law Commission on the work of
its fifth
session, 1 June to 14 August 1953
-
After examining the provisional draft once again, in the
light of comments of Governments, the Commission prepared
final drafts on the following three questions: continental
shelf; fisheries; and contiguous zone. In its report to
the General Assembly submitted in 1953, the Commission
recommended that the Assembly adopt by resolution the
part of the report covering the draft articles on the
continental shelf. In respect of the draft articles on
fisheries, the Commission recommended that the General
Assembly should approve the articles by resolution and
enter into consultation with the FAO of the United Nations
with a view to the preparation of a convention or conventions
on the subject in conformity with the general principles
embodied in the articles. As the Commission had not yet
adopted draft articles on the territorial sea, it recommended
that the General Assembly take no action with regard to
the draft article on the contiguous zone, since the report
covering the article was already published.
- Discussion in plenary: 195th,
196th,
197th,
198th,
199th,
200th, 201st,
202nd,
203rd,
204th,
205th,
206th,
207th,
208th,
209th
and 210th
mtgs (16 June to 7 July 1953), and the 215th
mtg (14 July 1953)
|
-
ILC Report, A/2456
(A/8/9), 1953, chp. III, paras.58-114
- Ybk,
1953, vII
- Ybk,
1953, vI
|
6. Report
of the International Law Commission on the work of its sixth
session, 3 June to 28 July 1954
-
Consideration of the sixth report of the Special Rapporteur
was held over to the next session.
|
-
ILC Report,
A/2693 (A/9/96), 1954, chp. I(III), par.8
- Ybk,
1954, vII |
7. Report
of the International Law Commission on the work of its seventh
session, 2 May to 8 July 1955
-
On the basis of the sixth report of the Special Rapporteur,
the Commission adopted a provisional draft with commentaries
to be submitted to Governments for comment. The Commission
also communicated the chapter on the conservation of living
resources of the sea to the organizations represented
by observers at the International Technical Conference
on the Conservation of the Living Resources of the Sea,
convened by the Secretary-General in pursuance of G.A.
Res. 900 (IX) (E,
F,
S,
R,
C,
A)
of 14 December 1954 and held at Rome from 18 April to
10 May 1955. It further proposed, in accordance with G.A.
Res. 899 (IX) of 14 December 1954 (E,
F,
S,
R,
C,
A),
to group together in a single report all the rules adopted
by it in respect of the high seas, the territorial sea,
the continental shelf, contiguous zones, fisheries and
the protection of the living resources of the sea.
- Discussion in plenary: 283rd,
284th,
285th
and 286th
mtgs (3 May to 6 May 1955), 288th,
289th,
290th,
291st,
292nd,
293rd,
294th,
295th,
296th,
297th and
298th mtgs (10 to 25 May 1955), 300th,
301st,
302nd,
303rd,
304th, 305th
and 306th
mtgs (27 May to 7 June 1985), 320th
and 321st
mtgs (27 to 28 June 1955), 323rd
mtg (30 June 1955), 326th
and 327th
mtgs (4 to 5 July 1955), and
329th and
330th mtgs (7 to 8 July 1955)
|
-
ILC Report, A/2934
(A/10/9), 1955, chp. II, paras.11-18
- Ybk,
1955, vII
- Ybk,
1955, vI
|
8. Report
of the International Law Commission on the work of its eighth
session, 23 April to 4 July 1956
-
The Commission examined replies from twenty-five governments
and from the International Commission for the Northwest
Atlantic Fisheries, together with a new report from the
Special Rapporteur. After careful study of these
replies, it drew up a final report in which it incorporated
some of the points made, and grouped together all the
rules it adopted concerning the high seas, the territorial
sea, the continental shelf, the contiguous zone and the
conservation of the living resources of the sea. All the
draft provisions were recast so as to constitute a single
coordinated and systematic body of rules. A comprehensive
set
of seventy-three draft articles with commentaries
was adopted and submitted to the General Assembly with
the recommendation that the Assembly convene an international
conference of plenipotentiaries.
- Discussion in plenary: 333rd
(F),
334th
(F),
335th
(F),
336th
(F),
337th
(F),
338th
(F),
339th
(F),
340th
(F),
341st
(F),
342nd
(F),
343rd
(F),
344th
(F),
345th
(F),
346th
(F),
347th (F),
348th
(F),
349th
(F),
350th (F),
351st
(F),
352nd
(F),
353rd
(F),
354th
(F),
355th
(F),
356th (F),
357th
(F),
358th
(F),
359th
(F),
360th
(F)
and 361st
(F)
mtgs (25 April to 6 June 1956), 364th
(F)
mtg (11 June 1956), 375th
(F),
376th
(F),
377th
(F)
and 378th
(F)
mtgs (26 to 29 June 1956), and 381st
(F)
mtg (4 July 1956)
|
-
ILC Report, A/3159
(F)
(A/11/9), 1956, chp. II, paras.7-33
- Ybk,
1956, vII
(F)
- Ybk,
1956, vI (F)
|
| I.
General Assembly Action |
|
Res.
798 (VIII) of 7 December 1953 (E,
F,
S,
R,
C)
-
The Assembly decided not to deal with any aspect of the
régime of the high seas or of the régime
of territorial waters until all the problems involved
had been studied by the International Law Commission and
reported upon by it to the General Assembly.
|
|
Res.
899 (IX) of 14 December 1954 (E,
F,
S,
R,
C,
A)
-
The Assembly requested the Commission to devote the necessary
time to the study of all the aspects of the topic (law
of the sea) in order to complete its work and submit its
report in time for the General Assembly to consider them
as a whole, in accordance with resolution 798 (VIII),
at its eleventh
session in 1956.
|
|
| J.
Final Outcome |
|
|
|
|
-
Recommended the summoning of an international conference
of plenipotentiaries to examine the law of the sea, taking
account not only of the legal but also of the technical,
biological, economic and political aspects of the problem,
and to embody the results of its work in one or more international
conventions or such other instruments as it may deem appropriate.
|
-
ILC Report, A/3159
(F)
(A/11/9), 1956, chp. II(I)(c), par.28
- Ybk,
1956, vII (F) |
|
|
|
Res.1105
(XI) of 21 February 1957 (E,
F,
S,
R,
C,
A)
-
Decided to convoke an international conference of plenipotentiaries
to examine the law of the sea, taking account not only
of the legal but also of the technical, biological,
economic and political aspects of the problem, and to
embody the results in one or more international conventions.
It also recommended that the conference study the question
of land-locked countries, as established by international
practice of treaties.1
|
|
(back)
1. The United Nations Conference on the Law of the Sea
met at Geneva from 24 February to 27 April 1958, resulting in
the adoption of four separate conventions: the Convention
on the Territorial Sea and the Contiguous Zone (United Nations,
Treaty Series, vol.516, p. 205); the Convention
on the High Seas (United Nations, Treaty Series, vol.
450, p. 11); the Convention
on Fishing and Conservation of the Living Resources of the High
Seas (United Nations, Treaty Series, vol. 559, p. 285);
and the Convention
on the Continental Shelf (United Nations, Treaty Series,
vol.499, p311). These have been superseded by the 1982
United Nations Convention on the Law of the Sea (courtesy
of the Oceans and Law of the Sea web
site).
|
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Analytical Guide > Law
of the Sea: Régime of the High Seas
