A.
Mandate
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 |
|
|
|
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. First
report of the Special Rapporteur containing a "Draft
Regulation" consisting of twenty-three articles, with commentaries.
Main divisions of the draft regulation were: general questions;
the extent of territorial seas; and the right of passage.
-
Report of the Special Rapporteur, Mr. J.P.A. François
(4th session of
the ILC (1952))
|
-
U.N. Doc. A/CN.4/53
(F)
(in Ybk,
1952, vII)
- ILC Report, A/2163
(A/7/9), 1952, chp. IV, paras.36-39 |
2. Set
of revised draft articles with commentaries taking into
account the comments of the Commission made during its fourth
session, together with an addendum containing amendments
and additions to the second report based on the comments
prepared by a group of technical experts that met at the
Hague from 14 to 16 April 1953.
-
Second report of the Special Rapporteur, Mr. J.P.A.
François (5th
session of the ILC (1953))
|
-
U.N. Doc. A/CN.4/61
and Add.1 (F)
(in Ybk,
1953, vII)
- ILC Report, A/2456
(A/8/9), 1953, chp. I(III), par.7 |
3. A
further revised draft regulation submitted by the Special
Rapporteur including changes made in the light of the
observations of a group of technical experts that met at
the Hague from 14 to 16 April 1953.
-
Third report of the Special Rapporteur, Mr. J.P.A.
François (6th
session of the ILC (1954))
|
-
U.N. Doc. A/CN.4/77
(F)
(in Ybk,
1954, vII)
- ILC Report, A/2693
(A/9/9), 1954, chp. IV(I), par.66 |
4. Amendments
proposed by the Special Rapporteur on the basis of
observations received from Governments on the draft articles
adopted by the Commission at its sixth
session.
-
Report of the Special Rapporteur, Mr. J.P.A. François
(7th session of
the ILC (1955))
|
-
U.N. Doc. A/CN.4/93
(F)
(in Ybk,
1955, vII) |
5. 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.2 (F)
(in Ybk,
1956, vII (F))
- ILC Report, A/3159
(A/11/96), 1956, chp. II(I)(b), par.21 |
| E.
Reports of the Drafting Committee |
|
|
|
|
| F.
Comments by Governments |
|
1. 5th
session of the International Law Commission (1953)
|
|
-
Information and observations submitted by Governments
regarding the question of the delimitation of the territorial
sea of two adjacent States
|
-
U.N. Doc. A/CN.4/71
and Add.1-2 (in Ybk,
1953, vII)
- ILC Report, A/2456
(A/8/9), 1953, chp. I(III), par.7 |
2. 7th
session of the International Law Commission (1955)
|
|
-
Comments by Governments on the provisional articles concerning
the régime of the territorial sea adopted by the
International Law Commission at its Sixth
session in 1954
|
-
U.N. Doc. A/CN.4/90
and Adds. 1-6 (in ILC Report, A/2934
(A/10/9), 1955, annex)
- ILC Report, A/2934
(A/10/9), 1955, chp. III(I), paras.21-22 |
3. 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,
), (F),
(A/11/96), 1956, chp. II(I)(b), par.21 |
| G.
Other |
|
|
|
|
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its second
session, 5 June to 29 July 1950
-
Decision to include the topic in its list of priorities
further toGeneral Assembly resolution 374 (IV) of 6 December
1949 (E,
F,
S,
R,
C).
- Discussion in plenary: 71st
mtg (19 July 1950)
|
-
ILC Report, A/1316
(A/5/12), 1950, chp. II, par.18
- Ybk,
1950, vII
- Ybk,
1950, vI |
2. Report
of the International Law Commission on the work of its third
session, 16 May to 27 July 1951
-
Decision to initiate work on the topic "régime
of territorial waters" which it had previously selected
for codification, and pursuant to the recommendation of
the General Assembly in resolution 374 (IV) of 6 December
1949. Mr. François was appointed Special Rapporteur
for this topic.
|
-
ILC Report, A/1858
(A/6/9), 1951, chp. VIII, par.86
- Ybk,
1951, vII |
3. Report
of the International Law Commission on the work of its fourth
session, 4 June to 8 August 1952
-
The Commission held a discussion on the basis of the report
of the Special Rapporteur, which contained a "Draft
Regulation" consisting of twenty-three articles, together
with comments. It decided to use the term "territorial
sea" in lieu of "territorial waters". It considered the
questions of the juridical status of the territorial sea,
of its bed and subsoil, and of the air above it; the breadth
of the territorial sea; base line; and bays.
- Discussion in plenary: 164th,
165th,
166th,
167th,
168th, 169th,
170th,
171st
and
172nd mtgs (16 to 25 July 1952)
|
-
ILC Report, A/2163
(A/7/9), 1952, chp. IV, paras.35-40
- Ybk,
1952, vII
-
Ybk,
1952, vI |
4. Report
of the International Law Commission on the work of its fifth
session, 1 June to 14 August 1953
-
Consideration of the second report of the Special Rapporteur
and the information and observations received from Governments
was held over to the following session.
|
-
ILC Report, A/2456
(A/8/9), 1953, chp. I(III), par.7
- Ybk,
1953, vII |
5. Report
of the International Law Commission on the work of its sixth
session, 3 June to 28 July 1954
-
On the basis of the third report of the Special Rapporteur
the Commission prepared several draft articles, together
with commentaries, with a view to being submitted to Governments
for commentary. The Commission also discussed the question
of the breadth of the territorial sea, identifying nine
different suggestions, and requested the views of Governments
in this regard.
- Discussion in plenary: 252nd,
253rd,
254th,
255th,
256th,
257th, 258th,
259th,
260th,
261st,
262nd,
263rd,
264th
and
265th mtgs (22 June to 9 July 1954), 271st,
272nd
and 273rd
mtgs (19 to 21 July 1954),
277th, 278th,
279th,
280th
and
281st mtgs (26 to 28 July 1954)
|
-
ILC Report, A/2693
(A/9/9), 1954, chp. IV, paras.55-72
- Ybk,
1954, vII
- Ybk,
1954, vI
|
6. Report
of the International Law Commission on the work of its seventh
session, 2 May to 8 July 1955
-
The Commission amended the draft articles on the basis
of comments received from Governments, and attached commentaries
explaining the amendments in substance. It also examined
questions held over from its report of 1954 concerning
the breadth of the territorial sea, bays, groups of islands
and the delimitation of the territorial sea at the mouths
of rivers. The amended draft articles were submitted to
States for comment in anticipation of their projected
inclusion in the final report of the Commission at its
eighth session.
- Discussion in plenary:
295th mtg (20 May 1955), 299th
mtg (26 May 1955), 306th,
307th,
308th,
309th,
310th, 311th,
312th,
313th, 314th,
315th,
316th, 317th,
318th,
319th
and 320th
mtgs (7 to 27 June 1955), 324th
and 325th
mtgs (1 July 1955), and
328th and 329th
mtgs (6 and 7 July 1955)
|
-
ILC Report, A/2934
(A/10/9), 1955, chp. III, paras.19-24
- Ybk,
1955, vII
- Ybk,
1955, vI
|
7. 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,
together with a further 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)
and 335th
(F)
mtgs (25 to 27 April 1956), 361st
(F),
362nd
(F),
363rd (F),
364th (F),
365th
(F),
366th
(F),
367th
(F)
and 368th
(F)
mtgs (6 to 15 June 1956), and 379th
(F)
and
381st (F)
mtgs (2 and 4 July 1956)
|
-
ILC Report, (F),
A/3159
(A/11/96), 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/11/96), 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 the international
practice of treaties.1
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(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 Territorial Sea
