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Analytical Guide


Juridical Regime of Historic Waters, including Historic Bays

last update: 30 June 2005
A. Mandate
    G.A. Res. 1453 (XIV) of 7 December 1959 (E, F, S, R, C, A)
B. Studies undertaken by the Secretariat and Reports of the Secretary-General
    1. 12th session of the International Law Commission (1960) 
      - Note by the Secretariat
- U.N. Doc. A/CN.4/126 (F) (in Ybk, 1960, vII (F))
     2. 14th session of the International Law Commission (1962)
        - Study prepared by the Secretariat
- U.N. Doc. A/CN.4/143 (F) (in Ybk, 1962, vII (F))
      - Working Paper prepared by the Secretariat entitled "Future work in the field of the codification and progressive development of international law"
- U.N. Doc. A/CN.4/145 (F) (in Ybk, 1962, vII (F)), para. 11(c).
3. 19th session of the International Law Commission (1967)
      - Working Paper prepared by the Secretariat
- U.N. Doc. A/CN.4/L.119 (F) (in, Ybk, 1967, vII (F))
4. 20th session of the International Law Commission (1968)
      - Working Paper prepared by the Secretariat
- U.N. Doc. A/CN.4/L.128 (F) (in, Ybk, 1968, vII (F) annex, paras. 5(6), 8, 13 and 13(1))

5. 22nd session of the International Law Commission (1970)

 
      - Working Paper prepared by the Secretariat
- U.N. Doc. A/CN.4/230 (F) (in, Ybk, 1970, vII (F)

6. 23rd session of the International Law Commission (1971)

 
      - Working Paper prepared by the Secretariat ("Survey of international law")
- U.N. Doc. A/CN.4/245 (F) (in, Ybk, 1971, vII(2) (F)
   
C. Reports of the Working Group or Sub-Committee

6. 31st session of the International Law Commission (1979)

 
      - Report of the Working Group on review of the multilateral treaty-making process
- U.N. Doc. A/CN.4/325 (F) (in, Ybk, 1979, vII(2) (F)
D. Reports of the Special Rapporteur
    None
E. Reports of the Drafting Committee
    None
F. Comments by Governments
    None
G. Other
    1. 13th session of the International Law Commission (1961) 

      - Discussion on the juridical regime of historic waters in the context of the consideration of thePlanning of future work of the Commission: 614th (F) (20 June 1961) mtg, par.62

- Ybk, 1961, vI (F)
    2. 23rd session of the International Law Commission (1971) 

      - Discussion on the juridical regime of historic waters in the context of the topic "Review of the Commission's long-term programme of work": 1142nd (F) and 1143rd (F) (22 July 1971) mtgs

- Ybk, 1971, vI (F)
   
H. Reports of the International Law Commission
    1. Report of the International Law Commission on the work of its twelfth session, 25 April to 1 July 1960  
      - The Commission requested the Secretariat to undertake a study of the juridical regime of historic waters, including historic bays, and to extend the scope of the preliminary study outlined in paragraph 8 of the memorandum on historic bays prepared by the Secretariat (U.N. Doc. A/CONF.13/1) in connexion with the first United Nations Conference on the Law of the Sea. Apart from this, the Commission deferred further consideration of the subject to a future session.1
      - Discussion in Plenary: 544th (F) mtg (20 May 1960)
- ILC Report, A/4425 (F) (A/15/9), 1960, chp. IV(II), par.40 
- Ybk, 1960, vII
(F)
 
 
 


- Ybk, 1960, vI
(F)
 

    2. Report of the International Law Commission on the work of its fourteenth session, 24 April to 29 June 1962  
      - At its twelfth session, in 1960, the Commission had, in pursuance of General Assembly resolution 1453 (XIV) of 7 December 1959, requested the Secretariat
      to undertake a study of the juridical regime of historic waters and to extend the scope of the preliminary study outlined in paragraph 8 of the memorandum on historic bays, prepared by the Secretariat in connexion with the first United Nations Conference on the Law of the Sea. The study (A/CN.4/143) was submitted to the present session, but as the question was not on the agenda, it was not considered by the Commission.
      - Discussion in Plenary: 629th (F), 630th (F), 631st (F), 633rd (F), 634th (F) and 668th (F) mtgs (25 to 27 April, 1 and 2 May and 26 June 1962)
- ILC Report, A/5209 (F) (A/17/9), 1962, chp. I(III), par.10 and chp. III(II), par. 60, chp. IV, par.63
- Ybk, 1962, vII
(F)
 
 
 




- Ybk, 1962, vI
(F)
 

    3. Report of the International Law Commission on the work of its nineteenth session, 8 May to 14 July 1967
      - A majority of members doubted whether the time had come to proceed actively with the topic
      - Discussion in plenary: 928th (F), 929th (F) (23 and 27 June 1967) and 939th (F) mtgs (13 July 1967)
- ILC Report, A/6709/Rev.1 and Corr.1 (F) (A/22/9), 1967, chp. III.A.4, par.45 
- Ybk, 1967, vII
(F)
- Ybk, 1967, vI (F)


 

    4. Report of the International Law Commission on the work of its twentieth session, 27 May to 2 August 1968
      - Reiterated decision not to proceed with topic
      - Discussion in plenary: 977th (F), 979th (F) mtgs (17 and 22 July 1968)
- ILC Report, A/7209/Rev.1 (F) (A/23/9), 1968, chp. V.A, par.100
- Ybk, 1968, vII
(F)
- Ybk, 1968, vI (F)


 

    5. Report of the International Law Commission on the work of its twenty-ninth session, 3 May to 29 July 1977 
      - Concluded that the topic did not appear at that time to require active consideration by the Commission in the near future, but that the referral to the Commission of the topic entitled "Juridical regime of historic waters, including historic bays" may be considered in the light of the outcome of the Third United Nations Conference on the Law of the Sea.
- ILC Report, A/32/10 (F), 1977, chp. V.E (b), par.109
- Ybk, 1977, vII
(F)
I. General Assembly Action
     None
J. Final Outcome
    None
 

 



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