|
A.
Mandate
- 2000
recommendation of the Working-Group on the long-term programme
of work
- 2002 decision to include the topic in its programme of
work
- G.A. Res.55/152 of 12 December 2000 (E,
F,
S,
R,
C,
A),
56/82 of 12 December 2001
(E,
F,
S,
R,
C,
A)
and
Res. 57/21 of 19 November 2002 (E,
F,
S,
R,
C,
A)
|
| B.
Studies undertaken by the Secretariat and Reports of
the Secretary-General |
|
None
|
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
-
Report of the Working Group on Shared Natural Resources
(Groundwaters)
|
-
U.N. Doc. A/CN.4/L.681
(F,
S,
R,
C,
A) |
|
|
|
-
Report of the Working Group on Shared Natural Resources
(Groundwaters)
|
-
U.N. Doc. A/CN.4/L.683
(F,
S,
R,
C,
A) |
|
|
|
-
Report of the Working Group on Shared Natural Resources
|
-
U.N. Doc. A/CN.4/L.717
(F,
S,
R,
C,
A) |
| D.
Reports of the Special Rapporteur |
|
1.
Preliminary report laying out the background to the
topic with a view to seeking guidance from the Commission
on the course of the future study, and to provide
a tentative timetable for the endeavour.
-
First report of the Special Rapporteur, Chusei
Yamada (55th
session of the ILC (2003))
|
-
U.N. Doc. A/CN.4/533
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/58/10,
2003, chp. IX, paras. 374-406 |
2.
Detailing the general framework for the topic and
covering the scope of a possible convention, use of
terms (definitions), principles governing uses of
aquifer systems, the obligation not to cause harm,
the general obligation to cooperate, regular exchange
of data and information and different kinds of uses,
together with several aquifer models and selected
case studies.
-
Second report of the Special Rapporteur,
Chusei Yamada (56th
session of the ILC (2004))
|
-
U.N. Doc. A/CN.4/539
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/59/10,
2004, chp. VI, paras. 82-157 |
3.
Containing a complete set of 25 draft articles of
a draft convention on the law of transboundary aquifers,
together with an addendum setting out provisions of
legal instruments relevant to some of the draft articles
proposed by the Special Rapporteur.
-
Third report of the Special Rapporteur, Chusei
Yamada (57th
session of the ILC (2005))
|
-
U.N. Doc. A/CN.4/551
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/60/10,
2005, chp. IV, paras. 34-107 |
4.
Initial consideration of oil and natural gas, together
with a discussion of the relationship between the
work on groundwaters and that on oil and gas.
-
Fourth report of the Special Rapporteur,
Chusei Yamada (59th
session of the ILC (2007))
|
-
U.N. Doc. A/CN.4/580
(F,
S,
R,
C,
A)
- ILC Report, A/62/10,
2007, chp. V, paras. 160-177
|
5.
Relationship between the work on transboundary aquifers
and that on oil and natural gas, final form of the
draft articles and revised draft articles for the
second reading
-
Fifth report of the Special Rapporteur, Chusei
Yamada (60th
session of the ILC (2008))
|
-
U.N. Doc. A/CN.4/591
(F,
S,
R,
C,
A)
|
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Titles and texts of the draft articles adopted
by the Drafting Committee on first reading
- Statement
of the Chairman of the Drafting Committee
|
-
U.N. Doc. A/CN.4/L.688
(F,
S,
R,
C,
A)
and Corr.1 (French
only) and 2 (Spanish
only) |
|
|
|
-
Title and texts of the preamble and draft articles
1 to 19 on the law of transboundary aquifers,
adopted by the Drafting Committee on second reading
|
-
U.N. Doc. A/CN.4/L.724
(F,
S,
R,
C,
A) |
| F.
Comments by Governments |
|
1.
57th
session of the International Law Commission (2005)
-
Comments and observations received from Governments
and relevant intergovernmental organizations
|
-
U.N. Doc. A/CN.4/555
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
|
2.
60th
session of the International Law Commission (2008)
-
Comments and observations by Governments on the
draft articles on the law of transboundary aquifers
|
-
U.N. Doc. A/CN.4/595
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
|
| G.
Other |
|
1.
60th
session of the International Law Commission (2008)
-
Note on a preamble, by the Special Rapporteur
|
-
U.N. Doc. A/CN.4/L.722
(F,
S,
R,
C,
A) |
| H.
Reports of the International Law Commission |
|
1.
Report of the International Law Commission on the
work of its Fifty-fourth
session, 29 April to 7 June and 22 July to 16 August
2002
-
Decided to include the topic in its programme of
work and appointed Mr. Chusei Yamada as Special
Rapporteur.
- Discussion in Plenary: 2727th mtg (30 May
2002)
|
-
ILC Report, A/57/10,
2002, chp. II, par.20
|
2.
Report of the International Law Commission on the
work of its Fifty-fifth
session, 5 May to 6 June and 7 July to 8 August 2003
-
The Commission considered the first report of the
Special Rapporteur. It also had an informal briefing
by experts on groundwaters from the Food and Agriculture
Organization and the International Association of
Hydrogeologists (IAH) on 30 July 2003. Their presence
was arranged by the United Nations Educational,
Scientific and Cultural Organization.
- Discussion in plenary: 2778th and 2779th
mtgs (22 and 23 July 2003)
|
-
ILC Report, A/58/10,
2003, chp. IX, paras. 369-406 |
3.
Report of the International Law Commission on the
work of its Fifty-sixth
session, 3 May to 4 June and 5 July to 6 August 2004
-The
Commission had before it the second report of the
Special Rapporteur. At its 2797th meeting, the Commission
established an open-ended Working Group on Transboundary
Groundwaters, chaired by the Special Rapporteur.
The Working Group
held three meetings. The Commission also had two
informal briefings by experts on groundwaters from
the Economic Commission for Europe (ECE), the United
Nations Educational, Scientific and Cultural Organization
(UNESCO), the Food and Agriculture Organization
(FAO) and the International Association of Hydrogeologists
(IAH) on 24 and 25 May 2004. Their presence was
arranged by UNESCO. At the request of the Special
Rapporteur, the Commission, at its 2828th meeting,
on 4 August 2004, agreed that a questionnaire, prepared
by the Special Rapporteur, be circulated to Governments
and relevant intergovernmental organizations asking
for their views and information regarding groundwaters.
- Discussion in plenary: 2797th, 2798th and
2799th mtgs (12, 13 and 14 May 2004)
|
-
ILC Report, A/59/10,
2004, chp. VI, paras. 73-157
|
4.
Report of the International Law Commission on the
work of its Fifty-seventh
session, 2 May to 3 June and 11 July to 5 August 2005
-At
the present session, the Commission had before it
the third report of the
Special Rapporteur. The Commission also had an informal
technical presentation on the Guarani Aquifer System
Project on 4 May 2005. The Commission established
a Working Group, chaired by Mr. Enrique Candioti.
The Working Group held 11 meetings. The Commission
took note of the report of the Working Group. It
expressed its appreciation that the Working Group
had made substantial progress in its work by reviewing
and revising eight draft articles. The Commission
took note of the proposal of the Working Group that
the Commission consider reconvening it at the 2006
session in order that it may complete its work
- Discussion in plenary: 2381st, 2832nd,
2833rd, 2834th, 2835th, 2836th (2 to 11 May 2005)
and 2863rd (3 August 2005) mtgs
|
-
ILC Report, A/60/10,
2005, chp. IV, paras. 30-107
|
5.
Report of the International Law Commission on the
work of its Fifty-eighth
session, 1 May to 9 June and 3 July to 11 August 2006
-
The Commission decided to reconvene the Working
Group on Shared Natural Resources, chaired by Mr.
Enrique Candioti. The Working Group completed the
review and revision of the draft articles submitted
by the Special Rapporteur in his Third report. The
Commission subsequently considered the report of
the Working Group; and decided to refer the 19 draft
articles to the Drafting Committee. The Commission
considered the report of the Drafting Committee
and adopted on first reading draft articles on the
law of transboundary aquifers consisting of 19 draft
articles, with commentaries thereto.
- The Commission decided, in accordance with articles
16 to 21 of its Statute, 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 2008.
- Discussion in plenary: 2868th (F) mtg,
held on 2 May 2006, 2878th (F), 2879th (F) mtgs,
held on 18 and 19 May 2006, 2885th (F) mtg, held
on 9 June 2006, 2903rd (F), 2905th (F) and 2906th
(F) mtgs, held on 2, 3 and 4 August 2006.
|
-
ILC Report, A/61/10,
2006, chp. VI, paras. 68-76
|
6.
Report of the International Law Commission on the
work of its Fifty-ninth
session, 7 May to 5 June and 9 July to 10 August 2007
-
The Commission had before it the fourth report of
the Special Rapporteur (A/CN.4/580), which was introduced
by the Special Rapporteur at the 2921st meeting,
on 18 May 2007. On the same day, the Special Rapporteur
gave an informal briefing intended particularly
for new members of the Commission on the draft articles
on the law of transboundary aquifers.
- At its 2920th meeting, on 16 May 2007, the Commission
established a Working Group on Shared natural resources,
under the chairmanship of Mr. Enrique Candioti,
to assist the Special Rapporteur in considering
a future work programme, taking into account the
views expressed in the Commission. At its 2947th
meeting, on 3 August 2007, the Commission took note
of the report of the Working Group. The Secretariat
was also requested to circulate to Governments the
questionnaire seeking information on State practice
regarding oil and gas.
- Discussion in plenary: 2920th (F) and 2921st
(F) mtgs, held on 16 and 18 May 2007, 2930th (F),
2931st (F) mtgs, held on 4 and 5 June 2007, and
2947th (F) mtg, held on 3 August 2007.
|
-
ILC Report, A/62/10,
2007, chp. V, paras. 155-183
|
| I.
General Assembly Action |
|
Res.
57/21 of 19 November 2002 (E,
F,
S,
R,
C,
A)
-
Took note of the Commission's decision to include
the topic in its programme of work.
|
|
Res.
58/77 of 9 December 2003 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the
International Law Commission regarding national
legislation, bilateral and other agreements and
arrangements with regard to the use and management
of transboundary groundwaters, in particular those
governing quality and quantity of such waters, relevant
to the topic currently entitled Shared natural
resources.
|
|
Res.
59/41 of 2 December 2004 (E,
F,
S,
R,
C,
A)
-
Drew the attention of Governments to the importance
for the International Law Commission of having their
views on the various aspects involved in the topic,
in particular on: their practice, bilateral or regional,
relating to the allocation of groundwaters from
transboundary aquifer systems and the management
of non-renewable transboundary aquifer systems relating
to the topic entitled Shared natural resources.
|
|
Res.
60/22 of 23 November 2005 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the
International Law Commission on the topic.
|
|
Res.
61/34 of 4 December 2006 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the International
Law Commission for the
work accomplished at its fifty-eighth session, inter
alia, for the completion of the first reading of
the draft articles on the law of transboundary aquifers
under the topic Shared natural resources.
|
|
Res.
62/66 of 6 December 2007
-
Invited Governments to provide information to the
International Law Commission on the topic.
- Drew the attention of Governments to the importance
for the International Law Commission of having their
comments and observations be 1 January 2008 on the
draft articles and commentaries on the law of transboundary
aquifers adopted on first reading by the Commission
at its fifty-eighth session.
|
|
| J.
Final Outcome |
|
Work
in progress
|
|
|
|
|
|
|
|
|