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Analytical Guide
Summary


Shared natural resources (Oil and Gas)
(see too: Law of transboundary aquifers)

last update: 21 April 2009

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)
    - Initially considered as part of the Commission's work on the issue of transboundary aquifers
B. Studies undertaken by the Secretariat and Reports of the Secretary-General

None

 
C. Reports of the Working Group or Sub-Committee 

None
 

 
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. 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
    3. 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)
- ILC Report, A/63/10, 2008, chp. IV, para. 37
E. Reports of the Drafting Committee 
    None 
F. Comments by Governments 
    1. 61st session of the International Law Commission (2009)
      - Comments and observations received from Governments
- U.N. Doc. A/CN.4/607 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
G. Other 
    1. 61st session of the International Law Commission (2009)  
      - Paper on oil and gas, prepared by Mr. Chusei Yamada, Special Rapporteur on Shared Natural Resources
- U.N. Doc. A/CN.4/608 (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 Special Rapporteur proposed to cover confined transboundary groundwaters, oil and gas and to begin with confined transboundary groundwaters.
      - 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. Various references to oil and gas made during the discussion in the plenary.
      - 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
      - The Commission had before it the third report of the Special Rapporteur. arious references to oil and gas made during the discussion in the plenary.
      - 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 adopted on first reading draft articles on the law of transboundary aquifers consisting of 19 draft articles, with commentaries thereto. Several references to oil and gas were made in the commentaries.
- 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
      - The Commission considered the relationship between the work on groundwaters and that on oil and gas. 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

 

    7. Report of the International Law Commission on the work of its Sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
      - The Commission adopted a preamble and an entire set of 19 draft articles on the law of transboundary aquifers, on second reading, together with commentaries. Several references to oil and gas were made in the commentaries.
      - Discussion in plenary: 2956th (F), 2957th (F), 2958th (F) and 2959th (F) mtgs, held on 6, 7 and 8 May 2008, respectively, 2970th (F), 2971st (F) mtgs, held on 3 and 4 June 2008, and 2989th (F), 2990th (F) and 2991st (F) mtgs, held on 4 and 5 August 2008.
- ILC Report, A/63/10, 2008, chp. IV, paras. 34-54

 

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 (E, F, S, R, C, A)
      - 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.

 

    Res. 63/123 of 11 December 2008 (E, F, S, R, C, A)
      - Expressed its appreciation to the International Law Commission for the work accomplished at its sixtieth session, in particular for ... the completion of the second reading of the draft articles on the law of transboundary aquifers under the topic “Shared natural resources”.

 

   
J. Final Outcome 
    Work in progress
 

 

 

 

 

 

 

 

 

 



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