A.
Mandate
In submitting
its final draft on diplomatic intercourse and immunities
to the General Assembly at its thirteenth
session, in 1958, the Commission stated that, although
the draft dealt only with permanent diplomatic missions,
diplomatic relations also assumed other forms that might
be placed under the heading of "ad hoc diplomacy", covering
itinerant envoys, diplomatic conferences and special missions
sent to a State for limited purposes. In 1958, the Commission
considered that these forms of diplomacy should also be
studied.
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
|
|
|
-
Working Paper prepared by the Secretariat
|
-
U.N. Doc.
A/CN.4/147 (F)
(in Ybk,
1962, vII (F)) |
|
|
|
-
Working Paper prepared by the Secretariat
|
-
U.N. Doc. A/CN.4/155
(F)
(in Ybk,
1963, vII
(F)) |
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. First
report on the topic covering the question of, special missions;
itinerant envoys, congresses and conferences, the place
and form of the draft articles, and including a set of proposed
draft articles.
-
Report of the Special Rapporteur, Mr. A. E. F.
Sandström (12th
session of the ILC (1960))
|
-
U.N. Doc.
A/CN.4/129 (F)
(in Ybk,
1960, vII
(F))
- ILC Report, A/4425
(F)
(A/15/9), 1960, chp. III(I), par.31 |
2. Discussions
on preliminary questions, special aspects of special missions,
etc. Includes draft articles 1-36.
-
First Report of the Special Rapporteur, Mr. Milan
Bartoš (16th session
of the ILC (1964))
|
- U.N.
Doc. A/CN.4/166
(F)
(in Ybk,
1964, vII (F))
- ILC
Report, A/5809
(F)
(A/19/9), 1964, chp. III(A), par.34
|
3. Draft
articles prepared at the Commission's 16th
session (arts. 1-16) and draft articles which were not
considered by the Commission at its 16th
Session (arts. 17-40).
-
Second Report of the Special Rapporteur, Mr. Milan
Bartoš (17th Session
of the ILC (1965))
|
-
U.N. Doc. A/CN.4.179
(F)
(in Ybk,
1965, vII (F))
- ILC Report, A/6009
(F)
(A/20/9), 1965, chp. III(A), par.41 |
4. Draft
articles 1-44. Includes discussion on the question whether
special rules of law should or should not be drafted for
so-called "high-level" special missions.
-
Third Report of the Special Rapporteur, Mr. Milan
Bartoš (18th Session
of the ILC (1966))
|
-
U.N. Doc. A/CN.4/189
and Add.1 and 2 (F)
(in Ybk,
1966, vII (F))
- ILC Report, A/6309/Rev.1
(F)
(A/21/9), 1966, chp. III(II), par.58 |
5. Should
the rules governing special missions cover the regulation
of the legal status of delegations and delegates to international
conferences and congresses? With respect to special missions,
should there or should there not be an additional protocol
to the Vienna Convention on Diplomatic Relations or a special
draft linked to that Convention by a reference clause? Relationship
with other international agreements. Body competent to adopt
the instruments relating to special missions. Possibility
of seeking historical continuity. Are there any rules of
positive public international law concerning special missions?
Legal status of the articles relating to special missions.
Controversies concerning the concept of special missions.
Some special aspects of special missions.
-
Fourth Report of the Special Rapporteur, Mr. Milan
Bartoš (19th Session
of the ILC (1967))
|
-
U.N. Doc. A/CN.4/194
and Add.1-5 (F)
(in Ybk,
1967,vII (F))
- ILC Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. III(A), par.32 |
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Articles 1 to 44 and text of preamble adopted by the Drafting
Committee
|
-
U.N. Doc. A/CN.4/L.120 and Add.1-10 (mimeograph) |
-
Draft articles 1 to 15 adopted by the Drafting Committee
on second reading
|
-
U.N. Doc. A/CN.4/L.122 and Add.1 and 2 (mimeograph) |
-
Articles 1 to 11 adopted by the Drafting Committee on
third reading
|
-
U.N. Doc. A/CN.4/L.123 (mimeograph) |
-
Modifications proposed by the Drafting Committee to the
text of articles 6, 16, 27, 32 and 39 which had been referred
back to the Committee by the Commission
|
-
U.N. Doc. A/CN.4/L.125 and Add.1 (mimeograph) |
| F.
Comments by Governments |
|
|
|
|
-
Comments by Governments on the draft articles on special
missions adopted by the Commission in 1965
|
- U.N.
Doc. A/CN.4/188
and Add.1-4 (F)
(in ILC Report, A/6709/Rev.1,
(F),
1967, annex I)
- U.N. Doc. A/CN.4/193
and Add.1-5 (F)
(in ILC Report, A/6709/Rev.1,
(F),
1967, annex I)
- ILC Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. II(A), par.32
|
| G.
Other |
|
|
|
|
-
New alternative proposal submitted by the Special Rapporteur,
Mr. A. E. F. Sandström
|
-
U.N. Doc. A/CN.4/L.89
(F)
(in Ybk,
1960, vII (F))
- ILC Report, A/4425
(F)
(A/15/9), 1960, chp. III(I), par.31 |
-
Provisions proposed by Mr. Jiménez de Aréchaga
for insertion in the draft articles on diplomatic intercourse
and immunities prepared by the International Law Commission
at its tenth session
|
-
U.N. Doc. A/CN.4/L.87
(F)
(in Ybk,
1960, vII (F))
- ILC Report, A/4425
(F)
(A/15/9), 1960, chp. III(I), par.31 |
-
Memorandum by Mr. Jiménez de Aréchaga in
explanation of his proposal concerning ad hoc diplomacy
|
-
U.N. Doc. A/CN.4/L.88
(F)
(in Ybk,
1960, vII (F))
- ILC Report,
A/4425 (F)
(A/15/9), 1960, chp. III(I), par.31 |
|
|
|
-
Article 23 bis: proposal by Mr. Jiménez
de Aréchaga
|
-
U.N. Doc. A/CN.4/L.121 (mimeograph) |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its tenth
session, 28 April to 4 July 1958
-
The Commission considered that the question of ad hoc
diplomacy should be studied, in order to bring out the
rules of law governing them, and requested the Special
Rapporteur for the topic Diplomatic Intercourse and
Immunities, Mr. A.E.F. Sandström, to make a study
of the question and to submit his report at a future session.
|
-
ILC Report, A/3859
(F)
(A/13/9), 1958, chp. III(I), par.51
- Ybk,
1958, vII (F) |
2. Report
of the International Law Commission on the work of its eleventh
session, 20 April to 26 June 1959
-
The Special Rapporteur, Mr. A. E. F. Sandström
announced his intention of submitting his report on this
subject to the Commission prior to the next session, so
that the Commission would be in a position to take up
this subject at that session, if this were desirable.
The Commission noted, however, that the desirability of
considering the topic at its next session could be affected
by the General Assembly's decision at its fourteenth session
to be taken with regard to the Draft Articles on Diplomatic
Intercourse and Immunities.
|
-
ILC Report, A/4169
(F) (A/14/9), 1959, chp. IV(I), par.44
- Ybk,
1959, vII (F) |
3. Report
of the International Law Commission on the work of its twelfth
session, 25 April to 1 July 1960
-
On the basis of the report of the Special Rapporteur,
the Commission adopted a set of draft articles on special
missions, together with a commentary. However, due to
the relatively small amount of time allotted to its consideration
of the topic, the Commission cautioned that the draft
articles should be regarded as constituting only a preliminary
survey which it carried out mainly in order to put forward
certain ideas and suggestions which could be taken into
account at the forthcoming Vienna Conference on Diplomatic
Immunities.
- Discussion in plenary: 565th
(F)
and 567th
(F)
mtgs (17 and 21 June 1960), 569th
(F)
mtg (22 June 1960), 576th
(F)
and 577th
(F)
mtgs (29 and 30 June 1960)
|
-
ILC Report, A/4425
(F)
(A/15/9), 1960, chp. III, paras.29-38
- Ybk,
1960, vII (F)
- Ybk,
1960, vI (F)
|
4. Report
of the International Law Commission on the work of its fourteenth
session, 24 April to 29 June 1962
-
The Commission decided to place the question of special
missions on the agenda of its next session.
- Discussion in plenary: 669th
(F)
mtg (27 June 1962)
|
-
ILC Report, A/5209
(F)
(A/17/9), 1962, chp. IV(V), par.76
- Ybk,
1962, vII (F)
-
Ybk,
1962, vI (F)
|
5. Report
of the International Law Commission on the work of its fifteenth
session, 6 May to 12 July 1963
-
Following the codification of the rules regarding permanent
missions in the 1961 Vienna Convention on Diplomatic Relations,
the Commission expressed the belief that it should now
draw up the rules applicable to special missions to supplement
the codification of the law relating to diplomatic relations
among States. It discussed further the scope of the topic
and the approach to its codification. It appointed Mr.
Milan Bartoš as Special Rapporteur for the topic.
- Discussion in plenary: 711th
(F)
nd 712th
(F)
mtgs (1 and 2 July 1963)
|
-
ILC Report, A/5509
(F)
(A/18/9), 1963, chp. IV(C), paras.62-65
- Ybk,
1963, vII (F)
- Ybk,
1963, vI (F)
|
6. Report
of the International Law Commission on the work of its sixteenth
session, 11 May to 24 July 1964
|
-
ILC Report, A/5809
(F)
(A/19/9), 1964, chp. III, paras. 25-35
- Ybk,
1964, vII (F)
-Ybk,
1964, vI (F)
|
7. Report
of the International Law Commission on the work of its seventeenth
session, 3 May to 9 July 1965
|
-
ILC Report, A/6009
(F)
(A/20/9), 1965, chp. III, paras. 30-50
- Ybk,
1965, vII (F)
-Ybk,
1965, vI (F)
|
8. Reports
of the International Law Commission on the second part of
its seventeenth session
3 to 28 January 1966 and on its eighteenth
session 4 May to 19 July 1966
-
Examined certain questions of a general nature affecting
special missions but did not have time to consider the
comments of Governments on the draft articles. The Commission
further requested that State Members continue to submit
their comments until 1 March 1967.
- Discussion in Plenary: 845th
(F)
mtg (5 May 1966);
877th (F)
and 878th
(F)
mtgs (24 and 27 June 1966); 881st
(F),
882nd
(F)
and 883rd
(F)
mtgs (30 June to 4 July 1966)
|
-
ILC Report, A/6309/Rev.1
(F)
(A/21/9), 1966, part II, chp. III, paras. 39-71
- Ybk,
1966, vII (F)
-Ybk,
1966, vI(2) (F)
|
9. Report
of the International Law Commission on the work of its nineteenth
session, 8 May to 14 July 1967
-
Adopted the draft
articles on special missions with commentaries. Recommended
to the General Assembly that appropriate measures be taken
for the conclusion of a convention on special missions.
- Discussion in Plenary:
897th (F),
898th
(F),
899th
(F),
900th
(F),
901st
(F),
902nd (F),
903rd
(F),
904th (F),
905th
(F),
906th
(F),
907th
(F),
908th
(F),
909th
(F),
and 910th
(F)
mtgs (10 to 30 May 1967),
912th (F),
913th
(F),
914th
(F),
915th
(F),
916th (F),
917th
(F),
918th (F),
919th
(F),
920th
(F),
921st
(F),
922nd
(F),
923rd (F),
924th
(F),
925th (F),
926th
(F)
and 927th
(F)
mtgs (1 to 22 June 1967), 929th
(F),
930th (F),
931st
(F),
932nd (F),
933rd
(F),
934th
(F),
935th
(F),
936th (F),
937th
(F),
938th (F),
939th
(F),
940th
(F)
and
941st (F)
mtgs (27 June to 14 July 1967)
|
-
ILC Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. II, paras. 9-35
- Ybk,
1967, vII (F)
-Ybk,
1967, vI (F)
|
| I.
General Assembly Action |
|
Res.1504
(XV) of 12 December 1960 (E,
F,
S,
R,
C,
A)
-
Decided to refer the draft articles adopted by the Commission
in 1960 on special missions to the United Nations Conference
of Diplomatic Intercourse and Immunities, held at Vienna
in 1961, so that they may be considered together with
the draft articles on diplomatic intercourse and immunities
adopted by the Commission at its tenth
session.1
|
|
Res.
1687 (XVI) of 18 December 1961 (E,
F,
S,
R,
C,
A)
-
Requested the Commission to study further the subject
of special missions and to report thereon to the Assembly.
|
|
Res.
2167 (XXI) of 5 December 1966 (E,
F,
S,
R,
C,
A)
-
The General Assembly requested the Commission to continue
its work relating to special missions and to present a
final draft on the topic in its next report.
|
|
| J.
Final Outcome |
|
|
|
|
|
|
-
ILC Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. II(B), par. 33
- Ybk,
1967, vII (F) |
|
|
|
Res.
2273 (XXII) of 1 December 1967 (E,
F,
S,
R,
C,
A)
-
The Assembly adopted the recommendation of the Sixth
Committee that the item be placed on the agenda of the
Assembly's twenty-third
session, and invited Member States to submit comments
and observations on the draft articles.
|
|
Res.
2530 (XXIV) of 8 December 1969 (E,
F,
S,
R,
C,
A)
|
|
Res.
2531(XXIV) of 8 December 1969 (E,
F,
S,
R,
C,
A)
-
Recommended that "the sending State should waive the
immunity of members of its special mission in respect
of civil claims of persons in the receiving State, when
it can do so without impeding the performance of the
functions of the special mission, and that, when immunity
is not waived, the sending State should use its best
endeavours to bring about a just settlement of the claims".
|
|
Res.
3233 (XXIX) of 12 November 1974 (E,
F,
S,
R,
C,
A)
|
|
| |
|
(back)
1. After considering the draft articles, the Vienna Conference
adopted a resolution recommending to the General Assembly that
it refer the topic back to the International Law Commission for
further study.
|
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