A.
Mandate
- G.A.
Res. 3501 (XXX) of 15 December 1975 (E,
F,
S,
R,
C,
A)
- G.A. Res. 31/76 of 13 December 1976 (E,
F,
S,
R,
C,
A)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
|
|
|
-
Note by the Secretariat
|
- U.N.
Doc. A/CN.4/300
(F)
(in Ybk,
1977 vII(1) (F)) |
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
-
Proposals on the elaboration of a protocol concerning
the status of the diplomatic courier and the diplomatic
bag not accompanied by diplomatic courier (para. 4 of
General Assembly resolution 31/76): Report of the Working
Group
|
- U.N.
Doc. A/CN.4/305
(F)
(mimeograph. Conclusions of the Working Group reprinted in,
ILC Report, A/32/10,
(F), 1977, chp. V(C), par.83) |
|
|
|
-
Report of the Working Group on Status of the diplomatic
courier and the diplomatic bag not accompanied by diplomatic
courier
|
- U.N.
Doc. A/CN.4/L.285 (F)
- ILC Report,
A/33/10,
(F), 1978, chp. VI, paras.138-144 |
|
|
|
-
Report of the Working Group on Status of the diplomatic
courier and the diplomatic bag not accompanied by diplomatic
courier (as amended)
|
- U.N.
Doc. A/CN.4/L.310
(F)
(in Ybk,
1979, vI, (F))
1580th mtg (31 July 1979)) - ILC Report, A/34/10,
(F),
1979, chp. VI, par. 149 et seq |
| D.
Reports of the Special Rapporteur |
|
1. The
preliminary report sought to elicit advice and guidance
from the Commission on topical issues of substance and method
with a view to preparing subsequent reports dealing with
draft articles.
-
Preliminary Report of the Special Rapporteur, Mr. Alexander
Yankov (32nd session of the ILC (1980))
|
- U.N.
Doc. A/CN.4/335
(F)
(in Ybk,
1980, vII(1) (F))
- ILC Report, A/35/10,
(F), 1980,
chp. VIII, par. 147 |
2. The
report contained the text of six proposed draft articles:
"general provisions": "scope of the present articles" (article
1); "couriers and bags not within the scope of the present
articles" (article 2);"use of terms" (article 3); "freedom
of communication for all official purposes effected through
diplomatic couriers and diplomatic bags" (article 4); "duty
to respect international law and the laws and regulations
of the receiving and the transit State" (article 5); and
"non-discrimination and reciprocity" (article 6). The report
also projected a comprehensive approach to the topic, discussed
the definition of some terms and considered the general
principles underlying some relevant multilateral conventions.
-
Second Report of the Special Rapporteur, Mr. Alexander
Yankov (33rd session of the ILC (1981))
|
- U.N.
Doc. A/CN.4/347
and Corr.1 and 2 and Add.1 and 2 (F)
(in Ybk,
1981, vII(1) (F))
- ILC Report, A/36/10,
(F), 1981,
chp. VII(B), paras. 230-232 |
3. The
third report contained a revised version of the six draft
articles proposed in the previous report, as well as eight
new draft articles to be included in Part II: "Proof of
status" (article 7); "Appointment of a diplomatic courier"
(article 8); "Appointment of the same personality by two
or more States as a diplomatic courier" (article 9); "Nationality
of the diplomatic courier" (article 10); "Functions of the
diplomatic courier" (article 11); "Commencement of the functions
of the diplomatic courier" (article 12); "End of the functions
of the diplomatic courier" (article 13); and "Persons declared
non grata or not acceptable" (article 14).
-
Third Report of the Special Rapporteur, Mr. Alexander
Yankov (34th session of the ILC (1982))
|
- U.N.
Doc. A/CN.4/359
and Corr.1- 4 and Add.1 (F)
(in
Ybk, 1982, vII(1) (F))
- ILC Report, A/37/10,
(F), 1982,
chp. VI(B), paras.206-249 |
4. Draft
articles (arts.15 - 42): Status of the diplomatic courier;
the diplomatic courier ad hoc; the captain of a commercial
aircraft or the master of a ship carrying a diplomatic bag.
-
Fourth report of the Special Rapporteur, Mr. Alexander
Yankov (35th session of the ILC (1983))
|
- U.N.
Doc. A/CN.4/374
and Corr.1 and Add.1 and Add.1/Corr.1, Add.2 and Add.2/Corr.1,
Add.3 and Add.3/Corr.1, and Add.4 and Add.4/Corr.1 and 2 (F)
- ILC Report, 1983, A/38/10,
(F), chp.
V(B), paras.142-189 |
5. Intended
as a linkage between what had been done so far and the work
that lay ahead. Its purpose was to set out the present status
of the draft articles and the stage that had been reached
in considering each one and to indicate the main points
which had arisen with regard to the draft articles during
the discussion in the Sixth Committee of the General Assembly.
Structure: introduction; present status of the draft articles;
discussion of the topic in the Sixth Committee at the thirty-eighth
session of the General Assembly; brief analytical survey
of State practice relevant to the draft articles submitted
to the Commission, consideration of the draft articles at
the thirty-sixth session of the Commission.
-
Fifth Report of the Special Rapporteur, Mr. Alexander
Yankov (36th session of the ILC (1984))
|
- U.N.
Doc. A/CN.4/382
(F)
(in Ybk,
1984, vII(1) (F))
- ILC Report, A/39/10,
(F), 1984,
chp. III(B), paras.75-186 |
6. Revised
texts of draft articles 23 (immunity from jurisdiction),
36 (inviolability of the diplomatic bag), 39 (protective
measures in circumstances preventing the delivery of the
diplomatic bag) and 42 (relation of the present articles
to other conventions and international agreements). Proposed
text of new draft article 37 (exemption from customs inspection,
customs duties and all dues and taxes) to replace former
37 and 38; and 43 (declaration of optional exceptions to
applicability in regard to designated types of courier and
bags). Draft articles 40 and 41 resubmitted in their original
form.
-
Sixth Report of the Special Rapporteur, Mr. Alexander
Yankov (37th session of the ILC (1985))
|
- U.N
Doc. A/CN.4/390
and Corr.1 (F)
(in Ybk,
1985, vII(1) (F))
- ILC Report, A/40/10,
(F), 1985,
chp. IV, paras.175-203 |
7. Revised
texts of and explorations concerning draft articles 36,
37, 41, 42 and 43, and text of and explanations concerning
new draft article 39 (Protective measures in case of force
majeure) - combining and replacing former draft articles
39 and 40.
-
Seventh Report of the Special Rapporteur, Mr. Alexander
Yankov (38th session of the ILC (1986))
|
- U.N.
Doc. A/CN.4/400
(F)
(in Ybk,
1986, vII(1) (F))
- ILC Report, A/41/10,
(F), 1986,
chp. III, paras.23-32 |
8. Analyzed
the written comments and observations received from Governments.
-
Eighth Report of the Special Rapporteur, Mr. Alexander
Yankov (40th session of the ILC (1988))
|
- U.N.
Doc. A/CN.4/417
and Corr.1 and 2 (F)
(in Ybk,
1988, vII(1) (F))
- ILC Report, A/43/10,
(F), 1988,
chp. V(B), paras.290-493 |
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Texts adopted by the Drafting Committee: articles 1 to
8
|
- U.N.
Doc. A/CN.4/L.365
and Add.1 (F)
(in Ybk,
1983, vI, (F)
1806th mtg (18 July 1983)) |
|
|
|
-
Texts adopted by the Drafting Committee: articles 10,
11, 13 to 17, 20, 21, 23 (paragraphs 2, 3 and 5), 24 and
25
|
- U.N.
Doc. A/CN.4/L.378
(F)
(in Ybk,
1984, vI, (F)
1862nd and 1864th mtgs (16 and 18 July 1984)) |
|
|
|
-
Text adopted by the Drafting Committee: articles 28 to
32, 34 and 35
|
- U.N.
Doc. A/CN.4/L.384
(F)
(in Ybk,
1985, vI, (F)
(in Ybk,
1985, vI, (F)
1911th to 1913th mtgs (26 to 28 June 1985)) |
-
Text adopted by the Drafting Committee: article 23
|
- U.N.
Doc. A/CN.4/L.396
(F)
(in Ybk,
1985, vI, (F)
(in Ybk,
1985, vI, (F)
1930th mtg (18 July 1985)) |
|
|
|
-
Titles and texts adopted by the Drafting Committee: titles
of the four parts of the draft; articles 28 to 33
|
- U.N.
Doc. A/CN.4/L.400
(F)
(in Ybk,
1986, vI, (F)
1980th mtg (2 July 1986)) |
|
|
|
-
Titles and texts adopted by the Drafting Committee on
second reading: articles 1 to 32 and draft Optional Protocols
One and Two
|
- U.N.
Doc. A/CN.4/L.432
(F)
(in Ybk,
1989, vI, (F)
2128th to 2132nd mtgs (29 June to 6 July 1989)) |
| F.
Comments by Governments |
|
|
|
|
|
|
- U.N.
Doc. A/CN.4/321
and Add. 1-7 (F)
(in Ybk,
1979, vII(1) (F)) |
|
|
|
-
Information received from Governments
|
- U.N.
Doc. A/CN.4/356
and Add.1 and Add.1/Corr.1, Add.2-3 (F)
(in Ybk
, 1982, vII(1) (F)) |
|
|
|
-
Information received from Governments
|
- U.N.
Doc. A/CN.4/372
and Add.1 and 2 (F)
(in Ybk,
1983, vII(1) (F)) |
|
|
|
-
Information received from Governments
|
- U.N.
Doc. A/CN.4/379
and Add.1 (F) |
|
|
|
-
Comments and observations received from Governments
|
- U.N.
Doc. A/CN.4/409
and Corr.1 and 2, and Add.1-5 (F)
(in Ybk,
1988, vII(1) (F)) |
|
|
|
-
Comments and observations received from Governments
|
- U.N.
Doc. A/CN.4/420
(F)
(in Ybk,
1989, vII(1) (F)) |
| G.
Other |
|
|
|
|
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its twenty-ninth
session, 9 May to 29 July 1977
-
Established a Working Group, and approved its conclusions
concerning the ways and means of dealing with the topic.
- Discussion in Plenary: 1425th
(F)
mtg (23 May 1977), and 1462nd
(F)
mtg (18 July 1977)
|
- ILC
Report, A/32/10,
(F), 1977,
chp. V(C), paras.80-84
- Ybk,
1977, vII(2) (F)
-
Ybk,
1977, vI (F)
|
2. Report
of the International Law Commission on the work of its thirtieth
session, 8 May to 28 July 1978
-
The Commission re-established the Working Group, which
adopted as its basic position that there had been considerable
developments in various aspects of the question as reflected
in the three multilateral conventions adopted subsequent
to the 1961 Vienna Convention on Diplomatic Relations
and that therefore the relevant provisions of those conventions,
if any, should form the bases for any further study of
the question.
- Discussion in Plenary: 1527th
(F)
mtg (27 July 1978)
|
- ILC
Report, A/33/10,
(F),
1978, chp. VI, paras. 136-144
- Ybk,
1978, vII(2)
(F)
-
Ybk,
1978, vI (F)
|
3. Report
of the International Law Commission on the work of its thirty-first
session, 14 May to 3 August 1979
-
The Commission once again established a Working Group
and then appointed Mr. Alexander Yankov as Special
Rapporteur to prepare a set of draft articles.
- Discussion in Plenary: 1546th
(F)
mtg (6 June 1979) and 1580th
(F)
mtg (31 July 1979)
|
- ILC
Report, A/34/10,
(F), 1979,
chp. VI, paras. 149-165
- Ybk,
1979, vII(2) (F)
-
Ybk,
1979, vI (F)
|
4. Report
of the International Law Commission on the work of its thirty-second
session, 5 May to 25 July 1980
-
The Commission held a general debate to discuss the issues
dealt with in the preliminary report prepared by the Special
Rapporteur as well as on the topic as a whole.
- Discussion in Plenary: 1634th
(F)
mtg (16 July 1980), and 1636th
(F)
and 1637th
(F)
mtgs (17 and 18 July 1980)
|
- ILC
Report, A/35/10,
(F), 1980,
chp. VIII, paras. 145-176
- Ybk,
1980, vII(2) (F)
-
Ybk,
1980, vI (F)
|
5. Report
of the International Law Commission on the work of its thirty-third
session, 4 May to 24 July 1981
-
The Commission had before it the second report of the
Special Rapporteur containing the text of six draft
articles. It discussed the definition of the terms "diplomatic
courier" and "diplomatic bag" as well as other terms to
be used for the draft articles on the basis of the travaux
préparatoires of the relevant provisions of
pertinent multilateral conventions. It also considered
the general principles underlying those conventions which
should also be incorporated in the draft. It referred
articles 1 to 6 to the Drafting Committee.
- Discussion in Plenary: 1691st
(F)
(15 July 1981), 1693rd
(F)
and 1694th
(F)
mtgs (17 and 20 July 1981)
|
- ILC
Report, A/36/10,
(F),
1981, chp. VII, paras. 228-249
-
Ybk, 1981, vII(2)
(F)
- Ybk,
1981, vI
(F) |
6. Report
of the International Law Commission on the work of its thirty-fourth
session, 3 May to 23 July 1982
-
The Commission referred the 14 draft articles proposed
by the Special Rapporteur to the Drafting Committee.
- Discussion in Plenary: 1745th
(F),
1746th (F)
and 1747th
(F)
mtgs (14 to 16 July 1982)
|
- ILC
Report, A/37/10,
(F), 1982,
chp. VI, paras. 199-249
- Ybk,
1982, vII(2) (F)
-
Ybk, 1982, vI (F)
|
7. Report
of the International Law Commission on the work of its thirty-fifth
session, 3 May to 22 July 1983
-
Discussed the first two instalments of the Special
Rapporteur's fourth report. The Commission was only
able to consider draft article 15 to 23. It decided to
refer draft articles 15 to 19 to the Drafting Committee
and to resume its debate on draft articles 20 to 23 at
its thirty-sixth session, in 1984, before referring them
to the Drafting Committee. It furthermore provisionally
adopted articles 1 to 8, with commentaries.
- Discussion in Plenary: 1774th
(F)
mtg (3 June 1983), 1780th
(F),
1781st
(F),
1782nd
(F),
1783rd
(F)
and 1784th
(F)
mtgs (13 to 17 June 1983), and 1799th
(F)
mtg (7 July 1983), and 1806th
(F)
and 1807th
(F)
mtgs (18 and 19 July 1983)
|
- ILC
Report, A/38/10,
(F), 1983,
chp. V, paras.134-190
- Ybk,
1983, vII(2) (F)
-
Ybk,
1983, vI (F)
|
8. Report
of the International Law Commission on the work of its thirty-sixth
session, 7 May to 27 July 1984
-
The Commission had before it Addenda 1, to 4 of the
fourth report of the Special Rapporteur. The
Special Rapporteur introduced his fifth report,
and the Commission referred draft articles 24 to 35
to the Drafting Committee. On the basis of the report
of the Drafting Committee, the Commission provisionally
adopted articles 9 to 20 with commentaries, as well
as a consequential amendment to the text of draft article
8 and a modified version of the commentary thereto.
- Discussion in Plenary: 1824th
(F),
1825th
(F),
1826th
(F),
1827th
(F),
1828th
(F),
1829th
(F)
and 1830th
(F)
mtgs (21 to 29 May 1984), 1832nd
(F)
mtg (1 June 1984), 1842nd
(F),
1843rd
(F),
1844th
(F),
1845th
(F),
1846th
(F)
and 1847th
(F)
mtgs (18 to 25 June 1984), and 1862nd
(F),
1863rd
(F)
and 1864th
(F)
mtgs (16 to 18 July 1984)
|
- ILC
Report, A/39/10,
(F), 1984,
chp. III, paras.66-194
- Ybk,
1984, vII(2) (F)
-
Ybk,
1984, vI (F)
|
9. Report
of the International Law Commission on the work of its thirty-seventh
session, 6 May to 26 July 1985
-
Referred draft articles 23 and 36 to 43 to the Drafting
Committee. Adopted provisionally draft articles 23, 28,
29, 30, 31, 32, 34 and 35 and commentaries thereto. Deleted
brackets from paragraph 2 of article 12 and adopted new
commentary to that paragraph.
- Discussion in Plenary: 1903rd
(F),
1904th
(F),
1905th
(F),
1906th
(F),
1907th
(F),
1908th
(F),
1909th
(F),
1910th (F),
1911th
(F),
1912th
(F),
1913th
(F)
and 1914th
(F)
mtgs (14 June to 1 July 1985), and 1930th
(F)
mtg (18 July 1985)
|
- ILC
Report,
A/40/10, (F),
1985, chp. IV, paras.164-205
- Ybk,
1985, vII(2)
(F)
-
Ybk,
1985, vI (F)
|
10.
Report of the International Law Commission on the work of
its thirty-eighth session, 5 May to 11 July 1986
-
Referred to the Drafting Committee articles 36, 37, 41
to 43 and new draft article 39. Provisionally adopted
draft articles 28 to 33 with commentaries. Divided the
draft articles into four parts: Part I: General Provisions
(arts.1-6); Part II: Status of the diplomatic courier
and the captain of a ship or aircraft entrusted with diplomatic
bag (arts.7-23); Part III: (Status of the diplomatic bag
(arts.24-29); and Part IV: Miscellaneous provisions (arts.30-33).
Adopted on first reading the whole set of draft articles.
Decided to transmit draft articles through the Secretary-General
to Member States for comments and observations.
- Discussion in Plenary: 1948th
(F),
1949th
(F),
1950th
(F)
and 1951st
(F)
mtgs (20 to 23 May 1986), and 1980th
(F)
mtg (2 July 1986)
|
- ILC
Report,
A/41/10, (F),
1986, chp. III, paras.23-33
- Ybk,
1986, vII(2) (F)
- Ybk,
1986, vI (F)
|
11.
Report of the International Law Commission on the work of
its thirty-ninth session, 4 May to 27 July 1987
-
Emphasized the importance of the deadline of 1 January
1988 for submission by Governments of their comments and
observations.
|
- ILC
Report, A/42/10,
(F), 1987,
chp. VI(C), par.223
- Ybk,
1987, vII(2) (F) |
12.
Report of the International Law Commission on the work of
its fortieth session, 9 May to 29 July 1988
-
The Commission had before it the eighth report of the
Special Rapporteur, as well as written comments
and observations submitted by Governments. After discussing
the proposals made by the Special Rapporteur, the
Commission referred the draft articles to the Drafting
Committee for their second reading.
- Discussion in Plenary: 2069th
(F)
and 2070th
(F)
mtgs (28 and 29 June 1988), 2072nd
(F)
mtg (1 July 1988), and 2076th
(F),
2077th
(F),
2078th (F),
2079th
(F)
and 2080th
(F)
mtgs (8 to 15 July 1988)
|
- ILC
Report, A/43/10,
(F), 1988,
chp. V, paras.281-493
- Ybk,
1988, vII(2) (F)
-
Ybk,
1988, vI (F)
|
13.
Report of the International Law Commission on the work of
its forty-first session,
2 May to 21 July 1989
|
- ILC
Report, A/44/10,
(F),
1989, chp. II paras.17-72
- Ybk,
1989, vII(2)
(F)
- Ybk,
1989, vI (F)
|
| I.
General Assembly Action |
|
Res.
33/139 of 19 December 1978 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue the study concerning
the status of the diplomatic courier and the diplomatic
bag not accompanied by diplomatic courier in light of
the comments made in the Sixth Committee and comments
to be submitted by Member States with a view to possible
elaboration of an appropriate legal instrument. Invited
all States to submit their written comments on the preliminary
study carried out by the Commission.
|
|
Res.
33/140 of 19 December 1978 (E,
F,
S,
R,
C,
A)
-
Noted with appreciation the study by the Commission of
the proposals on the elaboration of a protocol which could
constitute a further development of international diplomatic
law. It decided that it would give further consideration
to this question and expressed the view that, unless Member
States indicated the desirability of an earlier consideration,
it would be appropriate to do so when the International
Law Commission submitted to the Assembly the results of
its work on the possible elaboration of an appropriate
legal instrument on the topic.
|
|
Res.
35/163 of 15 December 1980 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission, taking into account the
written comments of Governments and the views expressed
in debates in the General Assembly, should continue its
work on the topic with a view to the possible elaboration
of an appropriate legal instrument.
|
|
Res.
41/81 of 3 December 1986 (E,
F,
S,
R,
C,
A)
-
Urged Governments to give full attention to the request
of the Commission for comments and observations on the
draft articles adopted on first reading by the Commission.
|
|
Res.
42/156 of 7 December 1987 (E,
F,
S,
R,
C,
A)
-
Urged Governments to give full attention to the request
of the Commission for comments and observations on the
draft articles adopted on first reading by the Commission.
|
|
| J.
Final Outcome |
|
|
|
|
-
Recommended the convening of an international conference
of plenipotentiaries
|
- ILC
Report, A/44/10,
(F), 1989,
chp. II(B), paras.66-70
- Ybk,
1989, vII(2) (F) |
|
|
|
Res.44/36
of 4 December 1989 (E,
F,
S,
R,
C,
A)
|
|
Res.
45/43 of 28 November 1990 (E,
F,
S,
R,
C,
A)
|
|
Res.
46/57 of 9 December 1991 (E,
F,
S,
R,
C,
A)
|
|
Decision
50/416 of 11 December 1995
-
Wishing to pay tribute to the valuable work done by
the Commission on the draft articles, decided to bring
the draft
articles prepared by the Commission to the attention
of Member States, together with the observations made
by them in written form or orally during the debates
of the Sixth Committee, including the report of the
Vice-Chairman of the Committee at the forty-seventh
session of the Assembly, and to remind Member States
of the possibility that this field of international
law and any further developments within it may be subject
to codification at an appropriate time in the future.
|
|
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