A.
Mandate
- Topic
selected in 1949 by the Commission as being suitable for
codification.
- G.A. Res. 799 (VIII) of 7 December 1953
(E,
F,
S,
R,
C)
|
|
B.
Studies undertaken by the Secretariat and Reports of the Secretary-General
|
|
1. 16th
session of the International Law Commission (1964)
-
Summary of the discussions in various United Nations organs
and the resulting decisions: working paper prepared by
the Secretariat
- Digest of the decisions of international tribunals relating
to State responsibility, prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/165
(F)
(in Ybk,
1964, vII (F))
- U.N. Doc.
A/CN.4/169 (F)
(in Ybk,
1964, vII (F)) |
2. 21st
session of the International Law Commission (1969)
-
Supplement, prepared by the Secretariat, to the "Digest
of the decisions of international tribunals relating to
State responsibility"
|
- U.N.
Doc. A/CN.4/208
(F)
(in Ybk,
1969, vII (F))
- ILC Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. IV, par.77 |
-
Proposals submitted to, and decisions of, various United
Nations organs relating to the question of State Responsibility:
supplement prepared by the Secretariat to document A/CN.4/165
|
- U.N.
Doc. A/CN.4/209
(F)
(in Ybk,
1969, vII (F))
- ILC Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. IV, par.77 |
3. 30th
session of the International Law Commission (1978)
-
"Force majeure" and "fortuitous event" as circumstances
precluding wrongfulness: survey of State practice, international
judicial decisions and doctrine - Study prepared by the
Secretariat
|
- U.N.
Doc A/CN.4/315
(F)
(in Ybk,
1978, vII(1) (F))
- ILC Report, A/32/10,
(F),
1977, chp. II(A)(4), par.30 |
4. 32nd
session of the International Law Commission (1980)
-
State responsibility for internationally wrongful acts
(part 1). Principal works cited in the reports of Mr.
Ago. Document prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/318/Add.8
(F)
(in Ybk,
1980, vII(1) (F)) |
| C.
Reports of the Working Group or Sub-Committee |
|
1. 15th
session of the International Law Commission, (1963)
-
Report by Mr. Roberto Ago, Chairman of the Sub-Committee
on State Responsibility
|
- U.N.
Doc.
A/CN.4/152 (F)
(in ILC Report, A/5509
(F)
(A/18/9), 1963, annex I)
- ILC Report, A/5509
(F)
(A/18/9), 1963, chp. IV, paras.51-55 |
2. 49th
session of the International Law Commission (1997)
-
Report of the Working Group
|
- U.N.
Doc. A/CN.4/L.538
(F,
S,
R,
C,
A)
- ILC Report, A/52/10,
1997, chp. VI, paras.158-161 |
| D.
Reports of the Special Rapporteur |
|
1. Discussion
on the topic of international responsibility including consideration
of, the traditional view and the development of international
law; past efforts to codify the topic; legal content and
function of international responsibility; the active subjects
of responsibility and the problem of imputability; the passive
subjects of responsibility and the capacity to bring an
international claim; diplomatic protection and the international
recognition of the essential rights of man; exoneration
from responsibility and attenuating and aggravating circumstances;
character, function and measure of reparation; international
claims and modes of settlement; as well bases of discussion.
The report included a review of codification attempts under
the League of Nations, by the inter-American bodies, as
well as private bodies.
-
Report of the Special Rapporteur, Mr. F.V. García-Amador
(8th session
of the ILC (1956))
|
- U.N.
Doc. A/CN.4/96
(F)
(in Ybk,
1956, vII (F))
- ILC Report, A/3159
(F)
(A/11/9), 1956, chp. III(II), par.35 |
2. Consideration
of the question of the responsibility of the State for injuries
caused in its territory to the person or property of aliens,
focusing on Part I (acts and omissions). Report dealt with
the following topics under this rubric: the nature and scope
of responsibility; acts and omissions of organs and officials
of the State; violation of fundamental human rights; non-performance
of contractual obligations and acts of expropriation; as
well as acts of individuals and internal disturbances.
-
Second report of the Special Rapporteur, Mr. F.V.
García-Amador (9th
session of the ILC (1957))
|
- U.N.
Doc. A/CN.4/106
(F)
(in Ybk,
1957, vII (F))
- ILC Report, A/3623
(F)
(A/12/9), 1957, chp. III(I), par.17 |
3. Discussion
of the proposed Part II dealing with the international claim.
The report considered the following questions in this context:
acts and omissions which give rise to responsibility; the
exoneration from responsibility; extenuating and aggravating
circumstances; the exhaustion of local remedies; submission
of the international claim; and the character and measure
of reparation. A draft on international responsibility of
the state for injuries caused in its territory to the person
or property of aliens, was annexed to the report.
-
Third report of the Special Rapporteur, Mr. F.V.
García-Amador (10th
session of the ILC (1958))
|
- U.N.
Doc. A/CN.4/111
(F)
(in Ybk,
1958, vII (F))
- ILC Report, A/3859
(F)
(A/13/9), 1958, chp. IV(I), par.54 |
4. Further
report considering the question of measures affecting acquired
rights. The following issues were referred to: the international
protection of acquired rights, expropriation in general,
and contractual rights.
-
Fourth report of the Special Rapporteur, Mr. F.V.
García-Amador (11th
session of the ILC (1959))
|
- U.N.
Doc. A/CN.4/119
(F)
(in Ybk,
1959, vII (F)) |
5. Continued
consideration of the question of measures affecting acquired
rights, as well as a discussion of the constituent elements
of international responsibility. The following issues were
considered in the context of measures affecting acquired
rights: extraterritorial effects of measures affecting acquired
rights; and systems for settlement of disputes. The following
topics were considered under the rubric of constituent elements
of international responsibility: how international responsibility
arises; and the basis of international responsibility. Finally,
the report considered further amendments and additions to
the draft articles.
-
Fifth report of the Special Rapporteur, Mr. F.V.
García-Amador (12th
session of the ILC (1960))
|
- U.N.
Doc. A/CN.4/125
(F)
(in Ybk,
1960, vII (F)) |
6. Focused
on the question of the reparation of the injury, and considered
the following issues: the duty to make reparation; the injury
and the forms and functions of reparation in general; and
the reparation of injury caused to the alien.
-
Sixth report of the Special Rapporteur, Mr. F.V.
García-Amador (13th
session of the ILC (1961))
|
- U.N.
Doc. A/CN.4/134
and Add.1 (F)
(in Ybk,
1961, vII
(F)) |
7. Review
of previous work on codification of the topic of the international
responsibility of States.
-
First report of the Special Rapporteur, Mr. Roberto
Ago (21st
session of the ILC (1969))
|
- U.N.
Doc. A/CN.4/217
and Corr.1 and Add.1 (F)
(in Ybk,
1969, vII (F))
and Add.2
(F)
(in Ybk,
1971 vII(1) (F))
- ILC Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. IV, par.78 |
8. The
origin of international responsibility: general fundamental
rules governing the topic as a whole, including: the internationally
wrongful act as a source of responsibility; conditions for
the existence of an internationally wrongful act; and the
capacity to commit internationally wrongful acts.
-
Second report of the Special Rapporteur, Mr. Roberto
Ago (22nd
session of the ILC (1970))
|
- U.N.
Doc. A/CN.4/233
(F)
(in Ybk,
1970,vII (F))
- ILC Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. IV. paras.68-83 |
9. The
internationally wrongful act of the State, source of international
responsibility: an introduction; chapter 1, general principles,
including draft articles 1-4 on general principles; and
a part of chapter 2, the "act of the State" according to
international law, followed by draft articles 5-9.
-
Third report of the Special Rapporteur, Mr. Roberto
Ago (23rd
session of the ILC (1971))
|
- U.N.
Doc.
A/CN.4/246 and Add.1-3 (F)
(in Ybk,
1971, vII(1)
(F))
- ILC Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(C), paras. 101-105 |
10.
The internationally wrongful act of the State, source of
international responsibility. Remaining sections of chapter
2 - the "Act of State" according to international law (arts.
10-13).
-
Fourth report of the Special Rapporteur, Mr. Roberto
Ago (24th
session of the ILC (1972))
|
- U.N.
Doc. A/CN.4/264
and Add.1 (F)
(in Ybk,
1972, vII (F))
- ILC Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. IV(B), paras. 72-73 |
11.
Chapter III (Breach of an international obligation), including
proposed articles on the source of the international obligation
breached, the force of an international obligation, and
the content of the international obligation breached.
-
Fifth report of the Special Rapporteur, Mr. Roberto
Ago (28th
session of the ILC (1976))
|
- U.N.
Doc. A/CN.4/291
and Add.1 and 2 (F)
(in Ybk,
1976, vII(1) (F))
- ILC Report, A/31/10,
(F),
1976, chp. III(A), paras.74-78 |
12.
Proposed draft articles on: breach of an international obligation
calling for the State to adopt a specific course of conduct;
breach requiring the State to achieve a particular result;
and exhaustion of local remedies (Sections 5 to 7 of Chapter
III).
-
Sixth report of the Special Rapporteur, Mr. Roberto
Ago (29th
session of the ILC (1977))
|
- U.N.
Doc. A/CN.4/302
and Add.1-3 (F)
(in Ybk,
1977, vII(1) (F))
- ILC Report, A/32/10,
(F),
1977, chp. II(A)(4), paras.27-31 |
13.
The internationally wrongful act of the State, source of
international responsibility: breach of an international
obligation to prevent a given act (art. 23), time of the
breach of an international obligation (art. 24), participation
by a State in the internationally wrongful act of another
State (art. 25).
-
Seventh Report of the Special Rapporteur, Mr. Roberto
Ago (30th
session of the ILC (1978))
|
- U.N.
Doc A/CN.4/307
and Add. 1-2 and Add.2/Corr. 1 (F)
(in Ybk,
1978, vII(1) (F))
- ILC Report, A/33/10,
(F),
1978, chp. III(A)(4), par. 89 |
14.
Chapter IV - implication of a State in the internationally
wrongful act of another State: indirect responsibility of
a State for the internationally wrongful act of another
State (article 28). Chapter V - circumstances precluding
wrongfulness: consent of the injured State (article 29),
legitimate application of a sanction (article 30), Force
majeure and fortuitous event (articles 31 and 32).
-
Eighth Report of the Special Rapporteur, Mr. Roberto
Ago (31st
session of the ILC (1979))
|
- U.N.
Doc A/CN.4/318
and Add. 1-4 (F)
, Add.5-7
(F)
and Add.8
(F)
(in Ybk,
1979, vII(1) (F))
- ILC Report, A/34/10,
(F),
1979, chp. III(A)(4), par. 69 |
15.
The internationally wrongful act of the State, source of
international responsibility (concluded). Circumstances
precluding wrongfulness: State of necessity and self-defense.
-
Eighth Report (Addendum) of the Special Rapporteur,
Mr. Roberto Ago (32nd
session of the ILC (1980))
|
- U.N.
Doc. A/CN.4/318/Add.5-7
(F)
(in Ybk,
1980, vII(1) (F))
(see Add.8
prepared by Secretariat, above)
- ILC Report, A/35/10,
(F),
1980, chp. III(A)(4)(a), par. 28 |
16.
Preliminary report on the content, forms and degrees of
international responsibility (Part 2 of the draft articles
on State responsibility). General analysis of the various
forms of new legal relationships that may be established
under international law by an internationally wrongful act
of a State.
-
Preliminary Report of the Special Rapporteur, Mr.
Willem Riphagen (32nd
session of the ILC (1980))
|
- U.N.
Doc. A/CN.4/330
and Corr. 1 and 3 (F)
(in Ybk,
1980, vII(1) (F))
- ILC Report, A/35/10,
(F),
1980, chp. III(C)(2), paras. 35-48 |
17.
Second report on the content, forms and degrees of international
responsibility (Part 2 of the draft articles on State responsibility).The
report dealt primarily with new obligations of the State
which is held to have committed an internationally wrongful
act entailing its international responsibility. Proposed
draft articles 1 to 3 of chapter I (general principles),
as well as articles 4 and 5 - Chapter II (obligations of
the State which has committed an internationally wrongful
act).
-
Second Report of the Special Rapporteur, Mr. Willem
Riphagen (33rd
session of ILC (1981))
|
- U.N.
Doc. A/CN.4/344
and Corr. 1 and 2 (F)
(in Ybk,
1981, vII(1)
(F))
- ILC Report, A/36/10,
(F),
1981, chp. IV(C), paras.145-160 |
18.
Third report on the content, forms and degrees of international
responsibility (Part 2 of the draft articles on State responsibility).
The report contained a revised version of the draft articles
of the previous report. The notion of the injured State
was analyzed, as well as the link between a breach of an
international obligation and the legal consequences thereof.
-
Third Report of the Special Rapporteur, Mr. Willem Riphagen
(34th
session of ILC (1982))
|
- U.N.
Doc. A/CN.4/354
and Corr. 1 and Add.1 and 2 (F)
(in Ybk,
1982, vII(1) (F))
- ILC Report, A/37/10,
(F),
1982, chp. III(B), paras.79-102 |
19.
After a brief review of the status of the work on the topic,
the fourth report concentrated on an "outline" of the possible
contents of Part II and Part III of the draft articles.
-
Fourth report of the Special Rapporteur, Mr. Willem
Riphagen (35th
session of the ILC (1983))
|
- U.N.
Doc. A/CN.4/366
and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1983, vII(1) (F))
- ILC Report, A/38/10,
(F),
1983, chp. IV(B), paras.106-133 |
20.
Consisted mainly of 12 new draft articles (arts.5-16) to
follow the four articles provisionally adopted by the Commission
at its thirty-fifth
session. By way of provisional commentaries, reference
was made to the parts of earlier reports dealing with the
various matters addressed in the new draft articles. The
new draft articles submitted were meant to replace all earlier
draft articles proposed by the Special Rapporteur.
-
Fifth Report of the Special Rapporteur, Mr. Willem
Riphagen (36th
session of the ILC (1984))
|
- U.N.
Doc. A/CN.4/380
and Corr.1 (F)
(in Ybk,
1984, vII (1) (F))
- ILC Report, A/39/10,
(F),
1984, chp. VII(B), paras.349-380 |
21.
Four draft articles with commentaries already provisionally
adopted by the Commission, and remaining 12 draft articles
with commentaries already submitted - all of which constitute
part 2. Proposals on possible content of part 3 on the "implementation"
(mise en oeuvre) of international responsibility
and the settlement of disputes.
-
Sixth Report of the Special Rapporteur, Mr. Willem
Riphagen (37th
session of the ILC (1985))
|
- U.N.
Doc.
A/CN.4/389 and Corr.1 (F)
(in Ybk,
1985, vII (1) (F)
- ILC Report, A/40/10,
(F),
1985, chp. III(A)(2), paras.108-163 |
22.
Report consisted of two sections: section I contained draft
articles and commentaries of part 3 of the draft, and section
II concerned first stage of the preparation of the second
reading of part I of the draft articles.
-
Seventh Report of the Special Rapporteur, Mr. Willem
Riphagen (38th
session of the ILC (1986))
|
- U.N.
Doc. A/CN.4/397
and Corr.1 and 2 and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1986, vII(1) (F))
- ILC Report, A/41/10,
(F),
1986, chp. IV(B), paras.40-65 |
23.
Suggestions concerning the outline of parts 2 (content,
forms and degrees of international responsibility) and 3
(peaceful settlement of disputes arising from an alleged
internationally wrongful act) of the draft articles. Cessation
of an internationally wrongful act and restitution in kind:
proposed draft articles 6 and 7.
-
Preliminary Report of the Special Rapporteur, Mr.
Gaetano Arangio-Ruiz (40th
session of the ILC (1988))
|
- U.N.
Doc.
A/CN.4/416 and Corr.1 and 2 and Add.1 and Add.1/Corr.1 and
2 (F)
(in Ybk,
1988, vII(1) (F))
- ILC Report A/43/10,
(F),
1988, chp. VII(B), paras.527-546 |
24.
Report divided into six chapters: (I) moral injury to the
State and the distribution between satisfaction and compensation;
(II) reparation by equivalent; (III) satisfaction (and punitive
damages); (IV) guarantees of non-repetition of the wrongful
act; and (V) the forms and degree of reparation and the
impact of fault; and (VI) draft articles on reparation by
equivalent, satisfaction and guarantees of non-repetition.
-
Second Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (41st
session of the ILC (1989))
|
- U.N.
Doc. A/CN.4/425
and Corr.1 and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1989, vII(1) (F))
- ILC Report, A/44/10,
(F),
1989, chp. IV(B), paras.225-301
|
25.
Discussed the following topics: kinds of measures to be
considered (including, self-defence, sanctions, retortion,
reprisals, countermeasures, reciprocal measures, inadimplenti
non est adimplendum); an internationally wrongful act
as a precondition; functions and purposes of measures; the
issue of a prior claim for reparation; the impact of dispute
settlement obligations; the problem of proportionality;
the regime of suspension and termination of treaties as
countermeasures; the issue of so-called self-contained regimes;
the problem of differently injured States; and substantive
limitations issues.
-
Third Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (43rd
session of the ILC (1991))
|
- U.N.
Doc. A/CN.4/440
and Add.1 (F)
(in Ybk,
1991, vII(1) (F))
- ILC Report, A/46/10,
(F),
1991, chp. VII(B), paras.308-22 |
26.
Discussion of the "instrumental" consequences of an internationally
wrongful act or "countermeasures" with a view to submitting
solutions and draft articles on the various aspects, of
their legal regime as identified in the previous (third)
report. State practice prior to the First World War, State
practice between the wars, principles and rules emerging
after the Second World War, State practice since the Second
World War, conclusions; proportionality of countermeasures;
prohibited countermeasures: countermeasures and the prohibition
of the use of force, the problem of economic and political
measures as forms of coercion, countermeasures and respect
for human rights, the question of the inviolability of diplomats
and other specially protected persons, the relevance of
jus cogens and erga omnes obligations; the
so-called self-contained regimes; the problem of a plurality
of equally or unequally injured States: the origin of the
concept of non-directly injured States, impropriety of the
concept of non-directly injured States, conceivable and
possible solutions in the case of a plurality of injured
States; Proposed draft articles: countermeasures by an injured
State (art.11), conditions of resort to countermeasures
(art.12), proportionality (art.13), prohibited countermeasures
(art.14) and art.5 bis.
-
Fourth Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (44th
session of the ILC (1992))
|
- U.N.
Doc. A/CN.4/444
and Add.1 and Corr.1 and Add.2-3 (F)
(in Ybk,
1992, vII(1) (F))
- ILC Report, A/47/10,
(F),
1992, chp. III(B)(3), paras. 117-276 |
27.
Part Three of the draft articles on State responsibility:
dispute settlement procedure, contained 6 proposed draft
articles: conciliation (art.1), task of the Conciliation
Commission (art.2), arbitration (art.3), terms of reference
of the Arbitral Tribunal (art.4), judicial settlement (art.5),
excès du pouvoir or violation of fundamental
principles of arbitral procedure (art.6), accompanied by
an annex: composition of the Conciliation Commission (art.1),
task of the Conciliation Commission (art.2), composition
of the Arbitral Tribunal (art.3); The consequences of international
"crimes" of States (article 19 of Part One of the draft).
-
Fifth Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (45th
session of the ILC (1993))
|
- U.N.
Doc. A/CN.4/453
and Add.1 and Add.1/Corr.1-3 and Add.2-3 (F)
- ILC Report, A/48/10,
(F),
1993, chp. IV(B)(3), paras.205-333 |
28.
Pre-countermeasures dispute settlement provisions so far
envisaged for the draft on State responsibility - a reappraisal:
the formulation adopted by the 1993 Drafting Committee for
article 12 of part two of the draft articles, the crucial
issue of the requirement of prior recourse to dispute settlement
procedures, other important matters relating to the pre-countermeasures
dispute settlement issues to be dealt with in article 12
of part two, proposals of the Special Rapporteur
concerning articles 11 and 12 of part two of the draft articles.
Main issues to be considered in the forthcoming debate on
the consequences of internationally wrongful acts characterized
as crimes under article 19 of Part One of the draft articles
on State responsibility: Can the crimes be defined? Assuming
an agreed definition can be reached, who determines that
a "crime" has been committed? What are the possible consequences
of a finding of crime?
-
Sixth Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (46th
session of the ILC (1994))
|
- U.N.
Doc. A/CN.4/461
and Add.1, Add.2 and Add.2/ Corr.1, and Add.3 (F)
- ILC Report, A/49/10,
(F),
1994, chp. IV(B), paras. 229-353 |
29.
The legal consequences of internationally wrongful acts
characterized as crimes under article 19 of part one of
the draft articles and the settlement of disputes relating
to the legal consequences of crimes.
-
Seventh Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (47th
session of the ILC (1995))
|
- U.N.
Doc. A/CN.4/469
(F,
S,
R,
C,
A)
and Corr.1 (English
only) and Add. 1
(F,
S,
R,
C,
A)
and 2
(F,
S,
R,
C,
A)
- ILC Report,
A/50/10, (F),
1995, chp. IV(B), paras.239-339 |
30.
Problems relating to the regime of internationally wrongful
acts singled out as "crimes" based on article 19 of part
one (the fate of art.19 of Part One; the special and additional
substantive consequences of crimes; the institutional aspects
of the legal regime of "Crimes"; conclusions: art.4 as adopted
and draft art.20 as proposed in the Seventh report) as well
as some other issues to which the Special Rapporteur
deemed it necessary to call the attention of the Commission
(the role of fault in general and in connection with satisfaction;
the dispute settlement provisions of Part Two and Three
of the Project; proportionality).
-
Eighth Report of the Special Rapporteur, Mr. Gaetano
Arangio-Ruiz (48th
session of the ILC (1996))
|
-
U.N. Doc. A/CN.4/476
(F,
S,
R,
C,
A)
and Corr.1 (English only) and Add. 1
(F,
S,
R,
C,
A)
- ILC Report, A/51/10
(F),
1996, chp. III(B), par.61 |
31.
General issues relating to the draft articles, the distinctions
between "crimes" and "delictual responsibility", and articles
1 to 15 of Part One of the draft
-
First report of the Special Rapporteur, Mr. James Crawford
(50th
session of the ILC (1998))
|
-
U.N. Doc. A/CN.4/490
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A),
Add.2
(S,
R,
C,
A),
2/Rev.1 (French
only), Add.2/Corr.1
(S,
R,
C,
A),
Add.3
(F,
S,
R,
C,
A),
Add.4
(F,
S,
R,
C,
A),
Add.4/Corr.1
(F,
S,
R,
C,
A),
Add.5
(F,
S,
R,
C,
A),
Add.6
(F,
S,
R,
C,
A),
Add.7
(F,
S,
R,
C,
A),
Add.7/Corr.1
(F,
S,
R,
C,
A)
- ILC Report, A/53/10,
(F),
1998, chp. VII(B), paras. 215, 219-224, 241-259, 332-347,
359-378, 409-420
|
32.
Continuation of the consideration of draft articles in light
of comments of Governments and developments in State Practice.
Review of the draft articles in Part One, Chapter III (Breach
of an International Obligation), Chapter IV (Implication
of a State in the internationally wrongful act of another
State), Chapter V (Circumstances precluding wrongfulness),
the treatment of countermeasures in the Draft articles,
together with a brief review of the comparative law experience
relating to interference with contractual rights.
-
Second report of the Special Rapporteur, Mr. James Crawford
(51st
session of the ILC (1999))
|
-
U.N. Doc. A/CN.4/498
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A),
Add.2
(F,
S,
R,
C,
A),
Add.3
(F,
S,
R,
C,
A),
and Add.4
(F,
S,
R,
C,
A)
- ILC Report, A/54/10,
(F),
1999, chp. V, paras. 67-69, 70-77, 81-94, 117-124, 132-144,
187-203, 220-222, 244-247, 253-255, 268-269, 277, 279-288,
289-292, 306-308, 319-321, 332-333, 334-339, 348-351, 363-367,
374-379, 392-394, 402-404, and 426-437
|
33.
Recommended a programme for completion of the second reading
of the draft articles on State responsibility. Identified
the outstanding issues relating to Part One as well as made
proposals for Part Two (legal consequences of an internationally
wrongful act of a State) as well as for a new Part Two bis
(the implementation of State responsibility) and Part Four
(general provisions), of the draft articles.
-
Third report of the Special Rapporteur, Mr. James Crawford
(52nd
session of the ILC (2000))
|
-
U.N. Doc. A/CN.4/507
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
and Add.1/Corr.1
(F,
S,
R,
C,
A)
and 2 (French
only), Add.2
(F,
S,
R,
C,
A)
and Add.2/Corr.1
(F,
R,
C)
and Add.2/Corr.2
(R,
C),
Add.3
(F,
S,
R,
C,
A)
and Add.2/Corr.1
(F,
R,
C),
and Add.4
(F,
S,
R,
C,
A).
-
ILC Report, A/55/10,
2000, chp.IV, paras.28-405
|
34.
Consideration of remaining general issues; the invocation
of responsibility: "damage", "injury"
and the "injured State"; "serious breaches
of obligations to the international community as a whole";
Part Two, Chapter III; and Countermeasures: Part Two bis,
Chapter II
-
Fourth report of the Special Rapporteur, Mr. James Crawford
(53nd
session of the ILC (2001))
|
-
U.N. Doc. A/CN.4/517
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/56/10,
2001, chp. IV, paras.30-77 |
|
|
| E.
Reports of the Drafting Committee |
|
1. 25th
session of the International Law Commission (1973)
-
Titles of the draft and of chapters I and II, titles and
texts of articles 1-6 adopted by the Drafting Committee
|
- U.N.
Doc.
A/CN.4/L.194 (F)
(in Ybk,
1973, vI, (F)
1225th and 1226th mtgs (12 and 13 June 1973)) |
2. 26th
session of the International Law Commission (1974)
-
Texts adopted by the Committee: title of chap. II and
arts.7-9
|
- U.N.
Doc. A/CN.4/L.207
(F)
(in Ybk,
1974, vI, (F)
1278th mtg (14 June 1974)) |
3. 27th
session of the International Law Commission (1975)
-
Texts adopted by the Committee: arts.10-12, 12 bis,
12 ter, and 13.
|
- U.N.
Doc. A/CN.4/L.230
and Corr.1 (F)
(in Ybk,
1975, vI, (F)
1345th mtg (7 July 1975)) |
4. 28th
session of the International Law Commission (1976)
-
Tests adopted by the Committee: title of chapter III and
articles 15 bis and 16-18
|
- U.N.
Doc. A/CN.4/L.243
and Add.1 and Add.1/Corr.1 (F)
(in Ybk,
1976, vI, (F)
1401st to 1403rd mtgs (1 to 5 July 1976)) |
5. 29th
session of the International Law Commission (1977)
-
Text of article 20 adopted by the Drafting Committee
|
- U.N.
Doc. A/CN.4/L.263
(F)
(in Ybk,
1977, vI, (F)
1462nd mtg (18 July 1977)) |
-
Texts adopted by the Committee: revised text of article
20 and article 21-22
|
- U.N.
Doc. A/CN.4/L.263/Add.1
(F)
(in Ybk,
1977, vI, (F)
1469th mtg (26 July 1977)) |
6. 30th
session of the International Law Commission (1978)
-
Texts adopted by the Drafting Committee: articles 23-27
and title of chapter IV of the draft
|
- U.N.
Doc.
A/CN.4/L.271 and Add.1 (F)
(in Ybk,
1978, vI, (F)
1513th mtg (6 July 1978), and 1524th mtg (24 July 1978)) |
7. 31st
session of the International Law Commission (1979)
-
Texts adopted by the Drafting Committee: articles 28-32
and title of chapter V of the draft
|
- U.N.
Doc. A/CN.4/L.297
and Add.1 (F)
(in Ybk,
1979, vI, (F)
1567th mtg (10 July 1979) and 1579th mtg (30 July 1979)) |
8. 32nd
session of the International Law Commission (1980)
-
Texts of articles 33-35 adopted by the Drafting Committee
|
-
U.N. Doc. A/CN.4/L.318
(F)
(in Ybk,
1980, vI, (F)
1635th mtg (17 July 1980)) |
9. 35th
session of the International Law Commission (1983)
-
Texts adopted by the Drafting Committee: arts 1, 2, 3
and 5
|
- U.N.
Doc. A/CN.4/L.363
(F)
(in Ybk,
1983, vI, (F)
1805th mtg (15 July 1983)) |
10.
37th session
of the International Law Commission (1985)
-
Text adopted by the Drafting Committee: article 5
|
- U.N.
Doc. A/CN.4/L.395
(F)
(in Ybk,
1985, vI, (F)
1929th mtg (18 July 1985)) |
11.
44th session
of the International Law Commission (1992)
-
Titles and texts adopted by the Drafting Committee: Part.2,
[art. 6 to 10 bis and a new paragraph 2 for art.1]
|
- U.N.
Doc. A/CN.4/L.472
(F)
(in Ybk,
1992, vI, (F)
2288th mtg (20 July 1992)) |
12.
45th session
of the International Law Commission (1993)
-
Titles and texts adopted by the Drafting Committee on
first reading: Part.2
|
- U.N.
Doc. A/CN.4/L.480
and Corr.1 (French only) and Add.1 (F)
(in Ybk,
1993, vI, (F)
2318th mtg (13 July 1993)) |
13.
46th session
of the International Law Commission (1994)
-
Titles and texts as adopted by the Drafting Committee
at the forty-fifth and forty-sixth sessions of the Commission:
arts. 11 to 14
|
- U.N.
Doc. A/CN.4/L.501
(F)
(in Ybk,
1994, vI, (F)
2353rd mtg (21 June 1994) and 2366th mtg (13 July 1994)) |
14.
47th session
of the International Law Commission (1995)
-
Titles and texts adopted by the Drafting Committee: Part
Three and annex
|
- U.N.
Doc. A/CN.4/L.513
(F)
(in Ybk,
1995, vI, (F)
2417th mtg (14 July 1995)) |
15.
48th session
of the International Law Commission (1996)
-
Titles and texts adopted by the Drafting Committee: Part
1 of the draft articles adopted by the commission on first
reading at its thirty-second session, in 1980, and titles
and texts of parts 2 and 3 of the draft articles as provisionally
adopted by the Drafting Committee on first reading at
the forty-eighth session, in 1996
|
-
U.N. Doc. A/CN.4/L.524
and Corr.2 (F)
(in Ybk,
1996, vI, (F)
2452nd mtg (3 July 1996)) |
16.
50th session
of the International Law Commission (1998)
-
Draft articles provisionally adopted by the Drafting Committee
(Part One, chapters I and II)
|
-
U.N. Doc. A/CN.4/L.569
and Corr.1 (Spanish only) and Corr.2 (French only) (F) |
17.
51st session
of the International Law Commission (1999)
-
Titles and texts of draft articles adopted by the Drafting
Committee (Part One, chapters III-V)
|
-
U.N. Doc. A/CN.4/L.574
and Corr.1, 2 (French only) and 3 (F) |
18.
52nd session
of the International Law Commission (2000)
-
Texts of draft articles on State responsibility were provisionally
adopted by the Drafting Committee on second reading.
|
-
U.N. Doc. A/CN.4/L.600
(F,
S,
R,
C,
A) |
19.
53rd session
of the International Law Commission (2001)
-
Titles and texts of the draft articles on Responsibility
of States for internationally wrongful acts adopted by
the Drafting Committee on second reading.
- Statement of the Chairman of the Drafting Committee
(English only):
- First
statement made at the 2681st to 2683rd meetings,
held from 29 to 31 May 2001.
- Second
statement made by Mr. Giorgio Gaja on behalf of
the Chairman of the Drafting Committee, at the 2701st
meeting, held on 3 August 2001.
|
- U.N.Doc.
A/CN.4/L.602/Rev.1
(F,
S,
R,
C,
A)
(subsequently orally amended) and Corr.1 (Spanish
only) |
|
|
| F.
Comments by Governments |
|
1. 32nd
session of the International Law Commission (1980)
-
Observations and comments of Governments on chapters I,
II and III of Part I of the draft articles on State responsibility
for internationally wrongful acts
|
- U.N.
Doc. A/CN.4/328
and Add. 1-4 (F)
(in Ybk,
1980, vII(1) (F)) |
2. 33rd
session of the International Law Commission (1981)
-
Comments of Governments on Part I of the draft articles
on State responsibility for internationally wrongful acts
|
- U.N.
Doc.
A/CN.4/342 and Add. 1-4 (F)
in Ybk
, 1981, vII(1)
(F)) |
3. 34th
session of the International Law Commission (1982)
-
Comments and observations of Governments on part I of
the draft articles on State responsibility for internationally
wrongful acts
|
- U.N.
Doc. A/CN.4/351
and Add. 1 and 2/Corr.1 and Add.3/Corr.1 (F)
(in Ybk
, 1982, vII(1)
(F)) |
4. 35th
session of the International Law Commission (1983)
-
Comments and observations of Governments on part I of
the draft articles on State responsibility for internationally
wrongful acts
|
- U.N.
Doc. A/CN.4/362
(F)
(in Ybk,
1983, vII(1) (F)) |
5. 40th
session of the International Law Commission (1988)
-
Comments and observations of Governments on part 1 of
the draft articles on State responsibility for internationally
wrongful acts
|
- U.N.
Doc. A/CN.4/414
(F)
(in Ybk,
1988, vII(1) (F)) |
6. 50th
session of the International Law Commission (1998)
-
Comments and observations received from Governments
|
- U.N.
Doc. A/CN.4/488
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A),
Add.2
(F,
S,
R,
C,
A)
and Add.3
(F,
S,
R,
C,
A)
- ILC Report, A/53/10,
(F),
1998, chp. VII, paras. 246 and 261
|
7. 51st
session of the International Law Commission (1999)
-
Comments and observations received from Governments
|
- U.N.
Doc. A/CN.4/492
(F,
S,
R,
C,
A)
|
8. 53rd
session of the International Law Commission (2001)
-
Comments and observations received from Governments
|
-
U.N.Doc. A/CN.4/515
(F,
S,
R,
C,
A)
and Corr.1 (Arabic
only) and Add.1
(F,
S,
R,
C,
A),
Add.2
(F,
S,
R,
C,
A)
and Add.3
(F,
S,
R,
C,
A) |
|
|
| G.
Other |
|
1. 6th
session of the International Law Commission (1954)
-
Memorandum on the question of State Responsibility, submitted
by Mr. F.V. García-Amador
|
- U.N.
Doc. A/CN.4/80 (Spanish
only)
- ILC Report, A/2693
(A/9/9), 1954, chp. V(II), par.74 |
2. 15th
session of the International Law Commission (1963)
-
Working paper prepared by Mr. André Gros
|
- U.N.
Doc. A/CN.4/SC.1/WP.3 (in S,
(F)
U.N. Doc. A/5509, annex I, appendix II) |
-
Working document submitted by Mr. Senjin Tsuruoka
|
- U.N.
Doc. A/CN.4/SC.1/WP.4 (in Ybk,
1963, vII, (F)
U.N. Doc. A/5509, annex I, appendix II) |
-
Working paper prepared by Mr. Mustafa Kamil Yasseen
|
- U.N.
Doc. A/CN.4/SC.1/WP.5 (in Ybk,
1963, vII, (F)
U.N. Doc. A/5509, annex I, appendix II) |
-
Working paper prepared by Mr. Roberto Ago
|
- U.N.
Doc. A/CN.4/SC.1/WP.6 (in Ybk,
1963, vII, (F)
U.N. Doc. A/5509, annex I, appendix II) |
-
The social nature of personal responsibilities: working
paper prepared by Mr. Angel Modesto Paredes
|
- U.N.
Doc. A/CN.4/SC.1/WP.7 (in Ybk,
1963, vII, (F)
U.N. Doc. A/5509, annex I, appendix II) |
-
The duty to compensate for the nationalization of foreign
property: submitted by Mr. E. Jiménez de Aréchaga
|
- U.N.
Doc. ILC(XIV)/SC.1/WP.1 (in Ybk,
1963, vII, (F)
U.N. Doc. A/5509, annex I, appendix II) |
-
An approach to State responsibility: submitted by Mr.
Angel Modesto Paredes
|
- U.N.
Doc. ILC(XIV)/SC.1/WP.2 (in Ybk,
1963, vII, (F)
U.N Doc. A/5509, annex I, appendix II) |
2. 19th
session of the International Law Commission, (1967)
-
State responsibility: note by Mr. Roberto Ago, Special
Rapporteur
|
- U.N.
Doc. A/CN.4/196
(F)
(in Ybk,
1967, vII (F))
- ILC Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. III(A)(2), par. 42 |
3. 26th
session of the International Law Commission (1974)
-
Text for article 9, proposed by Mr. Ushakov
|
- U.N.
Doc. A/CN.4/L.208
(F)
(withdrawn - in Ybk,
1974, vI (F)
(1278th mtg (14 June 1974)) |
-
Proposals by Mr. Kearney concerning articles 7, 8 and
11
|
- U.N.
Doc. ILC
(XXVI)/Conf. Room Doc.2 (F)
(in Ybk,
1974, vI (F)
1258th mtg (16 May 1974)) |
4. 31st
session of the International Law Commission (1979)
-
text of article 28 proposed by Mr. Tsuruoka
|
- U.N.
Doc.
A/CN.4/L.289/Rev.1 (F)
(in Ybk,
1979, vI, (F)
1536th mtg (22 May 1979)) |
-
text of article 28 proposed by Mr. Jagota
|
- U.N.
Doc. A/CN.4/L.290
(F)
(in Ybk,
1979, vI, (F)
1535th mtg (21 May 1979)) |
-
text of article 29 proposed by Mr.Tsuruoka
|
- U.N.
Doc. A/CN.4/L.291
(F)
(in Ybk,
1979, vI, (F)
1540th mtg (28 May 1979) |
-
text of article 29 proposed by Mr. Jagota
|
- U.N.
Doc. A/CN.4/L.292
(F)
(in Ybk,
1979, vI, (F)
1542nd mtg (30 May 1979)) |
-
text of article 29 proposed by Mr. Ushakov
|
- U.N.
Doc. A/CN.4/L.293
(F)
(in Ybk,
1979, vI, (F)
1544th mtg (1 June 1979)) |
-
text of article 30 proposed by Mr. Jagota
|
- U.N.
Doc. A/CN.4/L.294
(F)
(in Ybk,
1979, vI, (F)
1545th mtg (5 June 1979)) |
-
text of article 30 proposed by Mr. Yankov
|
- U.N.
Doc. A/CN.4/L.295
(F)
(in Ybk,
1979, vI, (F)
1545th mtg (5 June 1979)) |
5. 47th
session of the International Law Commission (1995)
-
Draft articles, with commentaries, adopted by the Commission
for inclusion in Part Three and the Annex thereto
|
-
U.N. Doc. A/CN.4/L.520 |
-
Draft commentaries to articles 13 and 14 of Part Two of
the draft articles
|
- U.N.
Doc. A/CN.4/L.521 |
-
Draft commentary to article 11 of Part Two of the draft
article
|
- U.N.
Doc. A/CN.4/L.521/Add.1 |
6. 48th
session of the International Law Commission (1996)
-
Part One of the draft articles as adopted by the Commission
on first reading at its thirty-second
session in 1980 (arts.1 to 35) and texts and titles
of Parts Two (arts.36 to 53) and Three (arts.54 to 60)
of the draft articles as provisionally adopted by the
Drafting Committee on first reading at the forty-eighth
session in 1996 and annexes I and II
|
- U.N.
Doc. A/CN.4/L.524
and Corr.1 (French only) and 2 (English only) (F)
(cf. 2452nd mtg (3 July 1996), 2454th to 2459th mtgs (5 to
12 July 1996), 2468th to 2471st mtgs (23 July to 1 August
1996), and 2473rd mtg (26 July 1996)) |
-
Chapter III - introduction
|
- U.N.
Doc. A/CN.4/L.528 |
-
Recommendation of the ILC and tribute to Special Rapporteur
- Mr. Gaetano Arangio-Ruiz
|
- U.N.
Doc. A/CN.4/L.528/Add.1 |
-
Draft articles adopted on first reading - Text of articles
|
- U.N.
Doc. A/CN.4/L.528/Add.2 |
-
Draft articles adopted on first reading - Text of articles
with commentarie
|
- U.N.
Doc. A/CN.4/L.528/Add.3 |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its sixth
session, 3 June to 28 July 1954
-
The Commission took note of General Assembly resolution
799 (VIII) of 7 December 1953 requesting it to undertake,
as soon as it considered it advisable, the codification
of the principles of international law governing State
responsibility. The Commission decided not to begin work
on the subject for the time being, due to its heavy workload.
|
- ILC
Report, A/2693
(A/9/9), 1954, chp. V(II), par.74
- Ybk,
1954, vII |
2. Report
of the International Law Commission on the work of its seventh
session, 2 May to 8 July, 1955
-
The Commission decided to begin the study of the topic,
and appointed Mr. F.V. García-Amador as Special
Rapporteur for the topic.
- Discussion in plenary: 315th
mtg (20 June 1955)
|
- ILC
Report, A/2934
(A/10/9), 1955, chp. IV(III) and (IV), paras.31 and 33
- Ybk,
1955, vII
- Ybk,
1955, vI |
3. Report
of the International Law Commission on the work of its eighth
session, 23 April to 4 July 1956
-
The Commission considered the bases of discussion submitted
by the Special Rapporteur in chapter X of his report.
Without taking any decisions on the particular points
the Commission requested the Special Rapporteur to
continue his work in the light of the views expressed
by the members.
- Discussion in plenary:
370th (F),
371st
(F),
372nd
(F)
and 373rd
(F)
mtgs (19 to 22 June 1956)
|
- ILC
Report, A/3159
(F)
(A/11/9), 1956, chp. III(II), par.35
- Ybk,
1956, vII (F)
- Ybk,
1956, vI (F)
|
4. Report
of the International Law Commission on the work of its ninth
session, 23 April to 28 June 1957
-
The Commission held a general discussion on the basis
of the second report of the Special Rapporteur,
and requested that he continue his work.
- Discussion in plenary: 413th
(F),
414th (F),
415th
(F),
416th
(F)
and 418th
(F)
mtgs (7 to 17 June 1957)
|
- ILC
Report, A/3623
(F)
(A/12/9), 1957, chp. III(I), par.17
- Ybk,
1957, vII (F)
- Ybk,
1957, vI (F)
|
5. Report
of the International Law Commission on the work of its tenth
session, 28 April to 4 July 1958
-
The Commission was unable to consider the Special Rapporteur's
third report due to a lack of time.
|
- ILC
Report, A/3859
(F)
(A/13/9), 1958, chp. IV(I), par.54
- Ybk,
1958, vII (F) |
6. Report
of the International Law Commission on the work of its eleventh
session, 20 April to 26 June 1959
-
The Commission held a brief discussion on the subject
of State responsibility. It heard a report for the representatives
of the Harvard Law School of the work being undertaken
by the School on this subject.
- Discussion in plenary: 512th
(F)
and 513rd
(F)
mtgs (10 and 11 June 1959)
|
-
ILC Report, A/4169
(F)
(A/14/9), 1959, chp. I(III), par.7
- Ybk,
1959, vII (F)
- Ybk,
1959, vI (F)
|
7. Report
of the International Law Commission on the work of its twelfth
session, 25 April to 1 July 1960
-
The Commission held a brief discussion on the subject
of State Responsibility, in the course of which it heard
a statement by Mr. Antonio Gómez Robledo, observer
of the Inter-American Juridical Committee, and also a
statement by Professor Louis B. Sohn on the work currently
being undertaken in this field as part of the programme
of International Legal Studies of the Harvard Law School.
- Discussion in plenary: 566th
(F)
mtg (20 June 1960) and 568th
(F)
mtg (21 June 1960)
|
-
ILC Report, A/4425
(F)
(A/15/9), 1960, chp. I(III), par.7
- Ybk,
1960, vII (F)
- Ybk,
1960, vI (F)
|
8. Report
of the International Law Commission on the work of its thirteenth
session, 1 May to 7 July 1961
-
The Commission was unable to consider the topic during
the session.
|
- ILC
Report, A/4843
(F)
(A/16/9), 1961, chp. I(III), par.7
- Ybk,
1961, vII (F) |
9. Report
of the International Law Commission on the work of its fourteenth
session, 24 April to 29 June 1962
-
In pursuance of G.A. Res. 1686 (XVI) of 18 December 1961,
the Commission held a debate on its programme of future
work in the field of State responsibility. The idea that
the topic of State responsibility should be one of those
which should receive priority met with the general approval
of the Commission. There were divergent views, however,
concerning the best approach to the study of the question
and the issues the study should cover. As a result, the
Commission decided to set up a Subcommittee whose task
was to submit to the Commission at its next session a
preliminary report containing suggestions concerning the
scope and approach of the future study. The Subcommittee
met and agreed on several preliminary decisions.
- Discussion in plenary: 629th
(F),
630th
(F),
631st (F),
632nd
(F),
633rd
(F),
634th
(F),
635th (F),
636th
(F),
and
637th (F)
mtgs (25 April to 7 May 1962) and 668th
(F)
mtg (26 June 1962)
|
-
ILC Report, A/5209
(F)
(A/17/9), 1962, chps. III(I) and IV(II), paras.33-48, 67-69
- Ybk,
1962, vII (F)
- Ybk,
1962, vI (F)
|
10.
Report of the International Law Commission on the work of
its fifteenth
session, 6 May to 12 July 1963
-
Considered and adopted the report of the Sub-Committee
on State Responsibility containing the following general
conclusions: (1) that, in an attempt to codify the topic
of State Responsibility, priority should be given to the
definitions of the general rules governing the international
responsibility of the State, and (2) that in defining
these general rules the experience and material gathered
in certain special sectors, specially that of responsibility
for injuries to the persons or property of aliens, should
not be overlooked and that careful attention should be
paid to the possible repercussions which developments
in international may have had on responsibility. Appointed
Mr. Roberto Ago as Special Rapporteur for the topic
of State responsibility.
- Discussion in Plenary: 686th
(F)
mtg (24 May 1963)
|
- ILC
Report, A/5509
(F)
A/18/9), 1963, chp. IV, paras.51-55
- Ybk,
1963, vII (F)
- Ybk,
1963, vI (F) |
11.
Report of the International Law Commission on the work of
its nineteenth
session, 8 May to 14 July 1967
-
The Commission discussed a note submitted to it by the
Special Rapporteur, and confirmed its instructions
given to him at the fifteenth
session in 1963.
- Discussion in Plenary: 934th
(F)
and 935th
(F)
mtgs (6 July 1967)
|
- ILC
Report, A/6709/Rev.1
(F)
(A/22/9), 1967, chp. III(A)(2), par. 42
- Ybk,
1967, vII (F)
-
Ybk,
1967, vI (F)
|
12.
Report of the International Law Commission on the work of
its twenty-first
session, 2 June to 8 August 1969
-
Discussed Special Rapporteur's first report. Agreed
that the codification of the topic should not start with
a definition of the contents of those rules of international
law which laid obligations upon States in one or the other
sector of inter-State relations. The starting point should
be the imputability to a State of the violation of one
of the obligations arising from those rules, irrespective
of their origin, nature and object. The Commission laid
down the following criteria as a guide for its future
work on the topic: a) the Commission intended to confine
its study of international responsibility, for the time
being, to the responsibility of States; b) it would first
examine the question of the responsibility of States for
internationally wrongful acts. The question of responsibility
arising from certain lawful acts, such as space and nuclear
activities, would be examined as soon as the Commission's
programme of work permitted; c) it agreed to concentrate
its study on the determination of the principles which
govern the responsibility of States for internationally
wrongful acts, maintaining a strict distinction between
this task and that of defining the rules that place obligations
on States, the violation of which may generate responsibility;
and d) the study would comprise two broad separate phases,
the first covering the origin of international responsibility
and the second the content of that responsibility.
- Discussion in Plenary: 1011th
(F),
1012th
(F)
and 1013th
(F)
mtgs (30 June and 1 to 2 July 1969), and 1036th
(F)
mtg (5 August 1969)
|
-
ILC Report, A/7610/Rev.1
(F)
(A/24/10), 1969, chp. IV, paras.64-84
- Ybk,
1969, vII
(F)
- Ybk,
1969, vI (F)
|
13.
Report of the International Law Commission on the work of
its twenty-second
session, 4 May to 10 July 1970
-
Discussed the second report of the Special Rapporteur,
Mr. Roberto Ago. It was agreed that he would include in
a third, more extensive report the part which had been
examined during the session, revised in the light of the
discussion.
- Discussion in Plenary: 1074th
(F),
1075th
(F)
and 1076th
(F)
mtgs (22 to 24 June 1970), and 1079th
(F),
1080th
(F)
and
1081st (F)
mtgs (29 June to 2 July 1970)
|
- ILC
Report, A/8010/Rev.1
(F)
(A/25/10), 1970, chp. IV. paras.64-83
- Ybk,
1970, vII (F)
- Ybk,
1970, vI (F)
|
14.
Report of the International Law Commission on the work of
its twenty-third
session, 26 April to 30 June 1971
-
The Special Rapporteur submitted his third report.
|
- ILC
Report, A/8410/Rev.1
(F)
(A/26/10), 1971, chp. III(C), paras. 99-105
- Ybk,
1971, vII(1) (F)
|
15.
Report of the International Law Commission on the work of
its twenty-fourth
session, 2 May to 7 July 1972
-
The Commission was unable to discuss the fourth report
of the Special Rapporteur.
|
- ILC
Report, A/8710/Rev.1
(F)
(A/27/10), 1972, chp. IV(B), paras. 72-73
- Ybk,
1972, vII (F) |
16.
Report of the International Law Commission on the work of
its twenty-fifth
session, 7 May to 13 July 1973
-
Considered chapter 1 and sections 1 to 3 of chapter 2
of the Special Rapporteur's third report. Adopted
on first reading articles 1 to 4 (chapter 1: General principles)
and articles 5 and 6, with commentaries.
- Discussion in Plenary: 1202nd
(F),
1203rd
(F),
1204th
(F),
1205th
(F),
1206th
(F),
1207th
(F),
1208th
(F),
1209th
(F),
1210th
(F),
1211th
(F),
1212th
(F)
and 1213th
(F)
mtgs (9 to 24 May 1973),
1215th (F)
mtg (28 May 1973), and 1225th
(F)
and 1226th
(F)
mtgs (12 to 13 June 1973)
|
-
ILC Report, A/9010/Rev.1
(F)
(A/28/10), 1973, chp. II, paras. 12-58
- Ybk,
1973, vII (F)
- Ybk,
1973, vI (F) |
17.
Report of the International Law Commission on the work of
its twenty-sixth
session, 6 May to 26 July 1974
-
Continued its consideration of draft chapter II. On the
basis of the Special Rapporteur's third report
as well as the report of the Drafting Committee, the Commission
adopted draft articles 7-9 (completing chapter 2: The
"act of the State" according to international law).
- Discussion in Plenary: 1251st
(F),
1252nd
(F)
and 1253rd
(F)
mtgs (7 to 9 May 1974), 1255th
(F),
1256th
(F),
1257th
(F),
1258th
(F),
1259th
(F),
1260th
(F),
1261st
(F),
1262nd
(F)
and 1263rd
(F)
mtgs (10 to 23 May 1974), and 1278th
(F)
mtg (14 June 1974)
|
-
ILC Report, A/9610/Rev.1
(F)
(A/29/10), 1974, chp. III, paras.86-123
- Ybk,
1974, vII(1) (F)
- Ybk,
1974, vI (F) |
18.
Report of the International Law Commission on the work of
its twenty-seventh
session, 5 May to 25 July 1975
-
Completed its study of chapter II ("The 'act of State'
according to international law") and completed its consideration
of the Special Rapporteur's fourth report. Adopted
draft articles 10-15, with commentaries.
- Discussion in Plenary: 1303rd
(F),
1304th
(F),
1305th
(F),
1306th
(F),
1307th
(F),
1308th
(F),
1309th
(F),
1310th (F),
1311th
(F),
1312th
(F),
1313th
(F),
1314th
(F),
1315th
(F),
1316th
(F)
and 1317th
(F)
mtgs (6 to 27 May 1975), and 1345th
(F)
mtg (7 July 1975)
|
-
ILC Report, A/10010/Rev.1
(F)
(A/30/10), 1975, chp. II, paras. 9-52
- Ybk,
1975, vII (F)
- Ybk,
1975, vI (F) |
19.
Report of the International Law Commission on the work of
its twenty-eighth
session, 3 May to 23 July 1976
-
On the basis of the Special Rapporteur's fifth
report, the Commission was able to take up the various
questions raised by chapter III of the draft. Following
the report of the Drafting Committee, the Commission adopted
draft articles 16 to 19 on first reading with commentaries
thereto.
- Discussion in Plenary: 1361st
(F),
1362nd
(F),
1363rd
(F),
1364th (F),
1365th
(F),
1366th
(F),
1367th
(F),
1368th
(F),
1369th
(F),
1370th
(F),
1371st
(F),
1372nd
(F),
1373rd
(F),
1374th (F),
1375th
(F)
and
1376th (F)
mtgs (4 to 25 May 1976), and 1401st
(F),
1402nd
(F)
and
1403rd (F)
mtgs (1 to 5 July 1976)
|
-
ILC Report, A/31/10,
(F),
1976, chp. III, paras.61-78
- Ybk,
1976, vII(2)
(F)
- Ybk,
1976, vI (F) |
20.
Report of the International Law Commission on the work of
its twenty-ninth
session, 9 May to 29 July 1977
-
The Commission had before it the sixth report of the Special
Rapporteur. It referred the outstanding parts of Chapter
III to the Drafting Committee, and subsequently adopted
on first reading the texts of articles 20 to 22 proposed
by the Drafting Committee, with commentaries.
- Discussion in Plenary: 1454th
(F),
1455th
(F),
1456th
(F)
and 1457th
(F)
mtgs (6 to 11 July 1977), 1460th
(F),
1461st
(F),
1462nd
(F)
and 1463th
(F)
mtgs (14 to 19 July 1977) , and 1465th
(F),
1466th
(F),
1467th
(F),
1468th
(F)
and 1469th
(F)
mtgs (20 to 26 July 1977)
|
-
ILC Report, A/32/10,
(F),
1977, chp. II, paras.13-31
- Ybk,
1977, vII(2) (F)
- Ybk,
1977, vI (F)
|
21.
Report of the International Law Commission on the work of
its thirtieth
session, 8 May to 28 July 1978
-
Took into consideration oustanding questions involved
in chapter III of the draft, the subject-matter of chapter
IV of the draft, the questions dealt with in the Special
Rapporteur's seventh report and the related articles
referred to the Drafting Committee. Adopted articles 23
to 27 on first reading, with commentaries, and considered
the questions dealt with in chapter IV.
- Discussion in Plenary: 1476th
(F),
1477th
(F),
1478th
(F),
1479th
(F),
1480th
(F),
1481st
(F)
and
1482nd (F)
mtgs (10 to 19 May 1978),
1513th (F)
mtg (6 July 1978),
1516th (F),
1517th
(F),
1518th
(F)
and 1519th
(F)
mtgs (12 to 18 July 1978), and 1524th
(F)
mtg (24 July 1978)
|
-
ILC Report, A/33/10,
(F),
1978, chp. III, paras. 75-94
- Ybk,
1978, vII(2) (F)
- Ybk,
1978, vI (F)
|
22.
Report of the International Law Commission on the work of
its thirty-first
session, 14 May to 3 August 1979
-
Considered the eighth report of the Special Rapporteur
and adopted on first reading the texts of articles 28
to 32, with commentaries. Appointed Mr. Willem Riphagen
as Special Rapporteur.
- Discussion in Plenary: 1532nd
(F),
1533rd
(F),
1534th
(F),
1535th
(F),
1536th
(F),
1537th
(F)
and 1538th
(F)
mtgs (16 to 24 May 1979), 1540th
(F)
mtg (28 May 1979), 1542nd
(F),
1543rd
(F),
1544th
(F)
and 1545th
(F)
mtgs (30 May to 5 June 1979), 1567th
(F)
mtg (10 July 1979), 1569th
(F),
1570th
(F),
1571st (F),
1572nd
(F)
and 1573rd
(F)
mtgs (16 to 20 July 1979), and 1579th
(F)
mtg (30 July 1979)
|
-
ILC Report, A/34/10,
(F),
1979, chp. III, paras. 56-75
- Ybk,
1979, vII(2) (F)
- Ybk,
1979, vI (F)
|
23.
Report of the International Law Commission on the work of
its thirty-second
session, 5 May to 25 July 1980
-
The Commission provisionally adopted the draft articles
33 to 35 on the origin of international responsibility,
thus completing its first reading of Part I of the the
draft, with commentaries. It also began consideration
of Part II on the basis of the preliminary report of the
Special Rapporteur.
- Discussion in Plenary:1597th
(F),
1598th
(F),
1599th
(F),
1600th
(F)
and 1601st
(F)
mtgs (27 May to 2 June 1980), 1612th
(F),
1613th
(F),
1614th
(F),
1615th
(F),
1616th
(F),
1617th
(F),
1618th (F),
1619th
(F),
1620th
(F)
and 1621st
(F)
mtgs (16 to 27 June 1980), 1627th
(F),
1628th
(F)
and 1629th
(F)
mtgs (7 to 9 July 1980), and 1635th
(F)
mtg (17 July 1980)
|
-
ILC Report, A/35/10,
(F),
1980, chp. III, paras. 17-48
- Ybk,
1980, vII(2) (F)
- Ybk,
1980,vI (F)
|
24.
Report of the International Law Commission on the work of
its thirty-third
session, 4 May to 24 July 1981
|
- ILC
Report, A/36/10,
(F),
1981, chp. IV, paras. 130-161
- Ybk,
1981, vII(2) (F)
- Ybk,
1981,vI (F)
|
25.
Report of the International Law Commission on the work of
its thirty-fourth
session, 3 May to 23 July 1982
-
Following a discussion on the basis of the third report
of the Special Rapporteur, the Commission decided
to refer articles 1-6, as proposed in the third report,
and to confirm the referral of articles 1-3, as proposed
in the second report, to the Drafting Committee.
- Discussion in Plenary:
1731st (F),
1732nd
(F),
1733rd
(F)
and 1734th
(F)
mtgs (21 to 24 June 1982), and 1736th
(F),
1737th
(F)
and 1738th
(F)
mtgs (29 June to 1 July 1982)
|
-
ILC Report, A/37/10,
(F),
1982, chp. III, paras. 64-103
- Ybk,
1982, vII(2) (F)
- Ybk,
1982, vI (F)
|
26.
Report of the International Law Commission on the work of
its thirty-fifth
session: 3 May - 22 July 1983
-
Following a discussion of the fourth report of the Special
Rapporteur, the Commission generally agreed that,
for the time being, the Commission should work from the
perspective of drafting articles which would ultimately
be embodied in a general convention on State responsibility,
covering every aspect of the topic. The Commission provisionally
adopted draft articles 1, 2, 3, and 5 (subsequently renumbered
4) of Part II, with commentaries.
-Discussion in Plenary: 1771st
(F),
1772nd
(F)
and
1773rd (F)
mtgs (31 May to 2 June 1983), 1775th
(F),
1776th
(F),
1777th
(F),
1778th
(F),
1779th (F)
and 1780th
(F)
mtgs (6 to 13 June 1983), and 1805th
(F)
and 1806th
(F)
mtgs (15 and 18 July 1983)
|
-
ILC Report, A/38/10,
(F),
1983, chp. IV, paras.97-133
- Ybk,
1983, vII(2)
(F)
- Ybk,
1983, vI (F)
|
27.
Report of the International Law Commission on the work of
its thirty-sixth
session, 7 May to 27 July 1984
-
The Commission, after considering the Special Rapporteur's
fifth report, referred draft articles 5 and 6 to the Drafting
Committee on the understanding that members which had
not, at the present session, found the occasion to present
their comments on those articles could do so at an early
stage of the next session, in order that the Drafting
Committee could also take those comments into account.
- Discussion in Plenary: 1858th
(F)
mtg (10 July 1984), 1860th
(F)
and 1861st
(F)
mtgs (12 and 13 July 1984), 1865th
(F),
1866th
(F)
and 1867th
(F)
mtgs (18 to 20 July 1984)
|
-
ILC Report, A/39/10,
(F),
1984, chp. VII, paras.344-380
- Ybk,
1984, vII(2) (F)
- Ybk,
1984, vI (F)
|
28.
Report of the International Law Commission on the work of
its thirty-seventh
session, 6 May to 26 July 1985
-
Following discussion on the basis of the Special Rapporteur's
sixth report, the Commission referred draft articles 7
to 16 to the Drafting Committee. The Commission provisionally
adopted article 5, with a commentary.
- Discussion in Plenary: 1890th
(F),
1891st
(F),
1892nd
(F),
1893rd
(F),
1894th
(F),
1895th
(F),
1896th
(F),
1897th
(F),
1898th
(F),
1899th
(F),
1900th, (F),
1901st (F)
and 1902nd
(F)
mtgs (29 May to 13 June 1985), 1929th
(F)
and 1930th
(F)
mtgs (18 July 1985))
|
-
ILC Report, A/40/10,
(F),
1985, chp. III, paras.102-163
- Ybk,
1985, vII(2)
(F)
- Ybk,
1985, vI (F)
|
29.
Report of the International Law Commission on the work of
its thirty-eighth
session, 5 May to 11 July 1986
-
Following discussion on the basis of the seventh report
of the Special Rapporteur, the Commission referred
draft articles 1 to 5 and the annex of part 3 to the Drafting
Committee.
- Discussion in Plenary: 1952nd
(F),
1953rd
(F),
1954th
(F),
1955th
(F)
and 1956th
(F)
mtgs (26 to 30 May 1986), and 1980th
(F)
mtg (2 July 1986))
|
-
ILC Report, A/41/10,
(F),
1986, chp. IV, paras.34-65 - Ybk, 1986, vII(2)
- Ybk,
1986, vI (F)
|
30.
Report of the International Law Commission on the work of
its thirty-ninth
session, 4 May to 17 July 1987
-
Appointed Mr. Gaetano Arangio-Ruiz Special Rapporteur
for the topic.
-
Discussion in Plenary: 2016th
(F)
mtg (17 June 1987)
|
- ILC
Report, A/42/10,
(F),
1987, chp. VI(A), par.220
- Ybk,
1987, vII(2) (F)
-
Ybk,
1987, vI (F)
|
31.
Report of the International Law Commission on the work of
its fortieth
session, 9 May to 29 July 1988
-
Unable to consider topic but allowed Special Rapporteur
to introduce his report. - Discussion in Plenary:
2081st
(F)
and 2082nd
(F)
mtgs (19 and 20 July 1988)
|
- ILC
Report, A/43/10,
(F),
1988, chp. VII, paras.521-547
- Ybk,
1988, vII(2) (F)
-
Ybk,
1988, vI (F)
|
32.
Report of the International Law Commission on the work of
its forty-first
session, 2 May to 21 July 1989
-
Considered the preliminary report of the Special Rapporteur,
but deferred consideration of the Special Rapporteur's
second report to the next session. Referred draft articles
6 and 7, as submitted in the Preliminary Report, to the
Drafting Committee.
- Discussion in Plenary: 2102nd
(F),
2103rd
(F),
2104th
(F)
and 2105th
(F)
mtgs (16 to 19 May), 2122nd
(F)
mtg (21 June 1989) and 2127th
(F)
mtg (28 June 1989)
|
-
ILC Report, A/44/10,
(F),
1989, chp. IV, paras.218-302
- Ybk,
1989, vII(2) (F)
- Ybk,
1989, vI (F)
|
33.
Report of the International Law Commission on the work of
its forty-second
session, 1 May to 20 July 1990
|
- ILC
Report, A/45/10,
(F),
1990, chp. V, paras.314-413
-
Ybk, 1990, vII(2) (F)
- Ybk,
1990, vI (F)
|
34.
Report of the International Law Commission on the work of
its forty-third
session, 29 April to 19 July 1991
-
Despite being unable to consider topic due to a lack of
time, the Commission allowed the Special Rapporteur
to introduce his third report.
- Discussion in Plenary: 2238th
(F)
mtg (10 July 1991)
|
-
ILC Report, A/46/10,
(F),
1991, chp. VII, paras.302-322
- Ybk,
1991, vII(2)(F)
-
Ybk,
1991, vI (F)
|
35.
Report of the International Law Commision on the work of
its forty-fourth
session, 4 May to 24 July 1992
-
The Commission took note of the report of the Drafting
Committee on the draft articles contained in the preliminary
and second reports of the Special Rapporteur (the
Committee had adopted, on the first reading a new para.
2 to be included in article 1, as well as articles 6,
6bis, 7, 8, 10 and 10 bis) and agreed to
defer action on the proposed draft articles to its next
session. After hearing the Special Rapporteur's
presentation, the Commission considered draft articles
11 to 14 and article 5 bis contained in the fourth
report and decided to refer them to the Drafting Committee.
- Discussion in Plenary: 2265th
(F),
2266th
(F)
and 2267th
(F)
mtgs (26 to 29 May 1992), 2273rd
(F),
2274th
(F),
2275th
(F),
2276th
(F),
2277th
(F),
2278th
(F),
2279th
(F)
and 2280th
(F)
mtgs (16 June to 2 July 1992), 2283rd
(F)
mtg (10 July 1992), and 2288th
(F)
and 2289th
(F)
mtgs (20 July 1992)
|
-
ILC Report, A/47/10,
(F),
1992, chp. III, paras. 105-276
- Ybk,
1992, vII(2) (F)
- Ybk,
1992, vI(F)
|
36.
Report of the International Law Commission on the work of
its forty-fifth
session, 3 May to 23 July 1993
-
The Special Rapporteur introduced his fifth report.
The Commission referred the following draft articles to
the Drafting Committee: conciliation (art.1), task of
the Conciliation Commission (art.2), arbitration (art.3),
terms of reference of the Arbitral Tribunal (art.4), judicial
settlement (art.5), excès du pouvoir or
violation of fundamental principles of arbitral procedure
(art.6), accompanied by an annex: composition of the Conciliation
Commission (art.1), task of the Conciliation Comission
(art.2), composition of the Arbitral Tribunal (art.3);
the consequences of the so-called international "crimes"
of States (article19 of Part One of the draft). Provisionally
adopted a new para. 2 to be included in article 1 of part.2
of the draft as well as articles 6, 6 bis, 7, 8,
10 and 10 bis, with commentaries, also for inclusion
in part 2 of the draft. Agreed to defer action on the
proposed draft articles 11, 12, 13 and 14, adopted by
the Drafting Committee on first reading.
- Discussion in Plenary: 2305th
(F),
2306th (F),
2307th
(F),
2308th
(F),
2309th
(F)
and 2310th
(F)
mtgs (10 to 22 June 1993), 2314th
(F),
2315th
(F)
and
2316th (F)
mtgs (30 June to 6 July 1993), and
2318th (F)
mtgs (13 July 1993)
|
-
ILC Report, A/48/10,
(F),
1993, chp.IV, paras.193-335
- Ybk,
1993, vII(2) (F)
- See topical summary of debate in the Sixth Committee
(A/CN.4/457 (E,
R,
C,
A))
- Ybk,
1993, vI (F)
|
37.
Report of the International Law Commission on the work of
its forty-sixth
session, 2 May to 22 July 1994
-
The Commission considered chapter II of the fifth report
and chapter III of the sixth report of the Special
R apporteur, both devoted to the question of the consequences
of internationally wrongful acts characterized as crimes
under article 19 of part one of the draft articles; and
chapter II of the sixth report which presented a reappraisal
of the pre-countermeasures dispute settlement provisions
so far envisaged for the draft on State responsibility.
On the basis of the recommendations of the Drafting Committee,
as submitted at the previous and present sessions, the
Commission provisionally adopted articles 11, 13 and 14.
It deferred action on article 12 and decided that it may
have to review article 11 in the light of the text it
would eventually adopt for article 12.
- Discussion in Plenary:
2338th
(F),
2339th (F),
2340th
(F),
2341st
(F),
2342nd
(F)
and
2343rd (F)
mtgs (16 to 26 May 1994), 2348th
(F)
mtg (2 June 1994), 2353rd
(F)
mtg (21 June 1994), 2366th
(F)
and 2367th
(F)
mtgs (13 and 15 July 1994)
|
- ILC
Report, A/49/10,
(F),
1994, chp. IV, paras.223-353
- Ybk,
1994, vII (2) (F)
- See topical summary of debate in the Sixth Committee
(A/CN.4/464 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)
and Add.2 (E,
F,
S,
R,
C,
A))
- Ybk,
1994, vI (F)
|
38.
Report of the International Law Commission on the work of
its forty-seventh
session, 2 May to 21 July 1995
-
The Commission, after considering the Special Rapporteur's
seventh report, decided to refer the draft articles contained
therein to the Drafting Committee. The Commission received
from the Drafting Committee a set of seven articles and
an annex constituting Part Three of the draft on the settlement
of disputes: arts.1 to 7, plus arts.1 and 2 of the Annex,
with commentaries. The Commission adopted the above-mentioned
arts. and the Annex thereto in an amended form for inclusion
in part three of the draft. As regards provisions on countermeasures,
it also adopted arts. 13 and 14, with commentaries.
- Discussion in Plenary: 2391st
(F),
2392nd
(F),
2393rd
(F),
2394th
(F),
2395th
(F),
2396th
(F),
2397th
(F)
and 2398th
(F)
mtgs (31 May to 9 June 1995),
2405th (F)
and 2406th
(F)
mtgs (27 to 28 June 1995), 2417th
(F)
mtg (14 July 1995) and 2420th
(F)
and
2421st (F)
mtgs (18 July 1995)
|
- ILC
Report, A/50/10,
(F),
1995, chp. IV, paras. 230-365
- Ybk,
1995, vII (2) (F)
- See topical summary of debate in the Sixth Committee
(A/CN.4/472 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A))
- Ybk,
1995, vI (F)
|
39.
Report of the International Law Commission on the work of
its forty-eighth
session, 6 May to 26 July 1996
-
The Commission, after considering the Special Rapporteur's
eighth report, and the report of the Drafting Committee
(which completed its first reading of draft articles of
Parts Two and Three), decided to transmit a set of 60
draft articles (with annexes) on State responsibility,
provisionally adopted on first reading, 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 1998.
- Discussion in Plenary: 2436th
(F)
mtg (5 June 1996), 2438th
(F)
mtg (7 June 1996), 2452nd
(F)
mtg (3 July 1996), 2454th
(F),
2455th
(F),
2456th
(F),
2457th
(F),
2458th
(F)
and 2459th
(F)
mtgs (5 to 12 July 1996), 2468th
(F),
2469th
(F),
2470th
(F)
and 2471st
(F)
mtgs (23 July to 1 August 1996), and 2473rd
(F)
mtg (26 July 1996)
|
- ILC
Report, A/51/10,
(F),
1996, chp. III, paras.51-66
- Ybk,
1996, vII (2) (F)
- Texts
and commentaries (32mb) of the draft articles adopted
by the Commission on first reading (F
32mb)
- See topical summary of debate in the Sixth Committee
(A/CN.4/479 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)
and Corr.1 (F
only))
- Ybk,
1996, vI (F)
|
40.
Report of the International Law Commission on the work of
its forty-ninth
session, 12 May to 18 July 1997
-
The Commission, after considering the report of the Working
Group on the topic established at the present session
to address matters dealing with the second reading of
the topic, decided to proceed, at its next session, to
the second reading of the topic with a view to completing
work by the end of the quinquennium. It also decided on
certain procedural and methodological issues. The Commmission
appointed Mr. J. Crawford Special Rapporteur for
the topic, and requested that he submit a report for consideration
by the Commission at its next session.
- Discussion in Plenary: 2477th
(F)
mtg (15 May 1997) and 2504th
(F)
mtg (3 July 1997)
|
- ILC
Report, A/52/10,
(F),
1997, chp. VI, paras.158-161
- Ybk,
1997, vII (2) (F)
- See topical summary of debate in the Sixth Committee
(A/CN.4/483 (E,
F,
S,
R,
C,
A))
- Ybk,
1997, vI (F)
|
41.
Report of the International Law Commission on the work of
its fiftieth
session, 20 April to 12 June 1998 and 27 July to 14
August 1998
-
The Commission, after considering the report of the Special
Rapporteur and the comments and observations received
from Governments, established a Working Group to assist
the Special Rapporteur in the consideration of various
issues during the second reading of the draft articles.
The Commission decided to refer draft articles 1 to 15
to the Drafting Committee. The Commission took note of
the report of the Drafting Committee on articles 1, 3,
4, 5, 7, 8, 8 bis, 9, 10, 15, 15 bis and A. It also took
note of the deletion of articles 2, 6 and 11 to 14.
- Discussion in Plenary: 2532nd
(F),
2533rd (F),
2534th
(F),
2535th
(F),
2536th
(F),
2537th
(F),
2538th
(F),
2539th
(F)
and
2540th (F)
(19 May to 3 June 1998), 2546th
(F)
and
2547th (F)
(11 June 1998), 2553rd
(F),
2554th (F),
2555th
(F)
and 2556th
(F)
(31 July to 5 August 1998), 2558th
(F)
mtgs (7 August 1998) and 2562nd
(F)
mtg (13 August 1998)
|
- ILC
Report, A/53/10,
(F),
1998, chp. VII, paras.202-451
- Ybk,
1998, vII (2) (F)
- See topical summary of debate in the Sixth Committee
(A/CN.4/496 (E,
F,
S,
R,
C,
A))
- Ybk,
1998, vI (F)
|
42.
Report of the International Law Commission on the work of
its fifty-first
session, 3 May to 23 July 1999
-
The Commission continued its consideration of Part One
of the draft articles, specifically chapters III to V,
and the question of countermeasures, on the basis of comments
and observations received from Governments on the draft
articles provisionally adopted on first reading and the
second report of the Special Rapporteur. The Commission
decided to refer the following draft articles to the Drafting
Committee: 16 to 18(1) and (2), 19(1), 18(3) to (5), 20
to 26 bis, 27 to 28 bis, 29, 29 bis
and 29 ter (1), 34 bis (1) and 35, 31 to
33, and 30. The Commission took note of the report of
the Drafting Committee on articles 16, 18, 24, 25, 27,
27 bis, 28, 28 bis, 29, 29 bis, 29
ter, 31, 32, 33 and 35. It also took note of the
deletion of articles 17, 19(1), 20, 21, 22, 23, 26 and
34.
- Discussion in Plenary: 2566th
(F),
2567th (F),
2568th
(F),
2569th
(F),
2570th
(F)
and 2571st
(F),
2573rd
(F)
and 2574th
(F),
2576th
(F),
2577th
(F)
and 2578th
(F),
2587th
(F),
2588th
(F),
2589th
(F),
2590th
(F),
2591st
(F)
and 2592nd
(F),
2599th (F)
and 2600th
(F)
mtgs (4 to 28 May, 15 to 23 June and 8 to 9 July 1999),
2605th
(F)
and
2606th (F)
mtgs (19 July 1999)
|
- ILC
Report, A/54/10,
(F),
1999, chp. V, paras. 49-453
- Ybk,
1999, vII (2) (F)
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/504 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A))
- Ybk,
1999, vI (F)
|
43.
Report of the International Law Commission on the work of
its fifty-second
session, 1 May - 9 June and 10 July - 18 August 2000
-
The Commission continued its consideration of the draft
articles provisionally adopted on first reading and of
the third report of the Special Rapporteur, Mr. James
Crawford. That report continued the task, begun in 1998,
of considering draft articles in the light of the comments
by Governments and developments in State practice, judicial
decisions and literature. The Commission decided to refer
the following articles to the Drafting Committee: 36,
36 bis, 37 bis, 38, 40 bis, 43, 44, 45, 45 bis, 46 bis,
46 ter, 46 quater, 46 quinquies, 46 sexies, 30, 47, 47
bis, 48, 49, 50, 50 bis, 50 A, 50 B, 51 and the texts
contained in footnotes 801 and 810 of A/CN.4/507/Add.4.
The Commission took note of the report of the Drafting
Committee on the entire draft articles (A/CN.4/L.600)
which were provisionally adopted by the Drafting Committee.
- Discussion in Plenary:
2613th (F),
2614th
(F),
2615th
(F)
and 2616th
(F),
2621st
(F),
2622nd
(F),
2623rd
(F),
2634th
(F),
2635th
(F),
2636th
(F),
2637th
(F),
2638th
(F),
2639th
(F),
2640th
(F),
2644th
(F),
2645th
(F),
2646th
(F),
2647th
(F),
2648th
(F),
2649th
(F),
2650th
(F),
2651st
(F),
2652nd
(F),
2653rd
(F)
and 2662nd
(F)
mtgs (2 to 5 May, 16 to 18 May, 8 to 9 June, 10 to 14
July, 21 July to 8 August and 17 August 2000).
|
- ILC
Report, A/55/10,
2000, chp.IV, paras.28-405
- Ybk,
2000, vII (2) (F)
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/513 (E,
F,
S,
R,
C,
A))
- Ybk,
2000, vI (F)
|
44.
Report of the International Law Commission on the work of
its fifty-third
session 23 April - 1 June and 2 July - 10 August 2001
-
The Commission had before it comments and observations
received from Governments on the draft articles provisionally
adopted by the Drafting Committee at the previous session,
as well as the fourth report of the Special Rapporteur,
Mr. James Crawford. The report addressed the main issues
relating to the draft articles in the light of the comments
and observations received from Governments. The Commission
decided to refer the entire draft articles to the Drafting
committee. It also decided to establish two Working Groups
on the topic. The Commission subsequently adopted the
entire draft articles on Responsibility of states for
internationally wrongful acts, with commentaries.
- Discussion in Plenary: 2665th
(F),
2667th
(F),
2668th
(F),
2669th
(F),
2670th
(F),
2671st
(F),
2672nd
(F),
2673rd
(F),
2674th
(F)
(23 April to 8 May 2001), 2681st
(F),
2682nd
(F),
2683rd
(F)
(29 to 31 May 2001), and 2701st
(F),
2702nd
(F),
2703rd
(F),
2704th
(F),
2705th
(F),
2706th
(F),
2707th
(F),
2708th
(F)
to 2709th
(F)
mtgs (3 to 9 August 2001).
|
-
ILC Report, A/56/10,
2001, chp. IV, paras 30-77
- Ybk,
2001, vII(2) (F)
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/521 (E,
F,
S,
R,
C,
A)
and Corr.1 (F
only))
- Ybk,
2001, vI (F)
|
|
|
| I.
General Assembly Action |
|
Res.
1686 (XVI) of 18 December 1961 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its work on State
responsibility.
|
|
Res.
1902 (XVIII) of 18 November 1963
(E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its work on State
responsibility, taking into account the views expressed
at the eighteenth
session of the General Assembly and the report of
the Subcommittee on State responsibility and giving due
consideration to the purposes and principles enshrined
in the Charter of the United Nations.
|
|
Res.
2272 (XXII) of 1 December 1967
(E,
F,
S,
R,
C,
A)
-
Recommended that the Commission expedite the study of
the topic of State responsibility.
|
|
Res.
2400 (XXIII) of 11 December 1968
(E,
F,
S,
R,
C,
A)
-
Requested the Commission "to make every effort to begin
substantive work" on the topic.
|
|
Res.
3071 (XXVIII) of 30 November 1973
(E,
F,
S,
R,
C,
A)
Recommended
that the Commission should continue on a priority basis
at the following session its work on State responsibility
with a view to the preparation of a first set of draft
articles on responsibility of States for internationally
wrongful acts, and that the Commission should undertake
at an appropriate time a separate study of the topic of
international liability for injurious consequences arising
out of the performance of other activities.
|
|
Res.
3315 (XXIX) of 14 December 1974 (E,
F,
S,
R,
C,
A)
-
Repeated its recommendation in Res. 3071 (XXVIII), but
added the further request that the Commission a first
set of draft articles on the subject "at the earliest
possible time".
|
|
Res.
3495 (XXX) of 15 December 1975
(E,
F,
S,
R,
C,
A)
-
Repeated its recommendation in Res. 3315 (XXIX).
|
|
Res.
31/97 of 15 December 1976
(E,
F,
S,
R,
C,
A)
-
Recommended that the Commission should continue "on a
high-priority basis" its work on the topic with a view
to completing the preparation of a first set of draft
articles on responsibility of States for internationally
wrongful acts, "if possible within the next term of office"
of the members of the Commission.
|
|
Res.
32/151 of 19 December 1977 (E,
F,
S,
R,
C,
A)
-
Reiterated its prior resolution 31/97.
|
|
Res.
33/139 of 19 December 1978 (E,
F,
S,
R,
C,
A)
-
Recommended that the ILC continue its work with the aim
of completing at least the first reading of the set of
draft articles constituting Part I of the draft taking
into account the views expressed in the General Assembly
and the observations of Governments
|
|
Res.
34/141 of 17 December 1979 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its work on State
responsibility with the aim of completing, at its thirty-second
session, the first reading of the set of draft articles
constituting part one of the draft on responsibility of
States for internationally wrongful acts, taking into
account the written comments of Governments and views
expressed on the topic in debates in the General Assembly
and to proceed to the study of the further part or parts
of the draft with a view to the elaboration of draft articles.
|
|
Res.
35/163 of 15 December 1980 (E,
F,
S,
R,
C,
A)
-
Recommended that the Commission continue its work with
the aim of beginning the preparation of draft articles
concerning part two of the draft on responsibility of
States for internationally wrongful acts, bearing in mind
the need for a second reading of the draft articles constituting
part one of the draft.
|
|
Res.
36/114 of 10 December 1981
(E,
F,
S,
R,
C,
A)
-
Recommended the continuation of the Commission's work
aimed at the preparation of draft articles on part two
of the draft on responsibility of States for internationally
wrongful acts, bearing in mind the need for a second reading
of the draft articles constituting part one of the draft.
|
|
Res.
49/51 of 9 December 1994 (E,
F,
S,
R,
C,
A)
-
Urging the Commission to resume, at its forty-seventh
session, the work on State responsibility in such
a manner that the first reading of the draft articles
on the topic may be completed before the end of the present
term of office of the members of the Commission.
|
-
See topical summary of debate in the Sixth Committee (A/CN.4/464
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)
and Add.2 (E,
F,
S,
R,
C,
A)) |
Res.50/45
of 11 December 1995 (E,
F,
S,
R,
C,
A)
-
Urging the Commission at its forty-eighth
session to resume the work on the draft articles on
State responsibility in such a manner that the first reading
of that draft may be completed at that session, taking
into account divergent views expressed during the Sixth
Committee's debate on the topic, so that alternative approaches
may be developed when necessary.
|
-
See topical summary of debate in the Sixth Committee (A/CN.4/472
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A))
|
Res.51/160
of 16 December 1996
(E,
F,
S,
R,
C,
A)
-
Expressing its appreciation to the Commission for the
completion of the provisional
draft articles on States responsibility; Drawing the
attention of Governments to the importance, for the Commission,
of having their views on the draft articles on the topic
adopted on first reading by the Commission, and urging
them to submit their comments and observations in writing
by 1 January 1998.
|
- See
topical summary of debate in the Sixth Committee (A/CN.4/479
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)
and Corr.1 (F
only)) |
Res.52/156
of 15 December 1997 (E,
F,
S,
R,
C,
A)
|
- See
topical summary of debate in the Sixth Committee (A/CN.4/483
(E,
F,
S,
R,
C,
A)) |
Res.55/152
of 12 December 2000 (E,
F,
S,
R,
C,
A)
-
Expressing its appreciation to the International Law Commission
for the work accomplished at its fifty-second
session, in particular with respect to the topic "State
responsibility", and encourages the Commission to
complete its work on this topic during its fifty-third
session, taking into account the views expressed by
Governments during the debates in the Sixth Committee
at the fifty-fifth
session of the General Assembly, and any written comments
that may be submitted by 31 January 2001.
|
-
See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/513 (E,
F,
S,
R,
C,
A)) |
|
|
| J.
Final Outcome |
|
International
Law Commission (53rd
session, 2001)
-
The Commission adopted the draft
articles on Responsibility of states for internationally
wrongful acts, with commentaries.
- The Commission decided, in accordance with article
23 of its Statute,
to recommend to the General Assembly that it take note
of the draft articles on responsibility of States for
internationally wrongful acts in a resolution, and that
it annex the draft articles to the resolution. The Commission
decided further to recommend that the General Assembly
consider, at a later stage, and in light of the importance
of the topic, the possibility of convening an international
conference of plenipotentiaries to examine the draft
articles on responsibility of States for internationally
wrongful acts with a view to adopting a convention on
the topic.
|
|
General
Assembly
Res.56/83
of 12 December 2001 (E,
F,
S,
R,
C,
A)
-
Welcomed the conclusion of the work of the International
Law Commission on responsibility of States for internationally
wrongful acts and its adoption of the draft articles
and a detailed
commentary on the subject.
- Took note of the articles
on responsibility of States for internationally wrongful
acts, the text of which was annexed to the resolution,
and commended them to the attention of Governments without
prejudice to the question of their future adoption or
other appropriate action.
- Decided to include in the provisional agenda of its
fifty-ninth
session an item entitled "Responsibility of
States for internationally wrongful acts".
|
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/521 (E,
F,
S,
R,
C,
A)
and Corr.1 (F
only)) |
Res.
59/35 of 2 December 2004 (E,
F,
S,
R,
C,
A)
-
Commended once again the articles
on responsibility of States for internationally wrongful
acts.
- Requested the Secretary-General to invite Governments
to submit their written comments on any future action
regarding the articles.
- Requested the Secretary-General to prepare an initial
compilation of decisions of international courts, tribunals
and other bodies referring to the articles and to invite
Governments to submit information on their practice
in this regard, and further requested the Secretary-General
to submit this material well in advance of the sixty-second
session.
- Decided to include in the provisional agenda of its
sixty-second session (2007) an item entitled "Responsibility
of States for internationally wrongful acts".
|
-
See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/549 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)) |
Res.
62/61 of 6 December 2007 (E,
F,
S,
R,
C,
A)
-
Commended once again the articles
on responsibility of States for internationally wrongful
acts to the attention of Governments, without prejudice
to the question of their future adoption or other appropriate
action;
- Requested the Secretary-General to invite Governments
to submit their written comments on any future action
regarding the articles.
- Also requested the Secretary-General to update the
compilation of decisions of international courts, tribunals
and other bodies referring to the articles and to invite
Governments to submit information on their practice
in this regard, and further requested the Secretary-General
to submit this material well in advance of its sixty-fifth
session;
- Decided to include in the provisional agenda of its
sixty-fifth session (2010) the item entitled “Responsibility
of States for internationally wrongful acts” and
to further examine, within the framework of a working
group of the Sixth Committee, the question of a convention
on responsibility of States for internationally wrongful
acts or other appropriate action on the basis of the
articles.
|
-
See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/588 (E,
F,
S,
R,
C,
A)) |
Res.
65/19 of 6 December 2010 (E,
F,
S,
R,
C,
A)
-
Acknowledged the importance of the articles
on responsibility of States for internationally wrongful
acts and commended them once again to the attention
of Governments, without prejudice to the question of
their future adoption or other appropriate action;
- Requested the Secretary-General to invite Governments
to submit further written comments on any future action
regarding the articles.
- Also requested the Secretary-General to update the
compilation of decisions of international courts, tribunals
and other bodies referring to the articles and to invite
Governments to submit information on their practice
in this regard, and further requested the Secretary-General
to submit this material well in advance of its sixty-fifth
session;
- Decided to include in the provisional agenda of its
sixty-eigth session (2013) the item entitled “Responsibility
of States for internationally wrongful acts” and
to further examine, within the framework of a working
group of the Sixth Committee, the question of a convention
on responsibility of States for internationally wrongful
acts or other appropriate action on the basis of the
articles.
|
-
See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/638 (E,
F,
S,
R,
C,
A)) |
| |
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