| A.
Mandate
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
None
|
|
| |
|
| C.
Reports of the Working Group or Sub-Committee |
|
None
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. Review
of the Commission's work on the topic of liability since
it was first placed on the agenda in 1978, focusing in particular
on the question of the scope of the draft articles to be
elaborated. This was followed by an analysis of the procedural
and substantive obligations which the general duty of prevention
entailed. As regards the former, the Special Rapporteur
discussed the following principles: prior authorization;
international environmental impact assessment; cooperation,
exchange of information, notification, consultation and
negotiation in good faith; dispute prevention or avoidance
and settlement of disputes; and non-discrimination. Concerning
subtantive obligations, the Special Rapporteur considered
the precautionary principle, the polluter-pays principle
and the principles of equity, capacity building and good
governance.
-
First Report of the Special Rapporteur, Mr. Pemmaraju
Sreenivasa Rao (50th
session of the ILC (1998))
|
-
U.N. Doc. A/CN.4/487
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/53/10
(F),
1998, chp. IV(B), paras. 46-48 |
2. Comprised
of five sections. Sections I and II dealt with the questions
raised in the 1998 report of the Commission on the nature
of the obligation of prevention, the eventual form of the
draft articles and the type of dispute settlement procedures
that may be suitable for the draft articles as well as reaction
by Governments to the report of the Commission during the
Sixth Committee debate at the fifty-third Session of the
General Assembly. Section III elaborated on the salient
features of the concept of due diligence and ways in which
that concept could be implemented in the light of State
practice and doctrine. This section further identified the
factors that are relevant in the enforcement of the duty
of due diligence. Section IV reviewed the treatment of the
concept of international liability in the Commission since
the topic was placed on its agenda as well as negotiations
on liability issues in other international forums.
-
Second Report of the Special Rapporteur, Mr. Pemmaraju
Sreenivasa Rao (51st
session of the ILC (1999))
|
-
U.N. Doc. A/CN.4/501
(F,
S,
R,
C,
A)
- ILC Report, A/54/10
(F),
1999, chp. IX(B), paras. 604 and 605 |
3. Contained
a draft preamble and a revised set of draft articles on
prevention of transboundary damage from hazardous activities,
along with the recommendation that they be adopted as a
framework convention. Furthermore, the third report addressed
questions such as the scope of the topic, its relationship
with liability under international law, the relationship
between an equitable balance of interests among States concerned
and the duty of prevention, as well as the duality of the
regimes of liability and State responsibility.
-
Third Report of the Special Rapporteur, Mr. Pemmaraju
Sreenivasa Rao (52nd
session of the ILC (2000))
|
-
U.N. Doc. A/CN.4/510
(F,
S,
R,
C,
A)
- ILC report, A/55/10,
2000, chp. VIII, paras. 672-721
|
|
|
| E.
Reports of the Drafting Committee |
|
1.
50th session
of the International Law Commission (1998)
|
|
-
Titles and texts of draft articles 1 to 17 on Prevention
of transboundary damage from hazardous activities adopted
by the Drafting Committee
|
-
U.N. Doc. A/CN.4/L.568
(F,
S,
R,
C,
A) |
2.
53rd session
of the International Law Commission (2001)
|
|
-
Draft preamble and draft articles on Prevention of transboundary
damage from hazardous activities adopted by the Drafting
Committee on second reading
- Statement
of the Chairman of the Drafting Committee (English only),
made at the 2675th meeting held on 11 May 2001
|
-
U.N. Doc. A/CN.4/L.601
(F,
S,
R,
C,
A)
and Corr. 1 (English
only) and Corr.2
(F,
S,
R,
C,
A)
(subsequently orally amended) |
|
|
| F.
Comments by Governments |
|
1.
52nd
session of the International Law Commission (2000)
|
|
-
International Liability for Injurious Consequences arising
out of Acts not Prohibited by International Law (prevention
of transboundary damage from hazardous activities).
Comments and observations received by Governments. Report
of the Secretary-General
|
-
U.N. Doc. A/CN.4/509
(F,
S,
R,
C,
A) |
2.
53rd
session of the International Law Commission (2001)
|
|
-
International Liability for Injurious Consequences arising
out of Acts not Prohibited by International Law (prevention
of transboundary damage from hazardous activities).
Comments and observations received by Governments. Report
of the Secretary-General
|
-
U.N. Doc. A/CN.4/516
(F,
S,
R,
C,
A) |
|
|
| G.
Other |
|
1.
50th session
of the International Law Commission (1998)
|
|
-
Proposal by the Special Rapporteur (revised text of
draft articles on the basis of discussion in the Working
Group)
|
-
U.N. Doc. A/CN.4/L.556
(F,
S,
R,
C,
A) |
| H.
Reports of the International Law Commission |
|
1. 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 consider the question of how the Commission should
proceed with its work on the topic, endorsed the report
and decided to proceed first with the work under the subtitle
"prevention of transboundary damage from hazardous activities".
The Commission appointed Mr. P.S. Rao Special Rapporteur
for that part of the topic, and requested him to submit
a report thereon.
- Discussion in Plenary:2483rd
(F)
mtg (27 May 1997) and 2496th
(F)
mtg (19 June 1997)
|
-
ILC Report, A/52/10
(F),
1997, chp. VII, paras. 162-168
-Ybk,
1997, vII(2) (F)
-Ybk,
1997, vI (F)
|
2. 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 decided to refer to the Drafting Committee
draft articles 1 (a) (Activities to which the present
articles apply) and 2 (Use of terms), recommended by the
Working Group in 1996. The Commission also reestablished
the Working Group to review draft articles 3 to 22 recommended
in 1996 in light of the Commission's decision to focus
first on the question of prevention. On the basis of the
Working Group's discussions, the Special Rapporteur proposed
a revised text for the draft articles (A/CN.4/L.556).
The Commission subsequently decided to refer to the Drafting
Committee the draft articles proposed by the Special Rapporteur.
On the basis of the report of the Drafting Committee,
the Commission adopted on first reading a set of 17 draft
articles on prevention of transboundary damage from hazardous
activities. It decided, in accordance with articles 16
and 21 of its statute,
to transmit the draft articles through the Secretary-General
to Governments for comments and observations, with the
request that such comments and observations be submitted
to the Secretary-General by 1 January 2000.
- Discussion in Plenary: 2527th
(F),
2528th
(F),
2529th (F),
2530th
(F)
and 2531st
(F)
mtgs (8 to 15 May 1998), 2542nd
(F)
mtg (5 June 1998), and 2560th
(F),
2561st (F),
2562nd
(F),
2563rd
(F)
and
2564th (F)
mtgs (12 to 14 August 1998)
|
-
ILC Report, A/53/10,
(F),
1998, chp. IV, paras. 44-55
-Ybk,
1998, vII(2) (F)
-Ybk,
1998, vI (F)
|
3. Report
of the International Law Commission on the work of its fifty-first
session, 3 May to 23 July 1999
-
In the last Section, Section V, of his report, the Special
Rapporteur offered three options with respect to future
course of action on the question of liability. The first
option was to proceed with the topic of liability and
finalize some recommendations, taking into account the
work of the previous Special Rapporteurs and the text
prepared by the Working Group of the Commission in 1996.
The second option was to suspend the work on international
liability, until the Commission finalizes its second reading
of the draft articles on the regime of prevention. The
third option was for the Commission to terminate its work
on the topic of international liability, unless a fresh
and revised mandate is given by the General Assembly.
605. As a matter of immediate focus for discussion, the
Special Rapporteur requested comments, in particular,
on the three options he had proposed in order to enable
the Commission to take a decision with respect to its
future work on the topic. On the basis of the discussion,
the Commission decided to defer consideration of the question
of international liability, pending completion of the
second reading of the draft articles on the prevention
of transboundary damage from hazardous activities.
- Discussion in Plenary: 2600th
(F)
and
2601st (F)
mtgs (9 and 13 July 1999)
|
-
ILC Report, A/54/10,
(F),
1999, chp. IX, paras. 598-608
-Ybk,
1999, vII(2) (F)
-Ybk,
1999, vI (F)
|
4. 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 had before it the Report of the Secretary-General
containing the comments and observations received from
Governments on the topic. It decided to establish a working
group on the topic. The Commission also considered the
third report by the Special Rapporteur and decided to
refer the draft preamble and revised draft articles 1-19
as proposed by him to the Drafting Committee.
- Discussion in Plenary: 2628th
(F)
mtg (26 May 2000), 2641st
(F),
2642nd
(F)
and 2643rd
(F)
mtgs (18 to 20 July 2000)
|
-
ILC report, A/55/10,
2000, chp. VIII, paras. 664-721
-Ybk,
2000, vII(2) (F)
-Ybk,
2000, vI (F)
|
5. Report
of the Intenational Law Commission on the work of its fifty-third
session, 23 April - 1 June and 2 July - 10 August 2001
|
-
ILC report, A/56/10,
2001, chp V, paras 78-98
-Ybk,
2001, vI (F)
|
|
|
| I.
General Assembly Action |
|
Res.
52/156 of 15 December 1997 (E,
F,
S,
R,
C,
A)
-
Took note of the decision of the Commission to proceed
with its work on the topic, undertaking, as a first step,
the issue of prevention, and reiterated its request to
Governments to provide in writing, their comments and
observations on the topic, including the draft articles
prepared by the Working Group in 1996.
|
|
Res.
53/102 of 8 December 1998 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the Commission for the work
accomplished during that year's session, in particular
the completion of the first reading of the draft articles
on the prevention part of the topic. Invited Governments
to submit comments and observations in writing by 1 January
2000 on the draft articles on international liability
for injurious consequences arising out of acts not prohibited
by international law (prevention of transboundary damage
from hazardous activities). Welcomed the valuable work
done by the International Law Commission on the topic
"International liability for injurious consequences arising
out of acts not prohibited by international law", and
requested the Commission, while continuing its work on
prevention, to examine other issues arising out of the
topic, taking into account comments made by Governments,
either in writing or in the Sixth Committee, and to submit
its recommendations on the future work to be done on these
issues to the Sixth Committee.
|
|
Res.
54/111 of 9 December 1999 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to submit comments
and observations in writing by 1 January 2000 on the draft
articles on international liability for injurious consequences
arising out of acts not prohibited by international law
(prevention of transboundary damage from hazardous activities).
Took note of paragraph 608 of the report of the Commission
with regard to the procedure to be followed with respect
to the topic "International liability for injurious consequences
arising out of acts not prohibited by international law",
and requested the Commission to resume consideration of
the liability aspects of the topic as soon as the second
reading of the draft articles on prevention is finalized,
taking into account developments in international law
and comments by Governments.
|
|
Res.
55/152 of 12 December 2000 (E,
F,
S,
R,
C,
A)
-
Noted with appreciation the work done by the International
Law Commission on the topic "international liability
for injurious consequences arising out of acts not prohibited
by international law" and requested the Commission
to resume consideration of the liability aspects of
the topic as soon as the second reading of the draft
articles on the prevention of transboundary damage from
hazardous activities was completed, bearing in mind
the interrelationship between the prevention and liability
aspects of the topic and taking into account developments
in international law and comments by Governments.
|
|
|
|
| J.
Final Outcome |
|
International
Law Commission (53rd
session, 2001)
|
|
General
Assembly
Res.
56/82 of 12 December 2001 (E,
F,
S,
R,
C,
A)
-
Expressed appreciation to the International Law Commission
for the valuable work done on the issue of prevention
on the topic "international liability for injurious
consequences arising out of acts not prohibited by international
law (prevention of transboundary damage from hazardous
activities)".
- Requested the Commission, taking into consideration
its decision at its forty-ninth
session to proceed with its work on the topic of
"International liability for injurious consequences
arising out of acts not prohibited by international
law, undertaking, as a first step, the issue of prevention,
to resume, during its fifty-fourth session, its consideration
of the liability aspects of the
topic, bearing in mind the interrelationship between
the prevention and liability aspects of the topic and
taking into account developments in international law
and comments by Governments.
|
|
General
Assembly
Res.
61/36 of 4 December 2006 (E,
F,
S,
R,
C,
A)
-
Decided to include in the provisional agenda of its
sixty-second session an item entitled “Consideration
of prevention of transboundary harm from hazardous activities
and allocation of loss in the case of such harm”.
|
|
Res.
62/68 of 6 December 2007 (E,
F,
S,
R,
C,
A)
-
Welcomed the conclusion of the work of the International
Law
Commission on prevention of transboundary harm from
hazardous activities and allocation of loss in the
case of such harm and its adoption of the respective
draft articles and draft principles and commentaries
on the subjects.
- Commended the articles on prevention of transboundary
harm from hazardous activities, presented by the Commission,
the text of which wais annexed to the resolution,
to the attention of Governments, without prejudice
to any future action, as recommended by the Commission
regarding the articles.
- Commended once again the principles on the allocation
of loss in the case
of transboundary harm arising out of hazardous activities,
presented by the
Commission, the text of which was annexed to General
Assembly resolution 61/36, to the attention of Governments,
without prejudice to any future action, as recommended
by the Commission regarding the principles;
- Invited Governments to submit comments on any future
action, in particular on the form of the respective
articles and principles, bearing in mind the recommendations
made by the Commission in that regard, including in
relation to the elaboration of a convention on the
basis of the draft articles, as well as on any practice
in relation to the application of the articles and
principles;
- Decided
to include in the provisional agenda of its sixty-fifth
session the
item entitled “Consideration of prevention of
transboundary harm from hazardous activities and allocation
of loss in the case of such harm”.
See:
the website
of the Sixth Committee of the General Assembly
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