A.
Mandate
Res.
51/160 of 16 December 1996 (E,
F,
S,
R,
C,
A)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
|
|
|
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
-
Report of the Working Group
|
-
U.N. Doc. A/CN.4/L.543
(F,
S,
R,
C,
A)
(in ILC Report, A/52/10
(F),
1997, chp. IX(B), paras.195-210)
- ILC Report, A/52/10
(F),
1997, chp. IX, paras.191-216 |
|
|
|
-
Report of the Working Group
|
-
U.N. Doc. A/CN.4/L.558
(F,
S,
R,
C,
A)
- ILC Report, A/53/10
(F),
1998, chp. VI, paras.192-201 |
|
|
|
-
Report of the Working Group
|
-
U.N. Doc. A/CN.4/L.588
(F,
S,
R,
C,
A)
- ILC Report, A/54/10
(F),
1999, chp. VIII, paras. 577-597 |
|
|
|
-
Report of the Chairman of the Working Group
|
-
U.N. Doc. A/CN.4/L.646
(F,
S,
R,
C,
A)
- ILC Report, A/58/10,
2003, chp. VII, paras. 303-308 |
|
|
|
-
Conclusions of the Working Group
|
-
ILC Report, A/59/10,
2004, chp. VIII, paras. 245-247 |
|
|
|
-
Conclusions of the Working Group
|
-
ILC Report, A/60/10,
2005, chp. IX, paras. 327-332 |
|
|
|
-
Report of the Working Group - conclusions of the International
Law Commission relating to Unilateral acts of States
|
-
U.N. Doc. A/CN.4/L.703
(F,
S,
R,
C,
A)
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. Preliminary
report reflecting doctrine, jurisprudence and State practice
on the topic.
-
First Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo (50th
session of the ILC (1998))
|
-
U.N. Doc. A/CN.4/486
(F,
S,
R,
C,
A)
- ILC Report, A/53/10
(F),
1998, chp. VI, paras.113-145 |
2. Proposed
draft articles 1 (scope of the present draft articles),
2 (unilateral legal acts of States), 3 (capacity of States),
4 (representatives of a State for the purpose of formulating
unilateral acts), 5 (subsequent confirmation of a unilateral
act formulated without authorization), 6 (expression of
consent), and 7 (invalidity of unilateral acts), together
with a comment on reservations and conditions in relation
to unilateral acts and on the non-existence of unilateral
acts.
-
Second Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo (51st
session of the ILC (1999))
|
-
U.N. Doc. A/CN.4/500
(F,
S,
R,
C,
A)
and Add.1 (F,
S,
R,
C,
A)
- ILC Report, A/54/10
(F),
1999, chp. VIII, paras. 494-526 |
3. The
Special Rapporteur proposed a new draft article 1 on definition
of unilateral acts, the deletion of the previous article
1 on the scope of the draft articles, a new draft article
2 on the capacity of states to formulate unilateral acts,
a new article 3 on persons authorized to formulate unilateral
acts on behalf of the state, and a new draft article 4 on
subsequent confirmation of an act formulated by a person
not authorized for that purpose. The Special Rapporteur
also proposed the deletion of previous draft article 6 on
expression of consent and a new draft article 5 on the invalidity
of unilateral acts.
-
Third Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo (52nd
session of the ILC (2000))
|
-
U.N. Doc.A/CN.4/505
(F,
S,
R,
C,
A)
- ILC Report, A/55/10,
2000, chp.VI, paras. 507-622
|
4. Consideration
of the classification of unilateral acts. Proposed draft
articles (a) and (b) on the rules relating to the interpretation
of unilateral acts.
-
Fourth Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo (53rd
session of the ILC (2001))
|
-
U.N.Doc.A/CN.4/519
(F,
S,
R,
C,
A)
- ILC Report, A/56/10,
2001, chp.VIII, paras. 218-253
|
5. The
Fifth Report of the Special Rapporteur provided a recapitulation
of the progress made and the explanation why certain concepts
and terms had been changed. The first part of the report
referred to previous consideration of the topic; consideration
of international practice; and the viability and difficulties
of the topic. The second part considered four aspects of
the topic that the Commission dealt with at previous sessions:
definition of unilateral acts; conditions of validity and
causes of invalidity; rules of interpretation; and classification
of unilateral acts. The third part of the Fifth Report examined
the rule regarding respect for unilateral acts; the application
of the act in time; and its territorial application. The
fourth part discussed the subject of determination of the
moment at which the unilateral act produced its legal effects
by examining revocation; modification and suspension of
the application of the act; and its termination. The last
part set out the structure of the articles already drafted
and the future plan of work.
-
Fifth Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo, (54th
session of the ILC (2002))
|
-
U.N. Doc. A/CN.4/525
(F,
S,
R,
C,
A),
Add.1
(F,
S,
R,
C,
A),
and Corr.1
(F,
S,
R,
C,
A)
and Corr.2 (Arabic
and English
only), and Add.2
(F,
S,
R,
C,
A)
- ILC Report, A/57/10,
2002, chp. VI, paras. 296 - 327
|
6. The
Sixth Report focused on recognition as a particular type
of unilateral act. The first part of the report examined
the institution of recognition as a unilateral act. It attempted
to define an act of recognition, and shortly discussed the
criteria for the formulation of an act and their discretionality.
Also an act of non-recognition was examined. The second
part dealt with the conditions required for the validity
of such an act covering formulation (intent); lawfulness
of the object; and conformity with imperative norms of international
law. The third part of the Sixth Report considered the legal
effects of an act of recognition, particularly with regard
to the opposability and enforceability of the act. The last
part looked at the application of acts of recognition: the
relationship between the author State and the addressee;
the spatial and temporal application of acts of recognition;
and matters relating to the modification, suspension and
revocation of acts of recognition, including causes external
to the act, in particular the disappearance of the object
and a fundamental change in circumstances.
-
Sixth Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo, (55th
session of the ILC (2003))
|
-
U.N. Doc. A/CN.4/534
(F,
S,
R,
C,
A)
- ILC Report, A/58/10,
2003, chp. VII, paras. 246 - 271
|
7. Provided
an exposition of acts and declarations that may represent
the practice of States, including: acts whereby States assume
obligations, acts by which a State waives a right or a legal
claim, acts by which as State reaffirms a right or a legal
claim, some forms of State conduct which may produce legal
effects similar to those of unilateral acts, and silence
and estoppel as principles modifying some State acts.
-
Seventh Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo, (56th
session of the ILC (2004))
|
-
U.N. Doc. A/CN.4/542
(F,
S,
R,
C,
A)
and Corr.1 (French
only), 2
(F,
S,
R,
C,
A),
and 3
(F,
S,
R,
C,
A)
- ILC Report, A/59/10,
2004, chp. VIII, paras. 193 - 244
|
8. The
eighth report offered a detailed presentation of 11 examples
or types of unilateral acts of various kinds, followed by
a set of
conclusions drawn from the cases discussed.
-
Eighth Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo, (57th
session of the ILC (2005))
|
-
U.N. Doc. A/CN.4/557
(F,
S,
R,
C,
A)
- ILC Report, A/60/10,
2005, chp. IX, paras. 295 - 326
|
9. Proposal
for eleven draft guiding principles on unilateral acts of
States.
-
Ninth Report of the Special Rapporteur, Mr. Víctor
Rodríguez Cedeņo, (58th
session of the ILC (2006))
|
-
U.N. Doc. A/CN.4/569
(F,
S,
R,
C,
A)
and Add.1
(F,
S,
R,
C,
A)
- ILC Report, A/61/10,
2006, chp. IX, paras. 167 - 177
|
|
|
| E.
Reports of the Drafting Committee |
|
|
|
|
|
|
| F.
Comments by Governments |
|
1. 52nd
Session of the International Law Commission (2000)
-
Replies from Governments to the questionnaire. Report
of the Secretary General
|
-
U.N. Doc. A/CN.4/511
(F,
S,
R,
C,
A)
- ILC Report, A/55/10,
2000, chp.VI, para. 505 - 507
|
2. 54th
session of the International Law Commission (2002)
-
Replies from Governments to the questionnaire. Report
of the Secretary-General
|
-
U.N.Doc. A/CN.4/524
(F,
S,
R,
C,
A) |
|
|
| G.
Other |
|
|
|
|
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its forty-eighth
session, 6 May to 26 July 1996
-
The Commission identified this topic as a possible future
topic for consideration and set out a general outline
of the main legal problems raised by this topic (see Addendum
3 of Annex II). Governments were invited to express their
views
- Discussion in Plenary: 2466th
(F)
and 2467th
(F)
mtgs (22 and 23 July 1996)
|
- ILC
Report, A/51/10
(F),1996,
chp. VII(A)(2), par. 249 and annex II, addendum 3
- Ybk,
1996, vII(2) (F)
- Ybk,
1996, vI (F)
|
2. Report
of the International Law Commission on the work of its forty-ninth
session, 12 May to 18 July 1997
-
The Commission considered it advisable and feasible to
initiate work on the codification and progressive development
of the applicable legal rules of this topic. A new and
more detailed outline was prepared by the Working Group
on the topic established at the present session. The Commission
considered and endorsed the report of the Working Group
(see A/CN.4/L.543; A/52/10, 1997, paras.195-210). Certain
issues pertaining to the scope and content of the subject
were clarified. The main objective of the study should,
in the view of the Commission, be to identify the constituent
elements and effects of unilateral legal acts of
States and to set forth rules which are generally applicable
to them, as well as any special rules that might be relevant
to particular types or categories of such acts. A plan
of work for the quinquennium was also prepared. The Commission
appointed Mr. V. Rodriguez Cedeño Special Rapporteur
for the topic and, according to the plan, an initial report
is to be submitted to the Commission for discussion in
1998.
- Discussion in Plenary: 2477th
(F)
mtg (15 May 1997) and
2512th (F)
mtg (14 July 1997)
|
-
ILC Report, A/52/10
(F),
1997, chp. IX, paras.191-216
- Ybk,
1997, vII(2) (F)
- Ybk,
1997, vI (F) |
3. 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 had before it the Special Rapporteur's
first report on the topic. As a result of its discussion,
the Commission decided to reconvene the Working Group
on Unilateral Acts of States. It subsequently considered
and endorsed the report of the Working Group.
- Discussion in Plenary: 2524th
(F),
2525th
(F),
2526th
(F)
and 2527th
(F)
mtgs (5 to 8 May 1998), and 2543rd
(F)
mtg (8 June 1998)
|
-
ILC Report, A/53/10
(F),
1998, chp. VI, paras. 111-201
- Ybk,
1998, vII(2) (F)
- Ybk,
1998, vI (F) |
4. Report
of the International Law Commission on the work of its fifty-first
session, 3 May to 23 July 1999
-
The Commission had before it the Special Rapporteur's
second report on the topic. Following its discussion,
the Commission decided to reconvene the Working Group
on Unilateral Acts of States. It
subsequently considered and adopted the report of the
Working Group as amended.
- Discussion in Plenary: 2593rd
(F),
2594th
(F),
2595th (F)
and 2596th
(F)
mtgs (24 June to 2 July 1999), and 2603rd
(F)
mtg (15 July 1999)
|
-
ILC Report, A/54/10
(F),
1999, chp. VIII, paras. 485-595
- Ybk,
1999, vII(2) (F)
- Ybk,
1999, vI (F) |
5. 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 examined the third report of the Special
Rapporteur. The Commission decided to refer new draft
articles 1 to 4 to the Drafting Committee and new draft
article 5 to the Working Group on Unilateral Acts of States.
- Discussion in Plenary: 2624th
(F),
2628th
(F),
2629th
(F)
and 2630th
(F),
and 2633rd
(F)
mtgs. (Between 19 May and 7 June 2000)
|
-
ILC Report A/55/10,
2000, chp.VI, paras. 496-622
- Ybk,
2000, vII(2) (F)
- Ybk,
2000, vI (F) |
6. 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 examined the fourth report of the Special
Rapporteur. The Commission considered the oral report
of the Chairman of the Working Group on the topic, Mr.
Victor Rodríguez-Cedeño, and supported the
proposal to submit a request to States for additional
information on State practice relating to unilateral acts.
- Discussion in Plenary: 2693rd
(F),
2695th
(F),
2696th
(F),
2701
(F)
mtgs. (20, 25 and 26 July, 3 August 2001)
|
-
ILC Report A/56/10,
2001, chp.VIII, paras. 208-254
- Ybk,
2001, vI (F) |
7. Report
of the International Law Commission on the work of its fifty-fourth
session, 29 April - 7 June and 22 July - 16 August 2002
-
The Commission had before it the Fifth Report of the Special
Rapporteur and the text of replies received from States
to the questionnaire on the topic circulated on 31 August
2001 . It considered the report and established an open
ended informal consultation, to be chaired by the Special
Rapporteur.
- Discussion in Plenary: 2720th (F) mtg (15 May
2002), 2722nd (F) and 2723rd (F) mtgs (21 to 22 May 2002),
2725th (F) mtg (24 May 2002), 2726th (F) mtg (28 May 2002),
and 2727th (F) mtg (30 May 2002)
|
-
ILC Report, A/57/10,
2002, chp. VI, paras. 282 - 429 |
8. Report
of the International Law Commission on the work of its fifty-fifth
session, 5 May - 6 June and 7 July - 8 August 2003
-
The Commission considered the Sixth Report of the Special
Rapporteur. Subsequently, it established an open-ended
Working Group on Unilateral acts of States chaired by
Mr. Alain Pellet.
- Discussion in Plenary: 2770th (F), 2771st (F),
2772nd (F), 2773rd (F) and 2774th (F) mtgs (7 to 11 July
2003)
|
-
ILC Report, A/58/10,
2003, chp. VII, paras. 232 - 308 |
9. Report
of the International Law Commission on the work of its fifty-sixth
session, 3 May - 4 June and 5 July - 6 August 2004
-
The Commission considered the Seventh Report of the Special
Rapporteur. Subsequently, it re-established the open-ended
Working Group on Unilateral acts of States chaired by
Mr. Alain Pellet.
- Discussion in Plenary: 2811th (F), 2812th (F),
2813th (F), 2815th (F), 2816th (F), 2817th (F), 2818th
(F) (5 to 7 and 9, 13, 14 and 16 July 2004) and 2829th
(F) (5 August 2004) mtgs
|
-
ILC Report, A/59/10,
2004, chp. VIII, paras. 177 - 247 |
10.
Report of the International Law Commission on the work of
its fifty-seventh
session, 2 May - 3 June and 11 July - 5 August 2005
-
The Commission considered the Eighth Report of the Special
Rapporteur. It re-established the open-ended Working Group
on Unilateral acts of States chaired by Mr. Alain Pellet.
- Discussion in Plenary: 2836th (F) (11 May 2005),
2852nd (F), 2853rd (F), 2854th (F), 2855th (F) and 2859th
(F) (15, 18, 20, 21 and 28 July 2005) mtgs
|
-
ILC Report, A/60/10,
2005, chp. IX, paras. 275 - 332 |
11.
Report of the International Law Commission on the work of
its fifty-eighth
session, 1 May - 9 June and 3 July - 11 August 2006
-
The Commission considered the Ninth Report of the Special
Rapporteur. It re-established the open-ended Working Group
on Unilateral acts of States chaired by Mr. Alain Pellet.
The Working Group was requested to prepare conclusions
of the Commission on the topic Unilateral Acts of
States taking into consideration
the various views expressed, the draft Guiding Principles
of the Special Rapporteur and its previous work on the
topic. The Commission subsequently considered the report
of the Working Group and adopted a set of 10 Guiding
Principles together with commentaries
applicable to unilateral declarations of States capable
of creating legal obligations and commended the Guiding
Principles to the attention of the General Assembly.
- Discussion in Plenary: 2886th (F), 2887th (F)
and 2888th (F) mtgs, held on 3, 4 and 5 July 2006,
and 2906th (F) mtg on 4 August 2006
|
-
ILC Report, A/61/10,
2006, chp. IX, paras. 160 - 177 |
| I.
General Assembly Action |
|
Res.51/160
of 16 December 1996 (E,
F,
S,
R,
C,
A)
-
Invited the Commission further to examine the topic and
to indicate its scope and content in the light of the
comments and observations made during the debate in the
Sixth Committee on the report of the Commission and any
written comments that Governments may wish to submit.
|
|
Res.52/156
of 15 December 1997 (E,
F,
S,
R,
C,
A)
-
Endorsed the decision of the Commission to include the
topic in its agenda.
|
|
Res.54/111
of 9 December 1999 (E,
F,
S,
R,
C,
A)
-
Invited Governments to respond in writing by 1 March 2000
to the questionnaire on unilateral acts of States circulated
by the Secretariat to all Governments on 30 September
1999.
|
|
Res.55/152
of 12 December 2000 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to respond, to
the extend possible, to the questionnaire and request
for materials on the topic by the Secretariat.
|
|
Res.56/82
of 12 December 2001 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to respond, to
the extend possible, to the questionnaire and request
for materials on the topic by the Secretariat.
|
|
Res.57/21
of 19 November 2002 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to provide information
to the International Law Commission regarding State practice
on the topic.
|
|
Res.58/77
of 9 December 2003 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to provide information
to the International Law Commission regarding State practice
on the topic.
|
|
Res.59/41
of 2 December 2004 (E,
F,
S,
R,
C,
A)
-
Reiterated its invitation to Governments to provide information
to the International Law Commission regarding State practice
on the topic.
|
|
Res.
60/22 of 23 November 2005 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the International
Law Commission on the topic.
|
|
Res.
61/34 of 4 December 2006 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the International Law Commission
for the
completion of the work on "Unilateral acts of States"
by the adoption of the Guiding Principles applicable to
unilateral declarations of States capable of creating
legal obligations.
- Took note of the Guiding Principles applicable to unilateral
declarations of States capable of creating legal obligations
and commended their dissemination.
|
|
| J.
Final Outcome |
|
International
Law Commission (58th
session, 2006)
-
The Commission adopted a set of 10 Guiding
Principles together with commentaries
applicable to unilateral declarations of States capable
of creating legal obligations and commended the Guiding
Principles to the attention of the General Assembly.
|
|
General
Assembly
Res.
61/34
of 4 December 2006 (E,
F,
S,
R,
C,
A)
-
Expressed its appreciation to the International Law
Commission for the
completion of the work on Unilateral acts of States
by the adoption of the Guiding Principles applicable
to unilateral declarations of States capable of creating
legal obligations.
- Took note of the Guiding Principles applicable to
unilateral declarations of States capable of creating
legal obligations under the topic Unilateral acts
of States, contained in paragraph 176 of the report
of the International Law Commission and commended their
dissemination.
|
|
|
|
|
|
|
|