|
|
Main page > Sessions
> Fifty-fourth session (2002) |
Fifty-fourth Session (29 April to 7 June and 22 July to 16 August 2002)
|
The International Law Commission held its fifty-fourth session at Geneva, Switzerland, from 29 April to 7 June and 22 July to 16 August 2002 in accordance with General Assembly resolution 56/82 (E, F, S, R, C, A) of 12 December 2001.
|
|||||||||||||||
|
Consideration of topics on the agenda of the 54th session The Commission, at its 2721st meetings on 17 May 2002, established a Drafting Committee, under the Chairmanship of Mr. Chusei Yamada. The Commission subsequently adopted 11 draft guidelines dealing with formulation and communication of reservations and interpretative declarations. The Commission also considered the Special Rapporteur's seventh report (A/CN.4/526 and Add.1 - 3 (see documents list)) and referred a further 15 draft guidelines dealing with withdrawal and modification of reservations to the Drafting Committee. (see:
Report of the International Law Commission on the work of its
fifty-fourth session, chapter
IV )
The Commission considered the remaining portions of the Special Rapporteur's second report (A/CN.4/514 and Corr.1 and Corr. 2 (Spanish only) (see 2003 documents list)) relating to the exhaustion of local remedies rule, namely articles 12 and 13, as well as the third report covering draft articles 14 to 16 (A/CN.4/523 (E, F, S, R, C, A)), dealing with the exceptions to that rule, the question of the burden of proof and the so-called “Calvo” clause, respectively. The Commission also undertook a general discussion, inter alia, on the scope of the study and held several open-ended Informal Consultations on the issue of the diplomatic protection of crews and that of corporations and shareholders. At its 2712th on 30 April, the Commission established a Drafting Committee, under the Chairmanship of Mr. Chusei Yamada. The Commission subsequently adopted articles 1 to 7 [8] on the recommendation of the Drafting Committee. It also referred to the Drafting Committee draft articles 14 (a), (b), (c) and (d) (both to be considered in connection with paragraph (a)), and (e)), concerning futility, waiver and estoppel, voluntary link, territorial connection and undue delay, respectively. (see:
Report of the International Law Commission on the work of its
fifty-fourth session, chapter
V)
The
Commission considered part of the fifth report of the Special
Rapporteur (A/CN.4/525 and Add.1 - 2 (see documents
list). In his report, the Special Rapporteur reviewed the
progress made thus far on the topic and presented revised draft
article 5 (a) to (h) on the invalidity of a unilateral act,
as well as articles (a) and (b) on interpretation. In addendum
2 of his report, which the Commission did not consider, he proposed
draft article 7 on Acta sunt servanda, draft article
8 on non-retroactivity, draft article 9 on territorial application,
as well as a structure for the draft articles.
(see: Report of the International Law Commission on the work of its fifty-fourth session, chapter VI) The
Commission decided to resume the study of the second part of
the topic and to establish a working group, under the chairmanship
of Mr. P.S. Rao, to consider the conceptual outline of the topic.
The report of the Working Group, which was adopted by the Commission,
set out some initial understandings and presented views on the
scope of the endeavour, as well as on the approaches which could
be pursued. The Commission also appointed Mr. P.S. Rao as Special
Rapporteur for the topic.
(see: Report of the International Law Commission on the work of its fifty-fourth session, chapter VII) The
Commission decided to include the topic in its programme of
work and established a working group, under the chairmanship
of Mr. Giorgio Gaja, to consider, inter alia, the scope
of the topic. It further appointed Mr. Giorgio Gaja as Special
Rapporteur for the topic. The Commission subsequently adopted
the report of the Working Group, and approved its recommendation
that the Secretariat approach international organizations with
a view to collecting relevant materials on the topic.
(see: Report of the International Law Commission on the work of its fifty-fourth session, chapter VIII) Tthe
Commission decided to include the topic in its programme of
work and established a study group, under the chairmanship of
Mr. Bruno Simma. It subsequently adopted the report of the study
group, inter alia, approving the proposed change of the
title of the topic to “Fragmentation of international law:
difficulties arising from the diversification and expansion
of international law”, as well as the recommendation that
the first study to be undertaken will be on the issue entitled
“The function and scope of the lex specialis rule
and the questions of 'self-contained regimes'”
(see: Report of the International Law Commission on the work of its fifty-fourth session, chapter IX) The
Commission also decided to include on its programme of work
the topic on “Shared Natural Resources” and appointed
Mr. Chusei Yamada as Special Rapporteur. The Commission further
recommended the establishment of a working group under the chairmanship
of the Special Rapporteur.
|
||||||||||||||||
Codification Division, Office of Legal Affairs