|
|
Main page > Sessions
> Fifty-fifth session (2003) |
Fifty-fifth Session (5 May to 6 June and 7 July to 8 August 2003)
|
The International Law Commission held its fifty-fifth session at Geneva, Switzerland, from 5 May to 6 June and 7 July to 8 August 2003 in accordance with General Assembly resolution 57/21 of 19 November 2002 (E, F, S, R, C, A).
|
|||||||||||||||
|
Consideration of topics on the agenda of the 55th session With regard to the topic of “Responsibility of international organizations”, the Commission considered the Special Rapporteur's first report (A/CN.4/532 (E, F, S, R, C, A)) dealing with the scope of the work and general principles concerning responsibility of international organizations. The report proposed three draft articles which were considered by the Commission and were referred to the Drafting Committee. At its 2756th meeting, held on 13 May 2003, the Commission established an open-ended Working Group on the topic Responsibility of international organizations, under the chairmanship of the Special Rapporteur, Mr. Giorgio Gaja, to consider draft article 2. At its 2764th meeting on 28 May 2003, the Commission established a Drafting Committee, under the Chairmanship of Mr. James L. Kateka , on the topic Responsibility of international organizations At
its 2776th meeting, held on 16 July 2003, the Commission
considered the report of the Drafting Committee on Responsibility
of international organizations (A/CN.4/L.632 (E,
F,
S,
R,
C,
A);
Statement
of the Chairman of the Drafting Committee) and adopted on
first reading the following draft articles: article 1 (Scope
of the present draft articles/Champ d'application du present
projet d'articles), article 2 (Use of terms/Définition)
and article 3 (General principles/Principes généraux).
(see: Report of the International Law Commission on the work of its fifty-fifth session, chapter IV) As regards the topic “Diplomatic Protection”, the Commission considered the Special Rapporteur's fourth report (A/CN.4/530 (E, F, S, R, C, A) and Corr.1 (Spanish only) and Add.1 (E, F, S, R, C, A)), covering draft articles 17 to 22 on the diplomatic protection of corporations and shareholders and of other legal persons. The Commission considered and referred draft articles 17 to 22 to the Drafting Committee. At its 2762nd meeting, held on 23 May 2003, the Commission establised an open-ended Working Group on the topic Diplomatic Protection, under the chairmanship of the Special Rapporteur, Mr. John Dugard, to consider draft article 17, paragraph 2. At its 2753rd meeting on 7 May 2003, the Commission established a Drafting Committee, under the Chairmanship of Mr. James L. Kateka, on the topic Diplomatic protection. At
its 2768th meeting, held on 5 June 2003, the Commission
considered the report of the Drafting Committee on Diplomatic
Protection (A/CN.4/L.631 (E,
F,
S,
R,
C,
A);
Statement
of the Chairman of the Drafting Committee) and adopted on
first reading the following draft articles: article 8 [10]
(Exhaustion of local remedies/Épuisement des recours
internes), article 9 [11] (Classification of claims/Classement
des réclamations) and article 10 [14] (Exceptions
to the local remedies rule/Exceptions à la règle
de l'épuisement des recours internes).
Concerning
the topic “International liability for injurious
consequences arising out of acts not prohibited by international
law (International liability in case of loss from transboundary
harm arising out of hazardous activities)”, the Commission
considered the Special Rapporteur's first report (A/CN.4/531
(E,
F,
S,
R,
C,
A)),
concerning the legal regime for the allocation of loss.
The report reviewed the work of the Commission in the
previous years, analysed the existing liability of various
regimes and offered conclusions for the consideration
of the Commission. (see:
Report of the International Law Commission on the work of
its fifty-fifth session, chapter
VI)
As
regards the topic “Unilateral acts of States”,
the Commission considered the sixth report of the Special
Rapporteur (A/CN.4/534 (E,
F,
S,
R,
C,
A)),
which focused on the unilateral act of recognition. The
Commission also adopted the recommendations of the Working
Group dealing with the definition of the scope of the topic
and the method of work.
At its 2768th meeting on 5 June 2003, the Commission established a Drafting Committee, under the Chairmanship of Mr. James L. Kateka, on the topic Unilateral acts of States (see: Report of the International Law Commission on the work of its fifty-fifth session, chapter VII) At
its 2751st meeting on 5 May 2003, the Commission established
a Drafting Committee, under the Chairmanship of Mr. James
L. Kateka, on the topic Reservations to treaties.
(see: Report of the International Law Commission on the work of its fifty-fifth session, chapter VIII) With
regard to the topic “Shared natural resources”,
the Commission considered the first report of the Special
Rapporteur (A/CN.4/533 (E,
F,
S,
R,
C,
A)
and
Add.1 (E,
F,
S,
R,
C,
A)).
The report, which was of a preliminary nature, set out the
background to the subject and proposed to limit the scope
of the topic to the study of confined transboundary groundwaters,
oil and gas, with work to proceed initially on the first
subtopic.
(see: Report of the International Law Commission on the work of its fifty-fifth session, chapter IX) In
relation to the topic “Fragmentation of international
law: difficulties arising from the diversification and expansion
of international law”, the Commission established the
Study Group on Fragmentation of International Law: Difficulties
arising from the Diversification and Expansion of International
Law, under the Chairmanship of Mr. Martti Koskenniemi, at
its 2758th meeting, held on 16 May 2003. (see: Report of the International Law Commission on the work of its fifty-fifth session, chapter X) |
||||||||||||||||
Codification Division, Office of Legal Affairs