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Summary

Effects of armed conflicts on treaties
last update: 30 June 2005

At its fifty-second session, in 2000, the Commission, on the basis of the recommendation of a Working Group on the long-term programme of work, identified the topic “Effects of armed conflicts on treaties” for inclusion in its long-term programme of work. [1]  

The General Assembly, in resolution 55/152 of 12 December 2000 (E, F, S, R, C, A), took note of the Commission’s report concerning its long-term programme of work. In resolution 56/82 of 12 December 2001 (E, F, S, R, C, A), the Assembly requested the Commission to further consider the topic, having due regard to comments made by Governments.

At its fifty-sixth session, in 2004, the Commission decided to include the topic “Effects of armed conflicts on treaties" in its programme of work and to appoint Mr. Ian Brownlie as Special Rapporteur for the topic. [2]  

The General Assembly, in resolution 59/41 of 2 December 2004 (E, F, S, R, C, A), endorsed the Commission’s decision to include the topic in its programme of work.

At its fifty-seventh session, in 2005, the Commission had before it the first report of the Special Rapporteur [3] containing an entire set of draft articles and providing an overall view of the topic. The Commission also had before it a memorandum prepared by the Secretariat entitled, “The effect of armed conflict on treaties: an examination of practice and doctrine” [4]. The Commission endorsed the Special Rapporteur's suggestion that the Secretariat be requested to circulate a note to Governments requesting information about their practice with regard to the topic, in particular more contemporary practice. [5]



[1]  See Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 10 (A/55/10), paras. 726-728 and 729 (2). For the syllabus on the topic, see ibid., annex (2).

[2]  See Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 10 (A/59/10), para. 364.

[3]  Document A/CN.4/552 (E, F, S, R, C, A).

[4]  Document A/CN.4/550 (E, F, S, R, C, A) and Corr.1 (E, F, S, R, C, A). For the consideration of the topic by the Commission at its fifty-seventh session see: Official Records of the General Assembly, Sixtieth Session, Supplement No. 10 (A/60/10), paras. 108 - 191.

[5]  Official Records of the General Assembly, Sixtieth Session, Supplement No. 10 (A/60/10), para. 112.

 



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