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]