The Fortieth Session of the International Law Commission

1989 ◽  
Vol 83 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Stephen C. Mccaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

The Forty-First Session of the International Law Commission

1989 ◽  
Vol 83 (4) ◽  
pp. 937-945 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.

The Thirty-Fifth Session of the International Law Commission

1984 ◽  
Vol 78 (2) ◽  
pp. 457-480 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Law ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The 35th session of the International Law Commission was held in Geneva from May 3 to July 22, 1983 under the chairmanship of Ambassador Laurel Francis. The Commission considered all seven substantive items on its agenda: state responsibility; jurisdictional immunities of states and their property; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; the Draft Code of Offences against the Peace and Security of Mankind; the law of the non-navigational uses of international watercourses; international liability for injurious consequences arising out of acts not prohibited by international law; and relations between states and international organizations (second part of the topic). The Drafting Committee, which met a record 30 times, reported out a total of 15 articles concerning three of the above topics (jurisdictional immunities, state responsibility and the diplomatic courier and bag), all of which were provisionally adopted by the Commission. The entire session is dealt with in some detail in the Commission’s 1983 report to the General Assembly. Only the highlights will be covered here.

The Forty-third Session of the International Law Commission

1991 ◽  
Vol 85 (4) ◽  
pp. 703-709 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
Sierra Leone ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The forty-third session of the United Nations International Law Commission (ILC) was held in Geneva from April 29 to July 19, 1991, and was chaired by Ambassador Abdul Koroma of Sierra Leone. During the session, the last of the ILC’s current five-year term of office, the Commission adopted full sets of draft articles on three of the subjects on its agenda. It completed the second reading, or final adoption, of the draft on jurisdictional immunities of states and their property, and approved on first reading its articles on the law of the non-navigational uses of international watercourses, and the Draft Code of Crimes against the Peace and Security of Mankind. In its report to the General Assembly, the Commission recommended that the Assembly convene a diplomatic conference charged with concluding a convention on the basis of the draft articles on jurisdictional immunities. The drafts on watercourses and crimes were sent to governments for their comments, which the Commission requested they submit by January 1, 1993. The ILC will then give each of those drafts a second reading, taking into account the observations received from states. In addition to the progress made on these topics, the Commission considered reports on the three remaining subjects on its agenda: international liability for injurious consequences arising out of acts not prohibited by international law, relations between states and international organizations (second part of the topic) and state responsibility.

The Forty-Seventh Session Of The International Law Commission

1996 ◽  
Vol 90 (1) ◽  
pp. 106-115
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
State Succession ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-seventh session from May 2 to July 20, 1995, under the chairmanship of Pemmaraju S. Rao of India. The Commission continued its work on existing topics and considered aspects of the Draft Code of Crimes against die Peace and Security of Mankind, state responsibility, and liability for injurious consequences arising out of acts not prohibited by international law. The Commission began work on the two new topics of “state succession and its impact on the nationality of natural and legal persons” (“nationality“) and “the law and practice relating to reservations to treaties” (“reservations“) and made a recommendation as to two additional topics for its future agenda.

The Forty-Second Session of the International Law Commission

1990 ◽  
Vol 84 (4) ◽  
pp. 930-943 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
State Responsibility ◽  
Peace And Security ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-second session from May 1 to July 20, 1990, under the Chairmanship of Professor Shi Jiuyong. In the context of its work on the Draft Code of Crimes against the Peace and Security of Mankind, the Commission considered the establishment of an international criminal court and adopted three articles of the code. Also at the forty-second session, the Commission adopted six articles on the law of the non-navigational uses of international watercourses and discussed reports on state responsibility, relations between states and international organizations, international liability for injurious consequences arising out of acts not prohibited by international law and jurisdictional immunities of states and their property.

The Forty-ninth Session of the International Law Commission

1998 ◽  
Vol 92 (1) ◽  
pp. 107-112
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Diplomatic Protection ◽  
Working Groups ◽  
The United Nations ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-ninth session in Geneva from May 12 to July 18, 1997, under the chairmanship of Professor Alain Pellet of France. The Commission concluded its first reading of a draft declaration on nationality in relation to the succession of states; adopted preliminary conclusions on a key element of the topic of reservations to treaties; and appointed new special rapporteurs for state responsibility, international liability for injurious consequences of acts not prohibited by international law, unilateral acts of states, and diplomatic protection. The Commission also established working groups on each of these topics.

The Draft Code of Offences Against the Peace and Security of Mankind

1981 ◽  
Vol 75 (3) ◽  
pp. 674-679 ◽  
Author(s):  
Benjamin B. Ferencz
Keyword(s):  
United Nations ◽  
International Law ◽  
International Crime ◽  
General Assembly ◽  
Draft Code ◽  
Progressive Development ◽  
Peace And Security ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

At its session that ended in December 1980, the United Nations considered a subject that had been allowed to lie dormant for over a quarter of a century. It was first taken up in 1946, after President Truman called for the reaffirmation of “the principles of the Niirnberg Charter in the context of a general codification of offenses against the peace and security of mankind.” The General Assembly responded promptly by passing three resolutions in rapid succession on December 11, 1946, which created a Committee for the Progressive Development of International Law and its Codification, affirmed the Nuremberg principles, and declared that genocide was an international crime. The International Law Commission (ILC) was charged with preparing the desired Code of Offences after its establishment in 1947. Yet, 34 years after the General Assembly’s call for action, the refrain was still being heard: “The time is not yet ripe.” The question likely to face the United Nations when it reconvenes in 1981 will be: “If not now, when?”

The Third Session of the International Law Commission: Review of its Work by the General Assembly –I

1952 ◽  
Vol 46 (3) ◽  
pp. 483-503 ◽  
Author(s):  
Yuen-Li Liang
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Draft Code ◽  
The Third ◽  
Peace And Security ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission ◽  
High Seas

The International Law Commission of the United Nations held its third session at Geneva, Switzerland, from May 16 to July 27, 1951. In the course of fifty-three meetings, the Commission completed its work on the following items: (1) reservations to multilateral conventions; (2) question of defining aggression; and (3) preparation of a draft code of offenses against the peace and security of mankind. It also concluded the first phase of a review of its Statute. In the field of the codification of international law, the Commission undertook further consideration of the topics of (1) law of treaties and (2) regime of the high seas. It also decided to initiate work on the topics of “nationality, including statelessness” and “regime of territorial waters,” and appointed Judge Manley 0. Hudson and Professor J. P. A. Frangois special rapporteurs, respectively, for these topics. The actions (including some of an administrative character) taken by the Commission are set forth in a report to the General Assembly.

The Fifty-Sixth Session of the International Law Commission

2005 ◽  
Vol 99 (1) ◽  
pp. 211-221 ◽  
Author(s):  
Michael J. Matheson
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Diplomatic Protection ◽  
Sixth Session ◽  
International Liability ◽  
International Law Commission ◽  
Fragmentation Of International Law ◽  
Law Commission

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

5 Rules of Attribution

2020 ◽  
Author(s):  
Hobér Kaj
Keyword(s):  
United Nations ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
Final Version ◽  
Legal Principles ◽  
Form Part ◽  
Energy Charter Treaty ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the rules of attribution. The State is not responsible for all acts and omissions of its nationals, but only for those which can be attributed to the State. It is thus necessary to establish this link between the State and the person, or persons, committing an unlawful act or omission. The legal principles used to establish this link are usually referred to as rules of attribution. The rules of attribution form part of the law of state responsibility, which, to a large part, is reflected in the work of the International Law Commission (ILC) of the United Nations. At its fifty-third session in 2001, the ILC adopted its final version of the ILC Articles on Responsibility of States for Internationally Wrongful Acts. The ILC Articles are intended to cover all aspects of state responsibility under international law. The rules of attribution are laid down in Chapter II of the ILC Articles. From an Energy Charter Treaty perspective, Articles 4—8 are the most relevant ones. The central provision with respect to attribution is Article 4, which confirms the well-established principle of international law that the State is responsible for the acts of its own organs acting in the capacity of the State.

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