Yearbook of the International Law Commission

English
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2412-1525 (online)
http://dx.doi.org/10.18356/ddb87c89-en
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Following a request by the International Law Commission, the General Assembly, in resolution 987 (X) of 3 December 1955, requested the Secretary-General to arrange for publishing an annual publication entitled Yearbook of the International Law Commission, containing the principal documents and summary records relating to each ILC session. It has since been published annually in two volumes in respect of each session.
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Yearbook of the International Law Commission 2006, Vol. II, Part 2

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UN
21 July 2014
Pages:
248
ISBN:
9789210556583 (PDF)
http://dx.doi.org/10.18356/25997571-en

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The Yearbook contains the official records of the International Law Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part Two) reproduces the edited version of the annual report of the Commission to the General Assembly.

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  • Expand / Collapse Hide / Show all Abstracts Report of the international law commission on the work of its fifty-eight session (1-May-9 June and 3 July-11 August 2006)

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    • Abbreviations
    • Multilateral instruments cited in the present volume
    • Organization of the session
      The International Law Commission held the first part of its fifty-eighth session from 1 May to 9 June 2006 and the second part from 3 July to 11 August 2006 at its seat at the United Nations Office at Geneva. The session was opened by Mr. Djamchid Momtaz, Chairperson of the Commission at its fifty-seventh session.
    • Summary of the work of the commission at its fifth-eight session
      Concerning the topic "Diplomatic protection", the Commission considered the seventh report of the Special Rapporteur (A/CN.4/567). The Commission subsequently completed the second reading of the topic. The Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly the elaboration of a convention on the basis of the draft articles on diplo- matic protection (see chapter IV).
    • Specific issues on which comments would be of particular interest to the commission
      In view of its completion on first reading of the draft articles on the law of transboundary aquifers, the Commission would welcome from Governments:
    • Diplomatic protection
      At its forty-seventh session (1995), the Commission endorsed the recommendation of the Working Group on the long-term programme of work in favour of the topic, and decided, subject to the approval of the General Assembly, to include it on its agenda. At its forty-eighth session (1996), the Commission identified "Diplomatic protection" as one of three topics appropriate for codifica- tion and progressive development. The General Assembly, in its resolution 51/160 of 16 December 1996, sub- sequently invited the Commission further to examine the topic and to indicate its scope and content in the light of the comments and observations made during the debate in the Sixth Committee and any written comments that Governments might wish to make.
    • International liability for injurious consequences arising out of acts not prohibited by international law (International liability in case of loss from transboundary harmarising out of hazardous activities)
      The Commission, at its thirtieth session (1978), included the topic "International liability for injurious consequences arising out of acts not prohibited by international law" in its programme of work and appointed Mr. Robert Q. Quentin-Baxter Special Rapporteur.
    • Shared natural resources
      The Commission, at its fifty-fourth session (2002), decided to include the topic "Shared natural resources" in its programme of work and appointed Mr. Chusei Yamada as Special Rapporteur. A working group was also established to assist the Special Rapporteur in sketching out the general orientation of the topic m the light of the syllabus prepared in 2000. The Special Rapporteur indicated his intention to deal with confined transboundary groundwaters, oil and gas in the context of the topic and proposed a step-by-step approach beginning with groundwaters.
    • Responsibility of international organization
      At its fifty-second session (2000), the Commission decided to include the topic "Responsibility of international organizations" in its long-term programme of work. The General Assembly, in paragraph 8 of its resolution 55/152 of 12 December 2000. took note of the Commission s decision with regard to the long-term programme of work, and of the syllabus for the new topic annexed to the Commission s 2000 report to the General Assembly on the work of its fifty-second sesson. The General Assembly, in paragraph 8 of its resolution 56/82 of 12 December 2001. requested the Commission to begin its work on the topic "Responsibility of international organizations".
    • Reservation of treaties
      The General Assembly, in its resolution 48/31 of 9 December 1993. endorsed the decision of the International Law Commission to include in its agenda the topic 'The law and practice relating to reserv ations to treaties".
    • Unilateral acts of states
      In the report of the Commission to the General Assembly on the work of its forty-eighth session (1996), the Commission proposed to the General Assembly that the law of unilateral acts of States should be included as a topic appropriate for the codification and progressive development of international law.
    • Effects of armed conflicts on treaties
      The Commission, at its fifty-second session, held in 2000. identified the topic ' Effects of armed conflicts on treaties" for inclusion in its long-term programme of work. A brief syllabus describing the possible overall structure and approach to the topic was annexed to the report of the Commission to the General Assembly on the work of its fifty-second session. In paragraph 8 of its resolution 55/152 of 12 December 2000, the General Assembly took note of the topic s inclusion.
    • The obligation to extradite or prosecute (aut dedere sut judicare)
      The Commission, at its fifty-sixth session (2004), identified the topic "Obligation to extradite or prosecute {aut dedere aut judicare)" for inclusion in its long-term programme of work. A brief syllabus describing the possible overall structure and approach to the topic was annexed to the report of the Commission to the General Assembly on the work of its fifty-sixth session.961 The General Assembly, in resolution 59/41 of 2 December 2004, took note of the Commission's report concerning its long-term programme of work.
    • Fragmentation of international law: difficulties arising from the diversification and expansion of international law
      The Commission, at its fifty-fourth session (2002), decided to include the topic "Risks ensuing from fragmentation of international law" in its programme of work; it established a Study Group and subsequently decided to change the title of the topic to "The fragmentation of international law: difficulties arising from the diversification and expansion of international law". The Commission also agreed on a number of recommendations, including recommendations on five studies to be undertaken,965 commencing with a study by the Chairperson of the Study Group on the question of "The function and scope of the lex specialis rule and the question of 'self-contained regimes'".
    • Other decisions and conclusions of the commission
      The Commission had before it the second report of the Special Rapporteur for the topic. Mr. Maurice Kamto (A/CN.4/573) and a memorandum prepared by the Secretariat (A/CN.4/565 and Corr.l). The Commission decided to consider the report at its next session in 2007.
    • Immunity of state officials from foreign criminal jurisdiction
      The question of the immunity of State officials from foreign criminal jurisdiction has begun to attract greater attention in recent years. This is connected to a large extent with the growth of the concept of protection of human rights, a decline in willingness to tolerate gross violations of human rights, and efforts to combat terrorism, transnational crime, corruption and money laundering. Society no longer wishes to condone impunity on the part of those who commit these crimes, whatever their official position in the State. At the same time it can hardly be doubted that immunity of State officials is indispensable to keep stable inter-State relations.
    • Jurisdictional immunity of international organization
      The adoption of the 1969 Vienna Convention on the Law of Treaties and of the draft articles on State responsibility for internationally wrongful acts, in 2001, prompted the Commission to take up parallel studies with regard to international organizations. The recent adoption through General Assembly resolution 59/38, of 2 December 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property gives the opportunity for the Commission to reconsider whether it should undertake a study of the jurisdictional immunity of international organizations.
    • Protection of persons in the event of disaster
      The topic "Protection of persons in the event of disasters" would fall within the category of "new developments in international law and pressing concerns of the international community as a whole" as contemplated by the Commission, at its forty-ninth session, upon establishing guide- lines for the inclusion of topics in the long-term programme of work. The focus of the topic would, at the initial stage, be placed on the protection of persons in the context of natural disasters or natural disaster components of broader emergencies, through the undertaking of activities aimed at the prevention, and mitigation of the effects, of natural disasters as well as through the provision of humanitarian relief in the immediate wake of natural disasters. In light of the present state of development of existing international law regulating disaster relief, as well as the perceived need for a systematization of such law, particularly from among the ranks of the disaster relief community (both within and beyond the United Nations), the consideration of such a topic by the Commission is merited.
    • Protection of personal data in transboundry flow of information (secretariat)
      It is proposed that the International Law Commission consider including the topic "Protection of personal data in the transborder flow of information" in its long-term programme of work.
    • Extraterritorial jurisdiction
      Traditionally, the exercise of jurisdiction by a State was primarily limited to persons, property and acts within its territory and to relatively exceptional situations in which its nationals travelled beyond its borders. Today, the exercise of extraterritorial jurisdiction by a State with respect to persons, property or acts outside its territory has become an increasingly common phenomenon largely as a consequence of: (a) the increase in the movement of persons beyond national borders;1 (b) the growing number of multinational corporations; (c) the globalization of the world economy,2 including international banking and international stock exchanges: (d) the increase in transnational criminal activities, including drug trafficking, money laundering, securities fraud and international terrorism; (e) the increase in illegal migration:3 and (/) the increasing use of the Internet across national borders for legal or illegal purposes, such as electronic contracts, e-commerce and cybercrimes.
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