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Ÿþr E P O R T O F T H E I N T E R N a T I O N a L L a W C Document:- A/8710/Rev.1 Report of the International Law Commission on the work of its twenty-fourth session, 2 May - 7 July 1972, Official Records of the General Assembly, Twenty-seventh session, Supplement No.10 Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:- 1972, vol. II Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations REPORT OF THE COMMISSION TO THE GENERAL ASSEMBLY DOCUMENT A/8710/REV.1 Report of the International Law Commission on the work of its twenty-fourth session, 2 May - 7 July 1972 CONTENTS Page Abbreviations 220 Explanatory note 221 Chapter Paragraphs I. ORGANIZATION OF THE SESSION 1-13 221 A. Membership and attendance 2-3 221 B. Officers 4 222 C. Drafting Committee 5 222 D. Working Group on the question of the protection and inviolability of diplo- matic agents and other persons entitled to special protection under inter- national law 6 222 E. Secretariat 7 222 F. Agenda 8-9 222 G. Address by the Secretary-General 10-13 223 II. SUCCESSION OF STATES : SUCCESSION IN RESPECT OF TREATIES 14-53 223 A. Introduction 14-52 223 1. Summary of the Commission's proceedings 14-24 223 2. State practice 25-27 225 3. The concept of "succession of States" which emerged from the study of the topic 28-30 226 4. Relationship between succession in respect of treaties and the general law of treaties 31-34 226 5. The principle of self-determination and the law relating to succession in respect of treaties 35-38 227 6. General features of the draft articles 39-52 227 (a) Form of the draft 39-41 227 (b) Scope of the draft 42-44 228 (c) Scheme of the draft 45-52 229 B. Resolution adopted by the Commission 53 229 C. Draft articles on succession of States in respect of treaties 230 Part I. General provisions 230 Part II. Transfer of territory 249 Part III. Newly independent States 250 Section 1. General rule 250 Section 2. Multilateral treaties 254 Section 3. Bilateral treaties 272 Section 4. Provisional application 280 Section 5. States formed from two or more territories 282 Part IV. Uniting, dissolution and separation of States 286 Part V. Boundary regimes or other territorial regimes established by a treaty 298 Part VI. Miscellaneous provisions 308 219 220 Yearbook of the International Law Commission, 1972, vol. II Chapter Paragraphs Page III. QUESTION OF THE PROTECTION AND INVIOLABILITY OF DIPLOMATIC AGENTS AND OTHER PERSONS ENTITLED TO SPECIAL PROTECTION UNDER INTERNATIONAL LAW 54-69 309 A. Introduction 54-69 309 1. Summary of the Commission's proceedings 54-64 309 2. Scope, purpose and structure of the draft articles 65-69 311 B. Draft articles on the prevention and punishment of crimes against diplomatic agents and other internationally protected persons 312 IV. PROGRESS OF WORK ON OTHER TOPICS 70-76 323 A. Succession of States: succession in respect of matters other than treaties.. 71 323 B. State responsibility 72-73 323 C. The most-favoured-nation clause 74-75 323 D. The question of treaties concluded between States and international orga- nizations or between two or more international organizations 76 324 V. OTHER DECISIONS AND CONCLUSIONS OF THE COMMISSION 77-116 324 A. The law of the non-navigational uses of international watercourses 77 324 B. Organization of future work 78-79 324 C. Co-operation with other bodies 80-106 325 1. Asian-African Legal Consultative Committee 80-88 325 2. European Committee on Legal Co-operation 89-97 325 3. Inter-American Juridical Committee 98-106 326 D. Date and place of the twenty-fifth session 107 327 E. Representation at the twenty-seventh session of the General Assembly ... 108 327 F. Gilberto Amado Memorial Lecture 109-111 327 G. International Law Seminar 112-116 328 ANNEX* Observations of Member States on the question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law, transmitted to the International Law Commission in accordance with section III of General Assembly resolution 2780 (XXVI) 329 ABBREVIATIONS Benelux Customs and economic union between Belgium, Netherlands and Luxembourg BIRPI United International Bureaux for the Protection of Intellectual Property CMEA Council for Mutual Economic Assistance EEC . European Economic Community EFTA European Free Trade Association EURATOM European Atomic Energy Community FAO Food and Agriculture Organization of the United Nations GATT General Agreement on Tariffs and Trade (also the Contracting Parties and the secretariat) IAEA International Atomic Energy Agency ICAO International Civil Aviation Organization I.C.J. International Court of Justice I.C.J. Pleadings I.C.J., Pleadings, Oral Arguments, Documents * The observations contained in this annex were originally distributed as documents A/8710/Add.l and A/8710/Add.2. Report of the Commission to the General Assembly 221 I.C.J. Reports I.C.J., Reports of Judgments, Advisory Opinions and Orders 1LO International Labour Organisation IMCO Inter-Governmental Maritime Consultative Organization ITU International Telecommunication Union LAFTA Latin American Free Trade Association OAS Organization of American States OAU Organization of African Unity P.C.I.J. Permanent Court of International Justice P.C.I.J., Series A/B P.C.I.J., Judgments, Orders and Advisory Opinions P.C.I.J., Series C P.C.I.J., Pleadings, Oral Statements and Documents UAR United Arab Republic UNCITRAL United Nations Commission on International Trade Law UNESCO United Nations Educational, Scientific and Cultural Organization UNITAR United Nations Institute for Training and Research UPU Universal Postal Union WHO World Health Organization EXPLANATORY NOTE : ITALICS IN QUOTATIONS An asterisk inserted in a quotation indicates that, in the passage immediately preceding the asterisk, the italics did not appear in the original. Chapter I ORGANIZATION OF THE SESSION 1. The International Law Commission, established in the Commission's future work and a number of ad- pursuance of General Assembly resolution 174 (II) of ministrative and other questions. 21 November 1947, in accordance with its Statute annexed thereto, as subsequently amended, held its twenty-fourth session at the United Nations Office at A. Membership and attendance Geneva from 2 May to 7 July 1972. The work of the Commission during this session is described in the 2. The Commission consists of the following members: present report. Chapter II of the report, on succession of Mr. Roberto AGO (Italy); States in respect of treaties, contains a description of the Mr. Gonzalo ALCIVAR (Ecuador); Commission's work on that topic, together with 31 draft Mr. Milan BARTOS (Yugoslavia); articles and commentaries thereon, as provisionally Mr. Mohammed BEDJAOUI (Algeria); adopted by the Commission. Chapter III, on the question Mr. Suat BILGE (Turkey); of the protection and inviolability of diplomatic agents Mr. Jorge CASTANEDA (Mexico); and other persons entitled to special protection under Mr. Abdullah EL-ERIAN (Egypt); international law, contains a description of the Com- Mr. Taslim O. ELIAS (Nigeria); mission's work on that topic, together with 12 draft Mr. Edvard HAMBRO (Norway); articles and commentaries thereon, as approved by the Mr. Richard D. KEARNEY (United States of America); Commission. Chapter IV contains a description of the Mr. NAGENDRA SINGH (India); Commission's progress of work on the following topics Mr. Robert QUENTIN-BAXTER (New Zealand); on its agenda: (1) succession of States in respect of Mr. Alfred RAMANGASOAVINA (Madagascar); matters other than treaties; (2) State responsibility; Mr. Paul REUTER (France); (3) the most-favoured-nation clause; (4) the question of Mr. Zenon ROSSIDES (Cyprus); treaties concluded between States and international or- Mr. Jose Maria RUDA (Argentina); ganizations or between two or more international or- Mr. Jose SETTE CAMARA (Brazil); ganizations. Chapter V deals with the organization of Mr. Abdul Hakim TABIBI (Afghanistan); 222 Yearbook of the International Law Commission, 1972, vol. II Mr. Arnold J. P. TAMMES (Netherlands); 14 June 1972, and represented the Secretary-General on Mr. Doudou THIAM (Senegal); those occasions. Mr. Yuri M. Rybakov, Director of the Mr. Senjin TSURUOKA (Japan); Codification Division of the Office of Legal Affairs, Mr. Nikolai USHAKOV (Union of Soviet Socialist represented the Secretary-General at the other meetings Republics); of the session, and acted as Secretary to the Commission. Mr. Endre USTOR (Hungary); Mr. Nicolas Teslenko acted as Deputy Secretary to the Sir Humphrey WALDOCK (United Kingdom of Great Commission and Mr. Santiago Torres-Bernardez as Britain and Northern Ireland); Senior Assistant Secretary. Miss Jacqueline Dauchy and Mr. Mustafa Kamil YASSEEN (Iraq). Mr. Eduardo Valencia-Ospina served as assistant sec- 3. All members attended meetings of the twenty-fourth retaries. session of the Commission. F. Agenda B. Officers 8. The Commission adopted an agenda for the twenty- 4. At its 1149th meeting, held on 2 May 1972, the Com- fourth session, consisting of the following items: mission elected the following officers: 1. Succession of States: Chairman: Mr. Richard D. Kearney; (a) Succession in respect of treaties; First Vice-Chairman: Mr. Endre Ustor; {b) Succession in respect of matters other than treaties. Second Vice-Chairman: Mr. Alfred Ramangasoavina; 2. State responsibility. Rapporteur: Mr. Gonzalo Alcivar. 3. Most-favoured-nation clause. 4. Question of treaties concluded between States and inter- national organizations between two or more interna- C. Drafting Committee tional organizations. 5. Question of the protection and inviolability of diplomatic 5. At its 1158th meeting, held on 15 May 1972, the agents and other persons entitled to special protection under international law (para. 2 of section III of General Commission appointed a Drafting Committee composed Assembly resolution 2780 (XXVI). as follows: 6. (a) Review of the Commission's long-term programme of Chairman: Mr. Endre Ustor; work: "Survey of International Law" prepared by the Members: Mr.
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