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Yearbook of the International Law Commission 2007 YEARBOOK OF THE INTERNATIONAL LAW COMMISSION LAW THE INTERNATIONAL YEARBOOK OF A/CN.4/SER.A/2007/Add.1 (Part 1) YEARBOOK OF THE INTERNATIONAL LAW COMMISSION 2007 2007 Volume II Volume II Part One Volume Part One Documents of the fifty-ninth session United Nations publication UNITED NATIONS Sales No. E.12.V.11 USD 36 ISSN 0082-8289 ISBN 978-92-1-133796-9 UNITED NATIONS Printed at United Nations, Geneva–GE.11-63451–September 2013–749 A/CN.4/SER.A/2007/Add.l (Part 1) YEARBOOK OF THE INTERNATIONAL LAW COMMISSION 2007 Volume II Part One Documents of the fifty-ninth session UNITED NATIONS New York and Geneva, 2013 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. References to the Yearbook of the International Law Commission are abbreviated to Yearbook ..., followed by the year (for example, Yearbook ... 2006). The Yearbook for each session of the International Law Commission comprises two volumes: Volume I: summary records of the meetings of the session; Volume II (Part One): reports of special rapporteurs and other documents considered during the session; Volume II (Part Two): report of the Commission to the General Assembly. All references to these works and quotations from them relate to the final printed texts of the volumes of the Yearbook issued as United Nations publications. * * * The reports of the special rapporteurs and other documents considered by the Commission dur- ing its fifty-ninth session, which were originally issued in mimeographed form, are reproduced in the present volume, incorporating the corrigenda issued by the Secretariat and the editorial changes required for the presentation of the final text. A/CN.4/SER.A/2007/Add.l (Part 1) UNITED NATIONS PUBLICATION Sales No. E.12.V.11 (Part 1) ISBN 978-92-1-133796-9 e-ISBN 978-92-1-055657-6 ISSN 0082-8289 CONTENTS Page Abbreviations ............................................................................................................................ iv Note concerning quotations ...................................................................................................... iv Shared natural resources (agenda item 2) Document A/CN.4/580. Fourth report on shared natural resources: transboundary groundwa- ters, by Mr. Chusei Yamada, Special Rapporteur ................................................................. 1 Responsibility of international organizations (agenda item 3) Document A/CN.4/583. Fifth report on responsibility of international organizations, by Mr. Giorgio Gaja, Special Rapporteur .................................................................................. 5 Document A/CN.4/582. Comments and observations received from international organi- zations ................................................................................................................................... 17 Reservations to treaties (agenda item 4) Document A/CN.4/584. Twelfth report on reservations to treaties, by Mr. Alain Pellet, Special Rapporteur ............................................................................................................................ 33 Document A/CN.4/586. Note by Mr. Alain Pellet, Special Rapporteur .................................... 51 Effects of armed conflicts on treaties (agenda item 5) Document A/CN.4/578. Third report on the effects of armed conflicts on treaties, by Mr. Ian Brownlie, Special Rapporteur .................................................................................. 55 The obligation to extradite or prosecute (aut dedere aut judicare) (agenda item 6) Document A/CN.4/585. Second report on the obligation to extradite or prosecute (aut dedere aut judicare), by Mr. Zdzislaw Galicki, Special Rapporteur ............................................... 67 Document A/CN.4/579 and Add.1–4. Comments and observations received from Governments ... 81 Expulsion of aliens (agenda item 7) Document A/CN.4/581. Third report on the expulsion of aliens, by Mr. Maurice Kamto, Special Rapporteur ............................................................................................................... 109 Checklist of documents of the fifty-ninth session ..................................................................... 133 iii ABBREVIatIONS FAO Food and Agriculture Organization of the United Nations IAEA International Atomic Energy Agency ICAO International Civil Aviation Organization ICJ International Court of Justice ICRC International Committee of the Red Cross IMCO Intergovernmental Maritime Consultative Organization (now IMO) IMF International Monetary Fund IMO International Maritime Organization (formerly IMCO) INTERPOL International Criminal Police Organization NATO North Atlantic Treaty Organization OAS Organization of American States OPCW Organization for the Prohibition of Chemical Weapons PCIJ Permanent Court of International Justice UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR Office of the United Nations High Commissioner for Refugees UPU Universal Postal Union WHO World Health Organization * * * AC Appeals Court ECHR European Court of Human Rights I.C.J. Reports ICJ, Reports of Judgments, Advisory Opinions and Orders ILM International Legal Materials (Washington, D.C.) ILR International Law Reports (Cambridge) OJ L Official Journal of the European Communities, L Series P.C.I.J., Series A PCIJ, Collection of Judgments (Nos. 1–24: up to and including 1930) P.C.I.J., Series B PCIJ, Judgments, Orders and Advisory Opinions (Nos. 1–18: up to and including 1930) RGDIP Revue générale de droit international public (París) SLR Sri Lanka Law Reports UNRIAA United Nations, Reports of International Arbitral Awards U.S.C. United States Code * * * NOTE CONCERNING QUotatIONS In quotations, words or passages in italics followed by an asterisk were not italicized in the original text. Unless otherwise indicated, quotations from works in languages other than English have been translated by the Secretariat. * * * The Internet address of the International Law Commission is www.un.org/law/ilc/. iv SHARED natURAL RESOURCES [Agenda item 2] DOCUMENT A/CN.4/580 Fourth report on shared natural resources: transboundary groundwaters, by Mr. Chusei Yamada, Special Rapporteur [Original: English] [6 March 2007] CONTENTS Paragraphs Page INTRODUCTION ............................................................................................................................................................................ 1–5 1 Chapter I. OIL AND NATURAL GAS ................................................................................................................................................... 6–12 2 II. RELATIONSHIP BETWEEN THE WORK ON GROUNDWATERS AND THAT ON OIL AND GAS ............................................................. 13–15 3 Introduction 1. The International Law Commission, at its fifty-fourth aquifers and made their comments and observations5 on all session in 2002, decided to include the topic “Shared aspects of the draft articles and the commentaries thereto natural resources” in its programme of work.1 It pro- and on the final form of the draft articles as requested by ceeded with the examination of the topic based on the the Commission.6 The Special Rapporteur wishes to defer three reports2 submitted by the Special Rapporteur, who the examination of these comments and observations until proposed a step-by-step approach to the topic beginning January 2008, when he will have received further written with transboundary groundwaters. The Commission, at its submissions from Governments. fifty-eighth session in 2006, adopted on first reading draft articles on the law of transboundary aquifers consisting 3. There is, however, one aspect that the Commission of 19 draft articles, together with commentaries thereto.3 needs to address at its fifty-ninth session in 2007. That is It also decided to transmit the draft articles, through the the aspect concerning the future work on the topic “Shared Secretary-General, to Governments for comments and natural resources”, in particular the relationship between observations, with the request that such comments and the work on groundwaters, on one hand, and the work observations be submitted to the Secretary-General by on oil and natural gas, on the other hand. The Commis- 1 January 2008.4 sion decided to focus on transboundary groundwaters for the time being, but the question of oil and natural gas was 2. In the debate on the report of the Commission on the raised by some members from time to time. In response to work of its fifty-eighth session held in the Sixth Commit- the queries from those members, the Special Rapporteur tee during the sixty-first session of the General Assembly clarified his position in his summing up of the debate in in 2006, delegations welcomed the completion of the first 2005 that due attention should be given to the question of reading of the draft articles on the law of transboundary oil and natural gas before consideration of the second read- ing of the draft articles on the law of transboundary aquifers was completed, because the proposed measures relating to 1 Yearbook … 2002, vol. II (Part Two), p. 100, para. 518 (a). aquifers might have implications for the future work of the 2 Yearbook … 2003, vol. II (Part One), p. 117, document A/ Commission on oil and natural gas and conversely current CN.4/533 and Add.1; Yearbook … 2004, vol. II (Part One), document A/CN.4/539 and
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