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Report of the International Law Commission on the Work of Its Document:- A/CN.4/141 Report of the International Law Commission on the work of its Thirteenth Session, 1 May to July 1961, Official Records of the General Assembly, Sixteenth Session, Supplement No. 10 (A/4843) Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:- 1961 , 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/4843 Report of the International Law Commission covering the work of its thirteenth session, 1 May - 7 July 1961 CONTENTS Page Page I. ORGANIZATION OF THE SESSION 88 III. Co-operation with other bodies 129 I. Membership and attendance 88 IV. Date and place of the next session 129 II. Officers 89 V. Representation at the sixteenth session of the III. Agenda 89 General Assembly 129 II. CONSULAR INTERCOURSE AND IMMUNITIES ANNEXES I. Introduction 89 II. Recommendation of the Commission to convene an I. Comments by governments on the draft articles con- international conference on consular relations ... 91 cerning consular intercourse and immunities adopted by III. General considerations 91 the International Law Commission at its twelfth session in 1960 129 IV. Draft articles on consular relations, and com- mentaries 92 II. Table of references indicating the correspondence between the numbers allocated to the articles of the final III. OTHER DECISIONS AND CONCLUSIONS OF THE COMMISSION draft on consular relations adopted by the International I. Law of treaties 128 Law Commission and those allocated to the articles,of the II. Planning of the future work of the Commission 128 various preliminary proposals and drafts 171 Chapter I ORGANIZATION OF THE SESSION 1. The International Law Commission, established in Mr. Nihat Enm Turkey pursuance of General Assembly resolution 174 (II) of Mr. J. P. A. Francois Netherlands 21 November 1947, and in accordance with the Statute Mr. F. V. Garcia-Amador Cuba of the Commission annexed thereto, as subsequently amended, held its thirteenth session at Geneva from Mr. Andre Gros France 1 May to 7 July 1961. The meetings were held at the Mr. Shuhsi Hsu China European Office of the United Nations until 2 June and Mr. Eduardo Jimenez de Arechaga Uruguay thereafter at the International Labour Office at the Mr. Faris El-Khouri United Arab invitation of its Director-General. The work of the Com- Republic mission during the present session is described in this Mr. Ahmed Martine-Daftary Iran report. Chapter II of the report contains the draft Mr. Luis Padilla Nervo Mexico articles on consular relations, with commentaries. Chapter III deals with a number of administrative Mr. Radhabinod Pal India and other questions. Mr. A. E. F. Sandstrom Sweden Mr. Senjin Tsuruoka Japan I. Membership and attendance Mr. Grigory I. Tunkin Union of Soviet Socialist 2. The Commission consists of the following mem- Republics bers: Mr. Alfred Verdross Austria Name Nationality Sir Humphrey Waldock United Kingdom Mr. Roberto Ago Italy of Great Britain Mr. Gilberto Amado Brazil and Northern Ireland Mr. Milan Barto§ Yugoslavia Mr. Mustafa Kamil Yasseen Iraq Mr. Douglas L. Edmonds United States of Mr. Jaroslav Zourek America Czechoslovakia 88 Report of the Commission to the General Assembly 89 3. On 2 May 1961, the Commission elected Mr. 5. Mr. Yuen-li Liang, Director of the Codification Andre Gros (France), Mr. Senjin Tsuruoka (Japan) Division of the Office of Legal Affairs, represented and Sir Humphrey Waldock (United Kingdom of the Secretary-General and acted as Secretary to the Great Britain and Northern Ireland) to fill the vacancies Commission. caused by the death of Mr. Georges Scelle, the resigna- tion of Mr. Kisaburo Yokota and the election of Sir in. Agenda Gerald Fitzmaurice to the International Court of Jus- tice. Mr. Gros attended the meetings of the Commission 6. The Commission adopted an agenda for the thir- from 5 May, Sir Humphrey Waldock from 8 May and teenth session consisting of the following items: Mr. Senjin Tsuruoka from 23 May onwards. Mr. Faris 1. Filling of casual vacancies in the Commission (article 11 El-Khouri did not attend the meetings of the Com- of the Statute) mission. 2. Consular intercourse and immunities 3. State responsibility II. Officers 4. Law of treaties 5. Co-operation with other bodies 4. At its 580th meeting, held on 1 May 1961, the Commission elected the following officers: 6. Planning of future work of the Commission 7. Date and place of the fourteenth session Chairman: Mr. Grigory I. Tunkin; 8. Other business First Vice-Chairman: Mr. Roberto Ago; 7. In the course of the session, the Commission held forty-eight meetings. It considered all the items on its Second Vice-Chairman: Mr. Eduardo Jimenez de agenda except item 3 (State responsibility). The deci- Arechaga; sions taken on items 4, 5, 6 and 7 are dealt with in Rapporteur: Mr. Ahmed Matine-Daftary. chapter III below. Chapter II CONSULAR INTERCOURSE AND IMMUNITIES I. Introduction work on other topics, the Commission was unable to examine this report.4 8. At its first session, in 1949, the International Law 13. The Commission began discussion of the report Commission drew up a provisional list of fourteen towards the end of its tenth session, in 1958. After an topics the codification of which it considered necessary introductory expose by the Special Rapporteur, followed or desirable. On this list was the subject of " Consular by an exchange of views on the subject as a whole and intercourse and immunities ", but the Commission did also on the first article, the Commission was obliged, not include this subject among those to which it accorded 1 for want of time, to defer further consideration of the priority. report until the eleventh session.5 9. At its seventh session, in 1955, the Commission 14. At the same session, the Commission decided decided to begin the study of this topic and appointed 2 to make the draft on consular intercourse and immunities Mr. Jaroslav Zourek as Special Rapporteur. the first item on the agenda for its eleventh session 10. In the autumn of 1955 the Special Rapporteur, (1959) with a view to completing at that session, and wishing to ascertain the views of the members of the if possible in the course of the first five weeks, a Commission on certain points, sent them a questionnaire provisional draft on which governments would be on the matter. invited to comment. It further decided that if, at the 11. The subject of " Consular intercourse and im- eleventh session, if could complete a first draft on munities " was placed on the agenda for the eighth consular intercourse and immunities to be sent to session of the Commission, which devoted two meetings governments for comments, it would not take up the to a brief exchange of views of certain points made in subject again for the purpose of preparing a final draft a paper submitted by the Special Rapporteur. The in the light of those comments until its thirteenth session (1961), and would proceed with other subjects at its Special Rapporteur was requested to continue his work 6 in the light of the debate.3 twelfth session (I960). 12. The topic was retained on the agenda for the 15. The Commission also decided, because of the Commission's ninth session. The Special Rapporteur similarity of this topic to that of diplomatic intercourse submitted a report (A/CN.4/108), but in view of its and immunities which had been debated at two previous sessions, to adopt an accelerated procedure for its work 1 Official Records of the General Assembly, Fourth Session, Supplement No. 10 (A/925), paras. 16 and 20. 4 Ibid., Twelfth Session, Supplement No. 9 (A/3623), para. 20. 2 Ibid., Tenth Session, Supplement No. 9 (A/2934), para. 34. 5 Ibid., Thirteenth Session, Supplement No. 9 (A/3859), para. 56. 3 Ibid., Eleventh Session, Supplement No. 9 (A/3159), para. 36. 6 Ibid., paras. 57 and 61. 90 Yearbook of the International Law Commission, Vol. II on this topic. Lastly, it decided to ask all the members 20. During the discussion by the General Assembly who might wish to propose amendments to the existing of the International Law Commission's report on the draft presented by the Special Rapporteur to come to work of its twelfth session,10 of which the draft articles the session prepared to put in their principal amend- on consular intercourse and immunities form the main ments in writing within a week, or at most ten days, part, there was an exchange of views on the draft as of its opening.7 a whole and on the form it should take, although, 16. The Special Rapporteur for this topic, Mr. owing to its provisional nature, the draft had been Jaroslav 2ourek, having been prevented by his duties submitted to the Assembly for information only. While as ad hoc judge on the International Court of Justice reserving the positions of their respective governments, from attending the meetings of the Commission during the representatives in the Sixth Committee of the the first few weeks of the eleventh session, the Com- General Assembly expressed general satisfaction with mission was not able to take up the consideration of the draft. the draft articles on consular intercourse and immunities 21. Almost all representatives approved the Com- until after his arrival in Geneva, starting from the fifth mission's proposal to prepare a draft which would form week. At its 496th to 499th, 505th to 551th, 513th, 514th, the basis of a multilateral convention on the subject.11 516th to 518th and 523rd to 525th meetings, the Com- 22.
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