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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/CN.4/132 Report of the International Law Commission covering the work of its Twelfth Session, 25 April - 1 July 1960, Official Records of the General Assembly, Fifteenth Session, No. 9 (A/4425) Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:- 1960 , 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/4425 * Report of the International Law Conunission covering the work of its twelfth session, 25 April-1 July 1960 CONTENTS Chapter Paragraphs Page I. ORGANIZATION OF THE SESSION 1-7 143 I. Membership and attendance 2-3 143 II. Officers 4-5 144 III. Agenda 6-7 144 II. CONSULAR INTERCOURSE AND IMMUNITIES 8-28 144 I. Introduction 8-18 144 II. General considerations 19-28 145 III. Draft articles on consular intercourse and immunities, and commentary III. Ad hoc DIPLOMACY 29-38 179 I. General observations 29-38 179 II. Draft articles on special missions, and commentary 179 IV. OTHER DECISIONS OF THE COMMISSION 39-47 180 I. Codification of the principles and rules of international law relating to the right of asylum 39 180 II. Study of the juridical regime of historic waters, including historic bays 40 180 III. Planning of future work of the Commission 41 180 IV. Co-operation with other bodies 42-45 180 V. Date and place of the next session 46 181 VI. Representation at the fifteenth session of the General Assembly 47 181 Also issued as Official Records of the General Assembly, Fifteenth Sessio?i, Supplement No. 9. CHAPTER I Name Country Mr. Roberto Ago Italy ORGANIZATION OF THE SESSION Mr. Gilberto Amado Brazil Mr. Milan BartoS Yugoslavia 1. The International Law Commission, established Mr. Douglas L. Edmonds United States in pursuance of General Assembly resolution 174 (II) of America of 21 November 1947, and in accordance with the Mr. Nihat Erim Turkey Statute of the Commission annexed thereto, as sub- Sir Gerald Fitzmaurice United King- sequently amended, held its twelfth session at the dom of European Office of the United Nations in Geneva from Great 25 April to 1 July 1960. The work of the Commission Britain and during the present session is described in the present Northern Report. Chapter II of the Report contains draft articles Ireland on Consular Intercourse and Immunities, with a com- Mr. J. P. A. Frangois Netherlands mentary. Chapter III contains draft articles on Special Mr. F. V. Garcia Amador Cuba Missions, with a commentary. Chapter IV deals with Mr. Shuhsi Hsu China certain administrative and other matters. Mr. Eduardo Jimenez de Arechaga Uruguay Mr. Faris El-Khouri United Arab I. Membership and attendance Republic Mr. Ahmed Matine-Daftary Iran 2. The Commission consists of the following mem- Mr. Luis Padilla Nervo Mexico bers: Mr. Radhabinod Pal India 143 144 Yearbook of the International Law Commission, Vol. II Mr. A. E. F. Sandstrom Sweden the work currently being undertaken in this field as part Mr. Georges Scelle France of the programme of International Legal Studies of the Mr. Grigory I. Tunkin Union of Harvard Law School. For the decisions taken with re- Soviet gard to items 6, 7, 8, 9 and 10, see chapter IV below. Socialist Republics CHAPTER II Mr. Alfred Verdross Austria Mr. Mustafa Kamil Yasseen Iraq CONSULAR INTERCOURSE AND IMMUNITIES Mr. Kisaburo Yokota Japan I. Introduction Mr. Jaroslav Zourek Czecho- slovakia 8. At its first session, in 1949, the International Law Commission drew up a provisional list of fourteen topics 3. On 16 May 1960 the Commission elected Mr. the codification of which it considered necessary or de- Eduardo Jimenez de Arechaga (Uruguay) to fill the sirable. On this list was the subject of " Consular inter- casual vacancy caused by the election of Mr. Ricardo course and immunities", but the Commission did not J. Alfaro to the International Court of Justice and also include this subject among those to which it accorded elected Mr. Mustafa Kamil Yasseen (Iraq) to fill the priority.1 casual vacancy caused by the resignation of Mr. Thanat Khoman. Mr. Yasseen attended the meetings of the 9. At its seventh session, in 1955, the Commission decided to begin the study of this topic and appointed Commission from 23 May and Mr. Jimenez de Arechaga 2 from 1 June onwards. Mr. Jaroslav Zourek as Special Rapporteur. 10. In the autumn of 1955 the Special Rapporteur, II. Officers wishing to ascertain the views of the members of the Commission on certain points, sent them a question- 4. At its 526th meeting on 25 April 1960, the Com- naire on the matter. mission elected the following officers: 11. The subject of "Consular intercourse and im- Chairman: Mr. Luis Padilla Nervo; munities " was placed on the agenda for the eighth First Vice-Chairman: Mr. Kisaburo Yokota; session of the Commission, which devoted two meetings Second Vice-Chairman: Mr. Milan Bartos ; to a brief exchange of views on certain points made in Rapporteur: Sir Gerald Fitzmaurice. a paper submitted by the Special Rapporteur. The 5. Mr. Yuen-li Liang, Director of the Codification Special Rapporteur was requested to continue his work Division of the Office of Legal Affairs, represented the in the light of the debate.3 Secretary-General and acted as Secretary of the Com- 12. The topic was retained on the agenda for the mission. Commission's ninth session. The Special Rapporteur submitted a report (A/CN.4/108), but in view of its m. Agenda work on other topics, the Commission was unable to 4 6. The Commission adopted an agenda for the examine this report. twelfth session consisting of the following items: 13. The Commission began discussion of the re- 1. Filling of casual vacancies in the Commission port towards the end of its tenth session, in 1958. After (article 11 of the Statute). an introductory expose by the Special Rapporteur, fol- 2. Consular intercourse and immunities. lowed by an exchange of views on the subject as a 3. State responsibility. whole and also on the first article, the Commission was 4. Law of treaties. obliged, for want of time, to defer further consideration 5. Ad hoc diplomacy. of the report until the eleventh session.5 6. General Assembly resolution 1400 (XIV) on the 14. At the same session the Commission decided to codification of the principles and rules of inter- make the draft on consular intercourse and immunities national law relating to the right of asylum. the first item on the agenda for its eleventh session 7. General Assembly resolution 1453 (XIV) on the (1959) with a view to completing at that session, and study of the juridical regime of historic waters, if possible in the course of the first five weeks, a pro- including historic bays. visional draft on which governments would be invited 8. Co-operation with other bodies. to comment.0 It further decided that if, at the eleventh 9. Date and place of the thirteenth session. session, it could complete a first draft on consular inter- 10. Planning of future work of the Commission. course and immunities to be sent to governments for 11. Other business. comments, it would not take up the subject again for 7. In the course of the session the Commission held the purpose of preparing a final draft in the light of fifty-four meetings. It took up all the items on its agenda except item 4 (Law of treaties). At its 566th 1 Official Records of the General Assembly, Fourth Session, and 568th meetings the Commission held a discussion Supplement No. 10 (A/925), paras. 16 and 20. on item 3 (State responsibility), in the course of which 2 Ibid., Tenth Session, Supplement No. 9 (A/2934), para. 34. it heard a statement by Mr. Antonio Gomez Robledo, 3 Ibid., Eleventh Session, Supplement No. 9 (A/3159), para. 36 4 Ibid., Twelfth Session, Supplement No. 9 (A/3623), para. 20. observer of the Inter-American Juridical Committee, 5 Ibid., Thirteenth Session, Supplement No. 9 (A/3859), para. 56. and also a statement by Professor Louis B. Sohn on 6 Ibid., para. 57. Report of the Commission to the General Assembly 145 those comments until its thirteenth session (1961), and II. General considerations would proceed with other subjects at its twelfth session (1960). 19. Consular intercourse and immunities are gov- erned partly by municipal law and partly by interna- 15. The Commission also decided, because of the tional law. Very often regulations of municipal law deal similarity of this topic to that of diplomatic intercourse with matters governed by international law. Equally, con- and immunities which had been debated at two previous sular conventions sometimes regulate questions which sessions, to adopt an accelerated procedure for its work are within the province of municipal law, e.g. the form on this topic. Lastly, it decided to ask all the members of the consular commission. In drafting a code on who might wish to propose amendments to the existing consular intercourse and immunities, it is necessary, as draft presented by the Special Rapporteur to come to the Special Rapporteur has pointed out,8 to bear in mind the session prepared to put in their principal amendments the distinction between those aspects of the status of in writing within a week, or at most ten days, of its consuls which are principally regulated by municipal opening.7 law and those which are regulated by international law. 16. The Special Rapporteur for this topic, Mr. 20. The codification of the international law on Jaroslav Zourek, having been prevented by his duties as consular intercourse and immunities involves another ad hoc judge on the International Court of Justice from special problem arising from the fact that the subject attending the meetings of the Commission during the is regulated partly by customary international law, and first few weeks of the eleventh session, the Commission partly by a great many international conventions which was not able to take up the consideration of the draft today constitute the principal source of consular law.
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