Document:- A/CN.4/173 Report of the International Law Commission on the work of its Sixteenth Session, 11 July 1964, Official Records of the General Assembly, Nineteenth Session, Supplement (A/5809) Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:- 1964 , 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/5809* Report of the International Law Commission covering the work of its sixteenth session, 11 May — 24 July 1964 CONTENTS Chapter Paragraphs Page I. ORGANIZATION OF THE SESSION 1-11 173 A. Membership and attendance 2-3 173 B. Officers 4-9 174 C. Agenda 10-11 174 II. LAW OF TREATIES 12-24 174 A. Introduction 12-24 174 B. Draft articles on the law of treaties — 176 III. SPECIAL MISSIONS 25-35 208 A. Introduction 25-35 208 B. Draft articles 1 to 16 and commentary — 210 IV. PROGRAMME OF WORK AND ORGANIZATION OF FUTURE SESSIONS 36-40 226 V. OTHER DECISIONS AND CONCLUSIONS OF THE COMMISSION 41-52 226 A. Relations between States and inter-governmental organizations 41-42 226 B. Co-operation with other bodies 43-49 227 C. Date and place of the next session 50 227 D. Representation at the nineteenth session of the General Assembly 51 227 E. Tribute to the Secretary of the Commission 52 227 * Also issued as Official Records of the General Assembly, Nineteenth Session, Supplement No. 9. CHAPTER I A. MEMBERSHIP AND ATTENDANCE Organization of the Session 2- The Commission consists of the following members : 1. The International Law Commission, established ,» ^ , . n> i i MT ODerto A wa in pursuance of General Assembly resolution 174 (II) of ' * S° < W # 21 November 1947, and in accordance with its Statute Mr- Guberto Amado (Brazil) annexed thereto, as subsequently amended, held its Mr. Milan BartoS (Yugoslavia) sixteenth session at the European Office of the United Mr. Herbert W. Briggs (United States of America) Nations, Geneva. The session had been scheduled to last ]^[r Marcel Cadieux (Canada) from 11 May to 17 July and was extended to 24 July X/r — ., nneitrAr% rv^'^n^A\ by a decision adopted by the Commission at its 728th ^ *r* £***? (Fmla^}. meeting of 21 May 1964. The work of the Commission Mr- Abdullah El-Enan (United Arab Republic) during this session is described in this report. Chapter II Mr. Taslim O. Elias (Nigeria) of the report contains nineteen articles on the appli- Mr. Eduardo Jimenez de Arechaga (Uruguay) cation, effects, modification and interpretation of treat- j^r Victor Kanga (Cameroon) ies. Chapter III contains sixteen articles on the topic m Manfred Lachs (pol d) of special missions. Chapter IV relates to the pro- . ' gramme of work and organization of future sessions of Mr# Llu Cnieh (Cnina) the Commission. Chapter V deals with a number of Mr. Antonio de Luna (Spain) administrative and other questions. Mr. Radhabinod Pal (India) 173 174 Yearbook of the International Law Commission, Vol. II Mr. Angel M. Paredes (Ecuador) had thrust into the foreground the pressing need for the Mr. Obed Pessou (Dahomey) codification and evolution of the law of the community Mr. Paul Reuter (France) of States. The Commission was devoting itself to the Mr. Shabtai Rosenne (Israel) revision, clarification and codification of the main Mr. Jose Maria Ruda (Argentina) topics of international law, where principles demanded to be restated on the basis of the widest possible Mr. Abdul Hakim Tabibi (Afghanistan) agreement of States and on a sound, scientific founda- Mr. Senjin Tsuruoka (Japan) tion, in matters like the law of treaties and State Mr. Grigory I. Tunkin (Union of Soviet Socialist responsibility. The Chairman expressed his conviction Republics) that should the Commission complete its ambitious Mr. Alfred Verdross (Austria) programme, and if the States consummated this work in Sir Humphrey Waldock (United Kingdom of Great diplomatic conferences, progress without precedent since Britain and Northern Ireland) the time of Grotius would have been achieved. Mr. Mustafa Kamil Yasseen (Iraq) 8. The Secretary-General, in reply to the Chairman 3. On 12 May 1964, the Commission elected of the International Law Commission, stated that from Mr. Paul Reuter (France) and Mr. Jose Maria Ruda all available accounts the Commission's work was quite (Argentina) to fill the vacancies which had arisen in impressive. He stressed that one of the basic principles consequence of the election of Mr. Andre Gros (France) of the Charter was that all Member States should prac- and Mr. Luis Padilla Nervo (Mexico) as judges of the tise tolerance, live as good neighbours and unite to- International Court of Justice. wards the achievement of common objectives. He felt confident that the founding fathers of the Charter had in mind the harmonizing of all United Nations activi- B. OFFICERS ties — political, economic, social and legal. 4. At its 722nd meeting, held on 11 May 1964, 9. Mr. Constantin A. Stavropoulos, Legal Counsel, the Commission elected the following officers : attended the 760th meeting, held on 7 July 1964. Mr. Yuen-li Liang, Director of the Codification Division Chairman: Mr. Roberto Ago of the Office of Legal Affairs, represented the Secre- First Vice-Chairman: Mr. Herbert W. Briggs tary-General and acted as Secretary to the Commission. Second Vice-Chairman: Mr. Grigory I. Tunkin Rapporteur : Mr. Mustafa Kamil Yasseen C. AGENDA 5. At its 727th meeting, held on 20 May 1964, the Commission appointed a Drafting Committee composed 10. The Commission adopted an agenda for the as follows: sixteenth session consisting of the following items : Chairman: Mr. Herbert W. Briggs 1. Filling of casual vacancies in the Commission Members: Mr. Taslim O. Elias; Mr. Eduardo (article 11 of the Statute). Jimenez de Arechaga ; Mr. Antonio de Luna ; Mr. Paul 2. Prolongation of the session. Reuter ; Mr. Shabtai Rosenne ; Mr. Grigory I. Tunkin ; 3. Law of treaties. Sir Humphrey Waldock; Mr. Mustafa Kamil Yasseen. 4. Special missions. Mr. Milan BartoS took part in the Committee's work 5. Relations between States and inter-governmental as a Special Rapporteur on special missions when the organizations. articles relating to that topic were considered. In addi- 6. Organization of future sessions. tion, the Commission, at its 762nd meeting held on 7. Date and place of the seventeenth session. 9 July, appointed Mr. Obed Pessou as a member of the 8. Co-operation with other bodies. Committee. At its 727th meeting, the Commission also decided to request the Drafting Committee to assume 9. Other business. responsibility for the preparation of the Spanish texts 11. In the course of the session, the Commission of the draft articles, in addition to the English and held fifty-three public meetings and four private meet- French texts. ings. In addition, the Drafting Committee held ten meetings. The Commission considered all the items 6. The Secretary-General of the United Nations on its agenda. attended the 767th meeting, held on 16 July 1964. The Chairman of the Commission and the Secretary-General CHAPTER II made statements on that occasion. 7. The Chairman stressed that at the time the Law of Treaties United Nations was founded no one could have realized A. INTRODUCTION the extent and the urgency which the task of the International Law Commission, established under Ar- Summary of the Commission's proceedings ticle 13 of the Charter, would have in the future. 12. At its fourteenth and fifteenth sessions the Com- However, a great revolution was now taking place in mission provisionally adopted parts I (articles 1-29)* the world society under the auspices and with the encouragement of the United Nations, which had given 1 Yearbook of the International Law Commission, 1962, independence to a great number of States. That event vol. II, pp. 161-186. Report of the Commission to the General Assembly 175 and II (articles 30-54)2 of its draft articles on the law commence its re-examination of all the draft articles in of treaties, consisting respectively of twenty-nine ar- the light of the observations to be received from Gov- ticles on the conclusion, entry into force and registra- ernments. In the course of the present session the tion of treaties and twenty-five articles on the invalidity Commission has noted that apart from any matters of and termination of treaties. In adopting parts I and II substance that may be raised in the future, certain of the Commission decided, in accordance with articles 16 the articles already provisionally adopted require fur- and 21 of its Statute, to submit them, through the ther consideration in order to ensure their proper co- Secretary-General, to Governments for their observa- ordination with other articles. It has also noted that, tions. At its fifteenth session the Commission decided while the juxtaposition of some topics had been con- to continue its study of the law of treaties at its next venient for purposes of study, it may not necessarily be session, to give the topic priority, and to take up at that appropriate in the final arrangement of the draft ar- session the questions of the application, interpretation ticles, and that in consequence some readjustment of and effects of treaties. the material in the different parts and sections of the draft may be found to be desirable. At the same time, 13. At the present session of the Commission, the it recognized that special attention will have to be Special Rapporteur accordingly submitted a report given to ensuring as full consistency as is possible in (A/CN.4/167 and Add. 1-3) on the application, effects, the use of terminology in the final drafts.