Document:- A/56/10. Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:-

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1 Extract from the Yearbook of the International Law Commission:- 2001,vol. II(2) Document:- A/56/10 Report of the International Law Commission on the work of its fifty-third session, 23 April - 1 June and 2 July - 10 August 2001, Official Records of the General Assembly, Fifty-sixth session, Supplement No.10 Topic: <multiple topics> Downloaded from the web site of the International Law Commission ( Copyright United Nations

2 DOCUMENT A/56/10* Report of the International Law Commission on the work of its fifty-third session (23 April 1 June and 2 July 10 August 2001) CONTENTS Abbreviations... 6 Note concerning quotations... 6 Multilateral instruments cited in the present volume... 7 Page Chapter Paragraphs VIII. Organization of the session A. Membership B. Officers and the Enlarged Bureau C. Drafting Committee D. Working groups E. Secretariat F. Agenda VIII. Summary of the work of the Commission at its fifty-third session VIII. Specific issues on which comments would be of particular interest to the Commission A. Reservations to treaties B. Diplomatic protection C. Unilateral acts of States IIIV. State responsibility A. Introduction B. Consideration of the topic at the present session Brief summary of the debate on the main outstanding issues (a) Serious breaches of obligations to the international community as a whole (Part Two, chapter III proposed by the Drafting Committee at the fifty-second session (b) Countermeasures (Part Two bis, chapter II proposed by the Drafting Committee at the fifty-second session) (c) Dispute settlement provisions (Part Three) (d) Form of the draft articles Change of the title of the topic Adoption of the draft articles and commentaries C. Recommendation of the Commission D. Tribute to the Special Rapporteur, Mr. James Crawford E. Draft articles on responsibility of States for internationally wrongful acts 1. Text of the draft articles Text of the draft articles with commentaries thereto Responsibility of States for internationally wrongful acts General commentary Part One. The internationally wrongful act of a State Chapter I. General principles Article 1. Responsibility of a State for its internationally wrongful acts Commentary Article 2. Elements of an internationally wrongful act of a State Commentary Article 3. Characterization of an act of a State as internationally wrongful Commentary * Initially distributed as Official Records of the General Assembly, Fifty-sixth Session, Supplement No

3 2 Report of the International Law Commission on the work of its fifty-third session Chapter II. Attribution of conduct to a State Commentary Article 4. Conduct of organs of a State Commentary Article 5. Conduct of persons or entities exercising elements of governmental authority Commentary Article 6. Conduct of organs placed at the disposal of a State by another State Commentary Article 7. Excess of authority or contravention of instructions Commentary Article 8. Conduct directed or controlled by a State Commentary Article 9. Conduct carried out in the absence or default of the official authorities Commentary Article 10. Conduct of an insurrectional or other movement Commentary Article 11. Conduct acknowledged and adopted by a State as its own Commentary Chapter III. Breach of an international obligation Commentary Article 12. Existence of a breach of an international obligation Commentary Article 13. International obligation in force for a State Commentary Article 14. Extension in time of the breach of an international obligation Commentary Article 15. Breach consisting of a composite act Commentary Chapter IV. Responsibility of a State in connection with the act of another State Commentary Article 16. Aid or assistance in the commission of an internationally wrongful act Commentary Article 17. Direction and control exercised over the commission of an internationally wrongful act Commentary Article 18. Coercion of another State Commentary Article 19. Effect of this chapter Commentary Chapter V. Circumstances precluding wrongfulness Commentary Article 20. Consent Commentary Article 21. Self-defence Commentary Article 22. Countermeasures in respect of an internationally wrongful act Commentary Article 23. Force majeure Commentary Article 24. Distress Commentary Article 25. Necessity Commentary Article 26. Compliance with peremptory norms Commentary Article 27. Consequences of invoking a circumstance precluding wrongfulness Commentary Part Two. Content of the international responsibility of a State Chapter I. General principles Commentary Article 28. Legal consequences of an internationally wrongful act Commentary Article 29. Continued duty of performance Commentary Article 30. Cessation and non-repetition Commentary Page

4 Contents 3 Article 31. Reparation Commentary Article 32. Irrelevance of internal law Commentary Article 33. Scope of international obligations set out in this Part Commentary Chapter II. Reparation for injury Commentary Article 34. Forms of reparation Commentary Article 35. Restitution Commentary Article 36. Compensation Commentary Article 37. Satisfaction Commentary Article 38. Interest Commentary Article 39. Contribution to the injury Commentary Chapter III. Serious breaches of obligations under peremptory norms of general international law Commentary Article 40. Application of this chapter Commentary Article 41. Particular consequences of a serious breach of an obligation under this chapter Commentary Part Three. The implementation of the international responsibility of a State Chapter I. Invocation of the responsibility of a State Commentary Article 42. Invocation of responsibility by an injured State Commentary Article 43. Notice of claim by an injured State Commentary Article 44. Admissibility of claims Commentary Article 45. Loss of the right to invoke responsibility Commentary Article 46. Plurality of injured States Commentary Article 47. Plurality of responsible States Commentary Article 48. Invocation of responsibility by a State other than an injured State Commentary Chapter II. Countermeasures Commentary Article 49. Object and limits of countermeasures Commentary Article 50. Obligations not affected by countermeasures Commentary Article 51. Proportionality Commentary Article 52. Conditions relating to resort to countermeasures Commentary Article 53. Termination of countermeasures Commentary Article 54. Measures taken by States other than an injured State Commentary Part Four. General provisions Article 55. Lex specialis Commentary Article 56. Questions of State responsibility not regulated by these articles Commentary Article 57. Responsibility of an international organization Commentary Article 58. Individual responsibility Commentary Article 59. Charter of the United Nations Commentary Page

5 Report of the International Law Commission on the work of its fifty-third session Chapter Paragraphs Page IIIV. International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary harm from hazardous activities) A. Introduction B. Consideration of the topic at the present session C. Recommendation of the Commission D. Tribute to the Special Rapporteur, Mr. Pemmaraju Sreenivasa Rao E. Draft articles on prevention of transboundary harm from hazardous activities 1. Text of the draft articles Text of the draft articles with commentaries thereto Prevention of transboundary harm from hazardous activities General commentary Preamble Commentary Article 1. Scope Commentary Article 2. Use of terms Commentary Article 3. Prevention Commentary Article 4. Cooperation Commentary Article 5. Implementation Commentary Article 6. Authorization Commentary Article 7. Assessment of risk Commentary Article 8. Notification and information Commentary Article 9. Consultations on preventive measures Commentary Article 10. Factors involved in an equitable balance of interests Commentary Article 11. Procedures in the absence of notification Commentary Article 12. Exchange of information Commentary Article 13. Information to the public Commentary Article 14. National security and industrial secrets Commentary Article 15. Non-discrimination Commentary Article 16. Emergency preparedness Commentary Article 17. Notification of an emergency Commentary Article 18. Relationship to other rules of international law Commentary Article 19. Settlement of disputes Commentary IIVI. Reservations to treaties A. Introduction B. Consideration of the topic at the present session 1. Second part of the fifth report Sixth report (a) Introduction by the Special Rapporteur of his sixth report (b) Summary of the debate C. Draft guidelines on reservations to treaties provisionally adopted so far by the Commission 1. Text of the draft guidelines Text of the draft guidelines with commentaries thereto adopted at the fifty-third session of the Commission Confirmation of reservations when signing Formal confirmation of reservations formulated when signing a treaty Commentary [2.2.3] Instances of non-requirement of confirmation of reservations formulated when signing a treaty Commentary [2.2.4] Reservations formulated upon signature when a treaty expressly so provides Commentary

6 Contents 5 Chapter Paragraphs Page 2.3 Late formulation of a reservation Late formulation of a reservation Commentary Acceptance of late formulation of a reservation Commentary Objection to late formulation of a reservation Commentary Subsequent exclusion or modification of the legal effect of a treaty by means other than reservations Commentary Time at which an interpretative declaration may be formulated Commentary [2.4.5] Non-requirement of confirmation of interpretative declarations made when signing a treaty Commentary [2.4.4] Formal confirmation of conditional interpretative declarations formulated when signing a treaty Commentary [2.4.7] Late formulation of an interpretative declaration Commentary [2.4.8] Late formulation of a conditional interpretative declaration Commentary IVII. Diplomatic protection A. Introduction B. Consideration of the topic at the present session Article 9 (a) Introduction by the Special Rapporteur (b) Summary of the debate (c) Special Rapporteur s concluding remarks Article 10 (a) Introduction by the Special Rapporteur (b) Summary of the debate (c) Special Rapporteur s concluding remarks Article 11 (a) Introduction by the Special Rapporteur (b) Summary of the debate (c) Special Rapporteur s concluding remarks VIII. Unilateral acts of States A. Introduction B. Consideration of the topic at the present session Introduction by the Special Rapporteur of his fourth report Summary of the debate Special Rapporteur s concluding remarks The Working Group IIIX. Other decisions and conclusions of the Commission A. Programme, procedures and working methods of the Commission, and its documentation B. Date and place of the fifty-fourth session C. Cooperation with other bodies D. Representation at the fifty-sixth session of the General Assembly E. International Law Seminar

7 6 Report of the International Law Commission on the work of its fifty-third session ABBREVIATIONS ASEAN ECE FAO GATT IAEA ICJ ICRC ICSID ILO ITLOS NAFO OAS OECD PCIJ UNCC UNEP UNHCR WCO WHO WMO WTO Association of South-East Asian Nations Economic Commission for Europe Food and Agriculture Organization of the United Nations General Agreement on Tariffs and Trade International Atomic Energy Agency International Court of Justice International Committee of the Red Cross International Centre for Settlement of Investment Disputes International Labour Organization International Tribunal for the Law of the Sea Northwest Atlantic Fisheries Organization Organization of American States Organisation for Economic Co-operation and Development Permanent Court of International Justice United Nations Compensation Commission United Nations Environment Programme Office of the United Nations High Commissioner for Refugees World Customs Organization World Health Organization World Meteorological Organization World Trade Organization * * * AJIL American Journal of International Law BYBIL British Year Book of International Law Collected Courses... Collected Courses of the Hague Academy of International Law Eur. Court H.R. 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 Iran-U.S. C.T.R. Iran-United States Claims Tribunal Reports Lapradelle-Politis A. de Lapradelle and N. Politis, Recueil des arbitrages internationaux (Paris, Pedone, 1923) Moore, Digest J. B. Moore, Digest of International Law (Washington, D.C.) Moore, History J. B. Moore, History and Digest of the International Arbitrations to which the United States and Digest has been a Party (Washington, D.C.) NYIL Netherlands Yearbook of International Law P.C.I.J., Series A PCIJ, Collection of Judgments (Nos. 1 24: up to and including 1930) P.C.I.J., Series A/B PCIJ, Judgments, Orders and Advisory Opinions (Nos : beginning in 1931) Recueil des cours Recueil des cours de l Académie de droit international de la Haye RGDIP Revue générale de droit international public UNRIAA United Nations, Reports of International Arbitral Awards * * * In the present volume, the International Tribunal for the Former Yugoslavia refers to the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; and the International Tribunal for Rwanda refers to the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December * * * 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. * * *

8 Multilateral instruments MULTILATERAL INSTRUMENTS CITED IN THE PRESENT VOLUME Pacific settlement of international disputes Source Covenant of the League of Nations Revised General Act for the Pacific Settlement of International Disputes (Lake Success, New York, 28 April 1949) European Convention for the Peaceful Settlement of Disputes (Strasbourg, 29 April 1957) The Covenant of the League of Nations with a Commentary Thereon, Miscellaneous No. 3, 1919 (London, HM Stationery Office, 1921), p. 1. United Nations, Treaty Series, vol. 71, No. 912, p Ibid., vol. 320, No. 4646, p Diplomatic and consular relations Vienna Convention on Diplomatic Relations (Vienna, 18 April 1961) United Nations, Treaty Series, vol. 500, No. 7310, p. 95. Vienna Convention on Consular Relations (Vienna, 24 April 1963) Ibid., vol. 596, No. 8638, p Human rights Convention on the Prevention and Punishment of the Crime of Genocide (New York, 9 December 1948) Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) (Rome, 4 November 1950) Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (Paris, 20 March 1952) Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby (Strasbourg, 11 May 1994) International Convention on the Elimination of All Forms of Racial Discrimination (New York, 21 December 1965) International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966) International Covenant on Civil and Political Rights (New York, 16 December 1966) American Convention on Human Rights: Pact of San José, Costa Rica (San José, 22 November 1969) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (New York, 10 December 1984) United Nations, Treaty Series, vol. 78, No. 1021, p Ibid., vol. 213, No. 2889, p Ibid. Council of Europe, European Treaty Series, No United Nations, Treaty Series, vol. 660, No. 9464, p Ibid., vol. 993, No , p. 3. Ibid., vol. 999, No , p Ibid., vol. 1144, No , p Ibid., vol. 1465, No , p. 85. Nationality and stateless persons Convention relating to the Status of Refugees (Geneva, 28 July 1951) Convention relating to the Status of Stateless Persons (New York, 28 September 1954) United Nations, Treaty Series, vol. 189, No. 2545, p Ibid., vol. 360, No. 5158, p. 117.

9 Report of the International Law Commission on the work of its fifty-third session Source Convention on the Reduction of Statelessness (New York, 30 August 1961) Convention on Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality (Strasbourg, 6 May 1963) European Convention on Nationality (Strasbourg, 6 November 1997) Ibid., vol. 989, No , p Ibid., vol. 634, No. 9065, p Council of Europe, European Treaty Series, No Private international law Convention on Bills of Exchange and Promissory Notes (The Hague, 23 July 1912) Convention providing a Uniform Law for Bills of Exchange and Promissory Notes (Geneva, 7 June 1930) Convention providing a Uniform Law for Cheques (Geneva, 19 March 1931) Convention for the Settlement of Certain Conflicts of Laws in connection with Cheques (Geneva, 19 March 1931) European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 20 April 1959) Convention concerning the powers of authorities and the law applicable in respect of the protection of infants (The Hague, 5 October 1961) Convention concerning the International Administration of the Estates of Deceased Persons (The Hague, 2 October 1973) Convention on the Law Applicable to Matrimonial Property Regimes (The Hague, 14 March 1978) Convention on the Law Applicable to Succession to the Estates of Deceased Persons (The Hague, 1 August 1989) League of Nations, International Conference for the Unification of the Law on Bills of Exchange, Promissory Notes and Cheques, Preparatory Documents (C.234. M II), p. 42. League of Nations, Treaty Series, vol. CXLIII, No. 3313, p Ibid., No. 3316, p Ibid., No. 3317, p United Nations, Treaty Series, vol. 472, No. 6841, p Ibid., vol. 658, No. 9431, p Hague Conference on Private International Law, Collection of Conventions ( ), p Ibid., p Ibid., p Narcotic drugs and psychotropic substances Convention on Psychotropic Substances (Vienna, 21 February 1971) United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 20 December 1988) United Nations, Treaty Series, vol. 1019, No , p Ibid., vol. 1582, No , p. 95. International trade and development General Agreement on Tariffs and Trade (Geneva, 30 October 1947) Protocol of Provisional Application of the General Agreement on Tariffs and Trade (Geneva, 30 October 1947) Customs Convention on the Temporary Importation of Packings (Brussels, 6 October 1960) United Nations, Treaty Series, vol. 55, No. 814, p Ibid., p Ibid., vol. 473, No. 6861, p. 131.

10 Multilateral instruments 9 Source Convention on the Settlement of Investment Disputes between States and Nationals of other States (Washington, D.C., 18 March 1965) Convention on Transit Trade of Land-locked States (New York, 8 July 1965) Agreement establishing a Food and Fertiliser Technology Centre for the Asian and Pacific Region (Kawana, 11 June 1969) Food Aid Convention, 1971 (opened for signature at Washington, D.C., from 29 March until 3 May 1971) Customs Convention on Containers, 1972 (Geneva, 2 December 1972) Convention on the Limitation Period in the International Sale of Goods (New York, 14 June 1974), as amended by the Protocol amending the Convention on the Limitation Period in the International Sale of Goods (Vienna, 11 April 1980) United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) Ibid., vol. 575, No. 8359, p Ibid., vol. 597, No. 8641, p. 3. Ibid., vol. 704, No , p. 17. Ibid., vol. 800, No , p Ibid., vol. 988, No , p. 43. Ibid., vol. 1511, No , p. 99. Ibid., vol. 1489, No , p. 3. Navigation Convention on a Code of Conduct for Liner Conferences (Geneva, 6 April 1974) International Convention on Arrest of Ships, 1999 (Geneva, 12 March 1999) United Nations, Treaty Series, vol. 1334, No , p. 15 and vol. 1365, p A/CONF.188/6. Penal matters European Convention on Extradition (Paris, 13 December 1957) European Convention on Information on Foreign Law (London, 7 June 1968) Additional Protocol to the European Convention on Information on Foreign Law (Strasbourg, 15 March 1978) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (New York, 14 December 1973) European Convention on the Suppression of Terrorism (Strasbourg, 27 January 1977) International Convention Against the Taking of Hostages (New York, 17 December 1979) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, 10 March 1988) Convention on the Safety of United Nations and Associated Personnel (New York, 9 December 1994) International Convention for the Suppression of Terrorist Bombings (New York, 15 December 1997) Rome Statute of the International Criminal Court (Rome, 17 July 1998) International Convention for the Suppression of the Financing of Terrorism (New York, 9 December 1999) United Nations, Treaty Series, vol. 359, No. 5146, p Ibid., vol. 720, No , p Ibid., vol. 1160, No. A-10346, p Ibid., vol. 1035, No , p Ibid., vol. 1137, No , p. 93. Ibid., vol. 1316, No , p Ibid., vol. 1678, No , p Ibid., vol. 2051, No , p Ibid., vol. 2149, No , p A/CONF.183/9. Official Records of the General Assembly, Fiftyfourth Session, Supplement No. 49, vol. I, resolution 54/109, annex.

11 10 Report of the International Law Commission on the work of its fifty-third session Law of the sea Geneva Conventions on the Law of the Sea (Geneva, April 1958) Source Convention on the Territorial Sea and the Contiguous Zone (Geneva, 29 April 1958) United Nations Convention on the Law of the Sea (Montego Bay, 10 December 1982) Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (New York, 4 August 1995) United Nations, Treaty Series, vol. 516, No. 7477, p Ibid., vol. 1833, No , p. 3. International Fisheries Instruments with Index (United Nations publication, Sales No. E.98. V.11), sect. I; see also A/CONF.164/37. Law applicable in armed conflict Conventions respecting the Laws and Customs of War on Land: Convention II (The Hague, 29 July 1899) and Convention IV (The Hague, 18 October 1907) Regulations respecting the Laws and Customs of War on Land (annexed to the Hague Conventions II of 1899 and IV of 1907) Convention relative to the Laying of Automatic Submarine Contact Mines (Convention VIII) (The Hague, 18 October 1907) Treaty of Peace between the Allied and Associated Powers and Germany (Treaty of Versailles) (Versailles, 28 June 1919) Treaty of Peace between the Allied and Associated Powers and Austria (Peace Treaty of Saint-Germain-en-Laye) (Saint-Germain-en-Laye, 10 September 1919) Convention relative to the Treatment of Prisoners of War (Geneva, 27 July 1929) Geneva Conventions for the protection of war victims (Geneva, 2 August 1949) Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention) Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I) and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (Protocol II) (Geneva, 8 June 1977) J. B. Scott, ed., The Hague Conventions and Declarations of 1899 and 1907, 3rd ed. (New York, Oxford University Press, 1918), p Ibid. Ibid., p British and Foreign State Papers, 1919, vol. CXII (London, HM Stationery Office, 1922), p. 1. Ibid., p League of Nations, Treaty Series, vol. CXVIII, No. 2734, p United Nations, Treaty Series, vol. 75, Nos , pp. 31 et seq. Ibid., No. 972, p Ibid., vol. 1125, Nos , pp. 3 and 609. Law of treaties Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) Vienna Convention on Succession of States in Respect of Treaties (Vienna, 23 August 1978) United Nations, Treaty Series, vol. 1155, No , p Ibid., vol. 1946, No , p. 3.

12 Multilateral instruments 11 Source Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (Vienna, 21 March 1986) A/CONF.129/15. Liability Convention on Third Party Liability in the Field of Nuclear Energy (Paris, 29 July 1960) Convention on International Liability for Damage Caused by Space Objects (London, Moscow, Washington, D.C., 29 March 1972) Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment (Lugano, 21 June 1993) United Nations, Treaty Series, vol. 956, No , p Ibid., vol. 961, No , p Council of Europe, European Treaty Series, No Telecommunications European Agreement on the Protection of Television Broadcasts (Strasbourg, 22 June 1960) Agreement relating to the International Telecommunications Satellite Organization INTELSAT (Washington, D.C., 20 August 1971) United Nations, Treaty Series, vol. 546, No. 7951, p Ibid., vol. 1220, No , p. 21. Environment and natural resources International Convention for the Prevention of Pollution of the Sea by Oil (London, 12 May 1954) International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (Brussels, 29 November 1969) Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (Oslo, 15 February 1972) Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London, Mexico City, Moscow, Washington, D.C., 29 December 1972) International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention) (London, 2 November 1973), as amended by the Protocol of 1978 (London, 17 February 1978) Convention on the Protection of the Environment and Protocol (Stockholm, 19 February 1974) Convention for the Prevention of Marine Pollution from Land based Sources (Paris, 4 June 1974) United Nations, Treaty Series, vol. 327, No. 4714, p. 3. Ibid., vol. 970, No , p Ibid., vol. 932, No , p. 3. Ibid., vol. 1046, No , p Ibid., vol. 1340, No , p. 61. Ibid., vol. 1092, No , p Ibid., vol. 1546, No , p Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona, 16 February 1976) Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources (Athens, 17 May 1980) Convention on the Protection of the Rhine against Pollution from Chlorides (Bonn, 3 December 1976) Additional Protocol to the Convention on the Protection of the Rhine against Pollution from Chlorides (Brussels, 25 September 1991) Agreement for the Protection of the Rhine against Chemical Pollution (Bonn, 3 December 1976) Ibid., vol. 1102, No , p. 27. Ibid., vol. 1328, No , p Ibid., vol. 1404, No , p. 59. Ibid., vol. 1840, No. A-23469, p Ibid., vol. 1124, No , p. 375.

13 12 Report of the International Law Commission on the work of its fifty-third session Source Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (New York, 10 December 1976) Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment from Pollution (Kuwait, 24 April 1978) Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (NAFO Convention) (Ottawa, 24 October 1978) Convention on Long-Range Transboundary Air Pollution (Geneva, 13 November 1979) Regional Convention for the Conservation of the Environment of the Red Sea and Gulf of Aden (Jeddah, 14 February 1982) Vienna Convention for the Protection of the Ozone Layer (Vienna, 22 March 1985) ASEAN Agreement on the Conservation of Nature and Natural Resources (Kuala Lumpur, 9 July 1985) Convention on Early Notification of a Nuclear Accident (Vienna, 26 September 1986) Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (Noumea, 25 November 1986) Convention on the Regulation of Antarctic Mineral Resource Activities (Wellington, 2 June 1988) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel, 22 March 1989) International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (London, 30 November 1990) Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (Bamako, 30 January 1991) Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 25 February 1991) Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki, 17 March 1992) Convention on the Transboundary Effects of Industrial Accidents (Helsinki, 17 March 1992) Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki, 9 April 1992) Ibid., vol. 1108, No , p Ibid., vol. 1140, No , p Ibid., vol. 1135, No , p Ibid., vol. 1302, No , p UNEP, Selected Multilateral Treaties in the Field of the Environment (Cambridge, Grotius, 1991), vol. 2, p United Nations, Treaty Series, vol. 1513, No , p UNEP, Selected Multilateral Treaties in the Field of the Environment (Cambridge, Grotius, 1991), vol. 2, p United Nations, Treaty Series, vol. 1439, No , p ILM (Washington, D.C.), vol. 26, No. 1 (January 1987), p. 38. Ibid., vol. 27, No. 4 (July 1988), p United Nations, Treaty Series, vol. 1673, No , p. 57. Ibid., vol. 1891, No , p. 51. Ibid., vol. 2101, No , p Ibid., vol. 1989, No , p Ibid., vol. 1936, No , p Ibid., vol. 2105, No , p United Nations, Law of the Sea Bulletin, No. 22 (January 1993), p. 54.

14 Multilateral instruments 13 Source United Nations Framework Convention on Climate Change (New York, 9 May 1992) Convention on Biological Diversity (Rio de Janeiro, 5 June 1992) Convention on the Law of the Non -navigational Uses of International Watercourses (New York, 21 May 1997) Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998) United Nations, Treaty Series, vol. 1771, No , p Ibid., vol. 1760, No , p. 79. Official Records of the General Assembly, Fifty-first session, Supplement No. 49, vol. III, resolution 51/229, annex. ECE/CEP/43. Fiscal matters Convention on Mutual Administrative Assistance in Tax Matters (Strasbourg, 25 January 1988) Council of Europe, European Treaty Series, No General international law Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929) Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air (The Hague, 28 September 1955) Treaty establishing the European Community (Rome, 25 March 1957) as amended by the Treaty on European Union Antarctic Treaty (Washington, D.C., 1 December 1959) Protocol on Environmental Protection to the Antarctic Treaty (Madrid, 4 October 1991) Indus Waters Treaty, 1960 (Karachi, 19 September 1960) League of Nations, Treaty Series, vol. CXXXVII, p. 13. United Nations, Treaty Series, vol. 478, No. 6943, p European Union, Selected Instruments taken from the Treaties, book I, vol. I (Luxembourg, Office for Official Publications of the European Communities, 1995), p United Nations, Treaty Series, vol. 402, No. 5778, p. 71. ILM (Washington, D.C.), vol. 30, No. 6 (November 1991), p United Nations, Treaty Series, vol. 419, No. 6032, p Declaration on the Neutrality of Laos (Geneva, 23 July 1962) Ibid., vol. 456, No. 6564, p European Convention on the Protection of the Archaeological Heritage (London, 6 May 1969) Convention for the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972) Treaty on European Union (Maastricht Treaty) (Maastricht, 7 February 1992) Marrakesh Agreement establishing the World Trade Organization (Marrakesh, 15 April 1994) Ibid., vol. 788, No , p Ibid., vol. 1037, No , p Ibid., vol. 1757, No , p. 3. Ibid., vols , No

15 14 Report of the International Law Commission on the work of its fifty-third session Source Energy Charter Treaty (Lisbon, 17 December 1994) Ibid., vol. 2080, No , p Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts (Amsterdam, 2 October 1997) Consolidated version of the Treaty on European Union (Amsterdam, 2 October 1997) Consolidated version of the Treaty establishing the European Community (Amsteram, 2 October 1997) Official Journal of the European Communities, No. C 340, vol. 40 (10 November 1997), p. 1. Ibid., p Ibid., p. 173.

16 Chapter I Organization of the session 1. The International Law Commission held the first part of its fifty-third session from 23 April to 1 June 2001 and the second part from 2 July to 10 August 2001 at its seat at the United Nations Office at Geneva. A. Membership 2. The Commission consists of the following members: Mr. Emmanuel Akwei Addo (Ghana) Mr. Husain Al-Baharna (Bahrain) Mr. João Clemente Baena Soares (Brazil) Mr. Ian Brownlie (United Kingdom of Great Britain and Northern Ireland) Mr. Enrique Candioti (Argentina) Mr. James Crawford (Australia) Mr. Christopher John Robert Dugard (South Africa) Mr. Constantin Economides (Greece) Mr. Nabil Elaraby (Egypt) Mr. Giorgio Gaja (Italy) Mr. Zdzislaw Galicki (Poland) Mr. Raul Ilustre Goco (Philippines) Mr. Gerhard Hafner (Austria) Mr. Qizhi He (China) Mr. Mauricio Herdocia Sacasa (Nicaragua) Mr. Kamil Idris (Sudan) Mr. Jorge Illueca (Panama) Mr. Peter Kabatsi (Uganda) Mr. Maurice Kamto (Cameroon) Mr. James Lutabanzibwa Kateka (United Republic of Tanzania) Mr. Mochtar Kusuma-Atmadja (Indonesia) Mr. Igor Ivanovich Lukashuk (Russian Federation) Mr. Teodor Viorel Melescanu (Romania) Mr. Djamchid Momtaz (Islamic Republic of Iran) Mr. Didier Opertti Badan (Uruguay) Mr. Guillaume Pambou-Tchivounda (Gabon) Mr. Alain Pellet (France) Mr. Pemmaraju Sreenivasa Rao (India) Mr. Víctor Rodríguez Cedeño (Venezuela) Mr. Robert Rosenstock (United States of America) Mr. Bernardo Sepúlveda (Mexico) Mr. Bruno Simma (Germany) Mr. Peter Tomka (Slovakia) Mr. Chusei Yamada (Japan) B. Officers and the Enlarged Bureau 3. At its 2665th meeting, on 23 April 2001, the Commission elected the following officers: Chairman: Mr. Peter Kabatsi First Vice-Chairman: Mr. Gerhard Hafner Second Vice-Chairman: Mr. Enrique Candioti Chairman of the Drafting Committee: Mr. Peter Tomka Rapporteur: Mr. Qizhi He 4. The Enlarged Bureau of the Commission was composed of the officers of the present session, the previous Chairmen of the Commission 1 and the Special Rapporteurs On the recommendation of the Enlarged Bureau the Commission set up a Planning Group composed of the following members: Mr. Gerhard Hafner (Chairman), Mr. Emmanuel Akwei Addo, Mr. João Clemente Baena Soares, Mr. Ian Brownlie, Mr. Zdzislaw Galicki, Mr. Kamil Idris, Mr. Maurice Kamto, Mr. Mochtar Kusuma-Atmadja, Mr. Alain Pellet, Mr. Robert Rosenstock, Mr. Chusei Yamada and Mr. Qizhi He (ex officio). C. Drafting Committee 6. At its 2666th, 2669th and 2679th meetings, on 24 April, 27 April and 23 May 2001 respectively, the Com- 1 Mr. João Clemente Baena Soares, Mr. Zdzislaw Galicki, Mr. Alain Pellet, Mr. Pemmaraju Sreenivasa Rao and Mr. Chusei Yamada. Mr. James Crawford, Mr. Christopher John Robert Dugard, Mr. Alain Pellet, Mr. Pemmaraju Sreenivasa Rao and Mr. Víctor Rodríguez Cedeño. 15

17 16 Report of the International Law Commission on the work of its fifty-third session mission established a Drafting Committee, composed of the following members for the topics indicated: (a) International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities): Mr. Peter Tomka (Chairman), Mr. Pemmaraju Sreenivasa Rao (Special Rapporteur), Mr. João Clemente Baena Soares, Mr. Ian Brownlie, Mr. Giorgio Gaja, Mr. Zdzislaw Galicki, Mr. Gerhard Hafner, Mr. Mauricio Herdocia Sacasa, Mr. James Lutabanzibwa Kateka, Mr. Teodor Viorel Melescanu, Mr. Didier Opertti Badan, Mr. Víctor Rodríguez Cedeño, Mr. Robert Rosenstock, Mr. Chusei Yamada and Mr. Qizhi He (ex officio); (b) State responsibility: Mr. Peter Tomka (Chairman), Mr. James Crawford (Special Rapporteur), Mr. Ian Brownlie, Mr. Enrique Candioti, Mr. Christopher John Robert Dugard, Mr. Constantin Economides, Mr. Giorgio Gaja, Mr. Zdzislaw Galicki, Mr. Igor Ivanovich Lukashuk, Mr. Djamchid Momtaz, Mr. Guillaume Pambou- Tchivounda, Mr. Alain Pellet, Mr. Robert Rosenstock, Mr. Bruno Simma, Mr. Chusei Yamada and Mr. Qizhi He (ex officio); (c) Reservations to treaties: Mr. Peter Tomka (Chairman), Mr. Alain Pellet (Special Rapporteur), Mr. Husain Al-Baharna, Mr. Enrique Candioti, Mr. Constantin Economides, Mr. Giorgio Gaja, Mr. Gerhard Hafner, Mr. Maurice Kamto, Mr. Teodor Viorel Melescanu, Mr. Víctor Rodríguez Cedeño, Mr. Robert Rosenstock, Mr. Bruno Simma and Mr. Qizhi He (ex officio). 7. The Drafting Committee held a total of 34 meetings on the three topics indicated above. D. Working groups 8. At its 2673rd, 2688th and 2695th meetings, on 4 May, 12 July and 25 July 2001 respectively, the Commission also established the following working groups composed of the members indicated: (a) State responsibility: i(i) Commentaries: Mr. Teodor Viorel Melescanu (Chairman), Mr. Ian Brownlie, Mr. Enrique Candioti, Mr. James Crawford, Mr. Christopher John Robert Dugard, Mr. Constantin Economides, Mr. Giorgio Gaja, Mr. Djamchid Momtaz, Mr. Guillaume Pambou-Tchivounda, Mr. Bernardo Sepúlveda, Mr. Peter Tomka and Mr. Qizhi He (ex officio); (ii) Outstanding issues: open-ended informal consultations chaired by the Special Rapporteur; (b) Diplomatic protection: open-ended informal consultations chaired by the Special Rapporteur, Mr. Christopher John Robert Dugard; (c) Unilateral acts of States: open-ended working group chaired by the Special Rapporteur, Mr. Víctor Rodríguez Cedeño. E. Secretariat 9. Mr. Hans Corell, Under-Secretary-General for Legal Affairs, the Legal Counsel, represented the Secretary- General. Mr. Václav Mikulka, Director of the Codification Division of the Office of Legal Affairs, acted as Secretary to the Commission and, in the absence of the Legal Counsel, represented the Secretary-General. Ms. Mahnoush H. Arsanjani, Deputy Director of the Codification Division, acted as Deputy Secretary to the Commission. Mr. George Korontzis and Mr. Renan Villacis, Legal Officers, and Mr. Arnold Pronto and Ms. Ruth Khalastchi, Associate Legal Officers, served as Assistant Secretaries to the Commission. F. Agenda 10. At its 2665th meeting, on 23 April 2001, the Commission adopted an agenda for its fifty-third session consisting of the following items: 1. Organization of work of the session. 2. State responsibility. 3. Diplomatic protection. 4. Unilateral acts of States. 5. Reservations to treaties. 6. International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities). 7. Programme, procedures and working methods of the Commission, and its documentation. 8. Cooperation with other bodies. 9. Date and place of the fifty-fourth session. 10. Other business.

18 Chapter II SUMMARY OF THE WORK OF THE COMMISSION AT ITS FIFTY-THIRD SESSION 11. Concerning the topic State responsibility, the Commission considered the fourth report of the Special Rapporteur (A/CN.4/517 and Add.1). The Commission also completed the second reading of the topic (see chapter IV). The Commission decided, in accordance with article 23 of its statute, to recommend to the General Assembly that it take note of the draft articles on responsibility of States for internationally wrongful acts in a resolution, and that it annex the draft articles to the resolution. The Commission decided further to recommend that the General Assembly consider, at a later stage, and in the light of the importance of the topic, the possibility of convening an international conference of plenipotentiaries to examine the draft articles on responsibility of States for internationally wrongful acts with a view to adopting a convention on the topic. 12. With regard to the topic of International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities), the Commission completed the second reading of the topic (see chapter V). The Commission decided, in accordance with article 23 of its statute, to recommend to the General Assembly the elaboration of a convention by the Assembly on the basis of the draft articles on prevention of transboundary harm from hazardous activities. 13. As to the topic Reservations to treaties, the Commission considered part two of the fifth report 3 of the Special Rapporteur, which had not been considered at the preceding session, and his sixth report (A/CN.4/518 and Add.1 3). The Commission adopted 12 draft guidelines dealing with formulation of reservations and interpretative declarations. The Commission also referred 13 draft guidelines, dealing with form and notification of reservations and interpretative declarations, to the Drafting Committee (see chapter VI). 14. With regard to the topic Diplomatic protection, the Commission considered chapter III of the first re- Yearbook 2000, vol. II (Part One), document A/CN.4/508 and Add.1 4. port of the Special Rapporteur, 4 dealing with questions of continuous nationality and transferability of claims which had not been considered the previous year, and his second report (A/CN.4/514), dealing with the issue of the exhaustion of local remedies. The Commission referred draft articles 9, 10 and 11 dealing with the questions of continuous nationality, transferability of claims and the exhaustion of local remedies to the Drafting Committee. The Commission also established open-ended informal consultations to consider the question of continuous nationality and transferability of claims (see chapter VII). 15. As regards the topic Unilateral acts of States, the Commission examined the fourth report of the Special Rapporteur (A/CN.4/519). The Special Rapporteur proposed draft articles (a) and (b) on the rules relating to interpretation of unilateral acts. The Commission considered the oral report of the Chairman of the Working Group on the topic, Mr. Víctor Rodríguez Cedeño, and supported the proposal to request additional information from States on State practice relating to unilateral acts (see chapter VIII). 16. The Commission continued traditional exchanges of information with ICJ, the Asian-African Legal Consultative Organization, the Inter-American Juridical Committee and the Ad Hoc Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe (see chapter IX, sect. C). 17. A training seminar organized by the United Nations Office at Geneva was held with 24 participants of different nationalities. Some members of the Commission gave lectures at the seminar (see chapter IX, sect. E). 18. The Commission decided that its next session should be held at the United Nations Office at Geneva in two parts, from 29 April to 7 June and from 22 July to 16 August Ibid., document A/CN.4/506 and Add.1. 17

19 Chapter III Specific issues on which comments would be of particular interest to the Commission 19. In response to paragraph 14 of General Assembly resolution 55/152 of 12 December 2000, the Commission would like to indicate the following specific issues for each topic on which expressions of views by Governments, either in the Sixth Committee or in written form, would be of particular interest in providing effective guidance for the Commission in its further work. A. Reservations to treaties 1. Conditional interpretative declarations 20. At its forty-ninth session, the Commission decided to include the study of interpretative declarations in its work on the topic of reservations to treaties. 5 At its fifty-first session, it drew a distinction between simple interpretative declarations and conditional interpretative declarations, the definition of which is contained in guideline [1.2.4]. 6 In moving ahead in its work, the Commission finds that the latter declarations are subject, mutatis mutandis, to the same legal regime as reservations themselves. Should this assimilation be confirmed in regard to the effects of reservations and of conditional interpretative declarations respectively, the Commission is considering the possibility of not including in its draft Guide to Practice guidelines specifically relating to conditional interpretative declarations. 21. The Commission would be particularly interested in receiving comments from States in this connection and would welcome any information on the practice followed by States and international organizations in connection with the formulation and the effects of conditional interpretative declarations. 2. Late formulation of reservations 22. In the case of the draft guidelines adopted at the present session (see chapter VI), the Commission would like to receive, in particular, comments from Governments on guideline 2.3.1, entitled Late formulation of a reservation. 7 Yearbook 1997, vol. II (Part Two), p. 52, paras Yearbook 1999, vol. II (Part Two), p.103. Unless the treaty provides otherwise, a State or an international organization may not formulate a reservation to a treaty after expressing its consent to be bound by the treaty except if none of the other Contracting Parties objects to the late formulation of the reservation. 23. This guideline has been worded so that it is understood that this practice, which is a departure from the actual definition of reservations as contained in article 2, paragraph 1 (d), of the Vienna Convention on the Law of Treaties (hereinafter the 1969 Vienna Convention ) and reproduced in guideline 1.1, 8 should remain exceptional in view of the practice followed by depositaries and, in particular, by the Secretary-General of the United Nations. 9 Nevertheless, some members of the Commission consider that including this practice in the Guide to Practice could unduly encourage the late formulation of reservations. The Commission would like to receive the views of Governments on this issue. 24. Moreover, still in connection with the same draft guideline, the Commission would like to have the views of States on the advisability of using the term objection, not within the meaning of article 20 of the 1969 Vienna Convention of a declaration whereby a State objects to the content of a reservation, but to signify opposition to its late formulation Role of the depositary 25. The Special Rapporteur on reservations to treaties devoted a section of his sixth report, entitled Functions of depositaries, to the role of the depositary in the communication of reservations. He proposed reproducing the provisions of articles 77 and 78 of the 1969 Vienna Convention in the Guide to Practice, by adapting them to the particular case of reservations. The problem nonetheless arises of whether it lies with the depositary to refuse to communicate to the States and international organizations concerned a reservation that is manifestly inadmissible, particularly when it is prohibited by a provision of the treaty. 26. The Commission would like to receive the views of States on this point before adopting a draft guideline in this regard. Yearbook 1998, vol. II (Part Two), p See note verbale from the Legal Counsel (modification of reservations), 2000 (Treaty Handbook (United Nations publication, Sales No. E.02.V.2), annex 2). 10 Possible alternatives such as rejection or opposition have been proposed. 18