Last update:
July 15, 2015
Analytical Guide to the Work of the International Law Commission
Succession of States and Governments
See also: Summary | Texts and Instruments
Mandate
- Selected for codification by the Commission in 1949
- Resolution 1686 (XVI) of 18 December 1961
Studies undertaken by the Secretariat and Reports of the Secretary-General
- 14th session of the International Law Commission (1962)
- The succession of States in relation to membership in the United Nations: memorandum prepared by the Secretariat
|
|
- Succession of States in relation to general multilateral treaties of which the Secretary-General is the depositary: memorandum prepared by the Secretariat
|
|
- Digest of the decisions of international tribunals relating to State succession: Study prepared by the Secretariat
|
|
- 15th session of the International Law Commission (1963)
- Digest of decisions of national courts relating to succession of States and Governments: Study prepared by the Secretariat
|
|
Reports of the Working Group or Sub-Committee
- 14th session of the International Law Commission (1962)
- Preliminary suggestions of the Sub-Committee on the Succession of States and governments
|
- ILC Report, A/5209 (A/17/9), 1962, chap. III(I), paras. 70–72
|
- 15th session of the International Law Commission (1963)
- Report of the Sub-Committee on the Succession of States and governments
|
- A/CN.4/160 (in ILC Report, A/5509) (A/18/9), 1963, annex II)
- ILC Report, A/5509 (A/18/9), 1963, chap. IV(B), para. 56
|
Reports of the Special Rapporteur
None
Reports of the Drafting Committee
None
Comments by Governments
None
Other
- 15th session of the International Law Commission (1963)
- Working Paper submitted by Mr. Manfred Lachs
|
- A/CN.4/SC.2/WP.7 (in A/CN.4/160, annex II, (ILC Report, A/5509 (A/18/9), 1963, annex II))
|
Reports of the International Law Commission
- Report of the International Law Commission on the Work of its fourteenth session, 24 April to 29 June 1962
- The Commission considered the inclusion of the topic on the basis of General Assembly resolution 1686 (XVI) of 18 December 1961. In principle, all members of the Commission were in favour of including the topic on its priority list, but there were divergent views concerning the scope of the topic and the best approach to its study. The Commission established the Subcommittee on Succession of States and Governments with the task preparing a preliminary report, and made several decisions on the basis of its suggestions.
- Discussion in plenary: 637th meeting (7 May 1962) and 668th meetings (26 June 1962)
|
|
- Report of the International Law Commission on the work of its fifteenth session, 6 May to 12 July 1963
- Adopted the report of the Sub-Committee on the Succession of States and Governments. Mr. Manfred Lachs was appointed as Special Rapporteur for the topic of the succession of States and Governments.
- Discussion in Plenary: 702nd meeting (18 June 1963)
|
|
- Report of the International Law Commission on the work of its nineteenth session, 8 May to 14 July 1967
- Divided the topic into three headings: a) Succession in respect of treaties; b) Succession in respect of rights and duties resulting from sources other than treaties and c) Succession in respect of membership of international organizations. Decided to give the topic of succession in respect of treaties a priority, and appointed Sir Humphrey Waldock as the Special Rapporteur to deal with succession in respect of treaties. The Commission also appointed Mr. Mohammed Bedjaoui as Special Rapporteur on the topic of succession in respect of rights and duties resulting from sources other than treaties. The Commission decided to leave aside for the time being the third aspect, without assigning it to a Special Rapporteur.
|
|
General Assembly Action
- Resolution 1765 (XVII) of 20 November 1962
- Recommended that the Commission continue its work on the succession of States and Governments, taking into account the views expressed at the seventeenth session of the General Assembly and the report of the Sub-Committee on the Succession of States and Governments.
|
|
- Resolution 1902 (XVIII) of 18 November 1963
- Recommended the continuation of the Commission's work on the topic taking into account the views expressed at the seventeenth session of the General Assembly and the report of the Sub-Committee on the Succession of States and Governments.
|
|
Final Outcome