International Law Commission International Law Commission

Last update: October 22, 2015

Fiftieth Session (1998)

The International Law Commission held its fiftieth session at Geneva, Switzerland, from 27 April to 12 June and at New York, United States of America, from 27 July to 14 August 1998 in accordance with General Assembly resolution 52/156 of 15 December 1997.

Topics considered in 1998 (chap. II of the Report)

International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities) (Summary | Analytical Guide)

The Commission adopted on first reading, a set of 17 draft articles with commentaries on prevention of transboundary damage from hazardous activities and decided to transmit the draft articles to Governments for comments and observations. (see chap. IV)

Diplomatic protection (Summary | Analytical Guide)

The Commission considered the preliminary report of the Special Rapporteur on the topic of "Diplomatic protection" (A/CN.4/484), which dealt with the legal nature of diplomatic protection and the nature of the rules governing the topic. It established a Working Group to consider possible conclusions which might be drawn on the basis of the discussion as to the approach to the topic and also to provide directions in respect of issues which should be covered by the report of the Special Rapporteur for the next session of the Commission. At the conclusion of its report, the Working Group suggested that the Special Rapporteur, in its second report, should concentrate on the issues raised in Chapter I, "Basis for diplomatic protection", of the outline proposed by the last year Working Group. (see chap. V)

Unilateral acts of States (Summary | Analytical Guide)

The Commission examined the first report of the Special Rapporteur (A/CN.4/486). The discussion concentrated mainly on the scope of the topic, the definition and elements of unilateral acts, the approach to the topic and the final form of the Commission's work thereon. There was general endorsement for limiting the topic to unilateral acts of States issued for the purpose of producing international legal effects and for elaborating possible draft articles with commentaries on the matter. The Commission requested the Special Rapporteur, when preparing his second report, to submit draft articles on the definition of unilateral acts and the scope of the draft articles and to proceed further with the examination of the topic, focusing on aspects concerning the elaboration and conditions of validity of the unilateral acts of States. (see chap. VI)

State responsibility (Summary | Analytical Guide)

The Commission considered the first report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1, Add.3, Add.4, Add.4/Corr.1, Add.5, Add.6, Add.7 and Add.7/Corr.1), which dealt with general issues relating to the draft, the distinction between "crimes" and "delictual" responsibility, and articles 1 to 15 of part one of the draft. The Commission established a working group to assist the Special Rapporteur in the consideration of various issues during the second reading of the draft articles. The Commission decided to refer draft articles 1 to 15 to the Drafting Committee. The Commission took note of the report of the Drafting Committee on articles 1, 3, 4, 5, 7, 8, 8 bis, 9, 10, 15, 15 bis and A. The Commission also took note of the deletion of articles 2, 6 and 11 to 14. (see chap. VII)

Nationality in relation to the succession of States (Summary | Analytical Guide)

The Commission considered the fourth report of the Special Rapporteur (A/CN.4/489) and established a working group to consider the question of the possible orientation to be given to the second part of the topic dealing with the nationality of legal persons. The preliminary conclusions of the Working Group are annexed to the Commission's report. (see chap. VIII)

Reservations to treaties (Summary | Analytical Guide)

The Commission considered the third report of the Special Rapporteur (A/CN.4/491, Add.1, Add.2, Add.2/Corr.1, Add.3, Add.3/Corr.1, Add.4, Add.4/Corr.1, Add.5, Add.6 and Add.6/Corr.1) concerning the definition of reservations (and interpretative declarations). The Commission adopted seven draft guidelines on definition of reservations, object of reservations, instances on which reservations may be formulated, reservations having territorial scope, reservations formulated when notifying territorial application, reservations formulated jointly and the relationship between definitions and admissibility of reservations. (see chap. IX)

Cooperation with other bodies

  • The Secretary-General of the Asian-African Legal Consultative Committee, Mr. Tang Chengyuan, informed the Commission of the activities and recent developments on the work of the Committee at the Commission's 2537th meeting, held on 28 May 1998. An exchange of views took place.
  • The President of the International Court of Justice, His Excellency Mr. Stephen M. Schwebel, addressed the Commission at its 2538th meeting, held on 29 May 1998. An exchange of views took place.
  • The Commission welcomed Mr. Jonathan T. Fried, observer for the Inter-American Juridical Committee, who addressed the Commission at its 2554th meeting, on 3 August 1998.
  • The Secretary of the Council of Europe's Ad Hoc Committee of legal Advisors on Public International Law informed the Commission of the Ad Hoc Committee's work, at the Commission's 2558th meeting, held on 7 August 1998.

Other business

Date and place of the fifty-first session

The Commission agreed that its next session would be held at the United Nations Office at Geneva from 3 May to 23 July 1999 (12 weeks).