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Last update: October 22, 2015

Fiftieth Session (1998)

Daily Bulletin

MONDAY, 27 APRIL 1998
Fiftieth session
United Nations Office at Geneva
2519th meeting (A/CN.4/SR.2519)

  • Election of officers
    • The Commission elected Mr. João Clemente Baena Soares (Brazil) as its Chairman. The Commission also elected Mr. Igor Ivanovich Lukashuk (Russian Federation) as First Vice-President, Mr. Raul I. Goco (Philippines) as Second Vice-President, Mr. Bruno Simma (Germany) as Chairman of the Drafting Committee and Mr. Christopher John Dugard (South Africa) as Rapporteur.

TUESDAY, 28 APRIL 1998
Fiftieth session
United Nations Office at Geneva
2520th meeting (A/CN.4/SR.2520)

  • Diplomatic protection
    • The Special Rapporteur, Mr. M. Bennouna, introduced his report on Diplomatic Protection (A/CN.4/484). The Commission began an issue-by-issue discussion of the report.

WEDNESDAY, 29 APRIL 1998
Fiftieth session
United Nations Office at Geneva
2521st meeting (A/CN.4/SR.2521)

  • Diplomatic protection
    • The Commission continued its discussion of the report on Diplomatic Protection (A/CN.4/484) on an issue-by-issue discussion.

THURSDAY, 30 APRIL 1998
Fiftieth session
United Nations Office at Geneva
2522nd meeting (A/CN.4/SR.2522)

  • Diplomatic protection
    • The Commission continued its discussion of the report on Diplomatic Protection (A/CN.4/484) on an issue-by-issue discussion.

FRIDAY, 1 MAY 1998
Fiftieth session
United Nations Office at Geneva
2523rd meeting (A/CN.4/SR.2523)

  • Diplomatic protection
    • The Commission concluded its consideration of the topic Diplomatic Protection (A/CN.4/484). The Special Rapporteur summed up the discussion on his preliminary report.

TUESDAY, 5 MAY 1998
Fiftieth session
United Nations Office at Geneva
2524th meeting (A/CN.4/SR.2524)

  • Unilateral acts of States
    • The Commission began its consideration of the topic. The Special Rapporteur, Mr. Victor Rodriguez-Cedeño, introduced his first report on the subject (A/CN.4/486). An exchange of views on specific issues followed.

WEDNESDAY, 6 MAY 1998
Fiftieth session
United Nations Office at Geneva
2525th meeting (A/CN.4/SR.2525)

  • Unilateral acts of States
    • The Commission continued its consideration of the topic on the basis of the first report (A/CN.4/486) of the Special Rapporteur, Mr. Victor Rodriguez-Cedeño.

THURSDAY, 7 MAY 1998
Fiftieth session
United Nations Office at Geneva
2526th meeting (A/CN.4/SR.2526)

  • Unilateral acts of States
    • The Commission continued its consideration of the topic on the basis of the first report (A/CN.4/486) of the Special Rapporteur, Mr. Victor Rodriguez-Cedeño.

FRIDAY, 8 MAY 1998
Fiftieth session
United Nations Office at Geneva
2527th meeting (A/CN.4/SR.2527)

  • Unilateral acts of States
    • The Commission completed its discussion of the topic, which was considered on the basis of the first report (A/CN.4/486) of the Special Rapporteur, Mr. Victor Rodriguez-Cedeño. The Special Rapporteur summed up the discussion of his report. The Commission decided to reconvene the Working Group on the topic established at its previous session, subject to some possible future adjustments in its membership.
  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Commission began its discussion of the topic on the basis of the first report (A/CN.4/487 and Add.1) of the Special Rapporteur, Mr. P.S. Rao. The Special Rapporteur introduced the first part of his report.

TUESDAY, 12 MAY 1998
Fiftieth session
United Nations Office at Geneva
2528th meeting (A/CN.4/SR.2528)

  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/487 and Add.1). An exchange of views ensued.

WEDNESDAY, 13 MAY 1998
Fiftieth session
United Nations Office at Geneva
2529th meeting (A/CN.4/SR.2529)

  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/487 and Add.1). An exchange of views ensued.

THURSDAY, 14 MAY 1998
Fiftieth session
United Nations Office at Geneva
2530th meeting (A/CN.4/SR.2530)

  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/487 and Add.1). An exchange of views ensued.

FRIDAY, 15 MAY 1998
Fiftieth session
United Nations Office at Geneva
2531st meeting (A/CN.4/SR.2531)

  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/487 and Add.1). An exchange of views ensued. The Special Rapporteur summed up the discussion.
    • The Commission decided to refer draft articles 1 (a) and 2 [recommended by the Working Group in 1996] to the Drafting Committee.

TUESDAY, 19 MAY 1998
Fiftieth session
United Nations Office at Geneva
2532nd meeting (A/CN.4/SR.2532)

WEDNESDAY, 20 MAY 1998
Fiftieth session
United Nations Office at Geneva
2533rd meeting (A/CN.4/SR.2533)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of "States crimes" (articles 19 and 51–53).

FRIDAY, 22 MAY 1998
Fiftieth session
United Nations Office at Geneva
2534th meeting (A/CN.4/SR.2534)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of "States crimes" (articles 19 and 51–53).

TUESDAY, 26 MAY 1998
Fiftieth session
United Nations Office at Geneva
2535th meeting (A/CN.4/SR.2535)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of "States crimes" (articles 19 and 51–53).

WEDNESDAY, 27 MAY 1998
Fiftieth session
United Nations Office at Geneva
2536th meeting (A/CN.4/SR.2536)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of "States crimes" (articles 19 and 51–53).

THURSDAY, 28 MAY 1998
Fiftieth session
United Nations Office at Geneva
2537th meeting (A/CN.4/SR.2537)

  • 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. An exchange of views took place.
  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of "States crimes" (articles 19 and 51–53).

FRIDAY, 29 MAY 1998
Fiftieth session
United Nations Office at Geneva
2538th meeting (A/CN.4/SR.2538)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of "States crimes" (articles 19 and 51–53).
  • Cooperation with other bodies
    • The President of the International Court of Justice, His Excellency Mr. Stephen M. Schwebel, addressed the Commission. An exchange of views took place.

TUESDAY, 2 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2539th meeting (A/CN.4/SR.2539)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3). An exchange of views ensued on the question of States crimes (articles 19 and 51–53).

WEDNESDAY, 3 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2540th meeting (A/CN.4/SR.2540)

  • State responsibility
    • The Commission continued its consideration of the report of the Special Rapporteur (A/CN.4/490, Add.1, Add.2, Add.2/Corr.1 and Add.3) and held an exchange of views on the question of States crimes (articles 19 and 51–53).
    • A Working Group was established to familiarize an agreed approach to the subject matter.

THURSDAY, 4 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2541st meeting (A/CN.4/SR.2541)

  • Reservations to treaties
    • The Commission began its consideration of the item. The Special Rapporteur, Mr. Alain Pellet, introduced his third report on the subject (A/CN.4/491, Add.1 and Add.2, ILC(L)/INFORMAL 11 and 12). An exchange of views followed.

FRIDAY, 5 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2542nd meeting (A/CN.4/SR.2542)

  • Reservations to treaties
    • The Commission continued its consideration of the item (A/CN.4/491, Add.1 and Add.2, ILC(L)/INFORMAL 11 and 12) and held an exchange of views.
  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Chairman of the Working Group on Prevention of Transboundary Damage from Hazardous Activities reported on the work of the Working Group (A/CN.4/L.556). The Commission decided to refer the draft articles to the Drafting Committee.

MONDAY, 8 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2543rd meeting (A/CN.4/SR.2543)

  • Unilateral acts of States
    • The Commission considered the report of the Working Group on the item (A/CN.4/L.558).

TUESDAY, 9 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2544th meeting (A/CN.4/SR.2544)

  • Nationality in relation to the succession of States
    • The Commission considered the report of the Working Group on the item (A/CN.4/L.557).
  • Diplomatic protection
    • The Commission considered the report of the Working Group on the item (A/CN.4/L.553).

WEDNESDAY, 10 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2545th meeting (A/CN.4/SR.2545)

  • Reservations to treaties
    • The Commission considered the guide to practice (ILC(L)/INFORMAL/12) pertaining to the third report of the Special Rapporteur, Mr. Alain Pellet, and decided to refer to the Drafting Committee guidelines 1.1.3 and 1.1.8.

THURSDAY, 11 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2546th and 2547th meetings
(A/CN.4/SR.2546 and A/CN.4/SR.2547)

  • Adoption of the report
    • The Commission adopted Chapter IV of its draft report on diplomatic protection (A/CN.4/L.552 and Add.1), Chapter V on unilateral acts (A/CN.4/L.555 and Add.1), part of Chapter VI on international liability for injurious consequences arising out of acts not prohibited by international law) (Prevention of transboundary damage from hazardous activities (A/CN.4/L.554 and Corr.1) and Chapter VIII concerning nationality in relation to the succession of States (A/CN.4/L.559 and Corr.1).
  • State responsibility
    • The Special Rapporteur, Mr. James Crawford, introduced addendum 4 of his first report (A/CN.4/490/Add.4) containing his recommendations for the second reading of articles 1 to 4 of the draft articles. After an exchange of views, the Commission decided to refer articles 1 to 4 to the Drafting Committee.

FRIDAY, 12 JUNE 1998
Fiftieth session
United Nations Office at Geneva
2548th meeting (A/CN.4/SR.2548)

  • Reservations to treaties
    • The Commission resumed its consideration on the guide to practice (ILC(L)/INFORMAL/12) pertaining to the third report of the Special Rapporteur. Mr. Alain Pellet, and decided to refer to the Drafting Committee guideline 1.1.4 concerning the object of reservations.
  • Recommendations of the Planning Group
    • The Commission adopted the recommendations of the Planning Group concerning its representation at the United Nations Conference on the Establishment of an international Criminal Court, its programme of work for the second part of the Commission's present session and the availability of the Special Rapporteur's reports prior to the Commission's session. It also decided that its next session would be held at the United Nations Office at Geneva from 3 May to 23 July 1999 and that sessions subsequent to 1999 be scheduled to take place in two parts for a total of 12 weeks in Geneva. It requested the secretariat to undertake the necessary administrative and budgetary requests in the light of this decision.

MONDAY, 27 JULY 1998
Fiftieth session
United Nations Headquarters at New York
2549th meeting (A/CN.4/SR.2549)

  • Reservations to treaties
    • The Commission continued with its consideration of the topic "Reservations to treaties". It discussed proposed guidelines 1.1.5 entitled "Statements designed to increase the obligations of their author" and 1.1.6 entitled "Statements designed to limit the obligations of their author" contained in document A/CN.4/491/Add.6.

TUESDAY, 28 JULY 1998
Fiftieth session
United Nations Headquarters at New York
2550th meeting (A/CN.4/SR.2550)

  • Reservations to treaties
    • The Commission continued its consideration of the topic, in particular guideline 1.1.7 (Reservations relating to non-recognition), as contained in document ILC (L) INFORMAL/12.

WEDNESDAY, 29 JULY 1998
Fiftieth session
United Nations Headquarters at New York
2551st meeting (A/CN.4/SR.2551)

  • Reservations to treaties
    • The Commission continued its consideration of the topic and decided to refer to the Draft Committee guideline 1.1.7 (Reservations relating to non-recognition). The Special Rapporteur on the topic introduced the part of his third report contained in document A/CN.4/491/Add.4.

THURSDAY, 30 JULY 1998
Fiftieth session
United Nations Headquarters at New York
2552nd meeting (A/CN.4/SR.2552)

  • Reservations to treaties
    • The Commission continued its discussion of the topic and, in particular, Addendum 4 of the Special Rapporteur's third report on the topic (A/CN.4/491/Add.4). It decided to refer to the Drafting Committee guidelines 1.2 on "Definition of Interpretive declarations" and 1.4 on "Scope of definitions".

FRIDAY, 31 JULY 1998
Fiftieth session
United Nations Headquarters at New York
2553rd meeting (A/CN.4/SR.2553)

  • State Responsibility
    • The Commission began its consideration of the topic. The Special Rapporteur, Mr. James Crawford, presented Addendum 5 of his first report to the Commission, which is contained in document A/CN.4/490/Add.5. The Commission also started its discussion on the report.

MONDAY, 3 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2554th meeting (A/CN.4/SR.2554)

  • Cooperation with other bodies
    • The Commission welcomed Mr. Jonathan T. Fried, observer for the Inter-American Juridical Committee, who addressed the Commission.
  • State Responsibility
    • The Commission continued its consideration of the topic.

TUESDAY, 4 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2555th meeting (A/CN.4/SR.2555)

  • State Responsibility
    • The Commission continued its discussion on the topic. It decided to refer to the Drafting Committee draft articles 5, 6, 7, 8 and 10 contained in Addendum 5 to the First report of the Special Rapporteur on the topic (A/CN.4/490/Add.5)

WEDNESDAY, 5 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2556th meeting (A/CN.4/SR.2556)

  • State Responsibility
    • The Commission continued its consideration of the topic "State responsibility", in particular Addendum 5 to the First report of the Special Rapporteur on the topic (A/CN.4/490/Add.5).
  • Reservations to Treaties
    • The Commission also started consideration of the Report of the Drafting Committee on "Reservations to Treaties" contained in document A/CN.4/L.563, Corr.1 and Corr.2.

THURSDAY, 6 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2557th meeting (A/CN.4/SR.2557)

  • Reservations to Treaties
    • The Commission continued its consideration of the report of the Drafting Committee on "Reservations to Treaties" contained in document A/CN.4/L.563, Corr.1 and Corr.2.

FRIDAY, 7 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2558th meeting (A/CN.4/SR.2558)

  • Cooperation with other bodies
    • 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.
  • Reservations to treaties
    • The Commission adopted the following draft guidelines contained in the report of the Drafting Committee (A/CN.4/L.563, Corr.1 and Corr.2):
      • 1.1 (Definition of Reservations);
      • 1.1.2 (Instances on which reservations may be formulated);
      • 1.1.4 (Reservations formulated when notifying territorial application);
      • 1.1.7 (Reservations formulated generally) and an additional guideline without number or title.
    • The Commission also adopted guidelines 1.1.1 (Object of reservation) and 1.1.3 (Reservations having territorial scope), as amended.
    • The Commission decided to refer back to the Drafting Committee Guidelines 1.1.5 and 1.1.6.
  • State responsibility
    • The Commission decided to refer to the Drafting Committee draft articles 9 and 11 to 15 bis contained in Addendum 5 of the Special Rapporteur's first report (A/CN4/490/Add.5).

WEDNESDAY, 12 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2559th and 2560th meetings
(A/CN.4/SR.2559 and A/CN.4/SR.2560)

  • Adoption of the Report
    • The Commission continued with the adoption of its report. It adopted parts of Chapter IX thereof dealing with Reservations to treaties (A/CN.4/L.562, Corr.1, Add.1 and Add.2).
  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary damage from hazardous activities)
    • The Commission also considered the report of the Drafting Committee on "Prevention of transboundary damages from hazardous activities (A/CN.4/L.568). It adopted article 1, as amended; article 2, articles 3 and 4, as amended; and article 5 contained in the report.

THURSDAY, 13 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2561st and 2562nd meetings
(A/CN.4/SR.2561 and A/CN.4/SR.2562)

  • Adoption of the Report
    • The Commission continued with the adoption of its report. It adopted parts of Chapter IX thereof dealing with Reservations to treaties (A/CN.4/L.562, Corr.1, Add.1 and Add.2).
    • The Commission also considered the report of the Drafting Committee on "Prevention of transboundary damages from hazardous activities" (A/CN.4/L.568).
    • It adopted article 1, as amended; article 2, articles 3 and 4, as amended; and article 5 contained in the report.

FRIDAY, 14 AUGUST 1998
Fiftieth session
United Nations Headquarters at New York
2563rd and 2564th meetings
(A/CN.4/SR.2563 and A/CN.4/SR.2564)

  • Adoption of the Report
    • The Commission concluded its consideration of its report.
    • The Chairman declared the 1998 session of the Commission closed.