International Law Commission International Law Commission

Last update: November 2, 2015

Fifty-third Session (2001)

Daily Bulletin

MONDAY, 23 April 2001
Fifty-third session
United Nations Office at Geneva
2665th meeting (A/CN.4/SR.2665)

  • Election of officers
    • The Commission elected Mr. Peter Kabatsi (Uganda) as its Chairman, Mr. Gerhard Hafner (Austria) as the First Vice-Chairman, Mr. Enrique Candioti (Argentina) as the Second Vice-Chairman, Mr. Peter Tomka (Slovakia) as the Chairman of the Drafting Committee, and Mr. Qizhi He (China) as Rapporteur.
  • Adoption of the agenda
    • The Commission adopted its provisional agenda (A/CN.4/512)
  • Organization of work
    • The Commission adopted a work plan for the first two weeks of its current session.
  • State responsibility
    • The Special Rapporteur, Mr. James Crawford, introduced his fourth report on the topic (A/CN.4/517 and Add.1). The Commission began its consideration of the report.

TUESDAY, 24 April 2001
Fifty-third session
United Nations Office at Geneva
2666th meeting (A/CN.4/SR.2666)

  • Organization of work
    • The Chairman of the Drafting Committee read out the composition of the Drafting Committee on International liability for injurious consequences arising out of acts not prohibited by International Law (Prevention of transboundary damage from hazardous activities), as follows: Chairman: Mr. Peter TOMKA; Special Rapporteur: Mr. Pemmeraju Sreenivasa RAO; Members: Mr. Ian BROWNLIE; Mr.Enrique CANDIOTI; Mr. Christopher John Robert DUGARD; Mr. Constantin ECONOMIDES; Mr. Giorgio GAJA; Mr. Zdzislaw GALICKI; Mr. James Lutabanzibwa KATEKA; Mr. Teodor Viorel MELESCANU; Mr. Victor RODRIGUEZ-CEDENO; Mr. Robert ROSENSTOCK; Mr. Chusei YAMADA and Mr. Qizhi HE (ex officio).

WEDNESDAY, 25 April 2001
Fifty-third session
United Nations Office at Geneva
2667th meeting (A/CN.4/SR.2667)

  • State responsibility
    • The Commission continued its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).

THURSDAY, 26 April 2001
Fifty-third session
United Nations Office at Geneva
2668th meeting (A/CN.4/SR.2668)

  • State responsibility
    • The Commission continued its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).

FRIDAY, 27 April 2001
Fifty-third session
United Nations Office at Geneva
2669th meeting (A/CN.4/SR.2669)

  • Organization of work
    • The Chairman of the Drafting Committee read out the composition of the Drafting Committee on State responsibility, as follows: Chairman: Mr. Peter TOMKA; Special Rapporteur: Mr. James CRAWFORD; Members: Mr. Ian BROWNLIE; Mr. Enrique CANDIOTI; Mr. Christopher John Robert DUGARD; Mr. Constantin ECONOMIDES; Mr. Giorgio GAJA; Mr. Zdzislaw GALICKI; Mr. Igor 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).

TUESDAY, 1 May 2001
Fifty-third session
United Nations Office at Geneva
2670th meeting (A/CN.4/SR.2670)

  • State responsibility
    • The Commission continued its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).

WEDNESDAY, 2 May 2001
Fifty-third session
United Nations Office at Geneva
2671st meeting (A/CN.4/SR.2671)

  • State responsibility
    • The Commission continued its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).

THURSDAY, 3 May 2001
Fifty-third session
United Nations Office at Geneva
2672nd meeting (A/CN.4/SR.2672)

  • State responsibility
    • The Commission continued its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).
    • The Commission decided to refer draft articles 1 to 22 and draft articles 24 to 27 to the Drafting Committee.

FRIDAY, 4 May 2001
Fifty-third session
United Nations Office at Geneva
2673rd meeting (A/CN.4/SR.2673)

  • State responsibility
    • The Commission continued its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).
    • The Chairman read out the composition of the Working Group on commentaries on State responsibility, as follows: Chairman: Mr. Teodor Viorel Melescanu; Members: 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. Berndardo Sepulveda, Mr. Peter Tomka and Mr. Qizhi He (ex officio).
    • The Commission also established an open-ended Working Group to deal with outstanding issues on the topic State responsibility.
  • Cooperation with other Bodies
    • The Commission heard a statement by the Representative of the Inter-American Juridical Committee, Dr. Gerardo Trejos Salas.

TUESDAY, 8 May 2001
Fifty-third session
United Nations Office at Geneva
2674th meeting (A/CN.4/SR.2674)

  • State responsibility
    • The Commission concluded its consideration of the fourth report of the Special Rapporteur, Mr. James Crawford (A/CN.4/517 and Add.1).
    • The Commission decided to refer draft articles 23 and 28 to 59 to the Drafting Committee

FRIDAY, 11 May 2001
Fifty-third session
United Nations Office at Geneva
2675th meeting (A/CN.4/SR.2675)

  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary harm from hazardous activities)
    • The Commission considered the report of the Drafting Committee on the topic International Liability for injurious consequences arising out of acts not prohibited by International Law (Prevention of transboundary harm from hazardous activities) and adopted, on second reading, the draft articles on Prevention of transboundary harm from hazardous activities contained in document A/CN.4/L.601, Corr.1 and Corr.2.

TUESDAY, 15 May 2001
Fifty-third session
United Nations Office at Geneva
2676th meeting (A/CN.4/SR.2676)

  • Programme, procedures and working methods of the Commission and its documentation
    • The Chairman of the Planning Group, Mr. Gerhard HAFNER, read out the composition of the Planning Group, as follows: Chairman: Mr. Gerhard HAFNER; Members: Mr. Emmanuel Akwei ADDO; Mr. Joao Clemente BAENA SOARES; Mr. Ian BROWNLIE; Mr. Kamil IDRIS; Mr. Zdzislaw GALICKI; Mr. Maurice KAMTO; Mr. Mochtar KUSUMA-ATMADJA; Mr. Alain PELLET; Mr. Robert ROSENSTOCK; Mr. Chusei YAMADA and Mr. Qizhi HE (ex officio).

FRIDAY, 18 May 2001
Fifty-third session
United Nations Office at Geneva
2677th meeting (A/CN.4/SR.2677)

  • Other business
    • The Legal Counsel made a statement informing the Commission on the activities of the Office of Legal Affairs and recent developments of international law in the context of the United Nations.
  • Reservations to treaties
    • The Special Rapporteur on the topic, Mr. Alain Pellet, introduced the remaining parts of his fifth report (A/CN.4/508/Add.3 and Add.4). The Commission began its consideration of the topic.

TUESDAY, 22 May 2001
Fifty-third session
United Nations Office at Geneva
2678th meeting (A/CN.4/SR.2678)

  • Reservations to treaties
    • The Commission continued its consideration of the fifth report of the Special Rapporteur, Mr. Alain Pellet (A/CN.4/508/Add.3 and Add.4).

WEDNESDAY, 23 May 2001
Fifty-third session
United Nations Office at Geneva
2679th meeting (A/CN.4/SR.2679)

  • Reservations to treaties
    • The Commission continued its consideration of the fifth report of the Special Rapporteur, Mr. Alain Pellet (A/CN.4/508/Add.3 and Add.4).
    • The Commission decided to refer Guidelines 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.3.1, 2.3.2, 2.3.3, 2.3.4, 2.4.3, 2.4.4, 2.4.5, 2.4.6, 2.4.7 and 2.4.8 to the Drafting Committee.
    • The Chairman of the Drafting Committee read out the composition of the Drafting Committee on Reservations to Treaties as follows: Chairman: Mr. P. TOMKA; Special Rapporteur: Mr. A. PELLET; Members: Messrs. H.M. AL-BAHARNA, E. CANDIOTI, C. ECONOMIDES, G. GAJA, G. HAFNER, M. KAMTO, T.V. MELESCANU, R. ROSENSTOCK, B. SIMMA; Mr. Q. HE (ex officio).

FRIDAY, 25 May 2001
Fifty-third session
United Nations Office at Geneva
2680th meeting (A/CN.4/SR.2680)

  • Diplomatic protection
    • The Special Rapporteur on the topic, Mr. John Dugard, introduced the remaining parts of his first report (A/CN.4/506/Add.1). The Commission began its consideration of the topic.

TUESDAY, 29 May 2001
Fifty-third session
United Nations Office at Geneva
2681st meeting (A/CN.4/SR.2681)

  • State responsibility
    • The Commission began its consideration of the report of the Drafting Committee on the topic “State responsibility” (A/CN.4/L.602/Rev.1 and Corr.1)

WEDNESDAY, 30 May 2001
Fifty-third session
United Nations Office at Geneva
2682nd meeting (A/CN.4/SR.2682)

  • State responsibility
    • The Commission continued its consideration of the report of the Drafting Committee on the topic “State responsibility” (A/CN.4/L.602/Rev.1 and Corr.1)

THURSDAY, 31 May 2001
Fifty-third session
United Nations Office at Geneva
2683rd meeting (A/CN.4/SR.2683)

  • State responsibility
    • The Commission considered and adopted on second reading the draft articles on "Responsibility of States for internationally wrongful acts" contained in document A/CN.4/L.602/Rev.1 and Corr.1.

 

FRIDAY, 1 June 2001
Fifty-third session
United Nations Office at Geneva
2684th meeting (A/CN.4/SR.2684)

  • Organization of the work of the session
    • The Commission concluded the first part of its session

MONDAY, 9 July 2001
Fifty-third session
United Nations Office at Geneva
2685th meeting (A/CN.4/SR.2685)

  • Diplomatic protection
    • The Commission commenced its consideration of the remainder of the first report of the Special Rapporteur, Mr. John Dugard (A/CN.4/506/Add.1)

TUESDAY, 10 July 2001
Fifty-third session
United Nations Office at Geneva
2686th meeting (A/CN.4/SR.2686)

  • Diplomatic protection
    • The Commission continued its consideration of addendum 1 to the first report of the Special Rapporteur, Mr. John Dugard (A/CN.4/506/Add.1)

WEDNESDAY, 11 July 2001
Fifty-third session
United Nations Office at Geneva
2687th meeting (A/CN.4/SR.2687)

  • Diplomatic protection
    • The Commission concluded its consideration of addendum 1 to the first report of the Special Rapporteur, Mr. John Dugard (A/CN.4/506/Add.1)

THURSDAY, 12 July 2001
Fifty-third session
United Nations Office at Geneva
2688th meeting (A/CN.4/SR.2688)

  • Diplomatic protection
    • The Commission referred draft article 9, contained in document A/CN.4/506/Add.1 to the Drafting Committee
    • The Special Rapporteur, Mr. John Dugard, Mr. John Dugard, introduced draft articles 10 and 11, contained in his second report (A/CN.4/514 and Corr.1 and 2 (Spanish only)) and the Commission began its consideration of those articles
    • The Comission further decided to hold open-ended informal consultations on the topic.

FRIDAY, 13 July 2001
Fifty-third session
United Nations Office at Geneva
2689th meeting (A/CN.4/SR.2689)

  • Diplomatic protection
    • The Commission continued its consideration of the second report of the Special Rapporteur, Mr. John Dugard (A/CN.4/514, Corr.1 and Corr.2)

TUESDAY, 17 July 2001
Fifty-third session
United Nations Office at Geneva
2690th meeting (A/CN.4/SR.2690)

  • Diplomatic protection
    • The Commission concluded its consideration of articles 10 and 11 of the second report of the Special Rapporteur, Mr. John Dugard (A/CN.4/514, Corr.1 and Corr.2), and referred both articles to the Drafting Committee. The Commission thus concluded its consideration of the topic at the current session.
  • Reservations to treaties
    • The Commission continued its consideration of the Sixth Report of the Special Rapporteur on the topic (A/CN.4/518, Add.1, Add.2 and Add.3).

WEDNESDAY, 18 July 2001
Fifty-third session
United Nations Office at Geneva
2691st meeting (A/CN.4/SR.2691)

  • Reservations to treaties
    • The Commission continued its consideration of the Sixth Report of the Special Rapporteur on the topic (A/CN.4/518, Add.1, Add.2 and Add.3).

THURSDAY, 19 July 2001
Fifty-third session
United Nations Office at Geneva
2692nd meeting (A/CN.4/SR.2692)

  • Reservations to treaties
    • The Commission continued its consideration of the Sixth Report of the Special Rapporteur on the topic (A/CN.4/518, Add.1, Add.2 and Add.3) and referred draft guidelines 2.1.1, 2.1.2, 2.1.3, [2.1.3bis], 2.1.4, 2.1.5, 2.1.6, 2.1.7, 2.1.8, 2.4.1, [2.4.1bis], 2.4.2 and 2.4.9 to the Drafting Committee.

FRIDAY, 20 July 2001
Fifty-third session
United Nations Office at Geneva
2693rd meeting (A/CN.4/SR.2693)

  • Reservations to treaties
    • The Special Rapporteur summarized the debate on his Sixth report (A/CN.4/518, Add.1, Add.2 and Add.3). The Commission thus concluded its consideration of the topic.
  • Unilateral Acts of States
    • The Special Rapporteur on Unilateral Acts of States introduced his Fourth Report (A/CN.4/519).

TUESDAY, 24 July 2001
Fifty-third session
United Nations Office at Geneva
2694th meeting (A/CN.4/SR.2694)

  • Reservations to treaties
    • The Chairman of the Drafting Committee presented the report of the Drafting Committee on Reservations to treaties (A/CN.4/L.603, Corr.1, Corr.2 and Rev.1). The Commission adopted on first reading draft guidelines with modifications as follows: 2.2.1 Formal confirmation of reservations formulated when signing a treaty (Confirmation formelle des réserves formulées lors de la signature d'un traité); 2.2.2 [2.2.3] Instances of non-requirement of confirmation of reservations formulated when signing a treaty (Cas de non-exigence de confirmation des réserves formulées lors de la signature d'un traité); 2.2.3 [2.2.4] Reservations formulated upon signature when a treaty expressly so provides (Réserves à la signature expressément prévues par le traité); 2.3.1 Late formulation of a reservation (Formulation tardive d'un réserve); 2.3.2 Acceptance of late formulation of a reservation (Acceptation de la formulation tardive d'une réserve); 2.3.3 Objection to late formulation of a reservation (Objection à la formulation tardive d'une réserve); 2.3.4 Subsequent exclusion or modification of the legal effect of a treaty by means other than reservations (Exclusion ou modification ultérieure de l'effet juridique d'un traité par des procédés autres que les réserves); 2.4.3 Time at which an interpretative declaration may be formulated (Moment auquel une déclaration interprétative peut être formulée); 2.4.4. [2.4.5] Non-requirement of confirmation of interpretative declarations made when signing a treaty (Non-exigence de confirmation des déclarations interprétatives formulées lors de la signature d'un traité); 2.4.5 [2.4.4] Formal confirmation of conditional interpretative declarations formulated when signing a treaty (Confirmation formelle des déclarations interprétatives conditionnelles formulées lors de la signature d'un traité); 2.4.6 [2.4.7] Late formulation of an interpretative declaration (Formulation tardive d'une déclaration interprétative); 2.4.7 [2.4.8] Late formulation of a conditional interpretative declaration (Formulation tardive d'une déclaration interprétative conditionnelle)

WEDNESDAY, 25 July 2001
Fifty-third session
United Nations Office at Geneva
2695th meeting (A/CN.4/SR.2695)

  • Unilateral Acts of States
    • The Commission began its consideration of the Fourth Report of the Special Rapporteur (A/CN.4/519).
  • Planning Group
    • The Commission took note of the oral report of the Planning Group.

THURSDAY, 26 July 2001
Fifty-third session
United Nations Office at Geneva
2696th meeting (A/CN.4/SR.2696)

  • Unilateral Acts of States
    • The Commission continued and concluded its consideration of the Fourth Report of the Special Rapporteur (A/CN.4/519).

FRIDAY, 27 July 2001
Fifty-third session
United Nations Office at Geneva
2697th meeting (A/CN.4/SR.2697)

  • Adoption of the Report
    • The Commission began it consideration of Chapter IV of its report dealing with “International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary harm from hazardous activities).

MONDAY, 30 July 2001
Fifty-third session
United Nations Office at Geneva
2698th meeting (A/CN.4/SR.2698)

  • Cooperation with other bodies
    • H.E. Judge Gilbert Guillaume, President of the International Court of Justice, addressed the Commission.
  • Adoption of the Report
    • The Commission considered and adopted commentaries to articles 1 (Scope), 2 (Use of terms), 3 (Prevention), 4 (Cooperation), 5 (Implementation) and 6 (Authorization).

TUESDAY, 31 July 2001
Fifty-third session
United Nations Office at Geneva
2699th meeting (A/CN.4/SR.2699)

  • Adoption of the Report
    • The Commission considered and adopted commentaries to articles 7 (Assessment of risk), 8 (Notification and information), 9 (Consultations on preventive measures), 10 (Factors involved in an equitable balance of interests), 11 (Procedures in the absence of notification), 12 (Exchange of information), 13 (Information to the public) and 14 (National security and industrial secrets).

THURSDAY, 2 August 2001
Fifty-third session
United Nations Office at Geneva
2700th meeting (A/CN.4/SR.2700)

  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary harm from hazardous activities)
    • The Commission adopted commentaries to articles 15 (Non-discrimination), 16 (Emergency preparedness), 17 (Notification of an emergency), 18 (Relationship to other rules of international law), 19 (Settlement of disputes) and preambule (Chapter IV)
  • Reservations to treaties
    • The Commission adopted sections A, B and C of its report on the topic.
    • The Commission also adopted commentaries to the following draft guidelines: 2.2 (Confirmation of reservations when signing), 2.2.1 (Formal confirmation of reservations formulated when signing a treaty); 2.2.2 (Instances of non-requirement of confirmation of reservations formulated when signing a treaty) and 2.2.3 (Reservations formulated upon signature when a treaty expressly so provides) (Chapter VI) (A/CN.4/L.609 and Add.2 and 3).
  • Cooperation with other bodies
    • The representative of the Ad Hoc Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe, Mr. R. Benitez, addressed the Commission. An exchange of views followed.

FRIDAY, 3 August 2001
Fifty-third session
United Nations Office at Geneva
2701st meeting (A/CN.4/SR.2701)

  • Reservations to treaties
    • The Commission adopted commentaries to the following draft guidelines: 2.3.1 (Late formulation of a reservation), 2.3.2 (Acceptance of the late formulation of a reservation), 2.3.3 (Objection to the late formulation of a reservation) and 2.3.4 (Subsequent exclusion or modification of the legat effects of a treaty by means other than reservations) (Chapter VI).
  • International liability for injurious consequences arising out of acts not prohibited by international law (Prevention of transboundary harm from hazardous activities)
    • The Commission decided 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. The Commission also adopted by acclamation a resolution paying tribute to the Special Rapporteur, Mr. Pemmeraju Sreenivasa Rao.
  • Unilateral acts of States
    • The Commission took note of the oral report of the Working Group.
  • State responsibility
    • The Commission considered a further report of the Draftinng Committee on the draft articles on the responsibility of States for internationally wrongful acts and adopted on second reading the final text of the draft articles contained in document A/CN.4/L.602/Rev.1 and Corr.1.

MONDAY, 6 August 2001
Fifty-third session
United Nations Office at Geneva
2702nd meeting (A/CN.4/SR.2702)

  • State responsibility
    • The Commission adopted sections A and B of its report on the topic.
    • The Commission also adopted commentaries to articles 1 (Responsibility of a State for its internationally wrongful acts), 2 (Elements of an internationally wrongful act of a State), 3 (Characterization of an act of a State as internationally wrongful) (Part I, Chapter I, document A/CN.4/Add.2), 12 (Existence of a breach of an international obligation), 13 (International obligation in force for a State) (Part I, Chapter III).

MONDAY, 6 August 2001
Fifty-third session
United Nations Office at Geneva
2703rd meeting (A/CN.4/SR.2703)

  • State responsibility
    • The Commission adopted commentaries to articles 14 (Extension in time of the breach of a international obligation), 15 (Breach consisting of a composite act) (Part I, Chapter, document A/CN.4/L.608/Add.7), 16 (Aid or assistance in the commission of an internationally wrongful act), 17 (Direction and control exercised over the commission of an internationally wrongful act), and 18 (Coercion of another State) (Part I, Chapter IV).
  • Cooperation with other bodies
    • The Commission heard a statement by the Secretary-General of the Asian-African Consultative Organization, Mr. Wafik Zaher Kamil. An exchange of views followed.

TUESDAY, 7 August 2001
Fifty-third session
United Nations Office at Geneva
2704th meeting (A/CN.4/SR.2704)

  • State responsibility
    • The Commission adopted commentaries to articles 20 (Consent), 21 (Self-defence), 22 (Countermeasures in respect of an internationally wrongful act), 23 (Force majeure), 24 (Distress), 25 (Necessity), 26 (Compliance with peremptory norms), 27 (Consequences of invoking a circumstance precluding wrongfulness) (Part I, Chapter V), 28 (Legal consequences of an internationally wrongful act), 29 (Continued duty of performance), 30 (Cessation and non-repetition) (Part II, Chapter I).

TUESDAY, 7 August 2001
Fifty-third session
United Nations Office at Geneva
2705th meeting (A/CN.4/SR.2705)

  • State responsibility
    • The Commission adopted commentaries to articles 31 (Reparation), 32 (Irrelevance of internal law), 33 (Scope of international obligations set out in this Part) (Part II, Chapter I) (A/CN.4/L.608/Add.3), 34 (Forms of reparation), 35 (Restitution), 36 (Compensation), 37 (Satisfaction), 38 (Interest), 39 (Contribution to the injury) (Part II, Chapter II) (A/CN.4/L.608/Add.4), 40 (Application of this Chapter), 41 (Particular consequences of a serious breach of an obligation under this Chapter).

WEDNESDAY, 8 August 2001
Fifty-third session
United Nations Office at Geneva
2706th meeting (A/CN.4/SR.2706)

  • State responsibility
    • The Commission adopted commentaries to articles 42 (Invocation of responsibility by an injured State), 43 (Notice of claim by an injured State), 44 (Admissibility of claims), 45 (Loss of the right to invoke responsibility), 46 (Plurality of injured States), 47 (Plurality of responsible States) and 48 (Invocation of responsibility by a State other than the injured State) (Part III, Chapter I).

WEDNESDAY, 8 August 2001
Fifty-third session
United Nations Office at Geneva
2707th meeting (A/CN.4/SR.2707)

  • State responsibility
    • The Commission adopted commentaries to articles 49 (Object and limits of countermeasures), 50 (Obligations not affected by countermeasures), 51 (Proportionality), 52 (Conditions relating to resort to countermeasures), 53 (Termination of countermeasures), 54 (Measures taken by States other than an injured State) (Part III, Chapter II) (A/CN.4/L.608/Add.5), 55 (Lex specialis), 56 (Questions of State responsibility not regulated by these articles), 57 (Responsibility of an international organization), 58 (Individual responsibility) and 59 (Charter of the United Nations) (Part IV) (A/CN.4/L.608/Add.9), 4 (Conduct of organs of a State), 5 (Conduct of persons or entities exercising elements of governmental authority), 6 (Conduct of organs placed at the disposal of a State by another State), 7 (Excess of authority or contravention of instructions), 8 (Conduct directed or controlled by a State), 9 (Conduct carried out in the absence or default of the official authorities) and 10 (Conduct of an insurrectional or other movement) (Part I, Chapter II).

THURSDAY, 9 August 2001
Fifty-third session
United Nations Office at Geneva
2708th meeting (A/CN.4/SR.2708)

  • State responsibility
    • The Commission adopted the commentary to article 11 (Conduct acknowledged and adopted by a State as its own) (Part I, Chapter II).
  • Reservations to treaties
    • The Commission adopted part of section B of its report relating to the topic. The Commission also adopted commentaries to the following draft guidelines: 2.4.3 (Time at which an interpretative declaration may be formulated), 2.4.4 [2.4.5] (Non-requirement of confirmation of interpretative declarations made when signing a treaty), 2.4.5 [2.4.4] (Formal confirmation of conditional interpretative declarations formulated when signing a treaty) and 2.4.7 [2.4.8] (Late formulation of a conditional interpretative declaration) (Chapter VI).
  • Unilateral acts of States
    • The Commission adopted Chapter VIII relating to the topic, as amended.
  • Other decisions and conclusions of the Commission
    • The Commission adopted Chapter IX of its report, as amended.

THURSDAY, 9 August 2001
Fifty-third session
United Nations Office at Geneva
2709th meeting (A/CN.4/SR.2709)

  • Diplomatic protection
    • The Commission adopted Chapter VII relating to the topic, as amended.
  • State responsibility
    • 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 light of the importance of the topic, the possibility of convening and international conference of plenipotentiaries to examine the draft articles on responsibility of States for internationally wrongful acts with a view to concluding a convention on the topic. The Commission also adopted by acclamation, a resolution paying tribute to the Special Rapporteur, Mr. James Crawford.

FRIDAY, 10 August 2001
Fifty-third session
United Nations Office at Geneva
2710th meeting (A/CN.4/SR.2710)

  • Adoption of the report
    • The Commission adopted Chapters I, II and III of its report, as amended.
    • The Commission adopted its report of the fifty-third session as a whole and thus concluded its work for the session.