International Law Commission International Law Commission

Last update: July 15, 2015

Analytical Guide to the Work of the International Law Commission

Extended participation in general multilateral treaties concluded under the auspices of the League of Nations

See also: Summary | Texts and Instruments

Mandate

Studies undertaken by the Secretariat and Reports of the Secretary-General

  • 15th session of the International Law Commission (1963)
    • Question of extended participation in general multilateral treaties concluded under the auspices of the League of Nations (General Assembly resolution 1766 (XVII)): Note by the Secretariat
    • List of Multilateral agreements concluded under the auspices of the League of Nations in respect of which the Secretary-General acts as depository and which are not open to new States by virtue of their terms or of the demise of the League: Working Paper submitted by the Secretariat
  • A/CN.4/159 and Add.1 (mimeograph)
  • ILC Report, A/5509 (A/18/9), 1963, chap. III, para. 19
  • A/C.6/L.498
  • ILC Report, A/5509 (A/18/9), 1963, chap. III, para. 21

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Suggested that the constitutional difficulties were not as great as had been expected. Proposed a simple solution that the General Assembly directing the Secretary-General to send copies of any treaties concluded under the auspices of the League of Nations to any Member of the United Nations, or any other State agreed upon by the designated organ.
    • Report of the Special Rapporteur on the Law of Treaties, Sir Humphrey Waldock (15 session of the ILC (1963))
  • A/CN.4/162 (mimeograph)
  • ILC Report, A/5509 (A/18/9), 1963, chap. III, paras. 18–49

Reports of the Drafting Committee

None

Comments by Governments

None

Other

None

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its fifteenth session, 6 May to 12 July 1963
    • Suggested that the extension of participation in treaties concluded under the auspices of the League of Nations was desirable. Suggested that could be done by the General Assembly designating an organ of the United Nations to assume and fulfil the powers which, under the participation clauses of the treaties in question, were formerly exercisable by the Council of the League.
    • Discussion in Plenary: 712th and 713th meetings (2 and 3 July 1963)

General Assembly Action

None

Final Outcome

International Law Commission (15th session, 1963)

  • Suggested that the extension of participation in treaties concluded under the auspices of the League of Nations was desirable. Suggested that could be done by the General Assembly designating an organ of the United Nations to assume and fulfil the powers which, under the participation clauses of the treaties in question, were formerly exercisable by the Council of the League.

General Assembly

  • Resolution 1903 (XVIII) of 18 November 1963
    • Decided that it (the General Assembly) was the appropriate organ of the United Nations to exercise the functions of the League Council with regard to twenty-one general multilateral treatiesof a technical and non-political character concluded under the auspices of the League of Nations. It also placed on record the assent to that decision by those Members of the United Nations which are parties to the treaties concerned. By the same resolution the Assembly requested the Secretary-General: (a) to bring the terms of the resolution to the notice of any party not a Member of the United Nations; (b) to transmit the resolution to Member States which are parties to those treaties; c) to consult, where necessary, with these States and the United Nations organs and specialized agencies concerned as to whether any of the treaties in question have ceased to be in force, have been superseded, have otherwise ceased to be of interest for accession by additional States, or require action to adapt them to contemporary conditions; and (d) to report to the Assembly at its nineteenth session in 1964.
  • Resolution 2021 (XX) of 5 November 1965
    • On the basis of the Secretary-General's report, the Assembly recognized that nine treaties "listed in the annex to the present resolution may be of interest for accession by additional States" and drew the "attention of the parties to the desirability of adapting some of these treaties to contemporary conditions, particularly in the event that new parties should so request".