International Law Commission

MONDAY, 2 May 2005
Fifty-seventh session
United Nations Office at Geneva
2831st meeting (A/CN.4/SR.2831)

• Election of officers
  • The Commission elected Mr. Djamchid Momtaz (Iran) as its Chair, Mr. Guillaume Pambou-Tchivounda (Gabon) as the First Vice-Chair, Mr. Mr. Roman A. Kolodkin (Russian Federation) as Second Vice-Chair, Mr. William Mansfield (New Zealand) as Chair of the Drafting Committee, and Mr. Bernd Niehaus (Costa Rica) as Rapporteur.
• Adoption of the agenda
  • The Commission adopted its provisional agenda (A/CN.4/548)
• Shared natural resources
  • The Special Rapporteur, Mr. Chusei Yamada, introduced his third report on the topic (A/CN.4/551 + Corr.1 + Add.1). The Commission commenced its consideration of the report.

TUESDAY, 3 May 2005
Fifty-seventh session
United Nations Office at Geneva
2832nd meeting (A/CN.4/SR.2832)

• Shared natural resources
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/551 + Corr.1 + Add.1).
• Programme, Procedures and Working Method of the Commission and its Documentation
  • The Chair of the Planning Group announced the composition of the Planning Group which is as follows: Mr. Guillaume PAMBOU-TCHIVOUNDA (Chair); Mr. Emmanuel Akwei ADDO, Mr. Choung Il CHEE, Mr. Pedro COMISSARIO AFONSO, Mr. Riad DAOUDI, Mr. Constantin P. ECONOMIDES, Ms. Paula ESCARAMEIA, Mr. Salifou FOMBA, Mr. Zdzislaw GALICKI, Mr. Peter KABATSI, Mr. James Lutabanzibwa KATEKA, Mr. Fathi KEMICHA, Mr. Roman Anatolyevitch KOLODKIN, Mr. Michael MATHESON, Mr. Didier OPERTTI BADAN, Mr. Alain PELLET, Mr. Bernardo SEPULVEDA, Ms. Hanqin XUE and Mr. Bernd NIEHAUS (ex officio).
  • The Chair of the Working Group on Long-term programme of work announced the reconvening of the Working Group on Long-term programme of work consisting of the following members: Mr. Alain PELLET (Chair); Mr. João Clemente BAENA SOARES, Mr. Zdzislaw GALICKI, Mr. Maurice KAMTO, Mr. Martti KOSKENNIEMI, Ms. Hanqin XUE and Mr. Bernd NIEHAUS (ex officio).
  • The Chair announced the reconvening of the Study Group on Fragmentation of International Law: Difficulties arising from the diversification and expansion of international law under the Chairship of Mr. Martti Koskenniemi.

WEDNESDAY, 4 May 2005
Fifty-seventh session
United Nations Office at Geneva
2833rd meeting (A/CN.4/SR.2833)

• Shared natural resources
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/551 + Corr.1 + Add.1).

FRIDAY, 6 May 2005
Fifty-seventh session
United Nations Office at Geneva
2834th meeting (A/CN.4/SR.2834)

• Shared natural resources
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/551 + Corr.1 + Add.1).
• Programme, Procedures and Working Methods of the Commission and its Documentation
  • The Chair of the Drafting Committee announced the composition of the Drafting Committee on “Reservations to treaties” which is as follows: Chair: Mr. William MANSFIELD; Special Rapporteur: Mr. Alain PELLET; Mr. Pedro COMISSARIO AFONSO, Mr. Riad DAOUDI, Ms. Paula ESCARAMEIA, Mr. Salifou FOMBA, Mr. Giorgio GAJA, Mr. Zdzislaw GALICKI, Mr. Fathi KEMICHA, Mr. Roman Anatolyevitch KOLODKIN, Mr. Michael J. MATHESON, Ms. Hanqin XUE and Mr. Bernd NIEHAUS (ex officio).
• Effects of Armed Conflicts on Treaties
  • The Special Rapporteur, Mr. Ian Brownlie, introduced part of his first report on the topic (A/CN.4/552).

MONDAY, 9 May 2005
Fifty-seventh session
United Nations Office at Geneva
2835th meeting (A/CN.4/SR.2835)

• Effects of Armed Conflicts on Treaties
  • The Special Rapporteur, Mr. Ian Brownlie, introduced a further part of his first report on the topic (A/CN.4/552). The Commission began its consideration of the Special Rapporteur’s first report.
• Shared natural resources
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/551 + Corr.1 + Add.1).

WEDNESDAY, 11 May 2005
Fifty-seventh session
United Nations Office at Geneva
2836th meeting (A/CN.4/SR.2836)

• Shared natural resources
  • The Commission made concluding remarks on the debate concerning his third report (A/CN.4/551 + Corr.1 + Add.1). The Commission decided to establish a Working Group.
• Effects of Armed Conflicts on Treaties
  • The Commission continued its consideration of the Special Rapporteur’s first report on the topic (A/CN.4/552).

THURSDAY, 12 May 2005
Fifty-seventh session
United Nations Office at Geneva
2837th meeting (A/CN.4/SR.2837)

• Effects of Armed Conflicts on Treaties
  • The Commission continued its consideration of the Special Rapporteur’s first report on the topic (A/CN.4/552).

FRIDAY, 13 May 2005
Fifty-seventh session
United Nations Office at Geneva
2838th meeting (A/CN.4/SR.2838)

• Effects of Armed Conflicts on Treaties
  • The Commission continued its consideration of the Special Rapporteur’s first report on the topic (A/CN.4/552).

TUESDAY, 17 May 2005
Fifty-seventh session
United Nations Office at Geneva
2839th meeting (A/CN.4/SR.2839)

• Effects of Armed Conflicts on Treaties
  • The Commission continued its consideration of the Special Rapporteur’s first report on the topic (A/CN.4/552).
• Responsibility of international organizations
  • The Special Rapporteur, Mr. Gaja, introduced his third report on the topic (A/CN.4/553).

WEDNESDAY, 18 May 2005
Fifty-seventh session
United Nations Office at Geneva
2840th meeting (A/CN.4/SR.2840)

• Effects of Armed Conflicts on Treaties
  • The Special Rapporteur made concluding remarks on the debate concerning his first report (A/CN.4/552).
• Programme, Procedures and Working Methods of the Commission and its Documentation
  • The Chair of the Commission announced the composition of the Working Group on “Shared natural resources” as follows: Chair: Mr. Enrique CANDIOTI; Special Rapporteur: Mr. Chusei YAMADA; Members: Mr. João Clemente BAENA SOARES, Mr. Pedro COMISSARIO AFONSO, Mr. Riad DAOUDI, Ms. Paula ESCARAMEIA, Mr. Salifou FOMBA, Mr. Giorgio GAJA, Mr. Zdzislaw GALICKI, Mr. Peter KABATSI, Mr. William MANSFIELD, Mr. Michael MATHESON, Mr. Didier OPERTTI BADAN, Mr. Pemmaraju Sreenivasa RAO, Mr. Bernardo SEPULVEDA, Ms. Hanqin XUE and Mr. Bernd NIEHAUS (ex officio).
• Responsibility of international organizations
  • The Commission began its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/553).

THURSDAY, 19 May 2005
Fifty-seventh session
United Nations Office at Geneva
2841st meeting (A/CN.4/SR.2841)

• Responsibility of international organizations
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/553).

FRIDAY, 20 May 2005
Fifty-seventh session
United Nations Office at Geneva
2842nd meeting (A/CN.4/SR.2842)

• Responsibility of international organizations
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/553).
• Reservations to treaties
  • The Chair of the Drafting Committee presented the report of the Drafting Committee on Reservations to treaties (A/CN.4/L.665). The Commission considered the report and adopted on first reading the following draft guidelines: 2.6.1 (Definition of objections to reservations/Définition des objections aux réserves) and 2.6.2 (Definition of objections to the late formulation or widening of the scope of a reservation/Définition des objections à la formulation ou à l’aggravation tardives d’une réserve).

TUESDAY, 24 May 2005
Fifty-seventh session
United Nations Office at Geneva
2843rd meeting (A/CN.4/SR.2843)

• Responsibility of international organizations
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/553). The Special Rapporteur made concluding remarks on the debate concerning his third report. The Commission decided to refer draft articles 9 to 15 to the Drafting Committee and established an open-ended Working Group chaired by Mr. Giorgio Gaja regarding draft articles 8 and 16.

WEDNESDAY, 25 May 2005
Fifty-seventh session
United Nations Office at Geneva
2844th meeting (A/CN.4/SR.2844)

• Responsibility of international organizations
  • The Commission continued its consideration of the Special Rapporteur’s third report on the topic (A/CN.4/553). The Chair of the Working Group, Mr. Gaja, presented the recommendation of the open-ended Working Group. The Commission decided to refer draft articles 8 and 16 to the Drafting Committee.
• Diplomatic protection
  • The Special Rapporteur, Mr. John Dugard, introduced his sixth report on the topic (A/CN.4/546). The Commission began its consideration of the Special Rapporteur’s sixth report.
• Visit of the Legal Counsel
  • The Legal Counsel made a statement informing the Commission of the activities of the Office of Legal Affairs and recent developments of international law in the context of the United Nations.
• Programme, procedures and working methods of the commission and its documentation
  • The Chair of the Drafting Committee announced the composition of the Drafting Committee on “Responsibility of international organizations” as follows: Chair: Mr. William MANSFIELD; Special Rapporteur: Mr. Giorgio GAJA; Members: Mr. Chong Il CHEE, Mr. Pedro COMISSARIO AFONSO, Mr. Constantin P. ECONOMIDES, Ms. Paula ESCARAMEIA, Mr. Roman Anatolyevitch KOLODKIN, Mr. Michael J. MATHESON, Mr. Sreenivasa Pemmaraju RAO, Ms. Hanqin XUE, Mr. Chusei YAMADA and Mr. Bernd NIEHAUS (ex officio).

FRIDAY, 27 May 2005
Fifty-seventh session
United Nations Office at Geneva
2845th meeting (A/CN.4/SR.2845)

• Diplomatic protection
  • The Commission continued its consideration of the Special Rapporteur’s sixth report (A/CN.4/546).

TUESDAY, 31 May 2005
Fifty-seventh session
United Nations Office at Geneva
2846th meeting (A/CN.4/SR.2846)

• Diplomatic protection
  • The Commission continued its consideration of the Special Rapporteur’s sixth report (A/CN.4/546). The Special Rapporteur made concluding remarks on the debate concerning his sixth report.

WEDNESDAY, 1 June 2005
Fifty-seventh session
United Nations Office at Geneva
2847th meeting (A/CN.4/SR.2847)

• Cooperation with other bodies
  • The Commission heard a statement by the Representative of the Inter-American Juridical Committee, Mrs. Ana Elizabeth Villalta Vizcarra. An exchange of views followed.

FRIDAY, 3 June 2005
Fifty-seventh session
United Nations Office at Geneva
2848th meeting (A/CN.4/SR.2848)

• Responsibility of international organizations
  • The Chair of the Drafting Committee presented the report of the Drafting Committee on Responsibility of international organizations (A/CN.4/L.666/Rev.1). The Commission considered the report and adopted on first reading the following draft articles: 8 (Existence of a breach of an international obligation/Existence de la violation d’une obligation internationale), 9 (International obligation in force for an international organization/Obligation internationale en vigueur à l’égard d’une organisation internationale), 10 (Extension in time of the breach of an international obligation/Extension dans le temps de la violation d’une obligation internationale), 11 (Breach consisting of a composite act/Violation constituée par un fait composite), 12 (Aid or assistance in the commission of an internationally wrongful act/Aide ou assistance dans la commission du fait internationalement illicite), 13 (Direction and control exercised over the commission of an internationally wrongful act/Directives et contrôle dans la commission du fait internationalement illicite), 14 (Coercion of a State or another international organization/Contrainte sur un État ou une autre organisation internationale), 15[16] (Decisions, recommendations and authorizations addressed to member States and international organizations/Décisions, recommendations et autorisations adressées aux États members et organisations internationals members) and 16[15] (Effect of this chapter/Effet du présent chapitre).

MONDAY, 11 July 2005
Fifty-seventh session
United Nations Office at Geneva
2849th meeting (A/CN.4/SR.2849)

• Other business
  • The Commission observed a minute of silence in memory of Mr. Qizhi, He (China).
• Expulsion of aliens
  • The Special Rapporteur, Mr. Maurice Kamto, introduced his preliminary report on the topic (A/CN.4/554). The Commission began its consideration of the Special Rapporteur's preliminary report.

WEDNESDAY, 13 July 2005
Fifty-seventh session
United Nations Office at Geneva
2850th meeting (A/CN.4/SR.2850)

• Expulsion of aliens
  • The Commission continued its consideration of the Special Rapporteur's preliminary report on the topic (A/CN.4/554).

THURSDAY, 14 July 2005
Fifty-seventh session
United Nations Office at Geneva
2851st meeting (A/CN.4/SR.2851)

• Cooperation with other bodies
  • The President of the International Court of Justice, Mr. Jiuyong Shi, addressed the Commission. This was followed by an exchange of views.
• Expulsion of aliens
  • The Commission continued its consideration of the Special Rapporteur's preliminary report on the topic (A/CN.4/554).

FRIDAY, 15 July 2005
Fifty-seventh session
United Nations Office at Geneva
2852nd meeting (A/CN.4/SR.2852)

• Expulsion of aliens
  • The Commission continued its consideration of the Special Rapporteur's preliminary report on the topic (A/CN.4/554). The Special Rapporteur made concluding remarks on the debate concerning his preliminary report.
• Unilaterals acts of States
  • The Special Rapporteur, Mr. Victor Rodriguez-Cedeño, introduced his eighth report on the topic (A/CN.4/557).

TUESDAY, 19 July 2005
Fifty-seventh session
United Nations Office at Geneva
2853rd meeting (A/CN.4/SR.2853)

• Unilaterals acts of States
  • The Commission began its consideration of the Special Rapporteur's eighth report on the topic (A/CN.4/557).
• Cooperation with other bodies
  • The Commission heard a statement by the Secretary-General of the Asian-African Legal Consultative Organization, Ambassador Dr. Wafik Z. Kamil. An exchange of views followed.

WEDNESDAY, 20 July 2005
Fifty-seventh session
United Nations Office at Geneva
2854th meeting (A/CN.4/SR.2854)

• Unilaterals acts of States
  • The Commission continued its consideration of the Special Rapporteur's eighth report on the topic (A/CN.4/557).
• Reservation to treaties
  • The Special Rapporteur, Mr. Alain Pellet, introduced the first part of his tenth report on the topic (A/CN.4/558 + Corr.1).

THURSDAY, 21 July 2005
Fifty-seventh session
United Nations Office at Geneva
2855th meeting (A/CN.4/SR.2855)

• Unilaterals acts of States
  • The Commission continued and finished its consideration of the Special Rapporteur's eighth report on the topic (A/CN.4/557) The Special Rapporteur made concluding remarks on the debate concerning his eighth report.

FRIDAY, 22 July 2005
Fifty-seventh session
United Nations Office at Geneva
2856th meeting (A/CN.4/SR.2856)

• Reservation to treaties
  • The Commission continued its consideration of the Special Rapporteur's tenth report on the topic (A/CN.4/558 + Corr.1). The Special Rapporteur introduced a further part of his tenth report (A/CN.4/558/Add.1 + Add.1/Corr.1).

TUESDAY, 26 July 2005
Fifty-seventh session
United Nations Office at Geneva
2857th meeting (A/CN.4/SR.2857)

• Reservation to treaties
  • The Commission continued its consideration of the Special Rapporteur's tenth report on the topic (A/CN.4/558 + Corr.1 + Add.1 + Add.1/Corr.1).

WEDNESDAY, 27 July 2005
Fifty-seventh session
United Nations Office at Geneva
2858th meeting (A/CN.4/SR.2858)

• Reservation to treaties
  • The Commission continued its consideration of the Special Rapporteur's tenth report on the topic (A/CN.4/558 + Corr.1 + Add.1 + Add.1/Corr.1).

THURSDAY, 28 July 2005
Fifty-seventh session
United Nations Office at Geneva
2859th meeting (A/CN.4/SR.2859)

• Reservation to treaties
  • The Commission continued and finished its consideration of the Special Rapporteur's tenth report on the topic (A/CN.4/558 + Corr.1 + Add.1 + Add.1/Corr.1). The Special Rapporteur made concluding remarks on the debate concerning his tenth report. The Commission decided to refer draft guidelines 3.1, 3.1.1, 3.1.2, 3.1.3, 3.1.4 to the Drafting Committee. The Commission also decided to refer again draft guidelines 1.6 and 2.1.8 to the Drafting Committee.
• Unilateral acts of States
  • The Chair of the Working Group, Mr. Alain Pellet, made an oral report on Unilateral acts of States. The Commission took note of the oral report.
• Report of the Planning Group
  • The Chair of the Planning Group, Mr. Guillaume Pambou-Tchivounda, introduced the report of the Planning Group (A/CN.4/L.675). The Commission took note of the report
• Fragmentation of international law: difficulties arising from the diversification and expansion of international law
  • The Commission heard a briefing by the Chair of the Study Group, Mr. Martti Koskenniemi, on the status of the work of the Study Group.

FRIDAY, 29 July 2005
Fifty-seventh session
United Nations Office at Geneva
2860th meeting (A/CN.4/SR.2860)

• Cooperation with other bodies
  • The Director General of Legal Affairs of the Council of Europe addressed the Commission. An exchange of views followed.
• Fragmentation of international law: difficulties arising from the diversification and expansion of international law
  • The Commission had an exchange of views on the basis of the briefing by the Chair of the Study Group.

TUESDAY, 2 August 2005
Fifty-seventh session
United Nations Office at Geneva
2861st meeting (A/CN.4/SR.2861)

• Shared natural resources
  • The Commission adopted Chapter IV of its report related to the topic (A/CN.4/L.667), as amended.
• Effects of armed conflicts on treaties
  • The Commission started consideration of Chapter V of its report on Effects of armed conflicts on treaties and adopted sections A and part of section B (A/CN.4/L.668), as amended.

TUESDAY, 2 August 2005
Fifty-seventh session
United Nations Office at Geneva
2862nd meeting (A/CN.4/SR.2862)

• Effects of armed conflicts on treaties
  • The Commission continued consideration of Chapter V and adopted the rest of section B, except paragraph 78 of article 10, of its report relating to the topic (A/CN.4/L.668), as amended.
• Responsibility of international organizations
  • The Commission started consideration of Chapter VI of its report on Responsibility of international organizations and adopted sections A, B and part of section C and commentary to Chapter III (Breach of an international obligation) (Violation d'une obligation internationale), part of commentary to draft article 8 (Existence of a breach of an international obligation) (Existence de la violation d'une obligation internationale), and commentaries to draft articles 9 (International obligation in force for an international organization) (Obligation internationale en vigueur à l'égard d'une organisation internationale), 10 (Extension in time of the breach of an international obligation) (Extension dans le temps de la violation d'une obligation internationale), 11 (Breach consisting of a composite act) (Violation constituée par un fait composite), Chapter IV (Responsibility of an international organization in connection with the act of a State or another international organization) (Responsabilité d'une organisation internationale à raison du fait d'un Etat ou d'une autre organisation internationale, 12 (Aid or assistance in the commission of an internationally wrongful act) (Aide ou assistance dans la commission du fait internationalement illicite), 13 (Direction and control exercised over the commission of an internationally wrongful act) (Directives et contrôle dans la commission du fait internationalement illicite), 14 (Coercion of a State or another international organization) (Contrainte sur un Etat ou une autre organisation internationale), and part of commentary of draft article 15 (Decisions, recommendations and authorizations addressed to member States and international organizations) (Décisions, recommendations et autorisations adressées aux Etats members et organisations internationals members) (A/CN.4/L.669 and Add.1), as amended.

WEDNESDAY, 3 August 2005
Fifty-seventh session
United Nations Office at Geneva
2863rd meeting (A/CN.4/SR.2863)

• Shared natural resources
  • The Chair of the Working Group, Mr. Enrique Candioti, introduced the report of the Working Group. The Commission took note of the report. (A/CN.4/L.681 + Corr.1).
• Effects of armed conflicts on treaties
  • The Commission continued consideration of Chapter V and adopted the rest of section B of its report relating to the topic (A/CN.4/L.668), as amended.
• Responsibility of international organizations
  • The Commission continued consideration of Chapter VI and adopted the rest of section C of its report relating to the topic including the commentary of draft article 16 (Effect of this Chapter) (Effet du present chapitre) (A/CN.4/L.669/Add.1), as amended.
• Diplomatic protection
  • The Commission adopted Chapter VII of its report related to the topic (A/CN.4/L.670), as amended.
• Expulsion of aliens
  • The Commission adopted Chapter VIII of its report related to the topic (A/CN.4/L.674), as amended.
• Unilateral acts of States
  • The Commission started consideration of Chapter IX of its report related to the topic and adopted section A and part of section B (A/CN.4/L.672 and Add.1–2).

WEDNESDAY, 3 August 2005
Fifty-seventh session
United Nations Office at Geneva
2864th meeting (A/CN.4/SR.2864)

• Fragmentation of international law: difficulties arising from the diversification and expansion of international law
  • The Commission continued and concluded the exchange of views on the basis of the briefing by the Chair of the Study Group.

THURSDAY, 4 August 2005
Fifty-seventh session
United Nations Office at Geneva
2865th meeting (A/CN.4/SR.2865)

• Inclusion of a new topic on the agenda of the Commission
  • The Commission decided to include the topic "Obligation to extradite or prosecute (aut dedere aut judicare)" on the agenda of the Commission and appointed Mr. Zdzislaw Galicki as the Special Rapporteur.
• Unilateral acts of States
  • The Commission continued consideration of Chapter IX and adopted the rest of section B of its report relating to the topic (A/CN.4/L.672 and Add.1–2) as amended.
• Reservations to treaties
  • The Commission started consideration of Chapter X of its report related to the topic and adopted sections A and C and commentary to draft guidelines 2.6.1 (Definition of objections to reservations) (Définition des objections aux réserves) and 2.6.2 (Definition of objections to the late formulation or widening of the scope of a reservation) (Définition des objections à la formulation ou à l'aggravation tardives d'une réserve) (A/CN.4/L.671 and Add.1–2), as amended.
• Fragmentation of international law: difficulties arising from the diversification and expansion of international law
  • The Commission adopted Chapter XI of its report related to the topic (A/CN.4/L.677), as amended.
• Other decisions and conclusions of the Commission
  • The Commission adopted Chapter XII of its report related to the topic (A/CN.4/L.678), as amended.
• Introduction
  • The Commission adopted Chapter I of its report related to the topic (A/CN.4/L.673), as amended.
• Summary of work of the Commission at its fifty-seventh session
  • The Commission adopted Chapter II of its report related to the topic (A/CN.4/L.679), as amended.

FRIDAY, 5 August 2005
Fifty-seventh session
United Nations Office at Geneva
2866th meeting (A/CN.4/SR.2866)

• Reservations to treaties
  • The Commission continued consideration of Chapter X and adopted section B of its report relating to the topic (A/CN.4/L.671/Add.1), as amended.
• Specific issues on which comments would be of particular interest to the Commission
  • The Commission adopted Chapter III of its report relating to the topic (A/CN.4/L.680), as amended.
• Adoption of the Report
  • The Commission adopted its report of the fifty-seventh session as a whole and thus concluded its work for the session.