International Law Commission

MONDAY, 7 May 2007
Fifty-ninth session
United Nations Office at Geneva
2914th meeting (A/CN.4/SR.2914)

• Election of officers
  • The Commission elected Mr. Ian Brownlie (United Kingdom) as its Chair, Mr. Edmundo Vargas Carreño (Chile) as the First Vice-Chair, Mr. Pedro Comissario Afonso (Mozambique) as Second Vice-Chair, Mr. Chusei Yamada (Japan) as Chair of the Drafting Committee, and Mr. Ernest Petric (Slovenia) as Rapporteur.
• Adoption of the agenda
  • The Commission adopted its provisional agenda (A/CN.4/576)
• Reservations to treaties
  • The Special Rapporteur, Mr. Alain Pellet, commenced the introduction of his eleventh report on the topic (A/CN.4/574).

TUESDAY, 8 May 2007
Fifty-ninth session
United Nations Office at Geneva
2915th meeting (A/CN.4/SR.2915)

• Reservations to treaties
  • The Special Rapporteur, Mr. Alain Pellet, continued the introduction of his eleventh report on the topic (A/CN.4/574). The Commission began its consideration of the Special Rapporteur's eleventh report.

WEDNESDAY, 9 May 2007
Fifty-ninth session
United Nations Office at Geneva
2916th meeting (A/CN.4/SR.2916)

• Reservations to treaties
  • The Commission continued its consideration of the Special Rapporteur's eleventh report (A/CN.4/574). The Special Rapporteur, Mr. Alain Pellet, introduced a further part of his eleventh report on the topic.

THURSDAY, 10 May 2007
Fifty-ninth session
United Nations Office at Geneva
2917th meeting (A/CN.4/SR.2917)

• Reservations to treaties
  • The Commission continued its consideration of the Special Rapporteur's eleventh report on the topic (A/CN.4/574) and referred draft guidelines 2.6.3 to 2.6.6 to the Drafting Committee.

FRIDAY, 11 May 2007
Fifty-ninth session
United Nations Office at Geneva
2918th meeting (A/CN.4/SR.2918)

• Reservations to treaties
  • The Commission continued its consideration of the Special Rapporteur's eleventh report on the topic (A/CN.4/574).The Special Rapporteur introduced a further part of his eleventh report.

TUESDAY, 15 May 2007
Fifty-ninth session
United Nations Office at Geneva
2919th meeting (A/CN.4/SR.2919)

• Reservations to treaties
  • The Commission continued its consideration of the Special Rapporteur's eleventh report on the topic (A/CN.4/574) and referred draft guidelines 2.6.7–2.6.15 to the Drafting Committee.

WEDNESDAY, 16 May 2007
Fifty-ninth session
United Nations Office at Geneva
2920th meeting (A/CN.4/SR.2920)

• Reservations to treaties
  • The Commission concluded its consideration of the Special Rapporteur's eleventh report on the topic (A/CN.4/574) and referred draft guidelines 2.7.1–2.7.9 to the Drafting Committee.

FRIDAY, 18 May 2007
Fifty-ninth session
United Nations Office at Geneva
2921st meeting (A/CN.4/SR.2921)

• Shared Natural Resources
  • The Special Rapport introduced his fourth report on the topic (A/CN.4/580)
• Programme, Procedures and Working Method of the Commission and its Documentation
  • The Commission decided to establish a Working Group on the topic "Shared natural resources" under the Chairship of Mr. Enrique Candioti.

TUESDAY, 22 May 2007
Fifty-ninth session
United Nations Office at Geneva
2922nd meeting (A/CN.4/SR.2922)

• Programme, Procedures and Working Method of the Commission and its Documentation
  • The Chair made a statement.

WEDNESDAY, 23 May 2007
Fifty-ninth session
United Nations Office at Geneva
2923rd meeting (A/CN.4/SR.2923)

• Expulsion of Aliens
  • The Special Rapporteur, Mr. Maurice Kamto, introduced his second report on the topic (A/CN.4/573 and Corr.1). The Commission began its consideration of the Special Rapporteur's second report.

THURSDAY, 24 May 2007
Fifty-ninth session
United Nations Office at Geneva
2924th meeting (A/CN.4/SR.2924)

• 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. An exchange of views followed.
• Expulsion of Aliens
  • The Commission continued its consideration of the Special Rapporteur's second report on the topic (A/CN.4/573 and Corr.1).

FRIDAY, 25 May 2007
Fifty-ninth session
United Nations Office at Geneva
2925th meeting (A/CN.4/SR.2925)

• Expulsion of Aliens
  • The Commission continued its consideration of the Special Rapporteur's second report on the topic (A/CN.4/573 and Corr.1).

TUESDAY, 29 May 2007
Fifty-ninth session
United Nations Office at Geneva
2926th meeting (A/CN.4/SR.2926)

• Expulsion of Aliens
  • The Commission concluded its consideration of the Special Rapporteur's second report on the topic (A/CN.4/573 and Corr.1) and decided to refer draft articles 1 and 2, as revised by the Special Rapporteur, to the Drafting Committee.
• Effects of Armed Conflicts on Treaties
  • The Special Rapporteur, Mr. Ian Brownlie, commenced the introduction of his third report on the topic (A/CN.4/578 and Corr.1). The Commission began its consideration of the Special Rapporteur's third report.

WEDNESDAY, 30 May 2007
Fifty-ninth session
United Nations Office at Geneva
2927th meeting (A/CN.4/SR.2927)

• Effects of Armed Conflicts on Treaties
  • The Commission continued its consideration of the Special Rapporteur's third report on the topic (A/CN.4/578 and Corr.1).

THURSDAY, 31 May 2007
Fifty-ninth session
United Nations Office at Geneva
2928th meeting (A/CN.4/SR.2928)

• Effects of Armed Conflicts on Treaties
  • The Commission decided to establish a Working Group on the topic under the Chairship of Mr. Lucius Caflisch. The Commission further continued with its consideration of the Special Rapporteur's third report on the topic (A/CN.4/578 and Corr.1). The Special Rapporteur, Mr. Ian Brownlie, introduced the remaining part of his third report.

FRIDAY, 1 June 2007
Fifty-ninth session
United Nations Office at Geneva
2929th meeting (A/CN.4/SR.2929)

• Programme, Procedures and Working Method of the Commission and its Documentation
  • The Commission decided to appoint Mr. Valencia Ospina as Special Rapporteur for the topic "Protection of persons in the event of disasters". The Commission also decided to establish a Working Group on the topic "Most-favoured-nation clause" under the Chairship of Mr. Donald M. McRae.
• Effects of Armed Conflicts on Treaties
  • The Commission concluded its consideration of the Special Rapporteur's third report on the topic (A/CN.4/578 and Corr.1).

MONDAY, 4 June 2007
Fifty-ninth session
United Nations Office at Geneva
2930th meeting (A/CN.4/SR.2930)

• Reservations to Treaties
  • The Chair of the Drafting Committee introduced the report of the Drafting Committee on Reservation to treaties (A/CN.4/L.705). The Commission considered the report and adopted the following draft guidelines: 3.1.5 (Incompatibility of a reservation with the object and purpose of the treaty/Incompatibilité d'une réserve avec l'objet et le but du traité), 3.1.6 (Determination of the object and purpose of the treaty/Détermination de l'objet et du but du traité), 3.1.7 (Vague or general reservations/Réserves vagues ou générales), 3.1.8 (Reservations to a provision reflecting a customary norm/Réserves portant sur une disposition reflétant une règle coutumière), 3.1.9 (Reservations contrary to a rule of jus cogens/Réserves contraires à une règle de jus cogens), 3.1.10 (Reservations to provisions relating to non-derogable rights/Réserves à des dispositions portant sur des droits indérogeables), 3.1.11 (Reservations relating to internal law/Réserves relatives au droit interne), 3.1.12 (Reservations to general human rights treaties/Réserves aux traités généraux de droits de l'homme) and 3.1.13 (Reservations to treaty provisions concerning dispute settlement or the monitoring of the implementation of the treaty/Réserves aux clauses conventionnelles de règlement des différends ou de contrôle de la mise en oeuvre du traité).
  • Statement of the Chair of the Drafting Committee.
• Shared Natural Resources
  • The Commission began its consideration of the Special Rapporteur's fourth report on the topic (A/CN.4/580).

TUESDAY, 5 June 2007
Fifty-ninth session
United Nations Office at Geneva
2931st meeting (A/CN.4/SR.2931)

• Shared Natural Resources
  • The Commission concluded its consideration of the Special Rapporteur's fourth report on the topic (A/CN.4/580).

MONDAY, 9 July 2007
Fifty-ninth session
United Nations Office at Geneva
2932nd meeting (A/CN.4/SR.2932)

• Responsibility of International Organizations
  • The Special Rapporteur, Mr. Giorgio Gaja, introduced his fifth report on the topic (A/CN.4/583). The Commission began its consideration of the Special Rapporteur's fifth report.

TUESDAY, 10 July 2007
Fifty-ninth session
United Nations Office at Geneva
2933rd meeting (A/CN.4/SR.2933)

• Cooperation with other Bodies
  • The President of the International Court of Justice, Ms. Rosalyn Higgins, addressed the Commission, followed by an exchange of views.
• Responsibility of International Organizations
  • The Commission continued its consideration of the Special Rapporteur's fifth report on the topic (A/CN.4/583).

WEDNESDAY, 11 July 2007
Fifty-ninth session
United Nations Office at Geneva
2934th meeting (A/CN.4/SR.2934)

• Responsibility of International Organizations
  • The Commission continued its consideration of the Special Rapporteur's fifth report on the topic (A/CN.4/583).

THURSDAY, 12 July 2007
Fifty-ninth session
United Nations Office at Geneva
2935th meeting (A/CN.4/SR.2935)

• Responsibility of International Organizations
  • The Commission continued its consideration of the Special Rapporteur's fifth report on the topic (A/CN.4/583). The Special Rapporteur summed-up the debate. The Commission referred draft articles 31 to 44 to the Drafting Committee.

FRIDAY, 13 July 2007
Fifty-ninth session
United Nations Office at Geneva
2936th meeting (A/CN.4/SR.2936)

• Reservations to Treaties
  • The Special Rapporteur, Mr. Alain Pellet, introduced his twelfth report on the topic (A/CN.4/584 + Corr.1).

TUESDAY, 17 July 2007
Fifty-ninth session
United Nations Office at Geneva
2937th meeting (A/CN.4/SR.2937)

• Reservations to Treaties
  • The Commission began its consideration of the Special Rapporteur's twelfth report on the topic (A/CN.4/584 + Corr.1).

WEDNESDAY, 18 July 2007
Fifty-ninth session
United Nations Office at Geneva
2938th meeting (A/CN.4/SR.2938)

• Reservations to Treaties
  • The Commission continued its consideration of the Special Rapporteur's twelfth report on the topic (A/CN.4/584 + Corr.1).
• Responsibility of International Organizations
  • The Commission continued its consideration of the topic and referred a supplementary draft article, proposed during the debate, to the Drafting Committee. The Commission concluded its consideration of the Special Rapporteur's fifth report on the topic.

THURSDAY, 19 July 2007
Fifty-ninth session
United Nations Office at Geneva
2939th meeting (A/CN.4/SR.2939)

• Reservations to Treaties
  • The Commission continued its consideration of the Special Rapporteur's twelfth report on the topic (A/CN.4/584 + Corr.1)

FRIDAY, 20 July 2007
Fifty-ninth session
United Nations Office at Geneva
2940th meeting (A/CN.4/SR.2940)

• Reservations to Treaties
  • The Special Rapporteur summed-up the debate. The Commission referred draft guidelines 2.8 to 2.8.12. to the Drafting Committee. The Commission concluded its consideration of the Special Rapporteur's twelfth report on the topic (A/CN.4/584 + Corr.1).
• Programme, Procedures and working method of the Commission and its documentation
  • The Commission decided to include the topic "Immunity of State officials from foreign criminal jurisdiction" in this current programme of work and decided to appoint Mr. Roman Kolodkin as Special Rapporteur for the topic.

TUESDAY, 24 July 2007
Fifty-ninth session
United Nations Office at Geneva
2941th meeting (A/CN.4/SR.2941)

• Expulsion of Aliens
  • The Special Rapporteur, Mr. Maurice Kamto, introduced his third report on the topic (A/CN.4/581). The Commission began its consideration of the Special Rapporteur's third report.

WEDNESDAY, 25 July 2007
Fifty-ninth session
United Nations Office at Geneva
2942th meeting (A/CN.4/SR.2942)

• Expulsion of Aliens
  • The Commission continued its consideration of the Special Rapporteur's third report on the topic (A/CN.4/581).

THURSDAY, 26 July 2007
Fifty-ninth session
United Nations Office at Geneva
2943th meeting (A/CN.4/SR.2943)

• Expulsion of Aliens
  • The Commission continued its consideration of the Special Rapporteur's third report on the topic (A/CN.4/581).
• Cooperation with other Bodies
  • The respresentative of the Inter-American Juridical Committee, Mr. Mauricio Herdocia Sacasa, addressed the Commission. An exchange of views followed.

FRIDAY, 27 July 2007
Fifty-ninth session
United Nations Office at Geneva
2944th meeting (A/CN.4/SR.2944)

• Expulsion of Aliens
  • The Commission continued its consideration of the Special Rapporteur's third report on the topic (A/CN.4/581). The Special Rapporteur summed-up the debate. The Commission referred draft articles 3 to 7 to the Drafting Committee and concluded its consideration of the Special Rapporteur's third report.
• Report of the Working Group on the Most favoured-nation clause
  • The Chair of the Working Group on the Most-favoured-nation clause, Mr. Donald M. McRae, introduced the report of the Working Group (A/CN.4/L.719). The Commission decided to refer the report of the Working Group to the Planning Group.
• Cooperation with other Bodies
  • The Secretary-General of the Asian-African Legal Consultative Organization, Ambassador Wafik Z. Kamil, addressed the Commission. An exchange of views followed.

TUESDAY, 31 July 2007
Fifty-ninth session
United Nations Office at Geneva
2945th meeting (A/CN.4/SR.2945)

• The Obligation to Extradite or Prosecute (aut dedere aut judicare)
  • The Special Rapporteur, Mr. Zdzislaw Galicki, introduced his second report on the topic (A/CN.4/585 and Corr.1). The Commission began its consideration of the Special Rapporteur's second report.
• Responsibility of International Organizations
  • The Chair of the Drafting Committee introduced the report of the Drafting Committee on Responsibility of international organizations (A/CN.4/L.720). The Commission considered the report and adopted the following draft articles: 31 (Legal consequences of an internationally wrongful act/Conséquences juridiques d'un fait internationalement illicite), 32 (Continued duty of performance/Maintien du devoir d'exécuter l'obligation), 33 (Cessation and non-repetition/Cessation et non-répétition), 34 (Reparation/Réparation), 35 (Irrelevance of the rules of the organization/Non-pertinence des règles de l'organisation), 36 (Scope of international obligations set out in this Part/Portée des obligations internationals énoncées dans la présente partie), 37 (Forms of reparation/Formes de la réparation), 38 (Restitution/Restitution), 39 (Compensation/Indemnisation), 40 (Satisfaction/Satisfaction), 41 (Interest/Intérêts), 42 (Contribution to the injury/Contribution au préjudice), 43 (Ensuring the effective performance of the obligation of reparation/Mesures visant à assurer l'exécution effective de l'obligation de réparation), 44 [43] (Application of this chapter/Application du présent chapitre) and 45 [44] (Particular consequences of a serious breach of an obligation under this chapter/Conséquences particulières d'une violation grave d'une obligation en vertu du présent chapitre).
  • Statement of the Chair of the Drafting Committee.

THURSDAY, 2 August 2007
Fifty-ninth session
United Nations Office at Geneva
2946th meeting (A/CN.4/SR.2946)

• The Obligation to Extradite or Prosecute (aut dedere aut judicare)
  • The Commission continued its consideration of the Special Rapporteur's second report on the topic (A/CN.4/585 and Corr.1).
• Effects of Armed Conflicts on Treaties
  • The Chair of the Working Group introduced his report (A/CN.4/L.718). The Commission adopted the report of the Working Group and referred draft articles 1–5, 5 bis, 7, 10 and 11 to the Drafting Committee.

FRIDAY, 3 August 2007
Fifty-ninth session
United Nations Office at Geneva
2947th meeting (A/CN.4/SR.2947)

• The Obligation to Extradite or Prosecute (aut dedere aut judicare)
  • The Commission continued its consideration of the Special Rapporteur's second report on the topic (A/CN.4/585 and Corr.1). The Special summed-up the debate. The Commission concluded its consideration of the Special Rapporteur's second report.
• Expulsion of Aliens
  • The Chair of the Drafting Committee made a progress report on the work of the Drafting Committee on Expulsion of aliens. The Commission took note of the progress report.
• Shared Natural Resources
  • The Chair of the Working Group on Shared natural resources introduced the report of the Working Group (A/CN.4/L.717). The Commission took note of the report.

MONDAY, 6 August 2007
Fifty-ninth session
United Nations Office at Geneva
2948th meeting (A/CN.4/SR.2948)

• Shared Natural Resources
  • The Commission began consideration of Chapter V of its report on Shared natural resources and adopted sections A and B (A/CN.4/L.709), as amended.
• Introduction
  • The Commission adopted Chapter I of its report related to the topic (A/CN.4/L.710). as amended.

MONDAY, 6 August 2007
Fifty-ninth session
United Nations Office at Geneva
2949th meeting (A/CN.4/SR.2949)

• Effects of Armed Conflicts on Treaties
  • The Commission began consideration of Chapter VII of its report on Effects of armed conflicts on treaties and adopted sections A and B (A/CN.4/L.708 and Corr.1), as amended.
• Responsibility of International Organizations
  • The Commission began consideration of Chapter VIII of its report on Responsibility of international organizations and adopted sections A, B and part of section C including the commentary to draft articles 31 (Legal consequences of an internationally wrongful act) (Conséquences juridiques d'un fait internationalement illicite), 33 (Cessation and non-repetition) (Cessation et non-répétition), 34 (Reparation) (Réparation) and 35 (Irrelevance of the rules of the organization) (Non-pertinence des règles de l'organisation) (A/CN.4/L.713 and Add.1), as amended.

TUESDAY, 7 August 2007
Fifty-ninth session
United Nations Office at Geneva
2950th meeting (A/CN.4/SR.2950)

• Responsibility of International Organizations
  • The Commission continued consideration of Chapter VIII of its report on Responsibility of international organizations and adopted a further part of section C including the commentary of draft articles 32 (Continued duty of performance) (Maintien du devoir d'exécuter l'obligation) and 36 (Scope of international obligations set out in this Part) (Portée des obligations internationales énoncées dans la présente partie) (A/CN.4/L.713/Add.1), as amended.
• Reservations to Treaties
  • The Commission began consideration of Chapter IV of its report on Reservations to treaties and adopted section A, part of section B and part of Section C including the commentary to draft guidelines 3.1.5 (Incompatibility of a reservation with the object and purpose of the treaty) (Incompatabilité d'une réserve avec l'objet et le but du traité), 3.1.6 (Determination of the object and purpose of the treaty) (Détermination de l'object et du but du traité), 3.1.7 (Vague or general reservations) (Réserves vagues ou générales), 3.1.8 (Reservations to a provision reflecting a customary norm) (Réserves portant sur une disposition reflétant une règle coutumière) and 3.1.9 (Reservations contrary to a rule of jus cogens) (Réserves contraires à une règle de jus cogens) (A/CN.4/L.706 and Add.1 and Add.3), as amended.

TUESDAY, 7 August 2007
Fifty-ninth session
United Nations Office at Geneva
2951st meeting (A/CN.4/SR.2951)

• Reservations to Treaties
  • The Commission continued consideration of Chapter IV of its report on Reservations to treaties and adopted the remaining part of Section C including the commentary to draft guidelines 3.1.10 (Reservations to provisions relating to non-derogable rights) (Réserves à des dispositions portant sur des droits indérogeables), 3.1.11 (Reservations relating to internal law) (Réserves relatives au droit interne), 3.1.12 (Reservations to general human rights treaties) (Réserves aux traités généraux des droits de l'homme) and 3.1.13 (Reservations to treaty provisions concerning dispute settlement or the monitoring of the implementation of the treaty) (Réserves aux clauses conventionnelles de règlement des différends ou de contrôle de la mise en oeuvre du traité) (A/CN.4/L.706/Add.3), as amended.
• Report of the Planning Group
  • The Chair of the Planning Group introduced the report of the Planning Group (A/CN.4/L.716). The Commission adopted the report.
• Shared Natural Resources
  • The Commission continued consideration of Chapter V of its report on Shared natural resources and adopted section C (A/CN.4/L.709/Add.1), as amended.
• Effects of Armed Conflicts on Treaties
  • The Commission continued consideration of Chapter VII of its report on Effects of armed conflicts on treaties and adopted section C (A/CN.4/L.708/Add.1), as amended.
• Responsibility of International Organizations
  • The Commission continued consideration of Chapter VIII of its report on Responsibility of international organizations and adopted a further part of section C including the commentary to draft articles 37 (Forms of reparation) (Formes de la réparation), 38 (Restitution) (Restitution) and 39 (Compensation) (Indemnisation) (A/CN.4/L.713/Add.2), as amended.

WEDNESDAY, 8 August 2007
Fifty-ninth session
United Nations Office at Geneva
2952nd meeting (A/CN.4/SR.2952)

• Cooperation with Other Bodies
  • The Director of Legal Advice and Public International Law of the Council of Europe, Mr. Manuel Lezertua, addressed the Commission. An exchange of views followed.
• Responsibility of International Organizations
  • The Commission continued consideration of Chapter VIII of its report on Responsibility of international organizations and adopted a further part of Section C including the commentary to draft articles 40 (Satisfaction) (Satisfaction), 41 (Interest) (Intérêts), 42 (Contribution to the injury) (Contribution au préjudice) and 43 (Ensuring the effective performance of the obligation of reparation) (Mesures visant à assurer l'exécution effective de l'obligation de réparation) (A/CN.4/L.713/Add.2), as amended.

WEDNESDAY, 8 August 2007
Fifty-ninth session
United Nations Office at Geneva
2953rd meeting (A/CN.4/SR.2953)

• Responsibility of International Organizations
  • The Commission continued consideration of Chapter VIII of its report on Responsibility of international organizations and adopted the remaining parts of Section C including the commentary to draft articles 44 [43] (Application of this chapter) (Application du présent chapitre) and 45 [44] (Particular consequences of a serious breach of an obligation under this chapter) (Conséquences particulières d'une violation grave d'une obligation en vertu du présent chapitre) (A/CN.4/L.713/Add.2 and Add.3), as amended.
• Reservations to Treaties
  • The Commission continued consideration of Chapter IV of its report on Reservations to treaties and adopted a further part of Section B. (A/CN.4/L.706/Add.2), as amended.
• Summary of Work of the Commission at its fifty-ninth Session
  • The Commission adopted Chapter II of its report related to the topic (A/CN.4/L.711), as amended.

THURSDAY, 9 August 2007
Fifty-ninth session
United Nations Office at Geneva
2954th meeting (A/CN.4/SR.2954)

• Responsibility of International Organizations
  • The Commission continued consideration of Chapter VIII of its report on Responsibility of international organizations and adopted a remaining part of section B and a pending point of section C. (A/CN.4/L.713/Add.2 and Add.3), as amended.
• Reservations to Treaties
  • The Commission continued consideration of Chapter IV of its report on Reservations to treaties and adopted the remaining part of section B (A/CN.4/L.713/Add.2), as amended.
• Expulsion of Aliens
  • The Commission adopted Chapter VI of its report on Expulsion of aliens (A/CN.4/L.707/Rev.1), as amended.
• Other Decisions and Conslusions of the Commission
  • The Commission adopted Chapter X of its report related to the topic (A/CN.4/L.715 and Add.1), as amended.

FRIDAY, 10 August 2007
Fifty-ninth session
United Nations Office at Geneva
2955th meeting (A/CN.4/SR.2955)

• The Obligation to Extradite or Prosecute
  • The Commission adopted Chapter IX of its report on the obligation to extradite or prosecute (A/CN.4/L.714 and 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 related to the topic (A/CN.4/L.712), as amended.
• Adoption of the Report
  • The Commission adopted its report of the fifty-ninth session as a whole and thus concluded its work for that session.