United Nations

A/50/368/Add.1


General Assembly

Distr. GENERAL  

4 October 1995

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 140


UNITED NATIONS DECADE OF INTERNATIONAL LAW

Report of the Secretary-General

Addendum


CONTENTS

  Paragraphs   Page

II.  ANALYTICAL PRESENTATION OF REPLIES RECEIVED FROM
  STATES AND INTERNATIONAL ORGANIZATIONS ............................     2

  C.  Encouragement of the progressive development and
    codification of international law ...............  42 bis-43 bis   2

  D.   Encouragement of the teaching, study,
    dissemination and wider appreciation of
    international law ...............................      76 bis      3

    5.  Publication of the practice of States and
      international and regional organizations in
      the field of international law ..............      76 bis      3













95-29656 (E)   161095/...
*9529656*
 II.  ANALYTICAL PRESENTATION OF REPLIES RECEIVED FROM STATES
     AND INTERNATIONAL ORGANIZATIONS                       

               C.  Encouragement of the progressive development and
                   codification of international law

42 bis.  The International Maritime Organization (IMO) reported that at  its
seventy-second session,  in April  1995, the Legal  Committee concluded  its
work on  a draft  Convention for  liability and  compensation in  connection
with the carriage of hazardous and noxious substances by sea.   The draft is
expected to  be adopted at a  diplomatic conference in  the spring of  1996.
It  establishes  a  system  for  compensation  and  liability,  covering  in
principle  all kinds of  hazardous and  noxious substances  (HNS) defined by
reference to  existing lists of such  substances, such  as the International
Maritime Dangerous Goods Code and Annex  II of the International  Convention
for  the Prevention of  Pollution from Ships.  It  goes further in its scope
than the oil pollution  compensation regime in that it would cover not  only
pollution but also the  risks of fire and  explosion.  The  draft Convention
introduces  strict liability for  the shipowner,  higher limits of liability
than  the present  general limitation  regimes  and  a system  of compulsory
insurance and  insurance  certificates.    It  tries  at the  same  time  to
establish a link to  these general limitation  regimes in order to make  the
best possible  use of the limited  capacity in the  insurance market and  to
avoid unnecessary  costs for the  shipowner.  It  has generally been  agreed
that it would not  be possible to provide  sufficient cover only through the
shipowner's liability  for the  damage that  could be  caused in  connection
with the carriage of  HNS cargo.   This liability, which forms a  first tier
of the  Convention, is  therefore supplemented  by a  second  tier, the  HNS
Fund, financed  by cargo  interests.  IMO  further observed  that the  Legal
Committee  had also continued with  its consideration of a draft protocol to
amend the Convention on Limitation of  Liability for Maritime Claims,  1976,
with a view to concluding  this work in time for  the draft to  be submitted
for consideration and adoption by the HNS Conference  in 1996.  In addition,
IMO stated that  the following diplomatic  conferences had taken  place:   a
Conference of  Contracting Governments to  the International Convention  for
the  Safety of Life at Sea, which adopted new chapters IX  to XI to be added
to the  Annex to the Convention (17-24 May 1994); a Conference of Parties to
the  International Convention for  the Prevention  of Pollution  from Ships,
1973, as modified by  the Protocol of 1978  relating thereto, which  adopted
amendments to  Annexes I,  II, III  and V  of the  Convention (1-3  November
1994); a Conference of Parties to  the International Convention on Standards
of  Training, Certification  and  Watchkeeping for  Seafarers,  1978,  which
adopted amendments to the  Convention's Annex and  an associated  Seafarers'
Training, Certification and Watchkeeping Code (26  June-7 July 1995); and an
International  Conference  on  Standards  of  Training,  Certification   and
Watchkeeping for  Fishing Vessel Personnel,  which adopted an  International
Convention  on Standards  of Training,  Certification and  Watchkeeping  for
Fishing Vessel Personnel (26 June-7 July 1995).

43 bis.  The  Council of Europe indicated  that the progressive  development
of  international law  and its  codification  were a  central focus  of  the
Committee  of Legal  Advisers  on Public  International  Law  (CAHDI), which
reports directly to  the Committee  of Ministers of  the Council of  Europe.
CAHDI examines  many different  questions relating  to public  international
law,  such  as:   the work  of the  Sixth  Committee of  the United  Nations
General  Assembly;  the work  of  the  International  Law Commission;  State
succession  in Europe  relating to  treaties; jurisdictional  immunities  of
States and  their property; the law  and practice  relating to reservations,
in particular  as regards human rights  treaties; the  United Nations Decade
of  International  Law;   debts  of   embassies  and   diplomats;  and   the
international ad hoc tribunals on the former Yugoslavia and on Rwanda.


              D.  Encouragement of the teaching, study, dissemination
                  and wider appreciation of international law

                   5.  Publication of the practice of States and
                       international and regional organizations
               in the field of international law

76  bis.  The  Council of Europe recalled that, in  1990, CAHDI had set up a
Group of Specialists on publications concerning  State practice in the field
of  public  international  law  (DI-S-PR).    The  Group  was  in particular
studying  the feasibility  of a  pilot project  on  documentation concerning
State  practice relating  to State  succession  and issues  of  recognition.
CAHDI  considered   that  the  project  would  constitute  a  highly  useful
contribution  from the  Council of  Europe to  the United  Nations Decade of
International Law.   The pilot project was approved  by CAHDI in March  1994
and was  launched in May  1994.  The  next meeting of  DI-S-PR will be  held
from 5  to 7  September 1995,  when the Group  will, inter  alia, meet  with
national coordinators appointed by States members  of the Council of  Europe
for the purpose  of the project.   The aim  of the project  is to  ascertain
whether  it is  possible  to  gather data  on State  practice in  the States
members of the Council of Europe with regard to State succession and  issues
of recognition  and  subsequently to  make  them  accessible to  all  States
members of the Council  of Europe.  This  will encourage member States whose
State practice is not  documented at present to start to build a  collection
in this field.  If both objectives prove  feasible, the project could  later
be extended  to other  areas of  international law,  as referred  to in  the
Council of  Europe's  1968  Model Plan  for documentation  concerning  State
practice.  The final aim is  to present, on behalf of the Council of Europe,
a publication on the State practice of  the members of the Council of Europe
as a contribution  to the United Nations Decade  of International Law.   The
target  groups  or  users  of  documentation  on  State  practice  would  be
primarily the executive branch,  legislature and judiciary of member States,
international organizations, as well as law  firms, business circles and the
academic world.


-----


 

This document has been posted online by the United Nations Department of Economic and Social Affairs (DESA). Reproduction and dissemination of the document - in electronic and/or printed format - is encouraged, provided acknowledgement is made of the role of the United Nations in making it available.

Date last posted: 18 December 1999 16:30:10
Comments and suggestions: esa@un.org