United Nations

A/RES/50/45


General Assembly

Distr. GENERAL  
50th session
26 January 1996


Fiftieth session
Agenda item 141


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

               [on the report of the Sixth Committee (A/50/638)]


            50/45.   Report of the International Law
                     Commission on the work of its forty-
                     seventh session


      The General Assembly,

      Having considered the report of the International Law Commission
on the work of its forty-seventh session,  1/

      Emphasizing the importance of furthering the progressive
development of international law and its codification as a means of
implementing the purposes and principles set forth in the Charter of
the United Nations and in the Declaration on Principles of
International Law concerning Friendly Relations and Cooperation among
States in accordance with the Charter of the United Nations,  2/

      Emphasizing also the role of the International Law Commission in
the fulfilment of the objectives of the United Nations Decade of
International Law,

      Recognizing the desirability of referring legal and drafting
questions to the Sixth Committee, including topics that might be
submitted to the International Law Commission for closer examination,
and of enabling the Sixth Committee and the Commission further to
enhance their contribution to the progressive development of
international law and its codification,

      Recalling the need to keep under review those topics of
international law which, given their new or renewed interest for the
international community, may be suitable for the progressive
development and codification of international law and therefore may be
included in the future programme of work of the International Law
Commission,

      Stressing the usefulness of structuring the debate on the report
of the International Law Commission in the Sixth Committee in such a
manner that conditions are provided for concentrated attention on each
of the main topics dealt with in the report, 

      Wishing to enhance further the interaction between the Sixth
Committee as a body of government representatives and the
International Law Commission as a body of independent legal experts,
with a view to improving the dialogue between the two organs,

      1.    Takes note with appreciation of the report of the
International Law Commission on the work of its forty-seventh session
and of the Commission's efforts to advance the work currently under
consideration;

      2.    Notes the intentions of the International Law Commission for
the programme of work for the last year of office of its members;

      3.    Urges the Commission at its forty-eighth session:   

      (a)   To resume the work on the draft Code of Crimes against the
Peace and Security of Mankind in such a manner that the second reading
of the draft Code may be completed at that session;

      (b)   To resume the work on the draft articles on State
responsibility in such a manner that the first reading of that draft
may be completed at that session, taking into account the divergent
views expressed during the Sixth Committee's debate on the topic, so
that alternative approaches may be developed when necessary;

      (c)   To resume the work on the topic "International liability for
      injurious consequences arising out of acts not prohibited by
international law" in order to complete the first reading of the draft
articles relating to activities that risk causing transboundary harm;

      4.    Notes the beginning of the work on the topics "The law and
practice relating to reservations to treaties" and "State succession
and its impact on the nationality of natural and legal persons", and
invites the Commission to continue its work on these topics along the
lines indicated in the report;

      5.    Invites States and international organizations, particularly
those which are depositaries, to answer promptly the questionnaire
prepared by the Special Rapporteur on the topic concerning
reservations to treaties;

      6.    Requests the Secretary-General to again invite Governments
to submit as soon as possible relevant materials, including treaties,
national legislation, decisions of national tribunals and diplomatic
and official correspondence relevant to the topic "State succession
and its impact on the nationality of natural and legal persons";

      7.    Expresses its appreciation to the Secretary-General for the
update of the survey of State practice relevant to international
liability for injurious consequences arising out of acts not
prohibited by international law, prepared by the Secretariat in 1984; 3/

      8.    Notes the suggestions of the International Law Commission to
include in its agenda the topic "Diplomatic protection" and initiate a
feasibility study on a topic concerning the law of the environment,
and decides to invite Governments to submit comments on these
suggestions through the Secretary-General for consideration by the
Sixth Committee during the fifty-first session of the General
Assembly; 

      9.    Requests the International Law Commission:

      (a)   To examine the procedures of its work for the purpose of
further enhancing its contribution to the progressive development and
codification of international law and to include its views in its
report to the General Assembly at its fifty-first session;

      (b)   To continue to pay special attention to indicating in its
annual report, for each topic, those specific issues, if any, on which
expressions of views by Governments, either in the Sixth Committee or
in written form, would be of particular interest in providing
effective guidance for the Commission in its further work;

      10.   Requests the Secretary-General to invite Governments to
comment on the present state of the codification process within the
United Nations system and to report thereon to the General Assembly at
its fifty-first session;

      11.   Takes note of the comments of the International Law
Commission on the question of the duration of its session, as
presented in its report,  4/ and expresses the view that the
requirements of the work for the progressive development of
international law and its codification and the magnitude and
complexity of the subjects on the agenda of the Commission make it
desirable that the usual duration of its sessions be maintained;

      12.   Reaffirms its previous decisions concerning the role of the
Codification Division of the Office of Legal Affairs of the
Secretariat and those concerning the summary records and other
documentation of the International Law Commission;

      13.   Once again expresses the wish that seminars will continue to
be held in conjunction with the sessions of the International Law
Commission and that an increasing number of participants from
developing countries will be given the opportunity to attend those
seminars, appeals to States that can do so to make the voluntary
contributions that are urgently needed for the holding of the
seminars, and requests the Secretary-General to provide the seminars,
from within existing resources, with adequate services, including
interpretation, as required;

      14.   Requests the Secretary-General to forward to the
International Law Commission, for its attention, the records of the
debate on the report of the Commission at the fiftieth session of the
General Assembly, together with such written statements as delegations
may circulate in conjunction with their oral statements, and to
prepare and distribute a topical summary of the debate, following
established practice;

      15.   Recommends that the debate on the report of the
International Law Commission at the fifty-first session of the General
Assembly commence on 4 November 1996.

                                                          87th plenary meeting
                                                              11 December 1995


                                     Notes

1/   Official Records of the General Assembly, Fiftieth Session,
Supplement No. 10 (A/50/10).

2/   Resolution 2625 (XXV), annex.

3/   Yearbook of the International Law Commission, 1985, vol. II,
part I (addendum).

4/   Official Records of the General Assembly, Fiftieth Session,
Supplement No. 10 (A/50/10), para. 513.

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