United Nations

A/RES/51/160


General Assembly

Distr. GENERAL  

30 January 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 146


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

               [on the report of the Sixth Committee (A/51/626)]


            51/160.  Report of the International Law
                     Commission on the work of its forty-
                     eighth session

      The General Assembly,

      Having considered the report of the International Law Commission
on the work of its forty-eighth 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 to 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 of the report of the International Law Commission
on the work of its forty-eighth session; 1/

      2.    Expresses its appreciation to the International Law
Commission for the work accomplished at its forty-eighth session, in
particular for the completion of the final draft articles on the draft
Code of Crimes against the Peace and Security of Mankind and the
provisional draft articles on State responsibility, and draws the
attention of the States participating in the Preparatory Committee on
the Establishment of an International Criminal Court to the relevance
of the draft Code to their work;

      3.    Requests the Secretary-General to invite Governments to
submit, before the end of the fifty-third session of the General
Assembly, their written comments and observations on action which
might be taken in relation to the draft Code of Crimes against the
Peace and Security of Mankind;

      4.    Recommends that, taking into account the comments of
Governments, whether in writing or expressed orally in debates in the
General Assembly, the International Law Commission should continue its
work on the topics in its current programme;

      5.    Draws the attention of Governments to the importance, for
the International Law Commission, of having their views on the draft
articles on State responsibility adopted on first reading by the
Commission, and urges them to submit their comments and observations
in writing by 1 January 1998, as requested by the Commission;

      6.    Encourages Governments that may wish to do so to provide, in
writing, their comments and observations on the report of the Working
Group on International Liability for Injurious Consequences Arising
out of Acts not Prohibited by International Law, annexed to the report
of the International Law Commission, 3/ in order that the Commission
may, in the light of the report of the Working Group and such comments
and observations as may be made by Governments and those that have
been made in the Sixth Committee, consider at its forty-ninth session
how to proceed with its work on the topic and make early
recommendations thereon;

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

      8.    Notes the completion of the preliminary study of the topic
"State succession and its impact on the nationality of natural and
legal persons", requests the International Law Commission to undertake
the substantive study of the topic "Nationality in relation to the
succession of States" in accordance with the modalities provided for
in paragraph 88 of its report, and invites Governments to submit
comments on the practical problems raised by the succession of States
affecting the nationality of legal persons;

      9.    Takes note with appreciation of paragraphs 143 to 244 of the
report of the International Law Commission concerning its procedures
and working methods;

      10.   Takes note of the comments of the International Law
Commission on the question of a split session, as presented in
paragraphs 228 to 233 of its report;

      11.   Encourages the International Law Commission, in relation to
its internal matters, to take decisions which could contribute to its
efficiency and productivity;

      12.   Takes note of the decision of the International Law
Commission contained in paragraph 256 of its report on the duration of
its next session;

      13.   Invites the International Law Commission further to examine
the topics "Diplomatic protection" and "Unilateral acts of States" and
to indicate the scope and the content of the topics in the light of
the comments and observations made during the debate in the Sixth
Committee on the report of the Commission and any written comments
that Governments may wish to submit;

      14.   Requests the International Law Commission 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;

      15.   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;

      16.   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
with adequate services, including interpretation, as required;

      17.   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 fifty-first 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;

      18.   Also requests the Secretary-General to make appropriate
arrangements to commemorate the fiftieth anniversary of the
establishment of the International Law Commission through a colloquium
on the progressive development and codification of international law,
to be held during the consideration in the Sixth Committee of the
report of the Commission on the work of its forty-ninth session;

      19.   Recommends that the debate on the report of the
International Law Commission at the fifty-second session of the
General Assembly commence on 27 October 1997.


                                                          85th plenary meeting
                                                              16 December 1996


                                     Notes

1/    Official Records of the General Assembly, Fifty-first Session,
Supplement No. 10 and corrigendum (A/51/10 and Corr.1).

2/    Resolution 2625 (XXV), annex.

3/    Official Records of the General Assembly, Fifty-first Session,
Supplement No. 10 and corrigendum (A/51/10 and Corr.1), annex I.

 

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