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United Nations: Report of the International Law Commission

Covering the Work of its Eighth Session, April 23-July 4, 1956

Published online by Cambridge University Press:  28 March 2017

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Type
Official Documents
Information
American Journal of International Law , Volume 51 , Issue 1 , January 1957 , pp. 154 - 256
Copyright
Copyright © American Society of International Law 1957

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References

* U.N. General Assembly, 11th Sess., Official Records, Supp. No. 9 (A/3159). For reports of the International Law Commission covering its preceding seven sessions, see Supplements to this Journal, Vol. 44 (1950), pp. 1, 105 (1st and 2nd Sess.); Vol. 45 (1951), p. 103 (3rd Sess.); Vol. 47 (1953), p. 1 (4th Sess.); Vol. 48 (1954), p. 1 (5th Sess.); Vol. 49 (1955), p. 1 (6th Sess.); and Official Documents, Vol. 50 (1956), p. 190 (7th Sess.).

1 Official Records of the General Assembly, 6th Sess., Supp. No. 9 (A/1858), annex.

2 Official Records of the General Assembly, 8th Sess., Supp. No. 9 (A/2456), annex II.

3 Official Records of the General Assembly, 8th Sess., Supp. No. 9 (A/2456), Ch. III.

4 Official Records of the General Assembly, 10th Sess., Supp. No. 9 (A/2934), Ch. II.

5 Report of the International Technical Conference on the Conservation of the Living Resources of the Sea, 18 April-10 May 1955, Rome. A/Conf.10/6.

7 Official Records of the General Assembly, 9th Sess., Supp. No. 9 (A/2693), Ch. IV.

8 Official Records of the General Assembly, 10th Sess., Supp. No. 9 (A/2934), annex [50 A.J.I.L. 240 (1956)].

9 Ibid., Ch. III.

* Six of these replies are printed in 50 A.J.I.L. 992 (1956).

10 Sir Gerald Fitzmaurice expressed his dissent from (1) the final paragraph of the commentary to Article 3, insofar as it might suggest that the breadth of the territorial sea was not governed by any existing rule of international law; (2) Article 24, insofar as it made the right of innocent passage of warships subject to prior notification or authorization. He recorded an abstention on those parts of Article 47 (Right of hot pursuit) and the commentary thereto, that related to the question of hot pursuit from within a contiguous zone.

Mr. Krylov was not able to vote for Articles 3 (Breadth of the territorial sea), 22 (Government ships operated for commercial purposes), Articles 39 (Piracy), 57 (Compulsory arbitration) and 73 (Compulsory jurisdiction).

Mr. Zourek, while having voted for the draft articles relating to the law of the sea as a whole, does not accept, for reasons indicated during the discussions, Articles 3 (Breadth of the territorial sea), and 22 (Government ships operated for commercial purposes). He also maintained his reservations regarding Article 7 (Bays). He remains opposed to Articles 57, 59 and 73 relating to compulsory arbitration; he maintains his reservations regarding the definition of piracy in Article 39 and does not accept the commentary relating to that article.

11 I. C. J. Reports, 1951, p. 116.

12 Ibid., pp. 129 and 130. The passage within brackets is a translation, provided by the Registry of the International Court of Justice, for the authoritative French text of the judgement; it is inserted here instead of the corresponding passage reproduced in the I.C.J. Reports, 1951, which is somewhat distorted by printing errors.

13 Official Records of the General Assembly, 9th Sess., Supp. No. 9 (A/2693), p. 14.

14 Official Records of the General Assembly, 10th Sess., Supp. No. 9 (A/2934), p. 17.

15 I.C.J. Reports, 1949, p. 28

16 Official Records of the General Assembly, 10th Sess., Supp. No. 9 (A/2934), p. 22.

17 See Report of the International Technical Conference on the Conservation of the Living Resources of the Sea, Rome, 18 April-10 May 1955 (A/Conf. 10/6).

19 Official Records of the General Assembly, 10th Sess., Supp. No. 9 (A/2934) [50 A.J.I.L. 217 (1956)].

20 Report of the International Technical Conference on the Conservation of the Living Resources of the Sea (A/Conf. 10/6), par. 61.

21 Official Records of the General Assembly, 6th Sess., Supp. No. 9 (A/1858), p. 20.

22 Official Records of the General Assembly, 8th Sess., Supp. No. 9 (A/2456), par. 111.

23 Official Records of the General Assembly, 8th Sess., Supp. No. 9 (A/2456).

24 Official Records of the General Assembly, 6th Sess., Supp. No. 9 (A/1858), p. 17.