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United Nations: Report of the International Law Commission

Published online by Cambridge University Press:  20 April 2017

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American Journal of International Law , Volume 45 , Issue S4: Supplement Official Documents , January 1951 , pp. 103 - 147
Copyright
Copyright © American Society of International Law 1951

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References

1 U. N. General Assembly, 6th Sess., Official Records, Supp. No. 9, Doc. A/1858; see also Doc. A/CN.4/48, July 30, 1951.

2 This JOURNAL, Supp., Vol. 45 (1951), p. 14.

3 Cons General Assembly, 5th Sess., Official Eecords, Supp. No. 12 (A/1316), par. 164; this Journal, Supp., Vol. 44 (1950), p. 140.

4 Ibid., Supp., Vol. 45 (1951), p. 14.

5 This Jouenal, Vol. 45 (1951), pp. 589–590.

* Mr. Yepes declared that he deeply regretted having to vote against this paragraph for the following reasons, which he had explained at length during the Commission’s discussions:

(1) If the so-called Pan American system of making reservations could be successfully applied to a complex of States closely linked together and in intimate relations such as the Organization of American States, it could a fortiori be applied to a much vaster organization more loosely linked together such as the United Nations, whose universal character makes it less exacting in this respect than a purely regional organization such as the Organization of American States.

(2) As the Pan American system was, in his opinion, used in practice by the majority of the Members of the United Nations, it could be regarded as the existing law in the matter and, for that reason, should have been adopted by the Commission.

page 118 note * Mr. Hudson voted against this chapter of the report on the ground that in resolution 378 B (V) the General Assembly did not request the Commission to formulate a definition of aggression.

6 General Assembly, 5th Seas., Official Records, Supp. No. 12, Doc. A/1316, p. 11; this JOURNAL, Supp., Vol. 44(1950), p. 125.

7 This JOURNAL, Supp., Vol. 44 (1950), p. 15.

8 General Assembly, 4th Sess., Official Records, Supp. No. 10 (A/925); this JOURNAL, Supp., Vol. 44 (1950), p. 4.

page 137 note * Mr. Scelle stated that he had abstained from participation in the voting on the articles concerning the continental shelf and related subjects, as he was opposed to the notion of the continental shelf on the ground that it affected the freedom of the seas.

9 General Assembly, 4th Sess., Official Records, Supp. No. 12 (A/1316); par. 20; this JOURNAL, Supp., Vol. 44 (1950), p. 110.