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On the Work of its Seventeenth Session, May 3-July 9, 1965 **
Published online by Cambridge University Press: 28 March 2017
TJ.N. General Assembly, 20th Sess., Official Records, Supp. No. 9 (A/6009). For reports of the International Law Commission covering its previous sessions, see Supplements to this JOURNAL, Vol. 44 (1950), pp. 1, 105; Vol. 45 (1951), p. 103; Vol. 47 (1953), p. 1; Vol. 48 (1954), p. 1; Vol. 49 (1955), p. 1; and Official Documents, Vol. 50 (1956), p. 190; Vol. 51 (1957), p. 154; Vol. 52 (1958), p. 177; Vol. 53 (1959), p. 230; Vol. 54 (I960), p. 229; Vol. 55 (1961), p. 223; Vol. 56 (1962), p. 268; Vol. 57 (1963), p. 190; Vol. 58 (1964), p. 241; Vol. 59 (1965), pp. 203, 434.
* Obtained and prepared by R. E. Baxter of the Board of Editors.
1 A/CN.4/L.110.
2 Official Records of the General Assembly, 13th Sess., Supp. No. 9 (A/3859), pars. 60-61.
3 The Governments which submitted written comments were: Afghanistan, Australia, Austria, Burma, Canada, Czechoslovakia, Denmark, Finland, Israel, Jamaica, Japan, Luxembourg, Malaysia, Netherlands, Pakistan, Poland, Portugal, Sweden, Turkey, Uganda, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland and United States of America.
4 See A/CN.4/SE.791, par. 61, and A/CN.4/SR.801, pars. 17-20.
5 Official Records of the General Assembly, 17th Sess., Supp. No. 9 (A/5209), par. 21.
6 Ibid., par. 8 of the commentary to Art. 1.
7 Art. 2, as adopted in 1962, already contained an analogous provision safeguarding the legal force of international agreements not in written form; and this provision, in slightly expanded form, also appears in the new text of Art. 2.
8 Official Records of the General Assembly, 13th Sess., Supp. No. 9 (A/3859), par. 51.
9 Yearbook of the International Law Commission, 1960, Vol. II, pp. 179 and 180.
10 Ibid., p. 179, par. 37.
11 Resolution 1504 (XV).
12 The Sub-Committee was composed of the representatives of Ecuador, Iraq, Italy, Japan, Senegal, the USSR, the United Kingdom, the United States of America and Yugoslavia.
13 Yearbook of the International Law Commission, 1963, Vol. I I, Doc. A/CN.4/155, pars. 44-45.
14 A/CN.4/155 (see footnote 13 above).
15 Official Records of the General Assembly, 17th Sess., Supp. No. 9 (A/5209), par. 76.
16 Ibid., 18th Sess., Supp. No. 9 (A/5509), par. 65.
17 Ibid., par. 64.
18 Yearbook of the International Law Commission, 1960, Vol. I, 565th meeting, par. 26.
19 Ibid., par. 25.
20 Official Records of the General Assembly, 18th Sess., Supp. No. 9 (A/5509), par. 63.
21 A/CN.4/166.
22 A/CN.4/179.
23 Arts. 1-16 were adopted by the Commission at its Sixteenth Session (1964) on the basis of the Special Rapporteur's first report (A/CN.4/166). Arts. 16-36 of that report were not discussed by the Commission and were replaced by Arts. 17-40 of the Speeial Rapporteur's second report (A/CN.4/179) which was discussed by the Commission at its Seventeenth Session and formed the basis of Arts. 17-44 of these draft articles.
24 Title adopted at the 819th meeting.
25 Introduced as Art. 1 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 757th and 758th meetings of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 772nd meeting. The Commission decided that this article would be preceded by a definitions article.
26 See Art. 12.
27 Introduced as Art. 2 of Special Kapporteur's first report (A/CN.4/166). Discussed at the 758th meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 772nd meeting.
28 Official Eecords of the General Assembly, 17th Sess., Supp. No. 9 (A/5209), Arts. 4 and 5 (pp. 7-9).
29 Introduced as Art. 3 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 760th meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
30 For the contrary view, see Yearbook of the International Law Commission, 1960, Vol. II, pp. 112-117.
31 Introduced as Art. 4 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 760th meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
32 This was also the opinion of the International Law Commission in 1960. See Yearbook of the International Law Commission, 1960, Vol. II, pp. 112-115 and p. 180.
33 Introduced as Art. 5 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 761st meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
34 Yearbook of the International Law Commission, 1960, Vol. II, p. 109 and p. 180.
35 Ibid., p. 116.
36 Introduced as Art. 6, pars. (1) and (4) of Special Rapporteur's first report (A/ CN.4/166). Discussed at the 761st meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
37 Introduced as Art. 6, pars. (2) and (3) of Special Bapporteur's first report (A/ CN.4/166). Discussed at the 761st meeting of the Commission. Drafting Committee's text, numbered 6A, discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
38 See pars. 4-11 of this commentary.
39 Yearbook of the International Law Commission, 1960, Vol. II, pp. 116 and 179-180.
40 Ibid., pp. 110 and 179-180. Mr. Sandstrom, the Special Bapporteur, was even of the opinion that this had no bearing on special missions.
41 Introduced as Art. 7 of Special Bapporteur's first report (A/CN.4/166). Discussed at the 762nd meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
42 Yearbook of the International Law Commission, 1960, Vol. II, pp. 113 and 179-180.
43 Introduced as Art. 8 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 762nd meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
44 Yearbook of the International Law Commission, 1960, Vol. II, p. 116.
45 Raoul Genet, Traité de diplomatic et de droit diplomatique, Paris, 1931, Vol. I, p. 86.
46 Sir Ernest Satow, A Guide to Diplomatic Practice, 4th edition, London, 1957, p. 41.
47 Yearbook of the International Law Commission, 1960, Vol. II, p. 109.
48 Thus, Jiménez de Aréchaga; see Yearbook of the International Law Commission, 1960, Vol. II, p. 116, par. 13.
49 This cumulation of the functional and the representative character is confirmed by the fourth paragraph of the Preamble and by Art. 3 of the Vienna Convention on Diplomatic Relations.
50 Mr. Sandström too used this method in dealing with the question of the participation of ad hoc diplomats in congresses and conferences (Chap. II, Art. 6).
51 In order to bring the practice further into line with the principle of equality, it is now customary for lots to be drawn, the initial letter of the name of the state thus chosen indicating the beginning of the ad hoo alphabetical order. At United Nations meetings and meetings organized by the United Nations, lots are drawn at the opening of the session, to assign seats to the participating states for the duration of the session and whenever a roll-call vote is taken.
52 Introduced as Art. 9 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 762nd meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 773rd meeting.
53 A/CN.4/166, Art. 9.
54 Introduced as Art. 10 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 762nd meeting of the Commission. Drafting Committee's text discussed and adopted at the 768th meeting. Commentary adopted at the 774th meeting.
55 Yearbook of the International Law Commission, 1960, Vol. II, pp. 116 and 180.
56 Introduced as Art. 11 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 763rd meeting of the Commission. Drafting Committee's text discussed and adopted at the 769th meeting. Commentary adopted at the 774th meeting.
57 Yearbook of the International Law Commission, 1960, Vol. II, pp. 179-180.
58 This addition was proposed by Mr. Jiménez de Aréchaga; see ibid., p. 115.
59 Introduced as Art. 12 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 763rd meeting of the Commission. Drafting Committee's text discussed and adopted at the 770th meeting. Commentary adopted at the 774th meeting.
60 Yearbook of the International Law Commission, 1960, Vol. II, p. 116 and pp. 179- 180.
61 Introduced as Art. 13 of Special Rapporteur's first report (A/CN.4/166). Discussed at the 763rd meeting of the Commission. Drafting Committee's text discussed and adopted at the 770th meeting. Commentary adopted at the 774th meeting.
62 Yearbook of the International Law Commission, 1960, Vol. II, pp. 179-180.
63 Sir Ernest Satow, A Guide to Diplomatic Practice, 4th edition, London, 1957, pp. 138-141.
64 Introduced as Art. 15 of Special Bapporteur's first report (A/CN.4/166). Discussed at the 763rd meeting of the Commission. Drafting Committee's text, numbered 14, discussed and adopted at the 770th meeting. Commentary adopted at the 774th meeting.
65 Yearbook of the International Law Commission, 1960, Vol. II, p. 108, p. 180.
66 Ibid., p. 116.
67 Introduced as Art. 14 of Special Bapporteur's first report (A/CN.4/166). Discussed at the 763rd meeting of the Commission. Drafting Committee's text, numbered 15, discussed and adopted at the 770th meeting. Commentary adopted at the 774th meeting.
68 Title adopted at 819th meeting.
69 Introduced as Art. 17 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 804th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 820th meeting.
70 Introduced as Art. 18 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 804th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 820th meeting.
71 Pars. 1 and 2 introduced as Art. 19 of the Special Rapporteur's second report (A/CN.4/179). Discussed at the 804th and 805th meetings of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Par. 3 introduced as Art. 24 of the Special Rapporteur's second report. Discussed at the 806th meeting of the Commission. Drafting Committee's text discussed and referred back to Drafting Committee at the 817th meeting. Re-submitted and adopted at the 820th meeting. Commentary adopted at the 820th meeting.
72 Yearbook of the International Law Commission, 1960, Vol. II, p. 112.
73 Introduced as Art. 20 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 805th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
74 Introduced as Art. 21 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 805th meeting of the Commission. Drafting Committee's text discussed and adopted at the 816th meeting. Commentary adopted at the 821st meeting.
75 Introduced as Art. 22 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 805th and 806th meetings of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
76 Introduced as Art. 23 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 806th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
77 Introduced as Art. 25 of Special Rapporteur's second report (A/CN.4/179). Biscussed at the 806th and 807th meetings of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
78 Introduced as Art. 26 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 807th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
79 Introduced as Art. 27 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 807th meeting of the Commission. Drafting Committee's text discussed and adopted at the 83 7th meeting. Commentary adopted at the 821st meeting.
80 Introduced by the Drafting Committee as Art. 27 bis. Discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
81 Introduced as Art. 28 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
82 The proposal to introduce this article was made by the Special Rapporteur at the 808th meeting. Drafting Committee's text, numbered 28 bis, submitted and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
83 Introduced as Art. 29 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
84 Introduced as Art. 30 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
85 Introduced as Art. 32 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text, numbered 31, discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
86 Introduced as Art. 32 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text, numbered 32, discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
87 Introduced as Art. 32 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text, numbered 33, discussed and adopted at the 817th meeting. Commentary adopted at the 821st meeting.
88 Introduced as Art. 31 of Special Bapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text, numbered 34, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
89 Introduced as Art. 33 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 808th meeting of the Commission. Drafting Committee's text, numbered 35, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
90 Introduced as Art. 34 of Special Bapporteur's second report (A/CN.4/179). Discussed at the 809th meeting of the Commission. Drafting Committee's text, numbered 36, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
91 Introduced as Art. 35 of Special Bapporteur's second report (A/CN.4/179). Discussed at the 809th meeting of the Commission. Drafting Committee's text, numbered 37, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
92 Introduced as Art. 36 of Special Rapporteur's second report (A/CN.4/179). Discussed at the 809th meeting of the Commission. Drafting Committee's text, numbered 38, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
93 A/CN.4/179). Discussed at the 809th meeting of the Commission. Drafting Committee's text, numbered 39, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
94 Introduced as Art. 38, pars. (2) and (3) of Special Rapporteur's second report (A/CN.4/179). Discussed at the 809th meeting of the Commission. Drafting Committee's text, numbered 40, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
95 Introduced as Art. 37 of Special Bapporteur's second report (A/CN.4/179). Discussed at the 809th meeting of the Commission. Drafting Committee's text, numbered 41, discussed and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
96 Text, numbered 42, submitted by Drafting Committee and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
97 Text, numbered 43, submitted by Drafting Committee and adopted at the 819th meeting. Commentary adopted at the 821st meeting.
98 Official Records of the General Assembly, 19th Sess., Supp. No. 9 (A/5809), Ch. IV, pars. 36-38.
99 The decision on this point was taken on an ad, hoc basis, without prejudice to the question of the numbering of sessions if winter meetings are held in years after 1966.
100 See Chapter I, par. 7 of the present report.
101 Official Records of the General Assembly, 19th Sess., Supp. No. 9 (A/5809), par. 51