Report of the International Law Commission on the Work of Its 46th Session

A/RES/49/51No PDF available

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A Resolution of the General Assembly, under agenda item 137Report of the International Law Commission on the work of its 46th session, published in 1995.

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27 versions · 1953–2025

This is an older version — the most recent is A/RES/80/164

2025A/RES/80/164Report of the International Law Commission on the work of its 76th sessionLatestCompare with previous version
2024A/RES/79/121Report of the International Law Commission on the work of its 75th sessionCompare with previous version
2023A/RES/78/108Report of the International Law Commission on the work of its 74th sessionCompare with previous version
2019A/RES/73/265Report of the International Law Commission on the work of its 70th sessionCompare with previous version
2017A/RES/72/116Report of the International Law Commission on the work of its 69th sessionCompare with previous version

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What does this mandate say?

18 operative paragraphs

Takes note of the report of the International Law Commission on the work of its forty-sixth session;

Expresses its appreciation to the International Law Commission for the work accomplished at that session, in particular for the completion of a draft statute for an international criminal court 3/ and the adoption of final draft articles on the law of the non-navigational uses of international watercourses; 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;

Notes the intentions of the International Law Commission for the programme of work for the remainder of the current term of office of its members, 5/ and urges the Commission to resume, at its forty-seventh session, the work on the draft Code of Crimes against the Peace and Security of Mankind and on State responsibility in such a manner that the second reading of the draft articles of the Code and the first reading of the draft articles on State responsibility may be completed before the end of the present term of office of the members of the Commission;

Requests the Secretary-General to update 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, 6/ as a useful contribution to the ongoing work of the Commission on the topic;

Endorses the intention of the International Law Commission to undertake work on the topics "The law and practice relating to reservations to treaties" and "State succession and its impact on nationality of natural and legal persons", on the understanding that the final form to be given to the work on these topics shall be decided after a preliminary study is presented to the General Assembly, and, in connection with the latter topic, requests the Secretary-General to invite Governments to submit, by 1 March 1995, relevant materials including national legislation, decisions of national tribunals and diplomatic and official correspondence relevant to the topic;

Expresses its appreciation for the efforts of the International Law Commission to improve its procedures and methods of work;

Requests the International Law Commission:

To consider thoroughly:

The planning of its activities and programme for the term of office of its members, bearing in mind the desirability of achieving as much progress as possible in the preparation of draft articles on specific topics;

Its methods of work in all their aspects, bearing in mind that the staggering of the consideration of some topics might contribute, inter alia, to a more effective consideration of its report in the Sixth Committee;

To continue to pay special attention to indicating in its annual report, for each topic, those specific issues on which expressions of views by Governments, either in the Sixth Committee or in written form, would be of particular interest for the continuation of its work;

Takes note of the comments of the International Law Commission on the question of the duration of its session, as presented in its report, 7/ 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;

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;

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;

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 forty-ninth 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;

Recommends the continuation of efforts to improve the ways in which the report of the International Law Commission is considered in the Sixth Committee, with a view to providing effective guidance for the Commission in its work;

Also recommends that the debate on the report of the International Law Commission at the fiftieth session of the General Assembly commence on 23 October 1995.

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Report of the International Law Commission on the Work of Its 46th Session

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