Report of the International Law Commission on the Work of Its 49th Session

A/RES/52/156No PDF available

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A Resolution of the General Assembly, under agenda item 147Report of the International Law Commission on the work of its 49th session, published in 1998.

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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 subjects does this mandate have?

17 topics

Budget Contributions Conferences Cooperation Between Organizations Diplomatic Protection Documents International Law International Law Codification Meeting Records Nationality Participants Reservations and Declarations State Liability State Responsibility State Succession Treaties Unilateral Acts of States Work Organization

What does this mandate say?

22 operative paragraphs

Takes note of the report of the International Law Commission on the work of its forty-ninth session,1 and expresses its appreciation to the Commission for the work accomplished at that session, in particular for the completion of the first reading of draft articles on nationality of natural persons in relation to the succession of States and for the preliminary conclusions on reservations to normative multilateral treaties, including human rights treaties;

Draws the attention of Governments to the importance for the International Law Commission of having their views on all the specific issues identified in chapter III of its report and in particular on:

The draft articles on nationality of natural persons in relation to the succession of States adopted on first reading by the Commission, and urges them to submit their comments and observations in writing by 1 October 1998;

The preliminary conclusions of the Commission on reservations to normative multilateral treaties, including human rights treaties;

Recommends that, taking into account the comments and observations 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;

Takes note of the invitation by the International Law Commission to all treaty bodies set up by normative multilateral treaties that may wish to do so to provide, in writing, their comments and observations on the preliminary conclusions of the Commission on reservations to normative multilateral treaties, including human rights treaties, and takes note of the views expressed by Member States on the matter;

Invites Governments to submit comments and observations on the practical problems raised by the succession of States affecting the nationality of legal persons in order to assist the International Law Commission in deciding on its future work on this portion of the topic of "Nationality in relation to the succession of States";

Recalls the importance for the International Law Commission of having the views of Governments on the draft articles on State responsibility adopted on first reading by the Commission at its forty-eighth session in 1996;

Takes note of the decision by the International Law Commission to proceed with its work on the topic of "International liability for injurious consequences arising out of acts not prohibited by international law", undertaking, as a first step, the issue of prevention, and to reiterate its request to Governments to provide in writing, if they have not previously done so, their comments and observations on the topic, including the draft articles prepared by the Working Group of the Commission at its forty-eighth session in 1996, in order to assist the Commission in its work on that topic;

Endorses the decision of the International Law Commission to include in its agenda the topics "Diplomatic protection" and "Unilateral acts of States";

Welcomes with appreciation the steps taken by the International Law Commission in relation to its internal matters, and encourages it to continue enhancing its efficiency and productivity, taking into consideration the discussion held by the General Assembly at its fifty-second session;

Takes note of the comments of the International Law Commission on the question of a split session for 1998, as presented in paragraphs 225 to 227 of its report;1

Takes note also of the position of the International Law Commission contained in paragraph 228 of its report1 on the duration of its future sessions;

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;

Takes note with appreciation of the International Law Commission's ongoing review of its cooperation and relationship with other bodies concerned with international law, and requests the Commission, in consultation with the Secretary-General, to consider further the implementation of article 16, paragraph (e), and article 26, paragraph 2, of its statute;

Notes that consulting with national organizations and individual experts concerned with international law may assist Governments in considering whether to make comments and observations on drafts submitted by the Commission and in formulating their comments and observations;

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 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 fifty-second 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;

Expresses its appreciation to the Secretary-General for the organization of a colloquium on the progressive development and codification of international law which was held on 28 and 29 October 1997 in commemoration of the fiftieth anniversary of the establishment of the International Law Commission;

Welcomes the decision of the International Law Commission to hold a two-day seminar at Geneva on 22 and 23 April 1998 to celebrate the fiftieth anniversary of the Commission;

Recommends that the debate on the report of the International Law Commission at the fifty-third session of the General Assembly commence on 26 October 1998.

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