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Yearbook of the International Law Commission 2004, Vol. II, Part 2

image of Yearbook of the International Law Commission 2004, Vol. II, Part 2
This volume contains the report of the International Law Commission on the work of its fifty-sixth session (3 May - 4 June and 5 July – 6 August 2004). The issues discussed at that session included: reservations to treaties, diplomatic protection, unilateral acts of States, shared natural resources, and international liability for injurious consequences arising out of acts not prohibited by international law, and responsibilities of international organizations.

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Summary of the work of the commission at its fifty-sixth session

As regards the topic “Diplomatic protection”, the Commission considered the Special Rapporteur’s fifth report (A/CN.4/538) dealing with the relationship between diplomatic protection and functional protection by international organizations, diplomatic protection and human rights, and diplomatic protection and protection of ships’ crews by the flag State. The Commission referred draft article 26 and a reformulation of draft article 21 to the Drafting Committee. The Commission also requested that the Drafting Committee consider elaborating a provision on the connection between the protection of ships’ crews and diplomatic protection. The Commission adopted on first reading a set of 19 draft articles on diplomatic protection and decided, in accordance with articles 16 and 21 of its statute, to transmit the draft articles to Governments for comments. The Commission also requested the Special Rapporteur to consider the possible relationship between the “clean hands” doctrine and diplomatic protection. The Special Rapporteur prepared and submitted a memorandum on this subject, but the Commission decided, due to the lack of time, to consider it at its next session.

English Spanish, French

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