Yearbook of the International Law Commission 2005, Vol. II, Part 2

image of Yearbook of the International Law Commission 2005, Vol. II, Part 2

This volume contains the summary records of the meetings of the International Law Commission on its 57th session (2 May – 3 June and 11 July – 5 August 2005). The issues discussed at that session included: unilateral acts of states, diplomatic protection, state responsibility, reservations to treaties and international liability for injurious consequences arising out of acts not prohibited by international law.

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Diplomatic protection

At its forty-eighth session (1996), the Commission identified “Diplomatic protection” as one of three topics appropriate for codification and progressive development. In the same year, the General Assembly, in paragraph 13 of its resolution 51/160 of 16 December 1996, invited the Commission to examine the topic further and to indicate its scope and content in the light of the comments and observations made during the debate in the Sixth Committee and any written comments that Governments might wish to make. At its forty-ninth session (1997), the Commission, pursuant to General Assembly resolution 51/160, established at its 2477th meeting a Working Group on the topic. The Working Group submitted a report at the same session, which was endorsed by the Commission. The Working Group attempted (a) to clarify, as far as possible, the scope of the topic and (b) to identify issues that should be studied in the context of the topic. The Working Group proposed an outline for consideration of the topic, which the Commission recommended be used as the basis for the submission of a preliminary report by the Special Rapporteur.

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