1887

Yearbook of the International Law Commission 2006, Vol. II, Part 1

image of Yearbook of the International Law Commission 2006, Vol. II, Part 1

The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to “initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification.” Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.

English French

.

International liability for injurious consequences arising out of acts not prohibited by international law (international liability in case of loss from transboundary harm arising out of hazardous activities)

At its fifty-sixth session, in 2004, the International Law Commission adopted, on first reading, the draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities. In paragraph 3 of resolutions 59/41 of 2 December 2004 and 60/22 of 23 November 2005, the General Assembly drew the attention of Governments to the importance, for the Commission, of having their views on the draft principles. On the whole, the draft principles were well received by delegations participating in the debate on the report of the Commission in the Sixth Committee during the fifty-ninth session of the General Assembly in 2004. Delight was expressed that the Commission was able to produce the draft principles expeditiously, within one year of the Assembly noting the importance of the Commission completing the remaining portion of its mandate under the agenda item “International liability for injurious consequences arising out of acts not prohibited by international law”. It will be recalled that at its fifty-sixth session, in 2001, the General Assembly, while expressing its appreciation for the valuable work done on the issue of prevention, requested the Commission to resume its work on the liability aspects, bearing in mind the interrelationship between prevention and liability and taking into account the developments in international law and comments by Governments. In addition to the comments in the Sixth Committee, some Governments also offered written comments on the draft principles of allocation that the Commission finalized in its first reading in 2004.

English French

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error