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Yearbook of the International Law Commission 2013, Vol. II, Part 2

image of Yearbook of the International Law Commission 2013, Vol. II, Part 2

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 Two) reproduces the edited version of the annual report of the Commission to the General Assembly.

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Summary of the work of the commission at its sixty-fifth session

13. With regard to the topic “Subsequent agreements and subsequent practice in relation to the interpretation of treaties”, the Commission had before it the first report of the Special Rapporteur (A/CN.4/660), which, inter alia, contained four draft conclusions relating to the general rule and means of treaty interpretation; subsequent agreements and subsequent practice as means of interpretation; the definition of subsequent agreement and subsequent practice as means of treaty interpretation; and attribution of a treaty-related practice to a State. Following the debate in plenary, the Commission decided to refer the four draft conclusions to the Drafting Committee. Upon consideration of the report of the Drafting Committee, the Commission provisionally adopted five draft conclusions, together with commentaries thereto (chap. IV).

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