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Draft articles on Succession of States in respect of Treaties with commentaries 1974

Copyright © United Nations

2005
Text adopted by the International Law Commission at its twenty-sixth session, in

1974, and submitted to the General Assembly as a part of the Commission's report

covering the work of that session (at para. 85). The report, which also contains commentaries on the draft articles, appears in

Yearbook of the International Law

Commission, 1974

, vol. II, Part One.

174Yearbook of the International Law Commission, 1974, vol. n, Part One

82
Takin g int o accoun t th e abov e points th e Com -mission has arranged the draft articles as follows: Par t I

Genera

l provision s (article s 1 t o 13)

;Part II: Succession in respect of part of territory(article 14);Part III: Newly independent States (articles 15 to 29);Part IV: Uniting and separation of States (articles 30to 37);Part V: Miscellaneous provisions (articles 38 and 39).

83
Th e

Commission'

s wor k o n successio n o f State s i

nrespect of treaties constitutes both codification andprogressive development of international law in the sensein which those concepts are defined in article 15 of theCommission's Statute. The articles it ha

s formulate

dcontain elements of both progressive development as wellas of codification of the law and, as in the case of severalprevious drafts, it is not practicable to determine intowhich category each provision falls.

B

Recommendatio

n o f th e

Commissio

n 84
A t th e 1301s
t meeting o n 2 6 Jul y 1974
th

eCommission decided, in conformity with article 23 of itsStatute, to recommend that the General Assemblyshould invite Member States to submit their writtencomments and observations on the Commission's finaldraft articles on succession of States in respect of treatiesand convene an international conference of pleni-potentiaries to study the draft articles and to concludea convention on the subject.

C

Resolutio

n adopte d b y th e

Commissio

n85. The Commission, at its 1301st meeting, on 26 July1974, adopted by acclamation the following resolution:

(Foot-note 58
continued)

Internationa

l La w

Commission

An y o f th e period s withi nwhich appointments must be made may be extended by agree-ment between the parties to the dispute. "An y vacanc y shal l b e filled i n th e manne r prescribe d fo r th einitial appointment. "3 Th e

Conciliatio

n

Commissio

n shal l decid e it s ow n pro

-cedure. The Commission, with the consent of the parties tothe dispute, may invite any party to the treaty to submit to it itsviews orally or in writing. Decisions and recommendations ofthe Commission shall be made by a majority vote of the fivemembers.

"4 Th e

Commissio

n ma y dra w th e attentio n o f th e partie s t othe dispute to any measures which might facilitate an amicablesettlement. "5 Th e

Commissio

n shal l hea r th e parties examin e th

eclaims and objections, and make proposals to the parties with aview to reaching an amicable settlement of the dispute.

"6 Th e

Commissio

n shal l repor t withi n twelv e month s o f it

sconstitution. Its report shall be deposited with the Secretary-General and transmitted to the parties to the dispute. The reportof the Commission, including any conclusions stated thereinregarding the facts or questions of law, shall not be bindingupon the parties and it shall have no other character than thatof recommendations submitted for the consideration of the partiesin order to facilitate an amicable settlement of the dispute.

"7 Th e

Secretary-Genera

l shal l provid e th e

Commissio

nwith such assistance and facilities as it may require. The expensesof the Commission shall be borne by the United Nations."The International Law Commission,

Having

adopted th e draf t article s o n successio n o f State s i n respec t o f treaties

Desires

to express t o th e

Specia

l

Rapporteur

Si r

Franci

s

Vallat

it s dee p appreciation o f th e outstandin g contributio n h e ha s mad e t o th e treatmen t o f th e topi c b y hi s scholarl y researc h an d vas t ex perience thu s enablin g th e

Commissio

n t o brin g t o a successfu l conclusio n it s wor k o n th e draf t article s o n th e successio n o f State s i nquotesdbs_dbs23.pdfusesText_29