1 The recent practice of splitting the session of the Commission will continue in 2003; furthermore, in order to strengthen the relationship of the Commission to the Sixth Committee of the UN General Assembly, one or two of the half sessions may in the future take place in New York.

2 Kabatsi has served as solicitor general of Uganda since 1990.

3 Vienna Convention on the Law of Treaties, May 22,1969,1155 UNTS 331; Vienna Convention on Succession of States in Respect of Treaties, Aug. 22,1978, UN Doc. A/CONF.80/31,17 ILM 1488 (1978); Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations, Mar. 21, 1986, UN Doc. A/CONF.129/15, 25 ILM 543 (1986).

4 Alain Pellet, Seventh Report on Reservations to Treaties, UN Doc. A/CN.4/526 & Add. 1-3 (2002). The Commission’s reports and other documentation for the years 1996 to 2002 are available online at <http://www.un.org/law/ilc/reporfra.htm>.

5 The Commission left open the question of how to define “impermissible reservations.” The term will therefore appear in brackets until the Commission settles upon a definition and decides whether to include such reservations in the draft guidelines.

6 Report of the International Law Commission on the Work of Its Fifty-fourth Session (April 29-June 7 and July 22-Augustl6,2002), UNGAOR, 57th Sess., Supp. No. 10,at 112-14, UN Doc. A/57/10 (2002) [hereinafter 2002 Report].

7 See Report of the International Law Commission on the Work of Its Fifty-third Session, UN GAOR, 56th Sess., Supp. No. 10, at 437-506, UN Doc. A/56/10 (2001).

8 Dugard, John, Third Report on Diplomatic Protection, UN Doc. A/CN.4/523 & Corr. 1 & Add. 1 (2002)Google Scholar.

9 A Calvo Clause is “a contractual undertaking whereby a person voluntarily linked with a State of which he is not a national agreed to waive the right to claim diplomatic protection by his State of nationality and to confine himself exclusively to local remedies relating to the performance of the contract.” 2002 Report, supra note 6, para. 253 (citing definition by special rapporteur).

10 Id., para. 264.

11 Id. at 167-69.

12 Id. at 168.

13 Id.

14 See Article 14 of the International Covenant of Civil and Political Rights, Dec. 16, 1966, 999 UNTS 171.

15 Rodriquez-Cedeño, Victor, Fifth Report on Unilateral Acts of States, UN Doc. A/CN.4/525 & Add. 1 (2002)Google Scholar.

16 2002 Report, supra note 6, paras. 364-66.

17 Id., paras. 398-401.

18 Pemmaraju Sreenivasa Rao, Third Report on International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law (Prevention of Transboundary Damage from Hazardous Activities), UN Doc. A/CN.4/510 (2000). The report contains a discussion of the Commission’s work on the issue, as well as the text of draft articles on prevention.

19 The five-year term for which the members are elected.

20 2002 Report, supra note 6, paras. 455-56.

21 Id., para. 445.

22 Id., para. 450.

23 Id., para. 463.

24 Report of the Working Group on Responsibility of International Organizations, UN Doc. A/CN.4/L.622 (2002).

25 “Responsibility” describes the international obligations resulting from the harmful effects of internationally wrongful acts and is different from “liability,” which deals with obligations arising from the harmful effects of permissible acts.

26 See the 1986 Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations, supra note 3, Article 2 (1) (I), which defines international organization as “an intergovernmental organization.”

27 Hafner, Gerhard, “Risks Ensuing from Fragmentation of International Law,” UN Doc. ILC (LII) /WG/LT/L.1/Add.1, at 24 (2000)Google Scholar (included as annex to UN Doc. A/55/10 (2000)).

28 2002 Report, supra note 6, para. 500.

29 Id., para 512.

30 Id.

31 Id., para. 520.

* Chairman, International Law Commission; and New York University School of Law, class of 2003. The views expressed in this report are those of the authors and do not necessarily represent those of the United States government.