1 Official Records of the General Assembly, Thirteenth Session, Supplement No. 9 (A/3859), para. 51; Yearbook of the International Law Commission, 1958, vol. II, p. 89.

2 Official Records of the General Assembly, Fourteenth Session, Supplement No. 9 (A/4169), para. 48; Yearbook of the International Law Commission, 1959, vol. II, p. 123.

3 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 75; Yearbook of the International Law Commission, 1962, vol. II, p. 192.

4 A/CN.4/161 and Add.l, Yearbook of the International Law Commission, 1963, vol. II, p. 159.

5 Official Records of the General Assembly, Eighteenth Session, Supplement No. 9 (A/5509), para. 66; Yearbook of the International Law Commission, 1963, vol. II, p. 225.

6 A/CN.4/L.104.

7 Yearbook of the International Law Commission, 1964, vol. I, 757th meeting, para. 20.

8 A/CN.4/L.118 and Add.l and 2. A revised edition of the study will be published in the second volume of the Yearbook of the International Law Commission, 1967.

9 Official Records of the General Assembly, Nineteenth Session, Supplement No. 9 (A/5809); Yearbook of the International Law Commission, 1964, vol. II, p. 227.

10 Official Records of the General Assembly, Nineteenth Session, Supplement No. 9 (A/5809), paras. 36 and 37; Yearbook of the International Law Commission, 1964, vol. II, p. 226.

11 A/CN.4/195 and Add.l, Yearbook of the International Law Commission, 1967, vol. II.

12 A/CN.4/203 and Add.1–5. Yearbook of the International Law Commission, 1968, vol. II.

13 See paragraph 10 above.

14 Official Records of the General Assembly, Thirteenth Session, Annexes, agenda item 56, document A/4007, para. 21.

15 United Nations, Treaty Series, vol. 500, p. 96.

16 Official Records of the General Assembly, Twenty-first Session. Supplement No. 9 (A/6309/Rev.l), part II, para. 38; Yearbook of the International Law Commission, 1966, vol. 11, p. 177.

17 See foot-note 4.

18 A/CN.4/203, chapter II, article 1, sub-paragraph (a).

19 United Nations, Treaty Series, vol. 11, p. 26.

20 Section 1 (j) of the Agreement, United Nations, Treaty Series, vol. 339, p. 153.

21 Section 10 (b) of the Agreement, United Nations, Treaty Series, vol. 317, p. 108.

22 Legislative texts and treaty provisions concerning the legal status, privileges and immunities of international organizations (United Nations Legislative Series) vol. II (ST/LEG/SER.B/11), section 24, p. 195.

23 Sub-paragraph (h) of article 1, Official Records of the General Assembly, Twenty-second Session, Supplement No. 9 (A/6709/Rev.l); Yearbook of the International Law Commission, 1967, vol. II.

24 United Nations, Treaty Series, vol. 33, p. 262.

25 For a list of such organizations see Repertory of Practice of United Nations Organs, vol. Ill, article 57, annex; see also Peaslee, Amos J., International Governmental Organizations, Constitutional Documents, The Hague, 1961 Google Scholar.

26 Article 4 of the Universal Postal Convention of 1957, United Nations, Treaty Series, vol. 364, p. 166.

27 Article 8 of the Constitution of WHO, ibid., vol. 14, p. 189.

28 Study of the Secretariat, A/CN.4/L.118, p. 103.

29 United Nations, Treaty Series, vol. 1, p. 16.

30 See the statement by the Legal Counsel at the 1016th meeting of the Sixth Committee, Official Records of the General Assembly, Twenty-second Session, Annexes, agenda item 98. document A/C.6/385.

31 A/609; for the final text adopted by the General Assembly see resolution 257 (III).

32 Official Records of the General Assembly, Third Session, Part I, Sixth Committees, 125th meeting, p. 626. Another representative observed: “Only the .members of the Security Council were obliged to maintain permanent representatives, as laid down in Article 28 of the Charter…. If the appointment of permanent missions was made obligatory, it might impose a heavy burden on certain States”. He therefore suggested that “the appointment of permanent missions should be optional”. Ibid., 126th meeting, p. 637.

33 See above paragraph (5) of the commentary on article 1.

34 Cahier, Philippe, Le droit diplomatique contemporain, Genève et Paris, 1962, p. 411 Google Scholar.

35 Document INST/Rpt. 1/Rev.l of the Organization of African Unity.

36 Hadwen, John G. and Kaufmann, Johan, How United Nations decisions are made, Leyden and New York, 1962, p. 26 Google Scholar.

37 Study of the Secretariat, A/CN.4/L.118, p. 18.

38 Official Records of the General Assembly, Fourteenth Session, Supplement No. 1A (A/4132/Add.l), p. 2.

39 Study of the Secretariat, A/CN.4/L.118, p. 32.

40 Ibid.

41 Ibid. See also United Nations, Juridical Yearbook, 1962 (provisional edition), ST/LEG/8, fascicle 2, p. 258.

42 Official Records of the General Assembly, Twenty-second Session, Annexes, agenda item 98, document A/C.6/385, para. 4.

43 Leo Gross, Immunities and Privileges of Delegations to the United Nations, in International Organization, vol. XVI, No. 3, Summer 1962, p. 491.

44 Legislative texts and treaty provisions concerning the legal status, privileges and immunities of international organizations (United Nations Legislative Series), vol. II (ST/LEG/SER.B/11), p. 371.

45 Ibid., p. 393.

46 Ibid., p. 417.

47 Text published by the Secretariat of the Organization of African Unity, Addis Ababa.

48 Legislative texts and treaty provisions concerning the legal status, privileges and immunities of international organizations (United Nations Legislative Series), vol. I (ST/LEG/SER.B/10), p. 116.

49 Ibid., vol. II (ST/LEG/SER.B/11), p. 22.

50 See foot-note 31.

51 Official Records of the General Assembly, Third Session, Part 1, Sixth Committee, 125th meeting, pp. 624 and 625.

52 Ibid., pp. 626, 628 and 630.

53 International Telecommunication Convention (ITU publication) annex 4, chapter 5, p. 102.

54 Official Records of the General Assembly, Third Session, Supplement No. 10, document A/606, paras. 61 and 68.

55 The provisions in question read:

“Article 6. Full powers to represent the State in the conclusion of treaties

“…

“2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:

“…

“(c) Representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of the adoption of the text of a treaty in that conference, organization or organ” (A/CONF.39/C. 1/L.370/Add.4).

56 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), chapter II; Yearbook of the International Law Commission, 1962, vol. II, pp. 164–165.

57 Ibid.

58 Official Records of the General Assembly, Twenty-first Session, Supplement No. 9 (A/6309/Rev.l), part II, chapter II; Yearbook of the International Law Commission, 1966, vol. II, p. 193.

59 Emphasis supplied.

60 Emphasis supplied.

61 Study of the Secretariat, A/CN.4/L.118, p. 30. For the practice of specialized agencies, see ibid., pp. 114–116; see also Summary of the Practice of the Secretary-General as Depositary of Multilateral Agreements, ST/LEG/7, paras. 28–36.

62 United Nations, Treaty Series, vol. I, p. 173.

63 United Nations, Treaty Series, vol. 96, p. 158.

64 Official Records of the General Assembly, Thirteenth Session, Supplement No. 9 (A/3859), chapter III; Yearbook of the International Law Commission, 1958, vol. II, p. 94.

65 Emphasis supplied.

66 Emphasis supplied.

67 Official Records of the General Assembly, Thirteenth Session, Supplement No. 9 (A/3859), chapter III; Yearbook of the International Law Commission, 1958, vol. II, p. 92.

68 A/CN.4/L.118, p. 21.

69 Ibid. See the joint report of the Secretary-General and the Negotiating Committee on the negotiations with the authorities of the United States of America concerning the arrangements required as a result of the establishment of the seat of the United Nations in the United States of America, A/67 and A/67/Add.l; Reproduced in Handbook on the Legal Status, Privileges and Immunities of the United Nations, ST/LEG/2, p. 441.

70 The resolution is divided into two parts. Part A approves the Headquarters Agreement. Part B reads:

“The General Assembly

“Decides to recommend to the Secretary-General and to the appropriate authorities of the United States of America to use section 16 of the General Convention on the Privileges and Immunities of the United Nations as a guide in considering—under sub-section 2 and the last sentence of section 15 of the above-mentioned Agreement regarding the Headquarters—what classes of persons on the staff of delegations might be included in the lists to be drawn up by agreement between the Secretary-General, the Government of the United States of America and the Government of the Member State concerned.”

71 These sub-sections read:

“(1) Every person designated by a Member as the principal resident representative to the United Nations of such Member or as a resident representative with the rank of ambassador or minister plenipotentiary,

“(2) Such resident members of their staffs as may be agreed upon between the Secretary-General, the Government of the United States and the Government of the Member concerned;

“…

“shall, whether residing inside or outside the headquarters district, be entitled in the territory of the United States to the same privileges and immunities, subject to corresponding conditions and obligations, as it accords to diplomatic envoys accredited to it. In the case of Members, whose Governments are not recognized by the United States, such privileges and immunities need be extended to such representatives, or persons on the staffs of such representatives, only within the headquarters district, at their residences and offices outside the district, in transit between the district and such residences and offices, and in transit on official business to or from foreign countries.”

72 Legislative texts and treaty provisions concerning the legal status, privileges and immunities of international organizations (United Nations Legislative Series, vol. I (ST/LEG/SER.B/10), p. 92).

73 A/CN.4/L.129.

74 Serres, Jean, Manuel pratique de protocole, Vitry-le-Francois, 1965 Google Scholar, paras. 730 and 733.

75 This division is dealt with in article 14 of the Vienna Convention on Diplomatic Relations. Article 14 reads:

“1. Heads of mission are divided into three classes—namely:

“(a) That of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;

“(b) That of envoys, ministers and internuncios accredited to Heads of State;

“(c) That of charges d’affaires accredited to Ministers for Foreign Affairs.

“2. Except as concerns precedence and etiquette, there shall be no differentiation between heads of mission by reason of their class.”

76 Study of the Secretariat, A/CN.4/L.118, p. 85.

77 Ibid.

78 Ibid., p. 87.

79 Ibid.

80 Ibid., p. 138.

81 Official Records of the General Assembly, Fourth Session, Supplement No. 10 (A/925); Yearbook of the International Law Commission, 1949, p. 279. The Commission selected the fourteen topics after reviewing twenty-five, on the basis of a memorandum by the Secretary-General entitled “Survey of International Law in relation to the Work of Codification of the International Law Commission” [(A/CN.4/1/Rev.l), published in English and French only].

82 The General Assembly adopted resolution 1686 (XVI) after considering the item “Future work in the field of the codification and progressive development of international law”, which had been placed on the provisional agenda of its sixteenth session pursuant to resolution 1505 (XV) of 12 December 1960.

83 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 60; Yearbook of the International Law Commission, 1962, vol. II, p. 190.

84 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 54; Yearbook of the International Law Commission, 1962, vol. II, p. 189.

85 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), paras. 55, 70 and 71; Yearbook of the International Law Commission, 1962, vol. II, pp. 189–190 and 191.

86 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 72; Yearbook of the International Law Commission, 1962, vol. II, pp. 191–192.

87 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 74; Yearbook of the International Law Commission, 1962, vol. II, p. 192.

88 Official Records of the General Assembly, Eighteenth Session, Supplement No. 9 (A/5509); Yearbook of the International Law Commission, 1963, vol. II, p. 260.

89 Yearbook of the International Law Commission, 1963, vol. II, pp. 262–300.

90 Official Records of the General Assembly, Eighteenth Session, Supplement No. 9 (A/5509), paras. 56–61; Yearbook of the International Law Commission, 1963, vol. II, pp. 224–225.

91 Official Records of the General Assembly, Eighteenth Session, Supplement No. 9 (A/5509), para. 61; Yearbook of the International Law Commission, 1963, vol. II, pp. 224–225.

92 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 73; Yearbook of the International Law Commission, 1962, vol. II, p. 192. The Sub-Committee had proposed that the Commission should remind Governments of the Secretary-General’s circular note.

93 Official Records of the General Assembly, Nineteenth Session, Supplement No. 9 (A/5809), paras. 36 and 37; Yearbook of the International Law Commission, 1964, vol. II, p. 226.

94 Official Records of the General Assembly, Twenty-first Session, Supplement No. 9 (A/6309/Rev.l), part II, para. 74; Yearbook of the International Law Commission, 1966, vol. II, p. 278.

95 Official Records of the General Assembly, Eighteenth Session, Supplement No. 9 (A/5509), paragraph 3 of the commentary on article 43; Yearbook of the International Law Commission, 1963, vol. II, p. 206.

96 Official Records of the General Assembly, Nineteenth Session, Supplement No. 9 (A/5809), para. 18; Yearbook of the International Law Commission, 1964, vol. II, p. 175.

97 Official Records of the General Assembly, Twenty-first Session, Supplement No. 9 (A/6309/Rev.I), part II, para. 30 of the report and para. 6 of the commentary on article 58 of the draft; Yearbook of the International Law Commission, 1966, vol. II, pp. 177 and 256.

98 Official Records of the General Assembly, Twenty-second Session, Supplement No. 9 (A/6709/Rev.l), paras. 38–41.

99 Ibid., para. 39.

100 Ibid., para. 40.

101 For the studies, documentation and publications requested from the Secretariat see: (1) Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), paras. 72 and 73; Yearbook of the International Law Commission, 1962, vol. II, pp. 191–193; (2) Official Records of the General Assembly, Eighteenth Session, Supplement No. 9 (A/5509), para. 61, and annex II, paras. 16 and 17; Yearbook of the International Law Commission, 1963, vol. II, pp. 224–225 and 262.

102 United Nations Legislative Series, Materials on Succession of States (United Nations publication, Sales No.: E/F.68.V.5). The volume contains texts in English and French.

103 Reproduced in the Yearbook of the International Law Commission, 1962, vol. II.

104 Reproduced in the Yearbook of the International Law Commission, 1963, vol. II.

105 To be reproduced in the Yearbook of the International Law Commission, 1968, vol. II.

106 Official Records of the General Assembly, Twenty-second Session, Supplement No. 9 (A/6709/Rev.l), para. 49.

107 Ibid., para. 45.

* Originally issued as two separate documents under the symbols A/CN.4/L.128 and ILC(XX) Misc. 2.

1 Official Records of the General Assembly, Twenty-second Session, Supplement No. 9 (A/6709/Rev.l); Yearbook of the International Law Commission, 1967, vol. II, document A/6709/Rev.l, para. 49.

2 Yearbook of the International Law Commission, 1949, document A/925, para. 16.

3 In pursuance of General Assembly resolution 899 (IX) of 14 December 1954, the Commission grouped together systematically all the rules it had adopted concerning the high seas, the territorial sea, the continental shelf, the contiguous zone and the conservation of the living resources of the sea. The final draft was entitled “Articles concerning the law of the sea”.

4 The Convention of the High Seas entered into force on 30 September 1962. By September 1968 the following forty-two States had deposited their instruments of ratification or accession or given notification of succession (in chronological order): Afghanistan, United Kingdom of Great Britain and Northern Ireland, Cambodia, Haiti, Union of Soviet Socialist Republics, Malaysia, Ukrainian Soviet Socialist Republic, Byelorussian Soviet Socialist Republic, United States of America, Senegal, Nigeria, Indonesia, Venezuela, Czechoslovakia, Israel, Guatemala, Hungary, Romania, Sierra Leone, Poland, Madagascar, Bulgaria, Central African Republic, Nepal, Portugal, South Africa, Australia, Dominican Republic, Uganda, Albania, Italy, Finland, Upper Volta, Jamaica, Malawi, Yugoslavia, Netherlands, Trinidad and Tobago, Switzerland, Mexico, Japan, Thailand.

5 The Convention on Fishing and Conservation of the Living Resources of the High Seas entered into force on 20 March 1966. By September 1968 the following twenty-six States had deposited instruments of ratification or accession or given notification of succession (in chronological order): United Kingdom of Great Britain and Northern Ireland, Cambodia, Haiti, Malaysia, United States of America, Senegal, Nigeria, Sierra Leone, Madagascar, Colombia, Portugal, South Africa, Australia, Venezuela, Jamaica, Dominican Republic, Uganda, Finland, Upper Volta, Malawi, Yugoslavia, Netherlands, Trinidad and Tobago, Switzerland, Mexico, Thailand.

6 The Convention on the Continental Shelf entered into force on 10 June 1964. By September 1968 the following thirty-nine States had deposited instruments of ratification or accession or given notification of succession (in chronological order): Cambodia, Haiti, Union of Soviet Socialist Republics, Malaysia, Ukrainian Soviet Socialist Republic, Byelorussian Soviet Socialist Republic, United States of America, Senegal, Venezuela, Czechoslovakia, Israel, Guatemala, Romania, Colombia, Poland, Madagascar, Bulgaria, Portugal, South Africa, Australia, Denmark, United Kingdom of Great Britain and Northern Ireland, Dominican Republic, Uganda, Albania, New Zealand, Finland, France, Jamaica, Malawi, Yugoslavia, Netherlands, Switzerland, Malta, Sweden, Mexico, Sierra Leone, Thailand, Trinidad and Tobago.

7 At its twenty-second session, the General Assembly adopted resolution 2340(XXII) of 18 December 1967 entitled “Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind”. The resolution established the Ad Hoc Committee to study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction. The Ad Hoc Committee is entrusted with the task of studying the scope and various aspects (scientific, technical, economic, legal, etc.) of the item. During the First Committee’s debate leading to the adoption of resolution 2340(XXII) many representatives underlined the relationship between this new subject and the existing conventions on the law of the sea. Particular reference was made to the definition of the “continental shelf” embodied in article 1 of the Convention on the Continental Shelf.

8 See foot-note 3 above.

9 The Convention on the Territorial Sea and the Contiguous Zone entered into force on 10 September 1964. By September 1968 the following thirty-five States had deposited their instruments of ratification or accession or given notification of succession (in chronological order): United Kingdom of Great Britain and Northern Ireland, Cambodia, Haiti, Union of Soviet Socialist Republics, Malaysia, Ukrainian Soviet Socialist Republic, Byelorussian Soviet Socialist Republic, United States of America, Senegal, Nigeria, Venezuela, Czechoslovakia, Israel, Hungary, Romania, Sierra Leone, Madagascar, Bulgaria, Portugal, South Africa, Australia, Dominican Republic, Uganda, Italy, Finland, Jamaica, Malawi, Yugoslavia, Netherlands, Trinidad and Tobago, Switzerland, Malta, Mexico, Japan, Thailand.

10 It may also be mentioned that the nationality of married women, a topic which the Commission was requested to study by Economic and Social Council resolution 304 D(XI) of 17 July 1950, is the subject of a convention, which was adopted by the General Assembly in its resolution 1040(XI) of 29 January 1957, and which is now in force.

11 The Convention, adopted on 18 April 1961, entered into force on 24 April 1964. By September 1968 the following seventy-nine States had ratified the Convention, acceded to it or given notification of succession (in chronological order): Pakistan, Liberia, Ghana, Mauritania, Sierra Leone, Ivory Coast, United Republic of Tanzania, Laos, Niger, Congo (Brazzaville), Yugoslavia, Czechoslovakia, Jamaica, Madagascar, Cuba, Guatemala, Argentina, Iraq, Switzerland, Panama, Dominican Republic, Union of Soviet Socialist Republics, Gabon, Algeria, Rwanda, Holy See, Liechtenstein, Byelorussian Soviet Socialist Republic. Japan, United Arab Republic, Ukrainian Soviet Socialist Republic, United Kingdom of Great Britain and Northern Ireland, Ecuador, Costa Rica, Federal Republic of Germany, Iran, Venezuela, Brazil, Uganda, Poland, Malawi, Mexico, Kenya, Democratic Republic of the Congo, Cambodia, San Marino, Hungary, Nepal, Afghanistan, India, Trinidad and Tobago, Malaysia, Philippines, El Salvador, Austria, Canada, Luxembourg, Mongolia, Malta, Sweden, Dahomey, Ireland, Nigeria, Norway, Spain, Chile, Guinea, Bulgaria, Tunisia, Australia, Honduras, Mali, Somalia, Burundi, Belgium, Barbados, Morocco, Cyprus, Portugal.

12 At its twenty-second session, the General Assembly adopted resolution 2328(XXII) of 18 December 1967 entitled “Question of diplomatic privileges and immunities”. By paragraphs 2 to 5 of the operative part of that resolution, the General Assembly urges: (a) States Members of the United Nations which have not yet done so to accede to the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946; (b) States Members of the United Nations, whether or not they have acceded to the Convention on the Privileges and Immunities of the United Nations to take every measure necessary to secure the implementation of the privileges and immunities accorded under Article 105 of the Charter to the Organization, to the representatives of Members and to the officials of the Organization; (c) States which have not yet done so to ratify or accede to the Vienna Convention on Diplomatic Relations of 18 April 1961; (d) States, whether or not they are parties to the Vienna Convention on Diplomatic Relations, to take every measure necessary to secure the implementation of the rules of international law governing diplomatic relations, and in particular to protect diplomatic missions and to enable diplomatic agents to fulfil their tasks in conformity with international law.

13 The Convention, adopted on 24 April 1963, entered into force on 19 March 1967. By September 1968 the following thirty-three States had ratified the Convention or acceded to it (in chronological order): Ghana, Dominican Republic, Algeria, Tunisia, Upper Volta, Yugoslavia, Gabon, Ecuador, Switzerland, Mexico, United Arab Republic, Kenya, Nepal, Cuba, Trinidad and Tobago, Venezuela, Philippines, Niger, Senegal, Liechtenstein, Costa Rica, Madagascar, Argentina, Ireland, Brazil, Cameroon, Panama, Chile, Nigeria, Honduras, Czechoslovakia, Mali, Somalia.

14 United Nations publication, Sales No.: 48.V.1(1).

15 The Commission also discussed the topic of the laws of war, which had not been suggested in the memorandum; the topic was not included in the list.

16 The Commission at its first session (1949) adopted a draft Declaration on Rights and Duties of States (see paragraph 6 (1) above).

17 Without attempting to recall all the various efforts of the United Nations on this topic, it may be mentioned that an item entitled “Peaceful settlement of disputes” has been discussed at the twentieth (item 99) and twenty-first sessions (item 36) of the General Assembly, but no resolution on it has been adopted. Also, one of the principles considered by the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States is “the principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” (see foot-note 18 below).

18 By operative paragraph 4 of the same resolution, the General Assembly decided to place on the provisional agenda of its seventeenth session the question entitled “Consideration of principles of international law concerning friendly relations and co-operation among States in accordance with the Charter of the United Nations”. In 1962 the General Assembly, pursuant to Article 13 of the Charter, resolved to undertake a study of these principles with a view to their progressive development and codification, the aim of the study being the adoption by the General Assembly of a declaration containing an enunciation of the principles. Since then, the Sixth Committee and the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States, established in 1963 and reconstituted in 1965, have examined the following seven principles: (1) the principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations; (2) the principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered; (3) the duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter; (4) the principle of sovereign equality of States; (5) the duty of States to co-operate with one another in accordance with the Charter; (6) the principle of equal rights and self-determination of peoples; (7) the principle that States shall fulfil in good faith the obligations assumed by them in accordance with the Charter. In 1966, the Special Committee adopted formulations for principles (2) and (4) and linked the principle of nonintervention with General Assembly resolution 2131(XX) of 21 December 1965. Texts concerning principles (5) and (7) were agreed upon, in 1967, by the Drafting Committee of the Special Committee. At its twenty-second session, the General Assembly, by resolution 2327 (XXII) of 18 December 1967, decided to ask the Special Committee to meet in 1968 in order to complete the formulation of principles (1) and (6) and to consider proposals compatible with General Assembly resolution 2131 (XX) on principle (3) with the aim of widening the area of agreement already expressed in that resolution. As in previous sessions, the item will be considered by the General Assembly at its twenty-third session.

19 Yearbook of the International Law Commission, 1962, vol. II, p. 84.

20 Official Records of the General Assembly, Seventeenth Session, Supplement No. 9 (A/5209), para. 61.

21 Legislative texts and treaty provisions concerning the utilization of international rivers for other purposes than navigation/Textes législatifs et dispositions de traités concernant l’utilisation des fleuves internationaux à des fins autres que la navigation (ST/LEG/SER.B/12) (United Nations publication, Sales No.: 63.V.4).

22 Official Records of the General Assembly, Twenty-third Session, Supplement No. 16 (A/7216).

23 See paragraph 12 (4) below.

24 Yearbook of the International Law Commission, 1967, document A/6709/Rev.l, paras. 46 and 47.

25 See paragraph 6(1) above.

26 See paragraph 6 (4) above. As recommended by the Third Committee, the General Assembly adopted, at its twenty-second session, resolution 2338 (XXII) of 18 December 1967 concerning the question of the punishment of war criminals and of persons who have committed crimes against humanity. By this resolution the Assembly decided to give high priority to the completion of the draft convention on the non-applicability of statutory limitation to war crimes and crimes against humanity, with a view to its adoption at the twenty-third session.

27 By resolution 268 (III) of 28 April 1949, the General Assembly revised the General Act for the Pacific Settlement of International Disputes of 26 September 1928 and opened the revised text to accession by States (United Nations Treaty Series, vol. 71, p. 101).

28 General Assembly resolution 2329 (XXII) of 18 December 1967 did not establish any new body for fact-finding. Operative paragraph 4 requests the Secretary-General “to prepare a register of experts in legal and other fields, whose services the States parties to a dispute may use by agreement for fact-finding in relation to the dispute, and requests Member States to nominate up to five of their nationals to be included in such a register”.

29 United Nations publication, Sales No.: E/F.68.V.5.

30 Yearbook of the International Law Commission, 1967, document A/6709/Rev.l, para. 45.

31 Official Records of the United Nations Conference on the Law of the Sea (1958), vol. II, p. 145.

32 Yearbook of the International Law Commission, I960, vol. II, document A/4425, para. 40.

33 Ibid., 1962, vol. II, p. 1.

34 Ibid., 1962, vol. II, document A/5209, para. 60.

35 Ibid., 1960, vol. II, document A/4425, para. 39.

36 Ibid., 1962, vol. II, document A/5209, para. 60.

37 Official Records of the General Assembly, Twenty-second Session, Annexes, agenda item 89, document A/6912, paras. 64 and 65.

38 Ibid., para. 16.

39 A/AC.10/51, reissued as A/331. The Committee was established by General Assembly resolution 94(1) of 11 December 1946.

40 See, inter alia, Statute of the International Law Commission (hereinafter referred to as Statute), articles 11 and 18 (2).

41 See, inter alia, Official Records of the General Assembly, Fourth Session, Sixth Committee, 158th to 164th meetings; ibid., Resolutions (A/1251), resolution 373 (IV) of 6 December 1949.

42 The Commission’s Statute has been amended by the General Assembly in resolutions 485 (V) of 12 December 1950, 984 (X) and 985 (X) of 3 December 1955, 1103 (XI) of 18 December 1956 and 1647 (XVI) of 6 November 1961. With the exception of the last two, all other amendments were adopted on the initial recommendation of the Commission itself. By resolution 484 (V) of 12 December 1950, the General Assembly requested the International Law Commission to review its Statute with the object of making recommendations to the General Assembly concerning revisions of the Statute; the General Assembly, however, failed to act upon the recommendations made by the Commission [resolution 600 (VI) of 31 January 1952, see para. 19 below],

43 Statute, article 18 (3).

44 Ibid., articles 16 (/), 17 (d), 22 and 23.

45 Ibid., article 1 (2).

46 See section A above.

47 Yearbook of the International Law Commission, 1966, vol. I, part II, pp. 249–252.

48 A/AC.10/SR.7.

49 Yearbook of the International Law Commission, 1966, vol. II (A/6309/Rev.l), para. 72.

50 Ibid., 1950, vol. I, p. 249.

51 Ibid., 1966, vol. II, document A/6309/Rev.l, para. 72.

52 Ibid., 1953, vol. II, document A/2456, para. 172.

53 Ibid., 1966, vol. II, document A/6309/Rev.l, para. 73.

54 A/AC.10/51, reissued as A/331; see also A/AC.10/SR.24.

55 A/C.6/193, para. 4.

56 Yearbook of the International Law Commission, 1951, vol. II, pp. 137–139.

57 Statute, article 2.

58 Ibid., articles 2 and 3.

59 Ibid., article 8.

60 Ibid., article 11.

61 Ibid., article 10.

62 Yearbook of the International Law Commission, 1955, vol. II, pp. 41–42.

63 Statute, article 10.

64 By General Assembly resolution 486 (V) of 12 December 1950, the original three-year term of office of the Commission’s members was extended by two years, making a total period of five years from their election in 1948.

65 Yearbook of the International Law Commission, 1949, document A/925, para. 42; ibid., 1950, vol. II, document A/1316, para. 21.

66 Official Records of the General Assembly, Fourth Session, Sixth Committee, 168th meeting; see also A/C.5/320; ibid., Fifth Committee, 222nd meeting; of. ibid., Annexes, agenda item 52, documents A/1639, paras. 6–16, and A/1648; ibid., Fifth Committee, 258th and 259th meetings.

67 Official Records of the General Assembly, Fifth Session, Supplement No. 20 (A/1775), resolution 485 (V) of 12 December 1950.

68 See also ibid., Ninth Session, Supplement No. 21 (A/2890), resolution 875 (IX).

69 Ibid., Eleventh Session, Supplement No. 17 (A/3572 and Corr.1), resolution 1075 (XI) of 7 December 1956, annex, para. 6.

70 Ibid., Eleventh Session, Supplement No. 17 (A/3572 and Corr.1), resolution 1106 (XI) of 21 February 1957.

71 Ibid., Twelfth Session, Annexes, agenda item 41, document A/C.5/713.

72 Ibid., document A/3705.

73 Ibid., document A/3766.

74 Ibid., para. 6. See also ibid., Twelfth Session, Plenary Meetings, 729th meeting, 13 December 1957. For an account of the historical development prior to 1957 of the honoraria paid to Special Rapporteurs see ibid., Annexes, agenda item 41, document A/3766, annex, paras. 2–8.

75 Ibid., Fifteenth Session, Supplement No. 16 A (A/4684), resolution 1588 (XV) of 20 December 1960.

76 Yearbook of the International Law Commission, 1953, vol. II, document A/2456, para. 173; see also ibid., 1955, vol. II, document A/2934, para. 26.

77 See also Official Records of the General Assembly, Seventeenth Session, Supplement No. 17 (A/5217), resolution 1851 (XVII) of 19 December 1962.

78 See also Official Records of the General Assembly, Twelfth Session, Supplement No. 18 (A/3805), resolution 1202 (XII) of 13 December 1957.

79 Yearbook of the International Law Commission, 1951, vol. II, document A/1858, para. 64; see also ibid., 1953, vol. II, document A/2456, para. 174.

80 Official Records of the General Assembly, Seventh Session, Supplement No. 20 (A/2361), resolution 694 (VII) of 20 December 1952; ibid., Twelfth Session, Supplement No. 18 (A/3805), resolution 1202 (XII) of 13 December 1957.

81 Ibid., Seventeenth Session, Supplement No. 17 (A/5217), resolution 1851 (XVII) of 19 December 1962.

82 Yearbook of the International Law Commission, 1962, vol. II, document A/5209, para. 83.

83 The sixteenth and nineteenth sessions of the Commission opened on the second Monday in May of 1964 and 1967, respectively. The twentieth session opened on the last Tuesday in May of 1968.

84 Yearbook of the International Law Commission, 1967, vol. II, document A/6709/Rev.l, para. 50; cf. ibid., 1962, vol. II. document A/5209, para. 82, regarding the Vienna Conference on Consular Relations.

85 Ibid., 1953, vol. II, document A/2456, para. 176; see also ibid., 1955, vol. II, document A/2934, para. 30; ibid., 1956, vol. II, document A/3159, para. 50; ibid., 1957, vol. II, document A/3623, para. 34.

86 Ibid., 1964, vol. II, document A/5809, para. 38.

87 Ibid., 1965, vol. II, document A/6009, para. 54; see also ibid., 1966, vol. II, document A/6309/Rev.l, para. 1; Official Records of the General Assembly, Twentieth Session, Supplement No. 14 (A/6014), resolution 2045 (XX) of 8 December 1965.

88 Yearbook of the International Law Commission, 1963, vol. II, document A/5509, paras. 72–74.

89 Ibid., 1964, vol. II, document A/5809, para. 38.

90 Ibid., 1965, vol. II, document A/6009, para. 53.

91 Ibid., para. 65.

92 Ibid., 1966, vol. II, document A/6309/Rev.l, part I, paras. 1–3.

93 Rule 45 relates to the duties of the Secretary-General. Rule 62 states the general principles concerning the public or private meetings of the General Assembly, its Committees and Sub-Committees.

94 Yearbook of the International Law Commission, 1949, document A/925, para. 5; see also ibid., para. 18.

95 See, inter alia, ibid., 1952, vol. I, 135th meeting.

96 See, inter alia, ibid., 1955, vol. I, 292nd meeting.

97 Ibid., 1957, vol. II, document A/3623, para. 26.

98 Statute, articles 16 (/), 17 (c), 20, 22.

99 Ibid., articles 16 (g), 21 (/)•

100 At its eighth session, the Commission, on the proposal of the Chairman, decided that the Special Rapporteur on the regimes of the high sea and territorial sea should attend the eleventh session of the General Assembly and furnish such information on the Commission’s draft on the law of the sea as might be required in connexion with the consideration of the matter by the Assembly. Yearbook of the International Law Commission, 1956, vol. II, document A/3159, para. 48.

101 The inclusion of a topic in the Commission’s programme of work has not implied its actual consideration by the Commission. See paragraph 13 above.

102 Yearbook of the International Law Commission, 1962, vol. II, document A/5209, paras. 33–56, 62.

103 Ibid., paras. 67–74 (one and two private meetings, respectively).

104 Ibid., 1963, vol. II, document A/5509, paras. 51–61; ibid., annexes I and II.

105 Ibid., paras. 55 and 61.

106 Ibid., 1967, vol. II, document A/6709/Rev.1, paras. 38–40.

107 See, inter alia, ibid., para. 40; ibid., 1963, vol. II, document A/5509, para. 66; and A/CN.4/L.127.

108 Yearbook of the International Law Commission, 1967, vol. II, document A/6709/Rev.l, para. 39; see also ibid., 1961, vol. I, 621st meeting, para. 47 (iii); ibid., 1962, vol. II, document A/5209, para. 75.

109 Ibid., 1963, vol. II, document A/5509, para. 55; ibid., 1967, document A/6709/Rev. 1, para. 48.

110 See, inter alia, A/CN.4/SR.965, para. 65.

111 At its fifteenth session in 1963, the Commission, while approving the recommendations contained in the reports of the Sub-Committee on State Responsibility and Succession of States and Governments (para. 31 above), nevertheless pointed out that the questions listed in the first report were intended solely to serve as an aide-mémoire and that the second report laid down guiding principles for the Special Rapporteur, who would not be obliged by them in detail. Yearbook of the International Law Commission, 1963, vol. II, document A/5509, paras. 54 and 60.

112 The General Assembly, inter alia, by resolutions 1765 (XVII) of 20 November 1962 and 1902 (XVIII) of 18 November 1963 recommended that: (a) the law of treaties “be placed upon the widest and most secure foundations”; (b) on State Responsibility, due consideration be given “to the purposes and principles enshrined in the Charter of the United Nations”; (c) on Succession of States and Governments, appropriate reference be made “to the views of States which have achieved independence since the Second World War”. Official Records of the General Assembly, Seventeenth Session, Supplement No. 17 (A/5217); ibid., Eighteenth Session, Supplement No. 15 (A/5515).

113 Yearbook of the International Law Commission, 1961. vol. I, 597th meeting, para. 33, 621st meeting, para. 47; ibid.. 1963, vol. II, document A/5509, paras. 62–64; ibid., 1964, vol. II document A/5809, paras. 18, 41, 42; ibid., 1967, vol. II, document A/6709/Rev.l, para. 40; see also A/CN.4/SR.962 to 965 and SR.968.

114 Ibid., 1956, vol. II, document A/3519, para. 36; ibid.. 1959 vol. II, document A/4169, para. 23; and International Law Commission, Twentieth Session, conference room documents 5 and 6

115 Yearbook of the International Law Commission, 1954 vol. II, document A/2693, paras. 60 and 63; ibid., 1956. vol. It document A/3159, paras. 15 to 18.

116 Ibid., 1954, vol. II, document A/2693, paras. 60 and 64 ibid., 1962, vol. II, document A/5209, para. 73; ibid., 1963 vol. II, document A/5509, para. 61.

117 Ibid., 1950, vol. II, document A/1316, paras. 160 and 165

118 See, inter alia, ibid., 1962, vol. II, document A/5209, paras. 72 and 76; ibid., 1963, vol. II, document A/5509, paras. 55 and 61; and A/CN.4/200 and Add.l and 2; A/CN.4/L.129.

119 See, inter alia, Yearbook of the International Law Commission, 1963. vol. II, document A/5509, paras. 64 and 66; ibid., 1967, vol. II, document A/6709/Rev.l, para. 43; A/CN.4/201.

120 Ibid., 1958, vol. II, document A/3859, para. 64; ibid., 1959, vol. II, document A/4169, para. 28; ibid., I960, vol. II, document A/4425, para. 31.

121 Ibid., 1953, vol. I, 227th meeting, paras. 35–38.

122 Ibid., 1949, vol. I, 17th meeting, paras. 112 to 116; 29th meeting, para. 68; ibid., 1950, vol. I, 62nd meeting, para. 146; ibid., 1951, vol. I, 117th meeting, paras. 71 to 88.

123 Ibid., 1952, vol. I, 144th meeting, para. 62.

124 Ibid., 1958, vol. II, document A/3859, para. 65.

125 Ibid., 1955, vol. I, 295th meeting, para. 13.

126 Ibid., 1952, vol. I, 144th meeting, para. 62; ibid., 1954, vol. I, 250th meeting, para. 61.

127 Ibid., 1964, vol. II, document A/5809, para. 5.

128 Ibid., 1959, vol. I, 491st meeting, para. 7.

129 Ibid., 1952, vol. I, 144th meeting, para. 62.

130 Ibid., 1953, vol. II, document A/2456, para. 163; ibid., 1955, vol. II, document A/2934, para. 38.

131 Statute, articles 16 (h) and 21 (2); see, however, Yearbook of the International Law Commission, 1958, vol. I, 432nd meeting, paras. 11–12, and 478th meeting, paras. 33 to 38; cf. A/CN.4/SR.956.

132 Yearbook of the International Law Commission, 1958, vol. II, document A/3859, paras. 60–61; ibid., 1964, vol. II, document A/5809, paras. 16, 40.

133 Official Records of the General Assembly, Tenth Session, Supplement No. 19 (A/3116), resolution 989 (X) of 14 December 1955.

1 Read to news correspondents by Tom Johnson, Acting Press Secretary to the President, on Dec. 22 (White House press release).