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Published online by Cambridge University Press: 28 March 2017
The International Law Commission celebrated the twenty-fifth anniversary of the opening of its first session on May 27, 1974—a little behind the historical course of events, for the first session had actually opened on April 12, 1949. As was to be expected, the occasion called forth almost a floodtide of oratory recounting the achievements of the Commission in the codification of international law.
1 [1949] YB ILC 177. In the process of codification, “Succession of States and Governments” has become two topics, with the “Governments” eliminated: “Succession of States in Respect of Treaties” and “Succession of States in Respect of Matters Other Than Treaties.”
2 The Commission has submitted final reports on eighteen topics but has codified only seven on the original list.
3 ILC Report, 24th Sess. (1972), GAOR, 27th Sess., Supp. 10, at 5 (1972). UN Doc. A/8710/Rev. 1 [hereinafter ILC 24th Report].
4 For a further discussion of the 1972 draft articles, see Kearney, , The Twenty-Fourth Session of the International Law Commission, 67 AJIL 92-98 (1973)Google Scholar. The present discussion will concentrate on substantial changes made by the Commission to the 1972 draft and major proposals for change that were not accepted.
5 Vallat (First) Report on Succession of States in Respect of Treaties, UN Doc. A/CN.4/278, at 16 (1974) [hereinafter 1st Vallat Report].
6 UN Doc. A/C.6/SR.1484, at 9 (1974).
7 UN Doc. A/8892, Report of the Sixth Committee 15 (1972).
8 The Commission’s commentary to Articles 11 and 12 discusses a number of existing disputes in which such claims have been raised. These include the Anglo-Ethiopian Treaty of 1897 and the later treaties affecting the Somali-Ethiopian border; the Anglo- Belgian bases agreements of 1921 and 1951 under which central African territories administered by Belgium were granted transit rights and leases in perpetuity of port sites in Tanganyika; and the Berlin Act of 1885 regarding navigation on Congo and Niger Rivers. ILC Report, 26th Sess. (1974), UN Doc. A/9610, Vol. I, at 106-08; 113-14; 120-21 [hereinafter ILC 26th Report].
9 Id. at 126.
10 As previously noted Article 29 became Article 11 and 30 became 12. The new article became Article 13.
11 UN Doc. A/C.6/SR.1496, at 10 (1974).
12 Id. at 11.
13 ILC 26th Report 21.
14 2 O’Conneix, , State Succession in Municipal Law and International Law 91 (1967)Google Scholar.
15 ILC 24th Report 33, 46, 48. If the newly independent state’s participation would be incompatible with the object and purpose of the treaty or consent of all the parties to participation of another state would be required either by the terms of the treaty or as a result of the limited number of negotiating states and its object and purposes, the consent of all other parties would be required to make the notification effective. Id. at 33.
16 Id. at 51.
17 1st Vallat Report, Add. 2, supra, note 5, at 28 et seq. The opting out approach is that supported by the International Law Association. See the resolution adopted at the Buenos Aires Conference in I.L.A. Report of the Fifty-Third Conference 596 (1968).
18 ILC 26th Report 140.
19 Id. at 141.
20 Id. at 33-35.
21 UN Docs. A/C.6/SR.1486-95 (1974). For examples see Bulgaria, German Democratic Republic, and Jordan in support, 1495, at 9; 1486, at 15; 1492, at 21; Austria, Iraq, Jamaica, Morocco, and Pakistan opposed: 1490, at 5; 1495, at 5; 1495, at 6; 1492, at 16; 1492, at 22.
22 UN Doc. A/CN.4/275, at 18 (1974).
23 ILC 26th Report, 194-201; 223-26. It should be noted that Article 22(2) is somewhat less restrictive, at least verbally, than Article 26, as it permits provisional application “in accordance with Article 26 or as may be otherwise agreed” while Article 26 refers to express agreement.
24 UN Doc. A/CONF.39/27 (1969); 63 AJIL 875 (1969); 8 ILM 684 (1969).
25 ILC 24th Report 33.
26 1st Vallat Report, Add. 2, supra note 5, at 44.
27 Id. at 47.
28 ILC 26th Report 38.
29 GA Res. 3315 (XXIX), Dec. 14, 1974.
30 ILC 26th Report 165 et seq.
31 Kearney, and Dalton, , The Treaty on Treaties, 64 AJIL 511-13 (1970)Google Scholar.
32 ILC 26th Report 244-45, 280, 281.
33 ILC 24th Report 65. In this case, as is the case throughout the draft articles, notification of succession to a restricted multilateral treaty requires the consent of all other parties.
34 ILC 26th Report 243.
35 ILC 24th Report 71.
36 Id. at 74.
37 The Belgian, Finnish, and Zambian delegations in the Sixth Committee, and the Governments of Czechoslovakia, the German Democratic Republic, the Netherlands, and the United States in written comments, expressed concern on one or both aspects of the problem.
38 1st Vallat Report, Add. 5, supra note 5, at 18.
39 ILC 26th Report 276.
40 Id. at 265, 266.
41 Id. at 262-63.
42 Id. at 279.
43 Id. at 41.
44 Id. at 277.
45 Id. at 271-74.
46 Supra note 24.
47 ILC 26th Report 59.
48 Id. at 57.
49 Kearney supra note 4, at 93.
50 ILC 26th Report 59, 60.
51 ILC Report, 25th Sess., (1973), GAOR, 28th Sess. Supp. 10, at 29, 32 (1973), UN Doc. A/9010/Rev. 1.
52 Ago, Third Report on State Responsibility, UN Doc. A/CN.4/246/Add. 2, at 81; Add. 3, at 12 (1972) [hereinafter 3rd Report, Responsibility].
53 ILC 26th Report 309-12.
54 Id. at 318.
55 Id. at 319.
56 3rd Report, Responsibility 60, 61.
57 García-Amador, Sohn, and Baxter, Recent Codification of the Law of State Responsibility for Injuries to Axbens 253 (1974).
58 ILC 26th Report 308.
59 Report of the Sixth Committee, UN Doc. A/9897, at 38 (1974).
60 4A Annotated Code of the Public General Laws of Maryland 272 (1974). While such delegation of the police power is not common within the United States, the proliferating use of private police and their toleration or acceptance by local governments could support the conclusion that they are in fact exercising some aspects of government authority. See Steenberg, , Private Police Practices and Problems in Law and the Social Order 585 (1972)Google Scholar.
61 Annotated Code, supra note 60, at Art. 41, §69, 274.
62 ILC 26th Report 324.
63 Id. at 322, 333.
64 Id. at 324-28.
65 Id. at 333.
66 Id. at 336.
67 Id. at 339.
68 GA Res. 3315(XXIX), Dec. 14, 1974.
69 UN Doc. A/CN.4/279 (1974) [hereinafter 3rd Renter Report].
70 Id. at 4.
71 Supra note 24.
72 ILC 26th Report 353.
73 Id. at 358.
74 Id. at 358, 359.
75 Supra note 24.
76 Kearney, , The Twenty-Fifth Session of the International Law Commission, 68 AJIL 472 (1974)Google Scholar.
77 Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion of April 11, 1949, [1949] ICJ 182.
78 3rd Reuter Report 40.
79 Id. at 28.
80 Id. at 35.
81 ILC 26th Report 366.
82 GA Res. 3071(XXVIII), Nov. 30, 1973.
83 UN Doc. A/5409 (1963) in three volumes.
84 GA Res. 2669(XXV), Dec. 8, 1970.
85 Legal Problems Relating to the Non-Navigational Uses of International Waterways, UN Doc. A/CN.4/274 (1974).
86 Briggs, , The International Law Commission 231-33 (1965)Google Scholar.
87 ILC 26th Report 372.
88 Id. at 376.
89 Id.
90 Id. at 379.
91 Id. at 381.
