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Codification Treaties and Provisions on Reciprocity, Non-Discrimination or Retaliation

Published online by Cambridge University Press:  28 March 2017

Herbert W. Briggs
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Type
Editorial Comment
Information
American Journal of International Law , Volume 56 , Issue 2 , April 1962 , pp. 475 - 482
Copyright
Copyright © American Society of International Law 1962

References

1 U.N. Doc. A/CONF. 20/13, April 16, 1961; 55 A.J.I.L. 1076 (1961). Cf. Kerley, Ernest L., “Some Aspects of the Vienna Conference on Diplomatic Intercourse and Immunities,” 56 A.J.I.L. 88–129 (1962)Google Scholar. Although Kerley does not discuss the drafting of Art. 47, he makes reference to problems of non-discrimination and reciprocity on pp. 98–99.

2 Report of the International Law Commission covering the Work of Its Thirteenth Session, 1961, U.N. Gen. Assembly, 16th Sess., Official Records, Supp. No. 9 (A/4843), p. 39; 56 A.J.I.L. 353 (1962),

3 1958 I.L.C. Yearbook (II) 105 (Report of the Commission); 53 A.J.I.L. 289 (1959). Art. 44 of the draft reads as follow:

“ NON-DISCRIMINATION

Article 44

“1. In the application of the present rules, the receiving State shall not discriminate as between States.

“2. However, discrimination shall not be regarded as taking place:

(a) Where the receiving State applies one of the present rules restrictively because of a restrictive application of that rule to its mission in the sending State;

(b) Where the action of the receiving State consists in the grant, on the basis of reciprocity, of greater privileges and immunities than are required by the present rules.”

4 1957 I.L.C. Yearbook (II) 133 ff. (Report of the Commission); 52 A.J.I.L. 180 ff. (1958).

5 1955 I.L.C. Yearbook ( II) 9 ff. (Doc. A/CN.4/91, April 21, 1955, Report of A.E.F. Sandström).

6 1958 ibid. (I) 196 (467th Meeting).

7 Ibid. (II) 124 (Annex to the 1958 Report of the Commission),

8 Ibid. 134.

9 Ibid. 136.

10 Ibid. (I) 112 (453rd Meeting, May 30, 1958).

11 Ibid. 194.

12 Ibid. Cf. similar view of Mr. Kadhabinod Pal, ibid. 195.

13 Ibid. 112.

14 Ibid. 196.

15 Cf. views of Mr. Yuen-li Liang, Secretary of the Commission, ibid. 197.

16 Art. 44, par. 2(b).

17 Cf. views of Mr. Liang and Mr. Tunkin, loc. cit. 197.

18 Ibid. (II) 105.

19 U.N. Doe. A/4164, Annex, p. 52.

20 1960 I.L.C. Yearbook ( I ) 146.

21 Ibid. 147.

22 Ibid. 150.

23 Ibid. 312.

24 Art. 64 of the Commission’s provisional draft of 1960 on Consular Intercourse and Immunities, Report of the Commission covering the Work of Its Twelfth Session, 1960 (U.N. Doe. A/4425), pp. 34–35; 55 A.J.I.L. 300 (1961).

25 U.N. Doc. A/CONP. 20/C.l/SR. 37 (afternoon meeting of March 30, 1961), pp. 5–9.

26 See above, p. 475.

27 U.N. Doc. A/CONF. 20/SR. 10, p. 8.

28 U.N. Doc. A/CN.4/136, April 3, 1961, Comments by Governments on the 1960 draft articles on Consular Intercourse and Immunities, p. 22; Report of the International Law Commission covering the Work of Its Thirteenth Session, 1961 (U.N. Doc. A/4843), Annex I, p. 63.

29 U.N. Doe. A/CN.4/137, April 13, 1961, p. 26. Italics in the original.

30 Report of the International Law Commission covering the Work of Its Thirteenth Session, 1961 (U.N. Doc. A/4843), p. 39; 56 A.J.I.L. 353 (1962).

31 Ibid.