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United Nations: International Law Commission Report on the Draft Articles Adopted at its Forty-Third Session

  • Stephen C. McCaffrey

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* [Reproduced from U.N. Document A/46/405 of September 1T7 1991. The Introductory Note was prepared for International Le.?a^ Materials by Stephen C. McCaffrey, University of the Pacific, McGeorge School of Law, and member of the International Law Commission of the United Nations, 1982-1991.]

1/ Report of the International Law Commission on the work of its forty-third session, 29 April-19 July 1991, (Official Records of the United Nations General Assembly, Forty-sixth Session, Supplement No. 10), A/46/10, para. 25.

2/ Article 11 of the draft as adopted on first reading was entitled “Commercial Contracts.” The corresponding article of the draft as adopted on second reading is article 10, “Commercial Transactions.“

3/ See article 2, para. 2.

4/ See article 10, para. 3.

5/ The General Assembly in effect suspended work on the Code in 1954 for the stated reason that it was closely related to the definition of aggression on which a special committee was working. See U.N. General Assembly Resolution 897 (IX) of December 4, 1954.

6/ See U.N. General Assembly Resolution 36/106 of December 10, 1981.

7/ Paragraph 2 of article 6 provides only that if more than one state requests extradition of an accused individual, “special consideration” is to be given to the “State in whose territory the crime was committed.“

8/ E.g., the question of penalties, discussed above; and whether all of the crimes included in the Code could be subject to paragraph 3 of article 3. Most members also agreed that article 14 on Defenses and Extenuating Circumstances would have to be elaborated upon considerably during the second reading process.

* A/46/150.

A' Official Records of the General Assembly. Forty-sixth Session. Supplement No. 10 (A/46/10).

* This article will be reviewed if an international criminal court is established.

* The reference to an international criminal court does not prejudge the question of the establishment of such a court.

United Nations: International Law Commission Report on the Draft Articles Adopted at its Forty-Third Session

  • Stephen C. McCaffrey

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