10 December 1981

Report of the International Law Commission on the work of its thirty-third session

The General Assembly,

Having considered the report of the International Law Commission on the work of its thirty-third session,

Emphasizing the need for the progressive development of international law and its codification in order to make it a more effective means of implementing the purposes and principles set forth in the Charter of the United Nations and in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations and to give increased importance to its role in relations among States,

Noting with appreciation that at its thirty-third session the International Law Commission, pursuant to General Assembly resolutions 34/141 of 17 December 1979 and 35/163 of 18 December 1980, completed the second reading of the draft articles on succession of States in respect of State property, archives and debts, and commenced the second reading of the draft articles on treaties concluded between States and international organizations or between international organizations,

Noting further with appreciation the progress made at that session by the International Law Commission on State responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of States and their property and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier,

Taking note of the intention of the International Law Commission to appoint a new special rapporteur on the topic "the law of the non-navigational uses of international watercourses" and stressing the desirability of the Commission doing so at the commencement of its thirty-fourth session, thus ensuring continuity of its work on the topic,

Recognizing the importance of referring legal and drafting questions to the Sixth Committee, including topics which might be submitted to the International Law Commission, thus enabling the Commission further to enhance its contribution to the progressive development of international law and its codification,

1. Takes note of the report of the International Law Commission on the work of its thirty-third session;

2. Expresses its appreciation to the International Law Commission for the work accomplished at that session;

3. Recommends that, taking into account the written comments of Governments as well as views expressed in debates in the General Assembly, the International Law Commission should:

(a) Complete at its thirty-fourth session the second reading of the draft articles on treaties concluded between States and international organizations or between international organizations adopted at its twenty-sixth, twenty-seventh and twenty-ninth to thirty-second sessions, also taking into account the written comments of principal international organizations;

(b) Continue its work aimed at the preparation of draft articles on part two of the draft on responsibility of States for internationally wrongful acts, bearing in mind the need for the second reading of the draft articles constituting part one of the draft; international liability for injurious consequences arising out of acts not prohibited by international law; the law of the non-navigational uses of international watercourses; jurisdictional immunities of States and their property and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier;

(c) Continue its study of the second part of the topic of relations between States and international organizations;

4. Endorses the conclusion reached by the International Law Commission regarding the establishment, at its thirty-fourth session, of general objectives and priorities which would guide its study of the topics on its programme of work within the term of office of Commission members elected at the present session of the General Assembly;

5. Expresses its satisfaction with the conclusion of the International Law Commission that it will continue to keep under review the possibility of improving further its present procedures and methods with a view to the timely and effective fulfilment of the tasks entrusted to it;

6. Reaffirms its previous decisions concerning research projects and studies required by the work of the International Law Commission and the increased role of the Codification Division of the Office of Legal Affairs of the Secretariat, as well as those concerning the need for continuing provision of summary records of the Commission's meetings;

7. Urges Governments to respond as fully and expeditiously as possible to the requests of the International Law Commission for comments and observations on its draft articles and questionnaires and for materials on topics on its programme of work;

8. Reaffirms its wish that the International Law Commission will continue to enhance its co-operation with legal organs of intergovernmental organizations whose work is of interest for the progressive development of international law and its codification;

9. Expresses the wish that seminars will continue to be held in conjunction with sessions of the International Law Commission and that an increasing number of participants from developing countries will be given the opportunity to attend those seminars;

10. Requests the Secretary-General to forward to the International Law Commission, for its attention, the records of the debate on the report of the Commission at the thirty-sixth session of the General Assembly and to prepare and distribute a topical summary of the debate.