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The Impact Of The Ilc's Articles On Responsibil...



ARTO HAAPEA ( Finland) noted, for the Nordic Countries, that 25 references had been made to the articles and their commentaries by courts, tribunals and other bodies since their adoption in 2005. The articles were regularly invoked as the basis for decisions, as established rules or as part of customary international law, which reflected the strong and authoritative impact of the articles on international dispute settlement. The articles were in the strongest possible position as an annex to a resolution. They reflected a widely shared consensus despite a difference of views on details. Holding a diplomatic conference aimed at producing a convention could jeopardize the delicate balance built into the articles. He said it would not be advisable to embark on negotiations for a convention on State responsibility for internationally wrongful acts.




the impact of the ilc's articles on responsibil...



Regarding future action on the articles, three options were considered: (1) the negotiation of a convention on the basis of the articles; (2) the adoption of the articles by the General Assembly in the form of a declaration or resolution; or (3) the retention of the articles in their present form with no further action. Delegations looked forward to discussing the future of the articles in the framework of a working group. Several delegations pointed out that the decision on a future course of action should not be deferred, also because such a decision would have an impact on other projects of the International Law Commission such as the articles on diplomatic protection and the articles on the responsibility of international organizations. It was suggested that any decision on how to proceed with respect to the articles should be done by consensus, given their seminal nature and central importance to public international law. As an intermediate measure, it was proposed that the working group could meet annually to allow for a thorough step-by-step discussion on the future of the articles, possibly on the basis of an options paper on the different methods of work and procedures prepared by the Secretary-General. 041b061a72


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