CYIL 2012

PAVEL ŠTURMA CYIL 3 ȍ2012Ȏ third of the membership is new may have certain influence on the debate within the Commission. However, they belong to different regional groups, representing thus different legal systems of the world. Moreover, they are different personalities. Generally speaking, “new” does not always mean more progressive, and “old” does not necessarily imply more conservative. Regarding the programme of the ILC, after the completion of three major topics in 2011, the Commission had to look to the future. The draft articles on Expulsion of aliens were adopted on the first reading and there is a good chance for the completion of this topic before the end of the quinquennium. What else will be the essential programme of the Commission in the next four years? It seems that one important part of the topics is those related to the law of treaties, including “Provisional application of treaties”, “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (formerly Treaties over time) and, in a sense, also the “Most-Favoured-Nation clause”. One can add to the law of treaties another topic dealing with “secondary” or “systemic” rules of international law, namely the newly included topic “Formation and evidence of customary international law”. Indeed, some members complained that the ILC would focus only on issues of the law of treaties or sources of international law. However, the above topics are suitable for codification and progressive development of international law and most members of the Commission and States support the work on them. As to other substantive rules of international law, it seems to be most important to shed new light on the topic of Immunities of State officials. The ILC should also accelerate the work to complete the topic “Protection of persons in the event of disasters”. On the other hand, it seems to be still an open question as to how to proceed with “The obligation to extradite or prosecute”. At the same time, some members, including new members, may propose inclusion of some topics from the long-term programme of work or entirely new topics. In spite of different views on various issues, most members of the Commission take their work very seriously and want the Commission to remain a relevant actor in the progressive development and codification of international law.

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