CYIL 2014

THE INTERNATIONAL LAW COMMISSION AT THE MIDǧPOINT OF ITS QUINQUENNIUM report of the Drafting Committee. The draft conclusions with commentaries will be adopted by the Plenary during the next session. The Special Rapporteur also indicated that the third report would address the various aspects pertaining to international organizations, the relationship between customary international law and treaties, as well as resolutions of international organizations, the questions of the “persistent objector” and regional, local and bilateral custom. 29 2.8 Protection of the environment in relation to armed conflict Concerning this topic, the Commission had before it the preliminary report of the Special Rapporteur, Ms. Marie Jacobsson. 30 The report presented an overview of views expressed by delegates in the Sixth Committee of the General Assembly, practice of States and international organizations, the scope and methodology of the topic, based on the three-phased approach (obligations arising prior, during and after an armed conflict). It also included the use of terms, environmental principles, and human and indigenous peoples’ rights. In view of its preliminary character, the report did not include any draft conclusions. The report was followed by a fairly extensive debate in Plenary, addressing all issues of the report and including constructive criticism. The Special Rapporteur was in full agreement with those members who expressed that further examination of the linkages between environmental principles, human rights law and armed conflict was necessary. She also recalled that the purpose of her report was to seek views on peacetime obligations before proceeding to the second report and the development of guidelines, conclusions or recommendations on both phases I and II. 31 2.9 Provisional application of treaties In relation to the topic “Provisional application of treaties”, the Commission considered the second report of the Special Rapporteur J.M. Gómez-Robledo. 32 The report continued to discuss on general issues, methodology and outcome of the topic. In particular, it highlighted two points. First, the provisional application of treaties produces legal effects and is capable of creating certain rights and obligations under international law. Second, the Commission need not concern itself with the domestic legislation of States; therefore the analysis of the provisional application of treaties will focus on its legal effects at the international level. However, his proposal to see a legal basis for the provisional application of treaties in unilateral acts of States met mostly critical reactions. Since the second report did not include any draft articles or conclusions, its consideration was limited to rather brief but rich debate during two plenary meetings.

29 See doc. A/CN.4/L.843 (2014), p. 12, § 50. 30 See doc. A/CN.4/674 (2014). 31 See doc. A/CN.4/L.845 (2014), pp. 7-8, § 29, 36. 32 See doc. A/CN.4/675 (2014).

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