CYIL vol. 12 (2021)

pavel šturma CYIL 12 (2021) with 16-hour difference of time for various members, why the Commission was not able to simply shift from physical meetings to virtual meetings in 2020. Put simply, even the UN as a whole and the ILC secretariat did not have any technical platforms adapted to an interactive debate in the 6 official languages. It became possible only in the Spring 2021 when, at the request from the Commission, the UN administration allowed it to use the platform Zoom with interpretation. Still, the hybrid mode, together with some UN rules, made the ILC adjust its methods of work. In order to give a chance to members from the Americas to participate (on-line or with their pre-recorded statements), the Commission started plenary meetings at 11 AM Geneva time. They last two hours (instead of three) because of interpreters, in particular, during the first part. They were longer at the end of the session. The Commission decided to forgo coffee breaks and to divide the time available into six slots. It means that the time for plenary statements, which were sometimes quite long, was limited to 20 minutes. In order to give the real and effective chance for all members to be involved, the main decisions were taken in the afternoon meetings (between 3 and 5 PM Geneva time). However, this time was mainly reserved for Drafting committees that need to be interactive. 2. The topics on the Agenda of the ILC In 2021, the Commission had a total number of six topics on the agenda. In addition, two topics, “Peremptory norms of general international law ( jus cogens )” and “Protection of the environment in relation to armed conflicts”, adopted on its first reading in 2019, awaiting the second reading to take place in 2022. During the 11-week session of 2021, the ILC was able to discuss the following topics: “Protection of the atmosphere”, “Provisional application of treaties”, “Immunity of State officials from foreign criminal jurisdiction”, “Succession of States in respect of State responsibility”, and “General principles of law”. Moreover, the Study Group on “Sea-level rise” also met and discussed the first issue paper. The Commission successfully completed its debate and adopted, on its second reading, draft guidelines with commentaries on the topic Protection of the atmosphere and the draft Guide to Provisional Application of Treaties, together with commentaries. Other topics represent the work in progress, some of them are closer to a final product, while the others are still at the early stage of study by the ILC. Therefore, this contribution will provide some brief information on all topics on the programme of the Commission. 2.1 Protection of the atmosphere This year, the Commission had before it the sixth report of the Special Rapporteur Shinya Murase, 2 as well as comments and observations from Governments and international organizations. 3 The report examined the comments and observations made by Governments and others on draft guidelines adopted on first reading and made recommendations for each draft guideline. The text adopted and included in chapter IV of the Report of the ILC comprises a draft preamble and 12 draft guidelines. The preamble recalls, inter alia , that the atmosphere is

2 UN doc. A/CN.4/736. 3 See UN doc. A/CN.4/735.


Made with FlippingBook - Online catalogs