CYIL vol. 12 (2021)

pavel šturma CYIL 12 (2021) Committee. This happened during the second part of the session; therefore the Commission should adopt these draft articles with commentaries only next year. The lack of time did not allow the Committee (and eventually the Commission) addressing other draft articles. 2.5 General principles of law With regard to this topic, the Commission had before it the second report of the Special Rapporteur Marcelo Vázquez-Bermúdez, 16 which discussed the identification of general principles of law in the sense of Article 38, paragraph 1c) of the Statute of the ICJ. The most complicated part that gave rise to the big and controversial debate was Part Three of the report concerning the identification of general principles of law formed within the international legal system. Following the debate in plenary, the Commission decided to refer draft conclusions 4 (Identification of general principles of law derived from national legal systems), 5 (Determination of the existence of a principle common to the principal legal systems of the world), 6 (Ascertainment of transposition to the international legal system), 7 (Identification of general principles of law formed within the international legal system), 8 (Decisions of courts and tribunals), and 9 (Teachings), taking into account the comments made in plenary. At this session, the ILC received and adopted the report of the Drafting Committee on draft conclusions on: 1 (Scope), 2 (Recognition), and 4 (Identification of general principles of law derived from national legal systems), together with commentaries. According to the last conclusion, to determine the existence and content of such general principle of law, “it is necessary to ascertain: (a) the existence of a principle common to the various legal systems of the world; and (b) its transposition to the international legal system”. 17 Furthermore, the Commission took note of draft conclusion 5, provisionally adopted by the Drafting Committee. The Commission may adopt this and other draft conclusions at its next session. 2.6 Sea-level rise in relation to international law When it comes to this topic, the ILC reconstituted the Study Group, which had before it the first issues paper concerning issues relating to the law of the sea, prepared by two of the co-chairs of the Study Group, Mr. Bogdan Aurescu and Ms. Nilüfer Oral. 18 It also had several informal contribution papers and comments submitted by members. During the first part of the session, the Study Group organized a “plenary-like” debate on various matters addressed in the first issues paper over five meetings. Then, the Study Group undertook an interactive discussion, over three further meetings held during the second part of the session. The Study Group on sea-level rise in relation to international law differs from other topics on the programme of the ILC, which usually involve reports of the Special Rapporteur, debate in plenary and work of the Drafting Committee on draft articles, guidelines, or conclusions. Of course, this topic is not suitable for draft articles or other similar outcomes. However, this Study Group is also different in some respects from the older practice of study groups within the Commission. It appears to be hybrid between the special rapporteur format and

16 UN doc. A/CN.4/741 and Corr.1. 17 UN doc. A/CN.4/L.948/Add.2, p. 2. 18 UN doc. A/CN.4/740 and Corr.1 and Add.1.

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