CYIL vol. 12 (2021)

CYIL 12 (2021) PROVISIONAL APPLICATION OF TREATIES, PROTECTION OF THE ATMOSPHERE … traditional study group. 19 First, the issues paper is not an informal, working paper but an official document issued in all official languages of the United Nations. Second, the number of meetings scheduled for the Study Group is similar to other topics and its work is reflected in a chapter of the ILC report. Third, the number of co-chairs (five) is unusually high, as the study groups in past had only one or two chairs. They act as both the convokers and chairs of the Group and special rapporteurs on various issues. Finally, the increasing interest in the topic has been proved by the fact that most members of the Commission joined this Study Group. On balance, the unusual, hybrid character of the Group also gave rise to an extensive debate on its methods of work and the nature of outcomes (substantive reports). As a matter of substance, the comments expressed in the debate on the first issue paper include an interpretation of the United Nations Convention on the Law of the Sea, in particular the question of ambulatory or fixed baselines, permanency of the exclusive economic zone and the continental shelf, the question as to whether sea-level rise would constitute a change of circumstances (under Article 62 of the Vienna Convention on the Law of Treaties), or the issue of islands, artificial islands, and rocks. With regard to the future programme of work, the Study Group will prepare, on the basis of the discussion in the Group at this session, a final report on issues relating to the law of the sea. However, it will be in the first two years of the following quinquennium. Next year (2022), the Study Group will address issues related to statehood and the protection of persons affected by sea-level rise, under the guidance of the co-chairs Ms. Patrícia Galvão Teles and Mr. Juan José Ruda Santolaria. 20 3. Conclusion The 72 nd session of the ILC took place in the difficult circumstances of Covid-19, after one year’s break. Nevertheless, the Commission had a very busy and productive programme. It completed two topics, namely Protection of the atmosphere and Provisional application of treaties, on second reading. Those are, without a doubt, significant achievements. By contrast, the Commission still has much to do with respect to the envisaged adoption of draft articles on immunity of state officials. In spite of the progress made regarding two other topics, the Drafting Committee needs to have allocated more time to deal with the pending draft articles on Succession of states in respect of State responsibility and draft conclusions on General principles of law. When it comes to the topic of sea-level rise, welcomed by most states and most members of the Commission in 2019, the debate on the first issues paper revealed the complexity of the topic and questions concerning both the methods and substance. Next year, which will be the last year of the quinquennium, the Commission will also have two second readings concerning the topics “Protection of the environment in relation to armed conflicts” and “Peremptory norms of general international law ( jus cogens )”. In addition, the adoption of draft articles on Immunity of state officials is expected on first reading. That is why the ILC adopted the proposal to have up to 12 weeks allocated for its session in 2022. The Commission should also speed up the work on many proposals left in the Drafting Committee. Sufficient time should also be reserved for meetings of the new Study Group on Sea-level rise and for the Working Group on Methods of work.

19 See also UN doc. A/CN.4/L.949, p. 13. 20 Ibid., p. 15.

437