CYIL vol. 13 (2022)

PAVEL ŠTURMA CYIL 13 ȍ2022Ȏ Article 18 is the last of the draft articles and concerns the settlement of disputes that may arise between the forum State and the State of the official. 71 2.4 Succession of States in respect of State responsibility With respect to this topic, the Commission had before it the fifth report of the Special Rapporteur. 72 In the report, divided into four parts, the Special Rapporteur provided an updated overview of the work on the topic undertaken thus far. He then examined the question of a plurality of injured successor States and a plurality of responsible successor States. He also proposed a new scheme for the consolidation and restructuring of the draft articles referred to the Drafting Committee at previous sessions. No new draft articles were proposed. The plenary debate concerned the issues of plurality of States and, in particular, the issue of form of the outcome. On 17 May 2022, the Commission decided, on the recommendation of the Special Rapporteur, to instruct the Drafting Committee to proceed with the preparation of the draft guidelines on the basis of the provisions previously referred to the Drafting Committee. On 14 July, the Commission received the report of the Drafting Committee 73 and provisionally adopted draft guidelines 6, 10, 10bis, and 11, which had been provisionally adopted by the Drafting Committee in 2018 and 2021, as well as draft guidelines 7bis, 12, 13, 13bis, 14, 15, and 15bis, which were discussed and provisionally adopted at the present session. On its meetings from 29 July to 4 August, the Commission adopted the commentaries thereto. Because of the change of form of the outcome, the Commission also took note of draft Articles 1, 2, 5, 7, 8, and 9 transformed into draft guidelines. The commentaries to these provisions were already published in 2018, 2019, and 2021. This means that all but one draft guidelines (earlier articles) were discussed by the Drafting Committee and eventually adopted by the Commission. The topics is thus close to adoption on a first reading, which did not happen for the lack of time, in particular the limited time for the Drafting Committee. Therefore, the report includes not only 11 draft guidelines with commentaries but also recalls six other provisions. To better understand all these guidelines (not yet renumbered, again because of lack of time scheduled for the Drafting Committee), they should be read in the light of the structure proposed in the fifth report of the Special Rapporteur. Part One (General provisions) should include guideline 1 (Scope), guideline 2 (Use of terms), guideline 5 (Cases of succession covered by the present draft guidelines), guideline 6 (No effect upon attribution), guideline 7 (Acts having a continuing character), guideline 7 bis (Composite acts), and guideline 8 (Attribution of conduct of an insurrectional or other movement). Next draft guidelines constitute what is to be Part Two (Reparation for injury resulting from internationally wrongful acts committed by the predecessor State). They are as follows: guideline 9 (Cases of succession of States when the predecessor State continues to exist),

71 Ibid., pp. 276–280. 72 UN doc. A/CN.4/751. 73 See doc. A/CN.4/L.970.

382