CYIL vol. 14 (2023)

PAVEL ŠTURMA CYIL 14 (2023) interpretative declaration on the UN Convention on the Law of the Sea, or a draft framework convention. It was also suggested that any outcome of the Commission’s work on the topic should guarantee the sovereign rights of States over their maritime spaces. At the seventy fifth session (2024), the Study Group will focus on the subject of sea-level rise in relation to statehood and protection of persons affected by sea-level rise. In 2025, the Study Group will seek to finalize a substantive report on the topic as a whole. 2.6 Other issues During this session, the Commission also dealt with other issues. First, the ILC decided to appoint Mr. Claudio Grossman Guiloff as Special Rapporteur for the topic “Immunity of State officials from foreign criminal jurisdiction” to replace Ms. Concepción Escobar Hernández who was no longer member of the Commission. In July 2023, the new Special Rapporteur held informal consultations on the topic. The Commission awaits comments and observations of Governments to resume consideration of this topic on second reading at its next session in 2024. 26 Regarding the topic “Succession of States in respect of State responsibility”, the Commission established a Working Group, chaired by Mr. August Reinisch, in order to consider the way forward on this topic. Upon receiving the oral report of the Working Group, the Commission took note of the recommendations of the Group. The recommendations included, inter alia , the view that the ILC should not proceed with the appointment of a new Special Rapporteur, and that the Working Group should be re-established in 2024 with a view to undertaking further reflection on the topic. 27 This seems to be a rather unusual and problematic approach, given the fact that the topic was at the very advanced stage, close to the completion of draft guidelines on first reading. Finally, the Commission took a decision on inclusion of a new topic in the programme of work. It decided to include the topic “Non-legally binding international agreements” in its programme and to appoint Mr. Mathias Forteau as Special Rapporteur. 28 3. Conclusions The first year of the new quinquennium was not a business as usual in several aspects. First, the Commission met in its new composition with 18 new members. The fact that more than one half of the membership has changed brings a new dynamic in the work of the Commission. Second, the programme of work of the ILC has also changed considerably. The Commission had before it no less than three first reports on new topics, namely “Settlement of international disputes to which international organizations are parties”, “Prevention and repression of piracy and armed robbery at sea”, and “Subsidiary means for the determination of rules of international law”. The only continuing topics considered by the ILC this year were “General principles of law” and the Study Group on “Sea-level rise in relation to international law”.

26 See Report of the ILC, ibid., p. 109, para. 250. 27 Ibid., pp. 107–108. 28 Ibid., p. 109, para. 149.

450