CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THE NONǧLEGALLY BINDING INTERNATIONAL AGREEMENTS AND OTHER TOPICS … dispute settlement). 16 The ILC also adopted draft guideline 6 that originally aimed at the concept of the rule of law but was changed by the Drafting Committee into a provision on requirements for arbitration and judicial settlement. 17 All in all, it seems that a general and formal character of draft guidelines is the reason of (and the price for) their relatively fast adoption by the Commission. As to the future programme of work, the next report will address “non-international” disputes, that is, mostly disputes between international organizations and private persons. 18 2.4 Prevention and repression of piracy and armed robbery at sea With respect to this topic, the Commission had before it the second report of Special Rapporteur Yacouba Cissé that aims to describe and analyse regional approaches to addressing piracy and armed robbery at sea. 19 Chapter II addresses the practice of international organizations involved in combating piracy and armed robbery at sea, such as the United Nations, the International Maritime Organization (IMO), and the North Atlantic Treaty Organization (NATO). Chapter III covers the practice of regional and subregional organizations with regard to the prevention and repression of piracy and armed robbery at sea. Finally, in chapter IV, bilateral practices for combating piracy and armed robbery at sea are examined. In the end of his report, the Special Rapporteur proposed draft articles 4, 5, 6, and 7, which deal respectively with general obligations of states, obligation of prevention, criminalization under national law, and establishment of national jurisdiction. However, on the basis of the report of the Drafting Committee, the Commission provisionally adopted only the significantly redrafted Article 4 (General obligations). 20 Regarding the future programme of work, the Special Rapporteur intends to conduct a detailed study of the doctrine on different issues relating to the prevention and repression of piracy and armed robbery at sea. This will include reviewing doctrinal approaches to various matters relating to conceptions of the definition of piracy, questions concerning prevention and repression, regional and international cooperation, issues relating to domestic jurisdiction, and the universal jurisdiction of states. 21 However, the programme of work may also change, as in the end of the session (on 2 August), Mr. Louis Savadogo was appointed as the new Special Rapporteur to replace Mr. Yacouba Cissé, who had resigned as Special Rapporteur for the topic 16 Ibid .: ‘The means of dispute settlement, including arbitration and judicial settlement, as appropriate, should be made more widely accessible for the settlement of disputes between international organizations or between international organizations and States.’ 17 See UN doc. A/CN.4/L.998/Add.1 (2024): ‘Arbitration and judicial settlement shall conform to the requirements of independence and impartiality of adjudicators and due process.’ 18 A/CN.4/766, p. 85. 19 See UN doc. A/CN.4/770 (2024). 20 See UN doc. A/CN.4/L.1000 (2024): ‘States undertake to prevent and to repress piracy and armed robbery at sea, in conformity with international law, through: (a) taking effective legislative, administrative, judicial or other appropriate measures; and (b) cooperating to the fullest possible extent with other States and competent international organizations at the international, regional and subregional levels.’ 21 A/CN.4/770, p. 35, para. 100.

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