CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THE NONǧLEGALLY BINDING INTERNATIONAL AGREEMENTS AND OTHER TOPICS … previous works of the ILC that related, though indirectly, to the issue of non-legally binding agreements, 28 as well as the works of other bodies, such as CAHDI and the Institut de Droit International . 29 Then, the Special Rapporteur highlighted five issues on which he invited the Commission members to take position. First, he emphasized the importance of ensuring that the Commission’s work was as representative and geographically diverse as possible. Second, he recalled that there had been proposals from some states to replace the word “agreements” in the title of the topic with another term, such as “instruments” or “arrangements”. However, he explained why to keep the term “agreements”. Third, the Special Rapporteur emphasized that the scope of the topic should include only “agreements” and not other types of non legally binding instruments. Fourth, he identified in chapter VIII of the first report three general categories of questions: (a) criteria for distinguishing treaties from non-legally binding international agreements; (b) regime of non-legally binding international agreements; and (c) potential legal effects of such agreements. 30 Fifth, the members of the Commission were invited to express their views on the form of the final outcome (draft conclusions), proposed by the Special Rapporteur in chapter IX of the first report. 31 The first report gave rise to a rich plenary debate that concerned the above-mentioned issues. The largest number of views were expressed on the scope and terminology of the topic. Several members suggested that the terms “instruments” or “arrangements” could be more appropriate than “agreements”. However, these terms have other disadvantages. As pointed out some members (including the Special Rapporteur), the most precise term may be “ actes concertés non conventionnels ” in French, which would be difficult to translate into the other official languages of the United Nations. Thus, the Special Rapporteur strongly suggested keeping the original title of the topic. Similarly, many comments were made on the issue of the regime and the (potential) legal effects of non-legally binding international agreements. Some members criticized the terms “regime” and “legal effects” and suggested some alternatives. The Special Rapporteur also admitted that that the use of the term “potential legal effects” might have been imprudent and highlighted suggestions by some members for alternatives, such as “implications” or “consequences”. 32 Regarding the future programme of work, the second report will focus on the scope of the topic and, in particular, the criteria for distinction between treaties and non-legally binding internationally agreements. 2.7 Other issues In addition to the above-described topics, the Commission also dealt with other issues. Regarding the topic “Succession of States in respect of State responsibility”, which remained on its programme from the past quinquennium, the Commission seems to take an unusual attitude, preferring discontinuity to continuity of work. Unlike in other topics where the Commission proceeds with the appointment of a new Special Rapporteur with a view to

28 Ibid ., pp. 11–21. 29 Ibid ., pp. 21–29. 30 See Report of the ILC 2024 (A/79/10), p. 79, paras. 223–227. 31 Ibid ., p. 79, para. 228; doc. A/CN.4/772, p. 57. 32 Ibid ., p. 96, para. 292.

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