CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THE NONǧLEGALLY BINDING INTERNATIONAL AGREEMENTS AND OTHER TOPICS … the relatively new topic Prevention and repression of piracy, the work continues relatively slow, and the Special Rapporteur resigned after the submission and discussion of two reports. Finally, when it comes to the topic Succession of States in respect of State responsibly, almost completed for the first reading in 2022, it suffers from the lack of interest after the end of mandate of former Special Rapporteur. The Commission in its new composition does not show interest in the continuation of works; it instead established a Working Group that discussed how to close the topic. It seems that the Commission is reluctant to codify and develop rules of general international law in the form of draft articles or guidelines. Maybe, it is afraid of the critical reaction of some Member States. Instead, it prefers to work on topics that can hardly be called codification, such as the issue papers prepared and discussed by the Study Group on the Sea-level rise. Despite the politically and legally interesting questions relating to this phenomenon, the work wears a style of rather academic debate on many questions. Sometimes, the papers and debate reverted to certain already open and discussed questions. The broad scope of questions and diverse views of members of the Commission may appear to undermine a quest for some practice-oriented conclusions in the final report to be adopted in 2025. Nevertheless, not all topics that do not envisage the final outcome in the form of draft articles should be criticized. In some cases, even conclusions or guidelines are appropriate and can bring a useful contribution to practice. This may be the case with the new topic presented on the basis of his first report Special Raporteur M. Forteau. The rich content of the report and the following plenary debate is promising in a sense that this topic could shed more light on a largely neglected but practically relevant issue of non-legally binding international agreements, even though a term other than “agreements” would be preferable. All in all, it seems that the next year means for the Commission not only the middle of its current quinquennium but also a crossroad. Let us hope that the Commission proves its commitment to codification of international law.

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