CYIL vol. 15 (2024)

MAREK ZUKAL by consensus (Russia did not even dissociate itself from the consensus or intervene with an explanation of position). This showed a lack of negotiating strategy and the fact that not all threats made during the negotiations (including the breaking of silence procedure) should be considered as credible. The resolution adopted by the plenary of the General Assembly, inter alia , invited States to engage in a substantive dialogue on the topic on an informal basis during the intersessional periods 10 , and decided that the General Assembly would consider the topic again at its 81 st session “with a view to further examining the recommendation of the International Law Commission contained in paragraph 85 (b) of its report on the work of its sixty-third session, namely to consider, at a later stage, the elaboration of a convention on the basis of the draft articles, or any other appropriate action, and invite[d] the Sixth Committee to consider at a later stage the framework, if any, in which it could continue its examination of this topic ” 11 . Other parts of the resolution were a technical roll-over of the resolution adopted in 2020. Succession of States in respect of responsibility The topic “Succession of States in respect of responsibility” was considered together with other topics contained in the report of the International Law Commission. The debate focused more on the future of the topic, rather than on its substance. The ILC has almost completed its work on draft guidelines on succession of States in respect of responsibility under the leadership of Professor Pavel Šturma, Special Rapporteur for the topic. However, the new composition of the ILC decided not to appoint a Special Rapporteur to complete the work on the draft guidelines, but decided to convene a working group instead. The working group, chaired by August Reinisch of Austria, “focused its discussion on considering the way forward for the topic, [namely] whether the Commission should continue developing a text in the Drafting Committee and proceed to conclude the first reading of the draft guidelines, or whether it should pursue a different course, as suggested in the [ILC] plenary in 2022 .” 12 The Czech Republic intervened in the debate with strong criticism of the Commission’s approach (which was a departure from the usual practice) and of the lack of justification for it. In contrast to the approach taken by the Commission, delegations in the Sixth Committee in 2022 generally expressed appreciation for the work of the Commission on the topic, welcomed consolidation of the work in the form of draft guidelines and highlighted the potential usefulness of such guidance to States; they also took note of the decision of the Commission to change the final form of its work to draft guidelines and highlighted potential relevance of guidelines to the progressive development of international law 13 , as evidenced by Topical Summary 14 of the discussions held. The General Assembly, in its resolution 10 Resolution of the General Assembly A/RES/78/114, adopted on 7 December 2023. Available here: https:// documents.un.org/doc/undoc/gen/n23/398/31/pdf/n2339831.pdf?token=98lXqXFw7m9c1ZYSSa&fe=true. 11 Ibid . 12 Report of the International Law Commission on the work of its seventy-fourth session (document A/78/10), para. 237. Available here: https://legal.un.org/ilc/reports/2023/english/chp9.pdf. 13 Topical summary of the discussion held in the Sixth Committee of the General Assembly during its seventy seventh session, prepared by the Secretariat (document A/CN.4/755), para. 28. Available here: https://documents. un.org/doc/undoc/gen/n23/035/36/pdf/n2303536.pdf?token=XDyaV8TwQsTBER12bW&fe=true. 14 Ibid ., para. 6.

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