13 Oct 2017
Mr. Chairman,
1. Singapore participated actively in the important debate generated by the Commission’s work on this topic in 2011 and 2014. We welcome this opportunity to do so again. This time, Singapore has benefited from the Secretary-General’s valuable reports A/72/80 and A/72/81.
Mr. Chairman,
2. Singapore does not support the elaboration of a convention on the basis of these articles. First, Singapore is not convinced that the articles, taken as a whole, embody consensus views on the law relating to responsibility of international organizations. We reviewed the two reports prepared by the Secretary-General carefully and with great interest. A/72/80 does not show any change in the overall view on the question of form since the Sixth Committee last considered this topic in 2014. A/72/81 does not show that the articles were specifically cited, on those occasions, as reflections of existing law.
3. Second, it is not appropriate to elaborate a convention on the basis of these articles so long as there is no consensus to do the same for the Articles on State Responsibility – also a Commission project on the secondary rules of international law.
4. Third, Singapore values the Commission’s contribution to progressive development of the law in the form of these articles and its commentaries. We draw special guidance from the general commentary, which is a significant statement from the Commission on the proper legal weight to be attached to these articles in practice. Apart from the many legal questions that already confront us in the everyday life of an international organization, today, interesting policy issues also arise with the establishment of international organizations under national private law. These organizations have sophisticated mixed membership structures and, in some cases, undertake mandates and operations comparable to those of intergovernmental organizations. We consider that the Commission’s work can provide useful inspiration for creative legal and policy solutions to these and other issues, without necessarily remaining on the provisional agenda of a future session.
Thank you, Mr Chair.
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