03 Nov 2022
Mr Chair,
1 The International Law Commission’s extensive work on the articles and the accompanying commentaries remain a significant contribution to the ongoing discourse on the topic of diplomatic protection. Insofar as some aspects of the articles reflect State practice and are consistent with customary international law, the articles provide welcome clarity on the state of the law.
2 That said, any legal framework on diplomatic protection must ultimately be constructed on the basis of international consensus and mutual understanding for it to have a solid foundation and endure the test of time. We note that several States continue to have reservations over adopting a convention based on the present articles. There are also aspects of the articles that demonstrate progressive development of the law, and these would be a useful reference point for States to continue dialogue on this topic.
3 We agree with other delegations that this topic is closely linked to the topic of State responsibility for internationally wrongful acts. The commentaries on the articles on diplomatic protection also explicitly acknowledge this. Any future action on this topic should therefore track the developments on that topic.
4 Thank you for your attention.
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