A Review of the International Law Commission’s Guidelines on the Protection of the Atmosphere

Abstract

The International Law Commission (ILC) adopted a set of twelve Draft Guidelines on the protection of the atmosphere on first reading in 2018. This project, led by Special Rapporteur Shinya Murase, could have provided the first authoritative interpretation of the general international law applicable, in particular, to climate change. Yet, the work of the ILC on the topic largely failed to comprehend the relevant rules. This review reveals numerous shortcomings of the Draft Guidelines and makes suggestions for the second reading.

Keywords: International Law Commission, Protection of the Atmosphere, Climate Change, Codification