The Expulsion of Aliens (Revisited) and Other Topics: The Sixty-Sixth Session of the International Law Commission
109 American Journal of International Law (2015 Forthcoming)
22 Pages Posted: 20 Dec 2014
Date Written: December 18, 2014
The International Law Commission held its sixty-sixth session in Geneva from May 5 to June 6, and from July 7 to August 8, 2014, under the chairmanship of Kirill Gevorgian (Russian Federation). Notably, the Commission revisited on “second reading” its work concerning the expulsion of aliens, so as to finalize thirty-one draft articles (with commentaries). The general thrust of this project has been to acknowledge the sovereign right of a States to expel an alien from its territory, but to identify or propose the rules that the State must follow when doing so that are protective of the rights of the alien. Additionally the Commission adopted on “first reading” twenty-one draft articles relating to the protection of persons in the event of disasters, along with commentaries. These draft articles address the rights and obligations of States affected by natural or man-made disasters, as well as the rights and obligations of States and international organizations that provide assistance to an affected State. Moreover, the Commission finalized its work on the topic of the obligation to extradite or prosecute (aut dedere aut judicare).
Work continued on several other topics on the Commission’s agenda: subsequent agreements and subsequent practice in relation to the interpretation of treaties; protection of the atmosphere; immunity of State officials from foreign criminal jurisdiction; identification of customary international law; protection of the environment in relation to armed conflicts; provisional application of treaties; and the most-favored-nation clause. A new topic of crimes against humanity was added to that agenda, while another new topic on jus cogens was placed on the long-term work program.
Keywords: International Law Commission, expulsion, treaties, disasters, immunity, customary international law
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