Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission

Forthcoming in the American Journal of International Law (October 2016)

GWU Law School Public Law Research Paper No. 2016-51

GWU Legal Studies Research Paper No. 2016-51

33 Pages Posted: 9 Oct 2016

See all articles by Sean D. Murphy

Sean D. Murphy

George Washington University - Law School

Date Written: 2016

Abstract

The International Law Commission held its sixty-eighth session in Geneva from May 2 to June 10, and from July 4 to August 12, 2016, under the chairmanship of Pedro Comissário Afonso (Mozambique). Notably, the Commission completed on second reading a full set of eighteen draft articles with commentary on the protection of persons in the event of disasters and recommended to the United Nations General Assembly that it elaborate a convention based on the draft articles.

Additionally, the Commission adopted on first reading a complete set of draft conclusions, with commentary, for two topics: identification of customary international law; and subsequent agreements and subsequent practice in relation to the interpretation of treaties. As such, both topics might be completed by the Commission on second reading in 2018.

Progress was also made in developing draft articles on crimes against humanity; draft guidelines on protection of the atmosphere; draft conclusions on jus cogens; and draft principles on protection of the environment in relation to armed conflicts. The Commission commenced a debate on a proposed draft article on “limitations and exceptions” to the immunity of state officials from foreign criminal jurisdiction, but, due to insufficient time, the debate will continue in 2017. Furthermore, an additional proposed guideline on the provisional application of treaties was sent to the drafting committee. The Commission decided to add two new topics to its long-term work program: the settlement of international disputes to which international organizations are parties; and succession of states in respect of state responsibility.

Keywords: International Law Commission, disasters, human rights, atmospheric protection, customary international law, crimes against humanity, interpretation of treaties, provisional application of treaties, environment in armed conflict, immunity, jus cogens

JEL Classification: K33

Suggested Citation

Murphy, Sean D., Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission (2016). Forthcoming in the American Journal of International Law (October 2016); GWU Law School Public Law Research Paper No. 2016-51; GWU Legal Studies Research Paper No. 2016-51. Available at SSRN: https://ssrn.com/abstract=2848992

Sean D. Murphy (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-8763 (Phone)
202-994-5654 (Fax)

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