Statement of the Permanent Mission of the Dominican Republic to the United Nations

October 7

Mr. Chairman

I have the honor to speak on behalf of the Community of Latin-American and Caribbean States, CELAC.

CELAC expresses its appreciation for the report of the Secretary General regarding diplomatic protection contained in document A/71/93, which contains comments and information received from Governments based on resolution 68/113.

The Group is of the view that diplomatic protection, as a legal institution, is of major importance in the relations between States.

CELAC therefore wishes to reiterate its appreciation to the International Law Commission for its permanent contribution to the codification and progressive development of international law; and in this regard for its work in the drafting of the Articles on Diplomatic Protection, wishing to highlight at the same time the importance of all Member States working together to ensure that the Commission's successful work is relevant and leads to international instruments.

Mr. Chairman,

The Draft Articles on Diplomatic Protection have been under consideration by States for the last ten years, since the International Law Commission adopted them during its 58th session in 2006. Particular attention has also been given to the recommendation of the International Law Commission that Governments should move towards the adoption of a convention based on the draft articles.

We consider diplomatic protection to be a well established institution of international law and many of the draft articles on this item reflect State practice and are recognized as customary international law; it is therefore important to work towards the adoption of an International Convention to enable the harmonization of State practice and jurisprudence in this topic.

Mr. Chairman,

CELAC is of the view that the formulation of a Convention on Diplomatic Protection would be a valuable exercise in addressing existing loopholes in international law and would serve to promote legal certainty and predictability in that important field. What is more, we think that such a convention would serve to enhance broadly the rule of law at all levels and contribute, in effect, to the peaceful settlement of disputes, taking into account that the Draft Articles are not applicable to the extent that they are inconsistent with special rules of international law, such as treaty provisions for the protection of investments.

A future Convention would also contribute to the codification of international human rights law in the area of human rights, including the protection of refugees and stateless persons, and would guarantee the right of every sovereign State to protect its nationals by invoking, at the State level, the responsibility of other States for injuries caused by internationally wrongful acts against its nationals.

Finally, Mr. Chairman, CELAC recognizes the existing link between the Draft Articles on Diplomatic Protection and those relating to the responsibility of States for internationally wrongful acts. We therefore regard progress in the area of State responsibility as facilitating the work on diplomatic protection.

The Community of Latin-American and Caribbean States reiterates its willingness to work together with all Delegations on a Convention on Diplomatic Protection based on the Draft Articles prepared by the International Law Commission.

Thank you.