October 7

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

 

Mr. Chairman,

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

CELAC takes note and thanks the Secretary General for his reports related to the subject matter of today's debate: the responsibility of States for internationally wrongful acts, contained in the documents A/71/80 and A/71/79.

The responsibility of States for internationally wrongful acts has been a lengthily and deeply analyzed subject. It should be recalled that the International Law Commission, through several rapporteurs, worked hard during almost 50 years in order to develop the draft articles. Similarly, it has been 15 years since the draft articles have been under consideration of this General Assembly.

The reason of such exhaustive reflection is clear: the responsibility of States is a crosscutting matter, and the effectiveness of the whole International Law relies mostly on its existence.

Since the adoption of the aforementioned draft articles by this General Assembly in 2001, its future has been the object of debate. The group is of the view that the question of the adoption of a convention based on these articles should be thoroughly considered. We are convinced that the working group established on the issue within the Sixth Committee is the right path to follow in order to move towards a possible international convention on the basis of the ILC’s draft articles.

On the other hand, codifying the articles in a binding instrument could bring clarity and legal certainty to the subject, addressing existing gaps in international law. Furthermore, this would have a positive impact in the development of the whole of international law, as it has been the case in other fields such as treaty law.

CELAC notes and welcomes that the draft provisions have been widely used as reference by international and municipal courts and tribunals, some of which have been considered as reflecting customary international law.

We cannot deny the existing link between the responsibility of States and other priority subjects, such as diplomatic protection. The development of State responsibility, and the eventual adoption of a treaty in the matter, will undoubtedly have a positive impact on them.

CELAC members are conscious of the different arguments and circumstances that may obstruct consensus in the heart of this General Assembly, but we are sure that excessive prudence does not have to impede a widely accepted agreement in a diplomatic conference.

The Community of Latin-American and Caribbean States is convinced that the International Communities' interest shall prevail over particular State's interests in the debate and the adoption of measures related to this subject matter.

In this sense, CELAC stands ready to contribute to this debate and to its respective consensus, and call other members to join these efforts.

Thank you very much.