396 / 464
382
PAVEL ŠTURMA
CYIL 6 ȍ2015Ȏ
report. In response to suggestion by some members, she indicated that she would, to
the extent necessary and possible, deal with procedural issues in her 2016 report.
31
It seems that the next session will finally bring before the Commission the necessity
to decide the crucial issue of exceptions, in particular in relation to immunity
ratione
materiae
, such as the crimes under international law.
2.7 Provisional application of treaties
In relation to the topic “Provisional application of treaties” the Commission
considered the third report of the Special Rapporteur J.M. Gómez-Robledo,
32
as well as a
memorandum, prepared by the Secretariat, on provisional application under the Vienna
Convention on the Law of Treaties between States and International Organizations or
between International Organizations (1986).
33
The report considered the relationship of provisional application to other provisions
of the Vienna Convention on the Law of Treaties (1969) and the question of provisional
application with regard to international organizations. However, the debate in Plenary
revealed that certain aspects of the law of treaties were missing and expressed support
for undertaking further analysis of the legal effects of the provisional application of
treaties, including its termination, and the effect of other provisions of the Vienna
Convention.
34
The Commission referred the six draft guidelines, proposed by the Special
Rapporteur, to the Drafting Committee. For lack of time, however, the Committee
was able to discuss and adopt only two draft guidelines. Therefore the Commission
had just the interim report of the Chairman of the Drafting Committee for
information and postponed the adoption of draft guidelines to the next session (2016).
In concluding remarks, the Special Rapporteur indicated that, in his opinion,
Article 25 of the Vienna Convention was the point of departure for the Commission’s
consideration of the topic. It could go beyond the article “only to the extent that it proved
useful to ascertain the legal consequences of provisional application”. He also observed
that the preponderance of views within the ILC were not in favour of undertaking a
comparative study of internal legislation applicable to provisional application. As to the
future programme, he stated his intention to consider the question of the termination
of provisional application and its legal regime, in his next report, together with a
study of other relevant provisions in the Vienna Convention, including Articles 19,
46 and 60.
35
31
See doc. A/CN.4/L.863/Add.1 (2015), p. 3, § 66.
32
See doc. A/CN.4/687 (2015).
33
See doc. A/CN.4/676 (2015).
34
See doc. A/CN.4/L.864 (2015), pp. 4-6.
35
Ibid
., pp. 7-8.