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PAVEL ŠTURMA
CYIL 5 ȍ2014Ȏ
2.5 Protection of the atmosphere
In relation to this topic, the ILC considered the first report of the Special Rapporteur
Shinya Murase.
23
The report addressed the general objective of the project, identifying
the relevant basic concepts and offering approaches to be taken with respect to the
subject. The Special Rapporteur also presented three draft guidelines concerning
(1) the definition of the term “atmosphere”; (2) the scope of the draft guidelines;
and (3) the legal status of the atmosphere, described as “a natural resource essential
for sustaining life on earth, human health and welfare, and aquatic and terrestrial
ecosystems”. Its protection was declared “a common concern of humankind”.
However, as presently formulated the draft guideline was viewed by members of the
Commission as broad and having far reaching implications. Following the extensive
and rather critical debate in plenary, the referral of the draft guidelines to the Drafting
Committee was deferred, at the request of the Special Rapporteur, until next year.
24
2.6 Immunity of State officials from foreign criminal jurisdiction
As regards this topic, the Commission had before it the third report of the Special
Rapporteur Ms. Concepción Escobar Hernández, in which draft Article 2(e), on
the definition of State official, and draft Article 5, on the Beneficiaries of immunity
ratione materiae
, were presented.
25
Following the rich debate both in plenary and in
the Drafting Committee, the Commission provisionally adopted draft Article 2(e),
on the definition of State official,
26
and draft Article 5, on the Persons enjoying
immunity
ratione materiae
.
27
It was also said, however, that the key issue of immunity
ratione materiae
will be the definition of an official act, which the Special Rapporteur
intends to propose in 2015.
2.7 Identification of customary international law
Concerning the topic “Identification of customary international law”, the
Commission considered the second report of the Special Rapporteur, Sir Michael
Wood.
28
It contained eleven draft conclusions based on the thorough analysis
of the scope and outcome of the topic, the basic approach, and the two constituent
elements of rules of customary international law, i.e. “a general practice” and “accepted
as law” (
opinio juris
). Following the debate in Plenary, the ILC decided to refer all
draft conclusions to the Drafting Committee, which provisionally adopted eight draft
conclusions. As the debate took place only in July, it was not enough time to submit
commentaries to the adopted conclusions. Therefore the Commission took note of
23
See doc. A/CN.4/667 (2014).
24
See doc. A/CN.4/L.841 (2014), p. 8-11, § 27, 39.
25
See doc. A/CN.4/673 (2014).
26
See doc. A/CN.4/L.842/Add.1, p. 2: „… (e) ‘State official’ means any individual who represents the
State or who exercises State functions.”
27
Ibid., p. 9: “State officials acting as such enjoy immunity
ratione materiae
from the exercise of foreign
criminal jurisdiction.”
28
See A/CN.4/672 (2014).