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THE INTERNATIONAL LAW COMMISSION AT THE MIDǧPOINT OF ITS QUINQUENNIUM
report of the Drafting Committee. The draft conclusions with commentaries will be
adopted by the Plenary during the next session. The Special Rapporteur also indicated
that the third report would address the various aspects pertaining to international
organizations, the relationship between customary international law and treaties, as
well as resolutions of international organizations, the questions of the “persistent
objector” and regional, local and bilateral custom.
29
2.8 Protection of the environment in relation to armed conflict
Concerning this topic, the Commission had before it the preliminary report of
the Special Rapporteur, Ms. Marie Jacobsson.
30
The report presented an overview
of views expressed by delegates in the Sixth Committee of the General Assembly,
practice of States and international organizations, the scope and methodology of the
topic, based on the three-phased approach (obligations arising prior, during and after
an armed conflict). It also included the use of terms, environmental principles, and
human and indigenous peoples’ rights. In view of its preliminary character, the report
did not include any draft conclusions. The report was followed by a fairly extensive
debate in Plenary, addressing all issues of the report and including constructive
criticism. The Special Rapporteur was in full agreement with those members who
expressed that further examination of the linkages between environmental principles,
human rights law and armed conflict was necessary. She also recalled that the purpose
of her report was to seek views on peacetime obligations before proceeding to the
second report and the development of guidelines, conclusions or recommendations
on both phases I and II.
31
2.9 Provisional application of treaties
In relation to the topic “Provisional application of treaties”, the Commission
considered the second report of the Special Rapporteur J.M. Gómez-Robledo.
32
The report continued to discuss on general issues, methodology and outcome of the
topic. In particular, it highlighted two points. First, the provisional application of
treaties produces legal effects and is capable of creating certain rights and obligations
under international law. Second, the Commission need not concern itself with the
domestic legislation of States; therefore the analysis of the provisional application of
treaties will focus on its legal effects at the international level. However, his proposal
to see a legal basis for the provisional application of treaties in unilateral acts of
States met mostly critical reactions. Since the second report did not include any draft
articles or conclusions, its consideration was limited to rather brief but rich debate
during two plenary meetings.
29
See doc. A/CN.4/L.843 (2014), p. 12, § 50.
30
See doc. A/CN.4/674 (2014).
31
See doc. A/CN.4/L.845 (2014), pp. 7-8, § 29, 36.
32
See doc. A/CN.4/675 (2014).