PP852
Analítico de Periódico
SARVARIAN, Arman
The ossified debate on a UN convention on state responsibility / Arman Sarvarian
International and Comparative Law Quarterly, v.70 n.3 (July 2021), p.769-798
DIREITO INTERNACIONAL PÚBLICO, RESPONSABILIDADE DO ESTADO, ONU, COMISSÃO DE DIREITO INTERNACIONAL, CODIFICAÇÃO
This article examines the developments on future action concerning the 2001 ILC Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) in the Sixth Committee of the UN General Assembly. It reviews the past 20 years, from the presentation of the final draft at the 56th session in 2001, to the most recent debate at the 74th session in 2019. In scrutinising the procedural actions taken over the relevant period, it argues that the ARSIWA have ossified in the Sixth Committee even as they have continued to gain authority through application in practice. This ossification is due not only to divisions amongst delegations on future action but also to disagreements on a select number of provisions. Whilst these substantive issues have narrowed, debate is made fruitless by entrenched positions that do not take account of the application of the ARSIWA in practice.