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Viet Nam & UN  »  Legal Issues  »  63rd General Assembly
Report of the International Law Commission on the work of its 60th session
11-15-2008, 05:02 pm

63rd Session of the UNGA

Sixth Committee


by Mrs. Le Duc Hanh, representative of Viet Nam

Agenda item 75: Report of the International Law Commission on the work of its 60th session

Chapter VII: Responsibility of International Organizations


Mr. Chairman,

At the outset, my Delegation would like to express our sincere thanks to the International Law Commission for all the efforts its members have devoted to the cause of codification and progressive development of International Law throughout 60 years of the Commission's existence. The Report of the Commission's sixtieth session in Document A/63/10 clearly shows that the Commission has made progress in many topics presently on its agenda.

Mr. Chairman,

Today, my Delegation wishes to make some observation with regard to the issue of international organizations' responsibility. In our modern world, more and more international organizations are established and enter into international relationship with States and among themselves. The consideration by the Commission of this topic proves its timeliness and importance. We followed with great interest the discussions of the Commission based on the Working Group Report as well as the six reports of the Special Rapporteur. We take note of the fact that the Commission has provisionally adopted draft articles 1 to 53 and referred the rest draft articles to the Drafting Committee.  We would like to underline that international organizations are of different natures, structures, membership, sizes and capacities. Therefore, the draft articles should be of general character so as to be able to cover a broad range of international organizations.

Mr. Chairman,

The current discussion of the International Law Commission on including in the draft articles on international organizations' responsibility provisions regulating the issue of countermeasures draws our special attention. As countermeasures may be considered part of the law of international responsibility, Viet Nam encourages the ILC to continue its consideration of this issue. However, we would call for a cautious approach in dealing with this issue, in view of the limited practice and the risk of abuse of countermeasures that may jeopardize the proper functioning or even the existence of the international organizations. We support the proposal to establish a Working Group for the purpose of considering this issue. We also support the view that the Commission should try to consult as much as possible the comments from States and international organizations while considering the draft articles, because no provision of international law is elaborated in a vacuum. International Law develops on the basis of State practices and policies.

In the same vein, my Delegation wishes to call for utmost caution in discussing the sanctions regime under the UN Charter in relation with the issue of countermeasures by or against international organizations. We believe that the two issues have different scopes and objectives.

I thank you, Mr. Chairman.

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