Increasing the Responsibility of States: A Vehicle to Multilateralism

iccjustice

This meeting featured an interactive discussion regarding the need to adopt a convention on increasing the legal responsibility of states. Opening statements were made by Miguel de Serpa Soares and Juan Manuel Gomez-Robledo, members of the United Nations Legal Counsel. Mr. Gomez-Robledo stated that the treaty would be a “vehicle to multilateralism” and that postponing the convention will not make the issue disappear.

Professor Chazoumes then led the discussion with her optimistic view on the treaty. With an increase in legal and political visibility, the risk factors of convening a diplomatic conference for clarifying rules, new provisions, disputing settlements and watering-down existing points, would decrease significantly.

Professor Noklaemper discussed the possibility of further perfecting the role of the states, the issues with the conference, and the negotiation process. The importance of the qualification in the role of responsibility is essential because it is the central importance for legal order. With the convention, there is a possibility that stability will follow. The way to achieve the function of stability can well be provided by a convention. Mr. Reinisch took the discussion on a practical route. He highlighted authoritative restatement, which is meant to have participation of states but is currently only scholarly. A number of options were given to pave the ground for a qualification exercise, putting the machine in motion again by selection of diplomatic protection that has been produced and give the states the confidence to re-engage again.

Meeting: Panel discussion on “Responsibility of States: State of play and the way forward” (Co-organized by the Permanent Missions of the Czech Republic, Guatemala, Mexico, Portugal and South Africa                                                                                                              Date & Location: 15 June 2015, 15:00 to 18:00, Conference Room 6, UN Headquarters, New York
Speakers: Professor Laurence Boisson de Chazoumes, Professor at the Law Faculty of the University of Geneva; Professor André Nollkaemper: Professor of Public International Law at the Faculty of Law of the University of Amsterdam, External Legal Advisor to the Minister of Foreign Affairs of the Netherlands, Member of the Permanent Court of Arbitration, President of the European Society of International Law; August Reinisch, Professor of International Law and Relations and Director of L.L.M. Program, Vice Dean of the Law Faculty, Head of the section of International Law and International Relations, University of Vienna
Written By WIT Representative: Ariel Granat
Edited By WIT Representative: Parth Shingala

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