28 October 2013

ILC to consider protection of the atmosphere, but will exclude questions of liability, the polluter-pays principle, and common but differentiated responsibilities

On 28 October, the President of the International Law Commission (ILC) informed the 6th Committee of the General Assembly that the ILC had decided to include in its work programme the topic ‘Protection of the Atmosphere’, but that the work on the topic would proceed in a manner so as not to interfere with relevant political negotiations, including on climate change. Also, it will not deal with, but is also without prejudice to, questions such as liability of states and their nationals, the polluter pays principle, and common but differentiated responsibilities.

The report of the ILC on the work of its 65th Session, available on the UN website, indicates that the outcome of the work on the topic will be draft guidelines that ‘do not seek to impose on current treaty regimes’.

The President made his statement at the start of the consideration by the 6th Committee of the work of the ILC, which will continue in the next few weeks.

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Source: United Nations | International Law Commission | Report of the sixty-fifth session (2013) | General Assembly | A/68/10
Source: United Nations | International Law Commission | Current Programme of Work | Protection of the atmosphere

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