Permanent Mission to UN

Statement by the Cuban Delegation on agenda item 79 Report of the International Law Comission on the Work of its Sixty-Second Session. Part I. New York, 27 October 2010.

Madam Chairman,

My delegation associates itself with the statement by the distinguished delegation of Chile on behalf of the Rio Group. We appreciate the valuable Report presented on item A/65/10 and regret the delay in its distribution, which limits the thorough study of the important works under the consideration of the International Law Commission.

Allow us to congratulate Mr. Nugroho Wisnumurti on his election last 5 July as the new Chairman of the ILC and Mr. Huikang Huang on his election as member of the Commission. We likewise congratulate Mrs. Hanqin Xue on her commendable work leading the Commission and wish her the best on her new position as a member of the International Court of Justice.

On Chapters I, II, and XIII of the Report, we highlight the work and progress made concerning the important matters of Reservations to Treaties, Expulsion of Aliens, Protection of persons in the event of disasters, Obligation to extradite or prosecute, Treaties over time, The Most-Favored-Nation clause, Shared natural resources, and the Settlement of disputes clauses, analyzed under the section of other items.

We welcome the decision to continue discussing the item of Settlement of disputes clauses, the efforts to schedule and plan the long-term work of the Commission, the cooperation of the Commission with other agencies, and the successful holding of the International Law Seminar, which must count on the decisive support of all States. We support the concerns and the need to provide greater support to the research work of the Commission, especially to the special rapporteurs.

Once again, we reiterate Cuba’s willingness to assist and contribute to the important work of the ILC. In that regard, we take due note of the requests contained in Chapter III about concrete questions, on which it could be useful for Member States to submit their considerations to the Commission.

Concerning Chapter IV Reservations to Treaties, we wish to congratulate the work of the Commission for the provisional adoption of the draft guidelines on reservations to treaties as a whole. We especially appreciate the work of the special rapporteur Mr. Alain Pellet for its notable contribution to these works, and we hope such guidelines be adopted during the 63rd session of the Commission.

The guidelines will provide important complementary elements to the Vienna regime concerning treaties, both on definitions and procedures for the institution of reservations to treaties, and on the validity of these reservations and interpretative declarations and its legal effects. The guidelines provide new elements concerning succession of States.

Cuba considers reservations to treaties and interpretative declarations are two different legal institutions, despite their common elements. We likewise believe that every effort to outline the limits to the principle of formulation of reservations cannot affect at all the principles of sovereignty of States and of consensuality, which are the bases Law of Treaties. 

A Guide to Practice concerning reservations to treaties will be greatly useful for the work of States and International Organizations, and will enable the consolidation of the existing legal regime on treaties. Notwithstanding, Cuba reiterates the conviction that these guidelines do not modify, nor can they modify, the existing legal regime on treaties established by the Vienna Convention.

Thank you.

5 Héroes