2020년 유엔 국제법위원회의 활동‒제72차 회기 연기 결정 관련 ‘silence procedure’와 ‘국제법 관련 해수면 상승’ 주제 제1차 보고서 분석을 중심으로‒ (The UN International Law Commission’s Activities in 2020‒focusing on ‘Silence Procedure’ and the First Issues Paper on ‘Sea-level Rise in relation to International Law’‒)

서지정보

· 발행기관 : 국제법평론회
· 수록지 정보 : 국제법평론 / 58호 / 139 ~ 172페이지
· 저자명 : 박기갑, 민혜영

초록

The Covid-19 pandemic has thwarted almost all activities of human beings around the world, including organs of international organizations. The UN ILC was no exception. The UN General Assembly adopted successive decisions 74/545, 74/559 and 74/566 concerning the timetable of the ILC by ‘silence procedure’. The UN General Assembly has adjusted its working methods because the covid-19 pandemic prevented in-person meetings at UN Headquaters. The organ decided to use the silence procedure when considering draft resolutions and decisions, adopting decision 74/544 on 27 March, “Procedure for taking decisions of the General Assembly during the coronavirus disease 2019 (COVID-19) pandemic”.
According to the UN General Assembly decision 74/566, the ILC’s 72nd session scheduled for 2020 has been postponed for one year, i.e. 2021, and the mandate of current ILC members has also been extended until 2022 to accomplish pending topics. However, in such an unusual situation, all of the six reports were submitted to the Secretariat by special rapporteurs and the co-chairs of the Study Group: 6th report on ‘Protection of the atmosphere’(A/CN.4/736), 6th report on ‘Provisional application of treaties’(A/CN.4/738), 8th report on ‘Immunity of State officials from foreign criminal jurisdiction’(A/CN.4/739), 4th report on ‘State succession in respect of State responsibility’(A/CN.4/743), 2nd report on ‘General principles of law’(A/CN.4/741) and 1st issues paper on ‘Sea-level rise in relation to international law’(A/CN.4/740).
The second part of this article analyzes the First issues paper on ‘Sea-level rise in relation to international law’ submitted by two co-chairs of the Study Group. The Study Group will examine successively three issues, namely issues related to the law of the sea (first issues paper), issues related to statehood (second issues paper) and issues related to the protection of persons affected by sea-level rise (third issues paper). The first issues paper deals with two main aspects: possible legal effects of sea-level rise on the baselines and outer limits of the maritime spaces measured from the baselines, on maritime delimitations, and on the exercise of sovereign rights and jurisdiction of the coastal State and its nationals, as well as on the rights of third States and their nationals in maritime spaces in which boundaries or baselines have been established; possible legal effects of sea-level rise on the status of islands, including rocks, and on the maritime entitlements of a coastal State with fringing islands, and legal status of artificial islands, reclamation or island fortification activities as a response/adaptive measures to sea-level rise. The first issues paper will be discussed by the members who will attend spontaneously at the Study Group during the 72nd session of the ILC and the results will be reported to the 76th session of the UN General Assembly at the end of 2021.

영어초록

The Covid-19 pandemic has thwarted almost all activities of human beings around the world, including organs of international organizations. The UN ILC was no exception. The UN General Assembly adopted successive decisions 74/545, 74/559 and 74/566 concerning the timetable of the ILC by ‘silence procedure’. The UN General Assembly has adjusted its working methods because the covid-19 pandemic prevented in-person meetings at UN Headquaters. The organ decided to use the silence procedure when considering draft resolutions and decisions, adopting decision 74/544 on 27 March, “Procedure for taking decisions of the General Assembly during the coronavirus disease 2019 (COVID-19) pandemic”.
According to the UN General Assembly decision 74/566, the ILC’s 72nd session scheduled for 2020 has been postponed for one year, i.e. 2021, and the mandate of current ILC members has also been extended until 2022 to accomplish pending topics. However, in such an unusual situation, all of the six reports were submitted to the Secretariat by special rapporteurs and the co-chairs of the Study Group: 6th report on ‘Protection of the atmosphere’(A/CN.4/736), 6th report on ‘Provisional application of treaties’(A/CN.4/738), 8th report on ‘Immunity of State officials from foreign criminal jurisdiction’(A/CN.4/739), 4th report on ‘State succession in respect of State responsibility’(A/CN.4/743), 2nd report on ‘General principles of law’(A/CN.4/741) and 1st issues paper on ‘Sea-level rise in relation to international law’(A/CN.4/740).
The second part of this article analyzes the First issues paper on ‘Sea-level rise in relation to international law’ submitted by two co-chairs of the Study Group. The Study Group will examine successively three issues, namely issues related to the law of the sea (first issues paper), issues related to statehood (second issues paper) and issues related to the protection of persons affected by sea-level rise (third issues paper). The first issues paper deals with two main aspects: possible legal effects of sea-level rise on the baselines and outer limits of the maritime spaces measured from the baselines, on maritime delimitations, and on the exercise of sovereign rights and jurisdiction of the coastal State and its nationals, as well as on the rights of third States and their nationals in maritime spaces in which boundaries or baselines have been established; possible legal effects of sea-level rise on the status of islands, including rocks, and on the maritime entitlements of a coastal State with fringing islands, and legal status of artificial islands, reclamation or island fortification activities as a response/adaptive measures to sea-level rise. The first issues paper will be discussed by the members who will attend spontaneously at the Study Group during the 72nd session of the ILC and the results will be reported to the 76th session of the UN General Assembly at the end of 2021.

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