Statement by Darin Johnson, Attorney Adviser, Office of the Legal Adviser, Department of State, on Agenda Item 80: Diplomatic Protection, in the Sixth Committee

Darin Johnson, Attorney Adviser, Office of the Legal Adviser, Department of State

New York, NY

October 20, 2010

AS DELIVERED

Thank you, Madame Chairperson.

We thank the Secretary General for his helpful report (A/65/182) compiling the written comments of States on the future status of the draft articles.

As we explained in our recent written submission, the United States continues to believe that the General Assembly should take no further action on the draft articles at this time. We agree with the many written comments received from States that, where the draft articles reflect the large body of State practice in this area, they represent a major contribution to the law of diplomatic protection, and are thus valuable to States in their present form. However, we also share the concerns expressed that a limited number of articles are inconsistent with well-settled customary international law.

Much like the draft articles on state responsibility, we are concerned that the process of negotiating a convention would risk undermining the substantial contributions already achieved by the draft articles. We believe, therefore, that the better course is to allow the draft articles some time to inform, influence, and settle State practice in this area.

Thank you, Madame Chairperson.

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