Remarks by Steven Hill, Deputy Legal Adviser, United States Mission to the United Nations, on Diplomatic Protection, Agenda Item 82, at the United Nations General Assembly Sixth Committee, October 21, 2013

Steven Hill, Deputy Legal Advisor
New York, NY
October 21, 2013


Thank You Mister Chairman.

We thank the Secretary General for his helpful report (A/68/115) compiling the written comments of States on the future status of the draft articles on diplomatic protection.

As we explained in our 2007 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. For additional details, I would refer delegations to the statement delivered by the United States on October 19, 2007, as reported in document A/C.6/62/SR.10.

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, Mister Chairman.


PRN: 2012/212