INTRODUCTION (definition of state responsibility)

THEME OF THE ARTICLE (how deferring of accepting of draft of state responsibility as a convention was a
good move and helped prevent a Pandora box)

2005 ka article hai. Thus 2004 ka session of UN is spotlight. 2001 etc are all backgrounds leading upto
the position of 2004.

 First paragraph talks about how UN GA 2004 has deferred the matter to its 2007 session
following the resolution of 59/35 of sixth committee and ILC in 2001’s sessions. This brings out
the tone and theme of the entire article as to how UN has followed its previous decision keepin
in mind the need of the hour and prevailing circumstances by deferring the articles.

 BACKGROUND TO DEBATE IN 6TH COMMITTEE – this talks about the background which led to the
resolution of 59/35, ultimately adopted by the gen assem.

 ILC formed reports and drafts by the name of ARTICLES and had a discussion amongs its
delegates. (2001)

Twin arguments-1) immediate convening of conference for the resolution

2) deferred for accustomisation by the states. Just take note.

Middle path suggested by ILC “that take note annex and later after deffer see wether resolution ought
to be formed or whatever”. This was suggested to the GA, (this was the report of ILC annual), and later
formed part of agenda of 6th committee to be discussed and their views to be submitted to the GA.

In 6th comittes discussion in 2001 almost indentation was seen as was seen in ILC session. Delegates
were broadly divided in two categories 1) form it as a convention

2) no need. As without being a convention also it is already being

cited as sources of IL by courts and tribunals etc.

What was common was no immediately wanted to take any action upon the article. This majority
reflected itself it the recommendation of committee whereby, the article was deferred and annexed to
the resolution and taken note of to the attention of the gov. w/o any prejudice to their future action on
this matter, to the session of 2004, accepted by GA. (provisional agenda) Wether there should be int
conference with view of concluding convention on this topic article
  2004 6TH COMMITTEE DEBATE (59TH SESSION)
Article returned on table to be discussed after being differed. Two main arguments again;
1) Imp of articles can only be sought after by forming them into convention
2) Others were that article has been bought into gov attention and that is it. No need for
more.

Then it mentions diff countires and their stand on the issue. Various reasons for doing so. Bottom line
was however this that committe debate reflected towards further postponement of the question. Thus
the committed gain only bout article to attention to gov and defred it to 2007 session, adopted by GA as
resolution of 59/35. GA also asked sec gen. to ask from gov to submit their future actions reltd to this
article in addition to usage of it by int courts or tribunals w/o interpreting or trying , the decision s given.

1) Reasons given to reopen old points of contention, countermeasures(49-54), objection by other

state than injured state(48), and extreme resp of states under perempotory norms of IL.
Basically, binding dispute settlement was asked for in future reconsideraations tocounter
countermeasures.
2) Uk and usa. Commented on fragility of the text and the repurscssions of the old contentions and
points. Finland said that if we put it in diplomatic conference it would become a product of
diplomatic compromises. USA was totally against the future considersation.

Wait and see attitude. Some wanted to adopt later w/o any changes other wanted to change. Some
wanted to no future consideration only. Dispute settlement clause ko lekar kaafi tha – countermeasures
being given dominance over settlement. Mostly time was wanted so that the at=rticles are widely
accepted and to see wether they stand the test of resilience through IL theory and practise.

Some thought that forming a convention would bring more force to this article. Other argued that
already cite ho rhe hain as source what is the need and wisdom in forming a convention.

REFLECTIONS ON THE DEBATE

Sec gen report. Usage of article in day to day world. Dispute settlemt. Cases.

Why deferment was good act by GA?