REPUBLIC OF HUNGARY

PERMANENT MISSION TO THE UNITED NATIONS

227 EAST 52nd STREET, NEW YORK, N.Y. 10022

55th SESSION

OF THE UNITED NATIONS GENERAL ASSEMBLY

SIXTH COMMITTEE

AGENDA ITEM

REPORT OF THE INTERNATIONAL LAW COMMISSION

ON THE WORK OF ITS 52^nd SESSION

CHAPTER VIII

INTERNATIONAL LIABILITY FOR INJURIOUS CONSEQUENCES ARISING

OUT OF ACTS NOT PROHIBITED BY INTERNATIONAL LAW

PREVENTION OF TRANSBOUNDARY DAMAGE

FROM HAZARDOUS ACTIVITIES

STATEMENT BY

H. E. AMBASSADOR DR. GYÖRGY SZÉNÁSI

HEAD OF THE INTERNATIONAL LAW DEPARTMENT

MINISTRY FOR FOREIGN AFFAIRS

NEW YORK

NOVEMBER 2, 2000

Mr. Chairman,

In my last intervention on the Report of the International Law Commission, I would like to turn to Chapter VIII of the Report, namely "International liability for injurious consequences arising out of acts not prohibited by international law". Hungary commends the Special Rapporteur, Ambassador P. S. Rao of India, for the submission of his third report containing 19 Draft Articles on the prevention of transboundary damage from hazardous activities. We are also pleased to note that the ILC has sent the Draft Articles to the Drafting Committee for further refinement. In order to assist such an undertaking, let me make the following comments on the Draft:

In our view, the proposed changes in the Draft Articles reflect further progress on the topic. One of the welcomed elements is the proposal to delete the phrase "acts not prohibited by international law" from the title. While taking note of the divergent views expressed by the members of the ILC, we endorse the reasoning of the Special Rapporteur on this issue. We also endorse the additions to Article 6 clarifying the obligations of the State of origin concerning prior authorization. We are also convinced that the principle of retroactivity covering pre-existing hazardous activities in paragraph 2 of Article 6 is necessary to create an all-encompassing regime. We support the more stringent procedural rules proposed in Articles 9 and 10 concerning notification, information and consultation-related issues. Furthermore, the obligation of the State of origin to introduce appropriate interim measures for a reasonable time, creates, in our view, the necessary link between the life-span of such measures and the period of time needed to resolve the dispute at hand. Finally, we strongly support the introduction of new Articles 16 and 17 on the establishment of contingency plans for emergencies and on the duty of notification of an emergency.

Mr. Chairman,

Turning now to the future form of the text, we agree with the position of the Special Rapporteur and the ILC that a Framework Convention would be appropriate. The Framework Convention would be without prejudice to higher standards adopted under other related bilateral or regional treaties. On the other hand, the adoption of the Framework Convention could stimulate the conclusion of more detailed specific agreements. Hungary, for its part, has launched a Regional Environmental Initiative last June aimed at strengthening regional cooperation in environmental protection in Central and Eastern Europe. This initiative is based on the recognition of the existence of a number of different factors and conditions that make the region particularly vulnerable, and also prone to events resulting in transboundary harm. The initiative proposes the reaffirmation of international cooperation in environmental protection and the strengthening of existing organizational structures aimed at, inter alia, the prevention, risk-assessment, prediction, notification and monitoring of transboundary environmental damage. The initiative pays particular attention to the tightening of dispute settlement mechanisms in order to make sure that no disputes remain unresolved. My delegation believes that the timely adoption of a framework convention will provide further momentum to our regional initiative.

Mr. Chairman,

Turning to the question of further work on this topic, let me recall that both the Stockholm Declaration and the Rio Declaration encourage States "to cooperate in developing further international law regarding liability and compensation for environmental damage caused by activities within their jurisdiction or control to areas beyond their national jurisdiction." The regional initiative referred to above also puts emphasis on this aspect. However, such a principle should also guide the future work of the ILC, given the inherent interrelationship between hazardous activities, the duty of prevention, and the question of liability. The Hungarian delegation notes that the question of liability and the need to clarify its relationship with State responsibility has already surfaced in the debate of the ILC. For the full development and the strengthened effectiveness of the rules related to prevention, a detailed set of rules on liability and on the conditions to invoke liability is clearly necessary. The decision taken by the Commission in 1999 to defer consideration of the question of international liability until the completion of the second reading of the Draft Articles on prevention remains to be valid. However, based on the excellent progress made on the topic, the Hungarian delegation is convinced that the ILC is moving closer to that phase of its work.

Mr. Chairman,

In conclusion, let me reiterate the Hungarian delegation's satisfaction with the progress made by the International Law Commission on all topics during its fifty-second session under the able chairmanship of Ambassador Chusei Yamada. The Hungarian delegation wishes the Commission further success in fulfilling its ambitious undertakings in the future.

Thank You, Mr. Chairman.