Mr. Chairman,

As this is the first time that Micronesia is taking the floor this session, please allow me to congratulate you and your Bureau on your elections to your posts. Micronesia has full confidence in your abilities to lead this Committee and stands ready to assist you in the discharge of our work.

Mr. Chairman,

Micronesia is grateful to the International Law Commission for producing an instructive and comprehensive report of its sixty-ninth session. The Commission remains a crucial forum for addressing the sprawling nature of international law and fostering its codification and progressive development. Micronesia values the role that the Commission plays in allowing all States to contribute to the refinement of an international order that respects State sovereignty while advancing key principles of common interest for humanity. Micronesia welcomes every opportunity to engage with the Commission on its important work.

In this Cluster, Micronesia wishes to address two matters. First, Micronesia will comment on the Commission’s consideration of the topic of provisional application of treaties. Second, Micronesia will take up the Commission’s invitation to States to suggest topics for inclusion on the Commission’s long-term programme of work.

Mr. Chairman,

Micronesia appreciates the efforts of Mr. Juan Manuel Gomez Robledo, the Special Rapporteur for the topic on provisional application of treaties, who has shepherded the Commission’s consideration of the topic for half a decade and produced four important reports on the topic. Micronesia also notes the Commission’s provisional adoption of 11 draft guidelines on the topic as well as the assertion of the Commission in its general commentary to the draft guidelines that the draft guidelines reflect existing rules of international law. Micronesia submitted national Comments to the Commission for this topic in 2014, which underscored the importance of the topic for Micronesia. Today, Micronesia wishes to comment on a number of the draft guidelines provisionally adopted by the Commission. 

As a general note, Micronesia appreciates the relative brevity of the draft guidelines as a whole and notes that the Commission has avoided producing draft guidelines that are overly prescriptive, so as to acknowledge the flexibility of States to modify by mutual agreement the normal practice of provisional application. From the outset of the Commission’s consideration of this topic, Micronesia has stressed the importance of provisional application as a means to an end—namely, as a method for fostering the speedy implementation of treaties. Micronesia feels that the draft guidelines provisionally adopted by the Commission rightfully encourage this approach, as the general commentary to the draft guidelines attests.

Micronesia notes draft guideline 3 with appreciation. As the commentary for draft guideline 3 makes clear, a State or international organization may provisionally apply a treaty or a part of a treaty that has not entered into force for that particular State or international organization even if the treaty itself has entered into force. Micronesia previously raised this matter as one of importance for the Commission to consider, and Micronesia appreciates the Commission’s work in response.