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Harmful effects of transboundary pollution cited as key to proposed law to govern international liability: Legal Committee continues review of items from Law Commission report; Reservations to treaties, unilateral acts of States next to be taken up.

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M2 PRESSWIRE-31 October 2003-UN: Harmful effects of transboundary pollution cited as key to proposed law to govern international liability: Legal Committee continues review of items from Law Commission report; Reservations to treaties, unilateral acts of States next to be taken up(C)1994-2003 M2 COMMUNICATIONS LTD

RDATE:10302003

The question of international liability was a progressive area of international law closely related to vital interests in protecting the environment against harms arising from hazardous transboundary activities, Hungary's representative told the Sixth Committee (Legal) this morning, as the Committee continued considering the report of the International Law Commission. Concluding the debate on diplomatic immunity and international liability, the Committee took up the issues of unilateral acts of States and reservations to treaties.

In addition to air pollution from abroad, said the delegate of Hungary, his country faced negative impacts on water resources from rivers also crossing boundaries. Water pollution and flooding harmed not only persons and property, but State patrimony and natural heritage

The representative of Mexico said damage to the global commons was of great concern. The International Law Commission should continue to focus on elaborating a regime on liability. The establishment of a compensation fund should be considered, with contributions from beneficiaries of the goods being transported. The fund could cover damage caused by the carriage of hazardous substances.

Portugal's representative said the final form of the draft articles on international liability should amount to a convention to complement the instrument on prevention which had already completed. The Commission should continue working on the regime of allocation of loss and in its drafting of concrete articles. Issues that could be addressed included the definition of loss, hazardous activity and operator; the principle of subsidiary or residual liability of the State; limiting the liability of the operator; and the establishment of adequate remedies for victims.

Also speaking on those items this morning were the representatives of the United States, China, France and the United Kingdom.

Following the close of that debate, Enrique Candioti (Argentina), Chairman of the International Law Commission, introduced the chapters of the Commission's report related to the new items on unilateral acts of States and reservations to treaties (VII and VIII).

With regard to unilateral acts of States, he noted that the item had been on the Commission's agenda since 1996. The Commission's difficulties with the topic continued. The conceptualization of the topic was elusive, as was its scope. Also, access to State practice was limited. A working group had made a set of recommendations on the best approach and the...

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