Kuwait stresses the importance of respecting state sovereignty and national practices in the development of international law
Jasem Al-Ameri focuses on state sovereignty and national practices in international law
Translated by Qiyas from كونا — Original source
New York, October 30 (KUNA) – Kuwait reaffirmed today, Friday, the importance of respecting state sovereignty and taking national practices into account when codifying and progressively developing international law rules, emphasizing the need to rely on a thorough analysis of relevant international practices and legal evidence to enhance legal certainty and the rule of law at the international level.
This was stated in Kuwait’s statement delivered by Jasem Al-Amiri, Second Secretary of Kuwait’s Permanent Mission to the United Nations, before the Sixth Committee of the UN General Assembly during the discussion of agenda item 78, titled “Report of the International Law Commission on the work of its sixty-sixth and sixty-seventh sessions and its seventy-sixth and seventy-seventh sessions.”
Al-Amiri expressed Kuwait’s appreciation for the efforts undertaken by the International Law Commission in codifying and progressively developing international law rules, stressing the importance of maintaining constructive interaction between the Commission and the Sixth Committee, and giving due consideration to the views and national practices of states when reviewing the Commission’s outputs.
He underscored the necessity of distinguishing between the codification of existing international law rules and the proposal for their progressive development, and of not anticipating states’ positions regarding the legal nature of the conclusions and drafts prepared by the Commission or their effects.
Regarding the issue of sea-level rise in the context of international law, Al-Amiri affirmed Kuwait’s awareness of the serious challenges posed by this phenomenon to coastal and island states, along with the associated environmental, economic, social, and legal repercussions. He called for continued international cooperation to address climate change and mitigate its impacts.
He pointed to the importance of following up on the political commitments contained in the Declaration on Sea-Level Rise, adopted during the high-level week of the 81st session of the General Assembly, in accordance with its nature and content, while taking into account the concerns of affected states and the challenges faced by impacted parties.
He emphasized that discussions on this issue must be based on relevant rules and principles of international law, particularly the provisions of the United Nations Convention on the Law of the Sea, within the scope of their application.
On the topic of general principles of law, Al-Amiri called for due regard to the diversity of national legal systems and relevant international practices, and for special attention to be paid to the criteria for identifying general principles derived from those systems, and for distinguishing them from principles whose emergence is being considered within the international legal system.
He stressed the need for caution in determining the conditions for recognizing such principles and their scope of application, without prejudice to other sources of international law.
In conclusion, Al-Amiri renewed Kuwait’s appreciation for the efforts of the International Law Commission, emphasizing the importance of continuing constructive dialogue with member states to enhance the codification and progressive development of international law and to consolidate respect for its rules and principles. (End) A.S.T / F.A.S