C6: State Responsibility.

Last updated: 10/25/2013 // Joint Statement on behalf of the Nordic countries; Denmark, Sweden, Finland, Iceland and Norway.

Mister Chairman,

I have the honour to speak on behalf of the five Nordic countries; Iceland, Norway, Sweden, Finland, and my own country, Denmark.

Mister Chairman,

The Nordic countries wishes to thank the Secretary General for his reports (A/68/69 and A/68/69/Add.1) as well as his updated compilation of decisions of international courts, tribunals and other bodies (A/68/72) referring to the State responsibility articles. The Nordic countries note that between February 2010 and January 2013 there has been a further 56 cases in which the State responsibility articles were referred to by a wide array of international courts, tribunals and other bodies - both in terms of subject matter and in terms geographical scope. We further note, that, whether the articles are invoked as established rules or as part of customary international law, it bears testament to the strong and authoritative impact of the articles on international dispute settlement.

Mister Chairman,

Regarding the draft articles on State Responsibility let me just very briefly recap our view: The Nordic Countries continue to support the contents of the draft articles, which have been widely accepted since their adoption. We still hold the view that the articles are in the strongest possible position as an annex to a resolution. This was also the approach recommended by the International Law Commission. Despite the fact that there are different views on specific details, the articles reflect a widely shared consensus. A diplomatic conference aimed at producing a convention might jeopardize the delicate balance established in the articles. For these reasons, the Nordic Countries consider that it is not, as for now, advisable to embark on negotiations on a convention on responsibility of States for internationally wrongful acts.

Thank you.

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