STATEMENT BY MS SERAPHINA FONG, DELEGATE TO THE 72ND SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY ON AGENDA ITEM 86, ON EFFECTS OF ARMED CONFLICTS ON TREATIES, SIXTH COMMITTEE, 20 OCTOBER 2017

1        Mr Chairman, my delegation thanks the Secretary-General for his report on this agenda item, contained in document A/72/96. Singapore recalls the General Assembly resolution on this agenda item, A/RES/69/125, which commended the articles on the effects of armed conflicts on treaties to the attention of Governments without prejudice to the question of their future adoption or other appropriate action. We recall also the decision in that resolution to include this agenda item in the current session of the General Assembly, with a view to examining, inter alia, the question of the form that might be given to these draft articles.

2          On the question of form, my delegation is of the view that the draft articles and their commentaries are a valuable compendium on this complicated area of treaty law and should remain in their current form. My delegation is of the view that there is value and merit in the draft articles serving as a useful source of guidance. We, however, remain unpersuaded that it is necessary at this juncture to formally endorse or elaborate the draft articles into a convention.  Specifically, my delegation views draft articles 2, 5, 6 and 7, as well as the Annex, as progressive development of international law. Our detailed comments in this regard have been previously articulated in the Sixth Committee. They can be found in the document A/C.6/69/SR.18 at paragraphs 27 – 31.

3           To conclude, my delegation’s preference is for the draft articles to remain in their present form. Nevertheless, we wish to underscore the draft articles as a valuable resource to which States may refer when examining the effects of armed conflicts on treaties, and express our gratitude to the Commission for its work on this important topic.

4          I thank you, Mr Chairman.

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