Ministry Statements & Speeches:
Thank you Chair.
With respect to Chapter VIII on General principles of law, New Zealand thanks the International Law Commission for its progress on this topic and commends the Special Rapporteur, Mr. Marcelo Vázquez-Bermúdez on his third report and careful work.
We note with appreciation the observations given by the Special Rapporteur in his third report regarding the transposition of general principles of law derived from national legal systems to the international legal system. This includes, importantly, that recognition of applicability in the international legal system is an essential condition for the existence of a general principle of law. We support the characterisation of the methodology for the identification of general principles of law derived from national legal systems – that is, first, determining the existence of a principle common to the principal legal systems of the world, and second, ascertaining the transposition of that principle to the international legal system.
With regard to what is described as the ‘second category’ of general principles of law, general principles of law formed within the international legal system, we reaffirm our view expressed at Sixth Committee last year that that general principles of law formed within the international legal system and rules of customary international law must be clearly distinguished.
To close, New Zealand highly regards the Commission’s work, which provides assistance to states in developing, clarifying and upholding the rules that underpin the international community’s commitment to the international rule of law. New Zealand values the opportunities provided in the Sixth Committee to engage in substantive dialogue on the issues considered by the Commission.
Thank you.