Remarks at a Meeting of the Sixth Committee on Agenda Item 80: Consideration of prevention of transboundary harm from hazardous activities

David Bigge
Attorney Advisor of the Department of State
New York, New York
October 19, 2022


Thank you, Mr. Chairman.

As we have previously stated, the United States regards the International Law Commission’s draft articles on prevention of transboundary harm from hazardous activities, as well as the related draft principles on allocation of loss, as positive, innovative steps toward addressing transboundary harm.

Both documents were designed as resources to encourage national and international action in specific contexts, rather than to form the basis of a global treaty. We therefore strongly support retaining these products in their current form. With respect to the draft articles in particular, we continue to believe it is most appropriate that they be regarded as non-binding standards to guide the conduct and practice of states. With respect to this agenda item, the United States’ position has not changed since our last statement.

Thank you, Mr. Chairman.