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Statement by H.E. Ambassador LIU Zhenmin, Deputy Permanent Representative of China to the United Nations, at the Sixth Committee of the 62nd Session of the UN General Assembly, on Item 82 "Report of the International Law Commission"
(Expulsion of Aliens, Effects of Armed Conflicts on Treaties, Responsibility of International Organizations)



(New York, 29 October 2007)

Mr. Chairman,

The Chinese delegation wishes to thank Professor Brownlie for his succinct and enlightening presentation and congratulate the International Law Commission on its achievements. On this occasion, I wish to comment on the following four topics:

I. Expulsion of Aliens

At its 59th session, the Commission considered the seven draft articles contained in the second and the third reports submitted by the special rapporteur under the topic. We express our appreciation to the special rapporteur, Mr. Kamto, for his excellent work. On some of the issues in the draft articles, I have some brief comments.

1. The Chinese delegation is of the view that since expulsion of aliens pertains to the norms governing the treatment of aliens, a matter in the realm of traditional international law where a wealth of legislation and practice has accumulated at the international level, efforts to address this topic should be more focused on the codification of existing international law.

2. The scope and the definition of the draft articles (draft articles 1 & 2). In territorial terms, the scope of the draft articles is confined to aliens who have entered the territory. The Chinese delegation believes that aliens within zones of immigration control should be accorded the same respect and protection for their basic human rights as those in the territory although their status may not be the same as the latter. Therefore, we suggest that the treatment of the former be included in the purview of the study under this topic.

3. The framework for the draft articles on expulsion of aliens (draft article 3). The Chinese delegation maintains that the draft articles should be framed on the basis of the right of the state to expel as a general principle and the prohibition of expulsion as an exception. In order make all relevant provisions in the rest of the draft articles in relation to expulsion of aliens (including refugees and stateless persons) subject to the right of the state to expel as provided for in paragraph 1 of draft article 3, we propose to revise this paragraph to read as follows: "Out of considerations of national security and public order and in compliance with law, states in exercise of its sovereignty have the right to expel any aliens in its territory." Consequently, paragraph 2 should be revised