INTERNATIONAL LAW
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We are of the view that existing international law applies in its entirety. We welcome
the reflections of the discussion in the zero draft. Our most important remark is that
we would like to see some essential parts of the discussions in the conclusions as
well. We would suggest for the wording in par. 34 and 35 to be reflected in the
conclusions and recommendations, as we are of the opinion that this would be in line
with views expressed during the (informal) sessions.
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We believe that a recommendation could possibly also include a reference to
diverging views on International Law which need further study and in depth
discussion in the future. This could be based on par. 32.
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We would like to express our concerns about paragraph 30 with respect to
internationally wrongful acts vis-à-vis due diligence. We think the formulation is
rather confusing and may need further clarification.
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We welcome the inclusion of noting that greater focus could be placed on the
settlement of disputes by peaceful means in paragraph 36, which is also recognized
in paragraph 38. We would propose to expand paragraph 38. We will follow up with a
text proposal.
CONFIDENCE BUILDING MEASURES
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The Netherlands thinks that adding declaratory statements, detailing member states
positions’, could build better understanding of each other’s views and lead to
increased trust and stability. We therefore welcome the reference in paragraph 63,
but would like to mention the “issuance of national declarations of adherence to the
framework for responsible State behaviour” as a separate paragraph under the
concluding/recommendation section.
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States may strengthen their shared ability to exercise CBMs by joining regional
organizations when possible. We welcome the mention that not all States are
members of regional organizations and not all regional organizations have CBMs in
place. It may be acknowledged additionally that regional organizations not yet
having CBMs should be encouraged to develop those and could benefit from using
existing regional CBMs as a source.