STATEMENT BY
MR. LOKE YEW JOE, REPRESENTATIVE OF MALAYSIA TO THE SIXTH COMMITTEE OF THE 80TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
ON AGENDA ITEM 82:
DIPLOMATIC PROTECTION
UNITED NATIONS HEADQUARTERS, NEW YORK, 23 OCTOBER 2025
Mr. Chair,
1. Malaysia thanks the Secretary-General for the report compiling written comments on the Draft Articles on Diplomatic Protection and notes the continued interest of delegations in this topic.
2. We recall our consistent position in previous deliberations of this Agenda Item that diplomatic protection is, and should remain, a sovereign prerogative exercised at the discretion of the State. There is no general obligation to espouse claims on behalf of individuals.
3. Malaysia underlines the importance of the rule on exhaustion of local remedies. Any exceptions must be narrowly defined to avoid uncertainty and to safeguard national judicial processes because such exceptions could generate legal and practical challenges for States, and risk creating uncertainty in international economic relations.
4. We remain cautious about progressive provisions that go beyond established practice or opinio juris, including on nationality continuity, protection for refugees and stateless persons, and shareholder-based claims as these matters may have implications to domestic legal systems and international economic relations.
5. Given the close conceptual link between diplomatic protection and the law of State responsibility and, noting the absence of a clear consensus on the way forward in relation to the agenda item on Responsibility of State in the 6th Committee, at this juncture, Malaysia considers it premature to elaborate a convention in this regard.
6. In any event, Malaysia supports the Committee’s continued work to identify areas of common ground and drafting issues. We welcome further written comments from States and stand ready to engage constructively, without prejudging the eventual form of any outcome.
Thank you.