Forthcoming in the Max Planck Yearbook of United Nations Law (27) However, if a forcible implementation is required, the expelling state should provide the alien with ‘a reasonable period of time to prepare for their departure, having regard to all circumstances’.134 At last, the Commission also included a separate section of draft articles on the legal consequences of expulsion, including an innovative right of readmission as a form of reparation, a provision on state responsibility, and a re-statement of the right of the state of nationality to exercise diplomatic protection on behalf of its expelled national. B. ‘Too Much’ Progressive Development? No doubt, the 2014 Draft Articles on the Expulsion of Aliens represented a commendable initiative by the ILC to clarify and articulate a particularly sensitive area of international law, especially by codifying settled norms on the human rights of non-nationals and progressively developing others. Yet, they have been the subject of considerable criticism from both states and academia, eventually becoming the Commission’s bête d’aversion.135 Commentators note that some draft articles have failed to incorporate – or have even ‘regressively developed’136 – rights firmly established in international migration law. In addition, some have questioned the Commission’s decision to propose draft articles on an area already regulated by a large number of bilateral, regional, and multilateral treaties. In fact, though the draft articles try to fix this issue through various ‘without prejudice’ clauses, the ways these may prevent and resolve conflicts between different bodies of law remain uncertain. 137 134 Ibid., at 30–32. This ‘contentiousness’ is illustrated by the initial inability of the UNGA to endorse, or even take note of, the draft articles, but to merely take ‘note of the recommendation of the International Law Commission contained in paragraph 42 of its report on the work of its sixty-sixth session, and decided to continue the consideration of the recommendation at the seventy-second session of the General Assembly (2017)’. See UNGA Res. 69/119, ‘Expulsion of Aliens’ (18 December 2014). 136 W. Kidane, ‘Missed Opportunities in the International Law Commission’s Draft Articles on the Expulsion of Aliens’ (2017) 30 Harvard Human Rights Journal 77-88, at 83–88. 137 Forteau, ‘A New “Baxter Paradox”?’, at 4–5. 135 34 Electronic copy available at: https://ssrn.com/abstract=4816199