SELECTIVE LEGAL APPLICATION HAMPERS DEVELOPMENT OF INTERNATIONAL LAW, SIXTH COMMITTEE TOLD IN DISCUSSION OF INTERNATIONAL LAW DECADE
Press Release
GA/L/2892
SELECTIVE LEGAL APPLICATION HAMPERS DEVELOPMENT OF INTERNATIONAL LAW, SIXTH COMMITTEE TOLD IN DISCUSSION OF INTERNATIONAL LAW DECADE
19951117 The progressive development and codification of international law would not guarantee the peaceful settlement of disputes if the international community selectively applied legal rules, the representative of Algeria told the Sixth Committee as it completed its discussion of the United Nations Decade of International Law.The representative of the Democratic People's Republic of Korea said that if international law contained discriminating clauses, they would hamper the progressive development of international society. Lack of respect for legal obligations would inevitably cause disputes between States.
The representative of Cyprus said that while all States were equal before the law, smaller and weaker States were more likely to rely on law rather than on the exercise of power in resolving disputes.
India's representative welcomed the computerization programme which would soon allow the on-line retrieval of multilateral treaties registered and deposited within the United Nations.
The representative of Belarus said that the Russian Federation initiative to hold a third international peace conference would help to formulate new views on modern-day conflicts and could celebrate the completion of the Decade.
Also this morning, Sixth Committee Chairman Tyge Lehmann (Denmark), introduced the report of the Secretary-General on the United nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.
Other speakers this morning included the representatives of Uruguay, Ukraine, Peru, Argentina, Mexico, Kazakstan and Belize.
When it meets again at 10 a.m. on Monday, 20 November the Sixth Committee is expected to take up the Report of the Committee on Relations with the Host Country.
Committee Work Programme
The Sixth Committee (Legal) met this morning to conclude consideration of the Decade of International Law (for information, see press release GA/L/2891 of 14 November) and to take up the question of the United Nations Programme of Assistance in Teaching, Study, Dissemination and Wider Acceptance of International Law.
The Programme was established by the General Assembly in 1965. More recently, Assembly Resolution 48/29 of 9 December 1993 authorized the Secretary-General to carry out in 1994 and 1995 the activities of the Programme. The Programme is closely related to the Decade of International Law (1990-1999), which also pursues, along with other goals, the purpose of the encouragement of teaching, study, dissemination and wider appreciation of international law.
The Committee had before it a report of the Secretary-General on the Programme of Assistance (document A/50/726), in which he states that in 1994 and 1995, the implementation of the Programme within the United Nations system encompassed numerous activities, including the organization of two sessions of the International Law Seminar for postgraduate students, young professors and government officials; national seminars on international trade law; fellowships offered at national institutions; and other seminars, conferences and professional meetings. The Office of Legal Affairs of the United Nations Secretariat, and in particular, its Codification Division, continued to perform various functions connected with the goals of the Programme.
The programme activities concerning the Law of the Sea and Ocean Affairs included the continuation of the Hamilton Shirley Amerasinghe Fellowship on the Law of the Sea. Eight annual awards and one special award had been given by the Legal Counsel of the United Nations since 1986. A number of other fellowships were also awarded at the request of Governments of developing countries within the framework of the International Law Fellowship Programme.
The Sixth United Nations Commission on International Trade Law (UNCITRAL) Symposium on International Trade Law was held in Vienna in May 1995, the report stated. The subject of the teaching, study, dissemination and wider appreciation of international trade law was considered at its twenty-seventh and twenty-eighth sessions.
The Treaty Section of the Office of Legal Affairs was actively pursuing its programme of computerization of its treaty database, intending to provide on-line access to its collection to Member States and others. That task would be completed by the end of 1995, and once the optical disk system was in place, new registered material would be added onto it.
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According to the report, the publication of Multilateral Treaties Deposited with the Secretary-General, Status as at 31 December 1994, occurred for the first time simultaneously in English and French. It continued to be updated on a daily basis. Also, various United Nations publications continued to be distributed, including the United Nations Juridical Yearbook and the United Nations Reports of International Arbitral Award; the Work of the International Law Commission, Summaries of the Judgments and Advisory Opinions of the International Court of Justice; the UN Chronicle, the Law of the Sea Bulletin; and the Annual Review of Ocean Affairs.
The report also contains description of activities carried out within the framework of the Programme by the United Nations Institute for Training and Research (UNITAR) and United Nations Educational, Scientific and Cultural Organization (UNESCO).
Regarding the guidelines and recommendations for the execution of the Programme in the biennium of 1996-1997, the report states that no new budgetary resources were provided for the teaching, study and dissemination of international law. Such activities would have to be financed from the existing overall level of appropriations and voluntary contributions from States.
The report also contains recommendations for holding future sessions of the Geneva International Law Seminar in conjunction with those of the International Law Commission. Other activities of the United Nations should also be continued, and maximum use should be made, in the implementation of the Fellowship Programme, of existing human and material resources, so as to achieve the best possible results within the policy of maximum financial restraint.
The report further states that new activities should be undertaken only if overall level of appropriations of the United Nations budget or voluntary contributions from States made them possible. In that connection, the Secretary-General proposes to create an audio-visual library on teaching international law. Efforts should be made to assist States and, in particular, developing States and their universities and institutions in incorporating international law courses into their curricula.
It was also expected that activities of UNITAR may be continued, subject to appropriate funding. The UNESCO contribution to the Programme would also continue during the next biennium, within the framework set by its budgetary allocations.
The report also states that the Secretary-General would, if the General Assembly so decided, repeat his requests for voluntary contributions to the Programme. It was proposed that, as in past years, the funds accruing from such contributions should, subject to considerations of a practical nature, go
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towards the increase of the number of fellowship grants to candidates from developing countries, in addition to the minimum that would be authorized by the General Assembly under the appropriations from the regular budget.
The report also reflects the discussions which took place at the twenty- ninth and thirtieth sessions of the Advisory Committee on the Programme of Assistance.
Also before the Committee was the note by the Secretary-General on the membership and functions of the Advisory Committee on the Programme (document A/C.6/50/2), according to which the mandate of the present membership of the Committee expires on 31 December 1995. New members of the Committee would have to be appointed at the current session of the General Assembly.
The note states that the delegations may wish to follow the procedure used over the past years, when, following decisions by various regional groups concerning the States candidates for membership in the Advisory Committee, the Sixth Committee would include in a draft resolution on the Programme a paragraph with its recommendations to the Assembly regarding the composition of the Advisory Committee for the period from 1 January 1996 to 31 December 1999, assuming that the term of office remains four years.
CHOE TONG U (Democratic People's Republic of Korea) said the establishment of an equitable, democratic and new international order would require the progressive development and codification of international law, which would play an important role in ensuring international peace and security and the peaceful settlement of disputes.
International relations in the next century should be based on international law, respect for sovereignty, territorial integrity, non- interference, mutual benefit and peaceful coexistence. Those goals could only be met where international laws were strictly observed and when respect for sovereignty became a fundamental guarantee.
If the principle of sovereignty was not respected in the formulation and application of new international law, and if discriminating clauses were still contained in those laws, they would hamper the progressive development of international society, he said. No country, large or small, developed or least developed, was entitled to enjoy privilege in the observance of international law.
NOUREDDINE SIDI-ABED (Algeria) said that the United Nations Decade of International Law had provided States a framework for better understanding and implementing international law. The progressive development and codification of international law should consolidate the recourse to peaceful means in the settlement of disputes. The United Nations was a proper framework for the codification of law.
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The process of codification was still trying to raise the level of international law in global affairs, he continued. That success would not be guaranteed if the international community did not respect law through the adoption of universal Conventions. The absence of universal legal rules and the selective application of law were harmful to peace and security.
The International Court of Justice must be strengthened in its role in the maintenance of international peace and security. The United Nations Congress on Public International Law had made an important contribution to the progressive development of law. The proposal of the Russian Federation for a third Hague Peace Conference deserved the attention of the international community, he added.
VASSILIOS PHILIPPOU (Cyprus) said that international law should play an important role in diplomacy and international affairs. Generally speaking, it was smaller and weaker States that had more reason to rely on law rather than on the exercise of power in defending their sovereignty, independence and territorial integrity. Even though all States were equal before the law, some States were more "international law-minded" than others.
Cyprus had always tried to participate constructively in the major law- making conferences held under United Nations auspices and to make its contribution in such areas as developing compulsory third-party dispute settlement procedures. His country was party to most international human rights conventions, universal as well as regional, and had accepted the compulsory jurisdiction of the International Court of Justice.
If international law had been adhered to, the Cyprus problem would not have arisen, he said. If legal rules were applied today, the international aspects of the problem could be solved fairly for all parties concerned and in the interest of international peace.
MARIA LUHAN FLORES (Uruguay) said that promotion of international law was a concern for all States and had particular importance for the developing countries. Adherence to international law was the best guarantee for progress. Peaceful settlement of disputes was also of great importance and should be obtained by increasing the number of multilateral treaties and promoting their acceptance. Her country was promoting peaceful settlement of disputes, including recourse to the ICJ, and was the first one to accept the binding nature of the rulings of the Court.
Promoting peaceful settlement of disputes, it may be possible to elaborate a universal convention to be applied in all cases where existing legal instruments did not provide adequate machinery, she continued. Special importance should be attributed to regional and interregional machinery for cooperation. In that connection, Uruguay was trying to organize the third Space Conference for the Americas in 1996.
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Her country was also promoting teaching, study and dissemination of international law. In that regard, she expressed appreciation for the Congress on Public International Law, which constituted an unparalleled event in the history of the United Nations. It was also necessary to bring up to date the publication of the rulings and opinions of the ICJ and to translate that document into Spanish. She also supported the initiative of the Russian Federation to hold a third peace conference at the conclusion of the Decade.
SYARGEI SYARGEEU (Belarus) supported the main objectives of the Decade. The United Nations Congress on International Public Law had made a significant contribution to increasing the authority of international law. He called on the Secretariat to do its utmost to disseminate the materials of the Congress.
Belarus was continuing its active work in the implementation of the Decade, he continued. It adhered or succeeded to a wide range of international agreements. One of the most important events in his country was the adoption of the new Constitution. It was necessary to ensure that the legal norms of the country corresponded to the international norms. National efforts to put into effect the purposes of the Decade manifested themselves in the teaching of international law in state universities. A number of private institutions of higher learning had also been founded, which provided courses in international law.
States themselves must decide which aspects of the Programme they wanted to concentrate on, he said. His country wanted to develop a legal inventory and mechanism for peaceful settlement of disputes. Also, the initiative of the Russian Federation to hold a third international peace conference would help to formulate new views on modern-day conflicts and could celebrate the completion of the Decade.
OLEKSIY V. STEPANOV (Ukraine) said the programme of the Decade would facilitate strengthening of the principles and norms of international law and enhance its effectiveness.
After the declaration of independence of Ukraine, the development of an international legal basis for the relations with other States, both on the multilateral and bilateral level, had become one of the priority aspects of its policy. Treaties elaborated under the aegis of the United Nations were of paramount importance to his country. On 9 November, Ukraine had become a full-fledged member of the Council of Europe. Ukraine had signed the European Convention on Human Rights and was taking steps for direct participation in other Conventions and protocols of that organization.
He went on to emphasize the special importance of the Congress on Public International Law, which had undoubtedly made a considerable contribution to the Decade on International Law. In October, a Year of Law was declared in Ukraine. A number of universities had increased the number of courses on
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international law and the law of treaties in their curriculums. Experiencing the lack of qualified specialists in international affairs, Ukraine had established new educational institutions to train them.
FERNANDO GUILLEN (Peru) said that the strengthening of the Security Council and its decision-making will not depend solely on an increase in Council membership. It was important that the Council act only within the law. International law was the only way that the multilateral system could progress toward more civilized relations. Law was of irreplaceable practical value; it was the future of multilateral relations.
The United Nations was undergoing an intense period of transformation. Commanding respect for law was the only way to ensure international stability and peace.
SOCORRO FLORES (Mexico) said that her Government was committed to the strict observance of international law and of the Decade. This year had been productive for international law. The varied activities on the calendar reflected the responsible manner in which legal initiatives had been undertaken. She was pleased to see that the judgements and advisory opinions of the International Court of Justice would be updated in all the official languages of the Organization.
This year's United Nations Congress on Public International Law had been an unqualified success, she said. The Congress would encourage international society in its efforts toward a universal goal: the observance and respect for international law.
Mexico had undertaken a number of activities aimed at the teaching and dissemination of international law. A major achievement in that area had been workshops on public international law. The Mexican Foreign Ministry had promoted new developments in international law at academic institutions and professional associations. Mexico intended a workshop on public international law aimed at the Spanish and Portuguese-speaking communities in New York City in 1996.
SILVIA A. FERNANDEZ DE GURMENDI (Argentina) said that she was satisfied at the volume of contributions made by the United Nations, governments, non- governmental organizations and the International Committee of the Red Cross regarding the protection of the environment in times of armed conflicts.
In Latin America, the Decade of International Law had been observed in many different activities. In October, the Latin American Association of International Studies had been created. Argentina supported Mexico's idea for a workshop for the benefit of Spanish and Portuguese speakers in New York next year.
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In Argentina, the national committee for the Decade had promoted activities, seminars and conferences as well as the publication of books and articles on international law.
HASHIM ABDUL HALIM (India) said that his country had always been committed to the principles of the Charter of the United Nations and to principles of international law. International peace and security were closely related to development and disarmament, particularly nuclear disarmament.
India actively participated in international law-making. It was a State party to many international treaties, conventions and other legal instruments. India was a founding member of the Asian-African Legal Consultative Committee (AALCC), he said.
Within India, international law formed part of the curricula of several universities and institutions at graduate and post-graduate levels, especially for law, political science and other social sciences. Some law schools conducted moot court competitions and selected teams for international competitions. The Government of India had started publishing a treaty series and the Indian Society of International Law was active in the field of research, and published the Indian Journal of International law.
He welcomed the computerization scheme of the treaty section, which would soon allow the on-line retrieval of multilateral treaties registered and deposited within the United Nations.
AKMARAL Kh. ARYSTANBEKOVA (Kazakstan) said her country fully supported the aims of the Decade and intended to promote them within its national policy, she continued. Its Constitution had been recently adopted on the basis of respect for the principles of international law. Kazakstan adhered to existing international treaties and was a party to major international conventions.
Her country had little experience in the field of international law and wanted to participate in coordinating its programmes with the existing programmes of the international organizations. Cooperation in the fields of the environment, transportation, and combating illegal drug problems was of high priority to her country. In that respect, she drew the delegates' attention to the recent declaration on the problems of the Aral Sea adopted by the countries of Central Asia. A draft convention on that issue was being prepared.
Kazakstan needed specialists in international law, and the teaching and dissemination of international law were of utmost importance to it. The institutions of higher learning were incorporating courses in international law in their curriculums. United Nations publications were playing an
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important role in legal education in Kazakstan. Cooperation with foreign institutions was also developing, which helped to improve the level of education in international law.
Programme of Assistance in the Teaching, Study and Dissemination of International Law
TYGE LEHMAN (Denmark), Chairman of the Sixth Committee, introducing the next item of the agenda, said that the report on the Programme had been examined in draft form by the Advisory Committee on the Programme. Also, the mandate of the current members of the Advisory Committee was lapsing on 31 December 1995 and it was important that the regional groups promptly indicate which States members of the group they wished to nominate for appointment to the Advisory Committee for the next term.
EDWARD A. LAING (Belize) said international law was the language for international relations. The essential nature of law and one of the essential tasks of lawyers was looking towards the future. As was brought out during this years' Congress on Public International Law, one of the most important aspects of teaching was its future orientation.
In teaching international law, it was necessary to consider incorporating more materials drawn from the experiences of the subregions and the countries in which the lessons were being imparted, he continued. It was also necessary to encourage the provision of assistance for the preparation of materials sensitive to the realities of the various localities, and, where possible, prepared locally, subregionally and regionally.
In view of the absence in many States of international legal advisers, the United Nations must actively explore ways and means to improve that situation, he continued. One way might be to target legislators and their staffs as participants in various programmes described in the report. He also strongly supported the increased use of electronic technologies. Assistance would have to be provided to those parts of the world which had limited electronic communications capabilities.
There was an urgent need to identify and harness vast new resources, both human and financial, he said. The Security Council might consider utilizing the media and public relations machinery to complement and sometimes even substitute for more coercive measures of enforcement and peacemaking. In that way, legal norms could be applied in modes of communications and education.
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