DRAFTS ON REPORTS OF INTERNATIONAL LAW COMMISSION, HOST COUNTRY COMMITTEE, HIGHLIGHT WORK OF SIXTH COMMITTEE
Press Release
GA/L/2895
DRAFTS ON REPORTS OF INTERNATIONAL LAW COMMISSION, HOST COUNTRY COMMITTEE, HIGHLIGHT WORK OF SIXTH COMMITTEE
19951122 Text on Future Role of Trusteeship Council Also IntroducedThe General Assembly would urge the International Law Commission to complete the second reading of the draft code of crimes against the peace and security of mankind and the first reading of the draft articles on State responsibility during its next year's session, by the terms of a draft resolution on the Commission's report which was approved without a vote by the Sixth Committee (Legal) this morning.
By that text the Commission would also be urged to complete its first reading on the draft articles on activities causing transboundary harm.
Explaining his position on the topic, the representative of the United States said the Law Commission's work on the draft code of crimes against mankind and on State responsibility should be focused on areas where broad agreement was achievable.
A draft on the Report of the Committee on Relations with the Host Country, introduced by the representative of Cyprus, would have the Assembly urge the host country to consider lifting travel controls on certain missions and on Secretariat staff members of certain nationalities.
The Assembly would express the hope that the host country would continue to take all measures necessary to prevent any interference with the functioning of diplomatic missions and urge the host country to review procedures relating to the parking of diplomatic vehicles. It would also endorse the proposals of the Host Country Committee's working group on financial indebtedness.
Also this morning, the Committee began its consideration of the topic of the review of the role of the Trusteeship Council. The introduction and initial discussion of that item had been held directly in the plenary meeting of the Assembly.
Sixth Committee - 1a - Press Release GA/L/2895 44th Meeting (AM) 22 November 1995
The representative of Malta introduced a draft on the matter, by the terms of which the General Assembly would decide to include that item in the provisional agenda of its fifty-first session and recommend that specific attention be paid to studies and reports relative to the future of the Trusteeship Council.
The representative of Japan reiterated the position of his country that the Trusteeship Council had completed its historic mission and it would be appropriate to consider its abolition. The action of the draft was deferred until Friday, 24 November.
Also this morning, Legal Counsel of the United Nations Hans Corell updated the Committee on the status of publications on the Repertory of the Practice of United Nations Organs.
The Committee will resume its work at 10 a.m., Friday, 24 November, when it is expected to take action on the draft on the relations with the host country and consider drafts on the Programme of Assistance in Teaching, Study, Dissemination and Wider Appreciation of International Law; the Charter of United Nations and the strengthening of the role of the Organization; and the Decade of International Law.
Committee Work Programme
The Sixth Committee (Legal) this morning has before it the texts of draft resolutions on the review of the role of the Trusteeship Council, the report of the International Law Commission and the Report of the Committee on the Host Country.
The introduction and initial discussion of the role of the Trusteeship Council were held directly in the plenary meeting of the Assembly. In that connection, the Sixth Committee has before it a letter to the Secretary- General from the Permanent Representative of Malta (document A/50/142) transmitting a memorandum from his Government on that topic.
The memorandum proposes that the Trusteeship Council be designated a trustee of the common heritage of humankind. In that connection the Council would be given a new mandate to protect and preserve the natural environment of extraterritorial spaces. It would be charged with oversight relative to conventions incorporating the common heritage of mankind, and would be given a coordinating role in the international promotion of human rights and the safeguarding of peoples in situations of a complete breakdown of the State.
By the terms of the draft resolution, proposed by Malta, on the review of the role of the Trusteeship Council (document A/C.6/50/L.6), the General Assembly would decide to include that item in the provisional agenda of its fifty-first session. It would also request the Secretary-General to invite Member States to submit by 30 June 1996 their comments and proposals to enhance the Trusteeship Council. The Secretary-General would also be asked to submit a report containing those comments to the General Assembly at its fifty-first session.
Reaffirming the importance of the Assembly's open-ended high-level working group on the strengthening of the United Nations system in undertaking a thorough review of studies and reports on subjects relating to the revitalization and reform of the United Nations system, the draft would also recommend that specific attention be paid to studies and reports relative to the future of the Trusteeship Council.
By the terms of the Chairman's draft resolution on the report of the International Law Commission (document A/C.6/50/L.7), the General Assembly would urge the Commission at its forty-eighth session to complete its second reading of the draft code of crimes against the peace and security of mankind and its first reading of the draft articles on State responsibility. The Assembly would take into consideration divergent views expressed in the Sixth Committee debate concerning State responsibility so that alternative approaches may be developed.
Sixth Committee - 4 - Press Release GA/L/2895 44th Meeting (AM) 22 November 1995
The Assembly would urge the Commission to complete its first reading on the draft articles on activities causing transboundary harm. The Commission would also be asked to continue working on the topics of reservations to treaties and State succession and its impact on the nationality of natural and legal persons. States and international organizations would be invited to answer a questionnaire on the topic of reservations to treaties.
Also by the draft, the Assembly would note the Commission's suggestion that it include the topic of Diplomatic protection on its agenda and initiate a feasibility study on the topic of the law of the environment. It would invite governments to submit comments on both topics at its next session.
The Assembly would also request the Law Commission to examine its work procedures, and indicate in its annual report those issues on which governments might provide guidance. The Secretary-General would be requested to invite government comments on the Organization's codification process and note that the complexity of the Commission's work justified maintaining the usual duration of its sessions.
Also by the terms of the draft, the General Assembly would once again express the wish that seminars continue to be held in conjunction with the sessions of the International Law Commission and that an increasing number of participants from developing countries be given an opportunity to attend. It would also appeal to States to make voluntary contributions for the holding of the seminars.
By the terms of a five-Power draft resolution on the Report of the Committee on Relations with the Host Country (document A/C.6/50/L.8), the General Assembly would urge the host country to consider lifting travel controls on certain missions and on Secretariat staff members of certain nationalities. It would express the hope that the host country would continue to take all measures necessary to prevent any interference with the functioning of diplomatic missions, and would call upon the host country to review measures and procedures relating to the parking of diplomatic vehicles and to consult with the Committee.
Also by the draft, the General Assembly would endorse recommendations and conclusions of the Host Country Committee, including proposals of the Host Country Committee's working group on financial indebtedness. That working group recommended that heads of mission, foreseeing that funds for the financing of the mission will not suffice, should notify the head of the mission of the host State and take action to minimize the damage to third parties. Heads of mission that are informed that members of their staff do not fulfil their contractual obligations and incur debts should take measures to ensure that unpaid debts are promptly settled in full.
Sixth Committee - 5 - Press Release GA/L/2895 44th Meeting (AM) 22 November 1995
The Assembly would call on the host State to regularly forward to the Office of Legal Affairs information on undisputed debts. In cases where the debts of missions or individual diplomats have not been settled following bilateral contacts between the debtor and representatives of the host country, the mission of the host country may request the Secretary-General to convey to the mission concerned that there are legal and moral obligations to settle undisputed debts.
The Assembly would also endorse the Host Country Committee recommendation that permanent missions, their personnel and Secretariat staff members meet their financial obligations promptly and in full. The Assembly would stress that diplomatic indebtedness was a matter of significant concern to the United Nations and that non-payment of undisputed debts reflects badly on the diplomatic community and on the Organization.
In other recommendations of the Host Country Committee, the Assembly would note with appreciation measures taken by the host country to accelerate immigration and customs procedures for diplomatic personnel arriving in New York City and urge continued action on that regard.
The General Assembly would reiterate its appreciation to the permanent mission of the host country, to the New York City Commission for the United Nations and Consular Corps and the New York City Police Department.
The draft is sponsored by Bulgaria, Canada, Costa Rica, Cote d'Ivoire and Cyprus.
Action on Drafts
CONSTANTINE MOUSHOUTAS (Cyprus) introduced the draft resolution on the report of the Committee on Relations with the Host Country.
TYGE LEHMANN (Denmark), Sixth Committee Chairman, announced that action would be deferred until 24 November.
The Chairman then introduced his draft resolution on the Report of the International Law Commission on the work of its forty-seventh session.
The Committee approved the draft without a vote.
J. ARBOGAST (United States), speaking in explanation of position, urged that the International Law Commission ensure broad support for its draft code of crimes against the peace and security of mankind. The code must define the crucial norms of international law, he said. Completion of another reading of the code was not an end in itself; the object should be to get it right.
Sixth Committee - 6 - Press Release GA/L/2895 44th Meeting (AM) 22 November 1995
The Law Commission's work on State responsibility should also focus on areas where broad agreement was achievable, including provisions regarding so- called "international crimes by States". The resolution asked the Commission to develop alternative approaches so that problem would not stand in the way of completion of the first reading of the articles on State responsibility.
The representatives of France, Cameroon, Mexico and Algeria discussed technical aspects of the text in various language versions.
JOSEPH CASSAR (Malta) introduced his draft resolution on the review of the role of the Trusteeship Council.
The Committee deferred action on the draft.
NOBUKATSU KANEHARA (Japan) said that the Trusteeship Council had completed its historic mission. In the context of United Nations reform, the abolition of the Council should be considered. He suggested that legal aspects of that possibility be discussed in the Charter Committee and in the Sixth Committee.
Statement by Legal Counsel
HANS CORELL, United Nations Legal Counsel, said that multi-volume Repertory of the Practice of United Nations Organs, which described the practices of various organs of the Organization was being updated. The preparation of the Repertory had fallen behind schedule, creating difficulties for the departments concerned. The re-structuring of the Secretariat had also complicated the matter.
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