PRIORITY ATTENTION SHOULD BE GIVEN TO NATIONALITY OF PERSONS WHEN CONSIDERING EFFECTS OF STATE SUCCESSION, SIXTH COMMITTEE TOLD
Press Release
GA/L/3021
PRIORITY ATTENTION SHOULD BE GIVEN TO NATIONALITY OF PERSONS WHEN CONSIDERING EFFECTS OF STATE SUCCESSION, SIXTH COMMITTEE TOLD
19961112 Human Rights Dimension Cited; Also Need to Study Economic Consequences of Nationality of "Legal Persons"When considering the effect of State succession on the nationality of "natural persons" and corporate entities, priority should be given to the nationality of persons, which had human rights implications, the representative of Slovenia said this morning, as the Sixth Committee (Legal) continued its consideration of the report of the International Law Commission.
However, it was also important to address the nationality of "legal persons", in view of the effects that could have on the property rights of individuals, he told the Committee. "The picture of economic consequences of State succession on individuals will not be complete unless the fate of legal persons in the context of succession is thoroughly studied", he said.
In the past, the problem of granting nationality in relation to the succession of States had been dealt with on a case-by-case basis, the representative of Cameroon said. He, too, cited the need for the nationality of persons to be given priority, and stressed the obligation of States to do everything possible to keep families together.
Also this morning, the Committee considered the issue of international liability for the injurious consequences of acts not prohibited under international law, such as that resulting from transboundary environmental damage. In addition, it reviewed the Commission's work on reservations to treaties and heard views on the draft code of offences against the peace and security of mankind.
Statements were also made by the representatives of Italy, Viet Nam, the United Kingdom and Indonesia.
The Sixth Committee will meet again at 3 p.m. tomorrow, 13 November, to continue its consideration of the Commission's report.
Committee Work Programme
The Sixth Committee (Legal) met this morning to continue its consideration of the annual report of the International Law Commission (documents A/51/10 and Corr.1). It was expected to continue its consideration of the report's chapters on State succession and its impact on the nationality of natural and legal persons, international liability for injurious consequences arising out of acts not prohibited by international law, and reservations to treaties. (For background on the report, see Press Release GA/L/3014 of 4 November.)
Statements
UMBERTO LEANZA (Italy) said such modern industrial activities as the use of nuclear power and other endeavours which resulted in polluting substances presented new dangers to States. A general rule seemed to be taking shape that a State had a responsibility to prevent or mitigate the harm posed by those activities.
The scope of activities not prohibited by international law, but recognized as causing transboundary harm, should be enlarged, he said. However, any such list must be periodically updated to reflect either scientific or technical progress. There must be a clear and precise definition of compensation. Victims of transboundary harm should not be left with the responsibility for meeting all costs. The possibility of assistance from international bodies must also be considered.
BORUT MAHNIC (Slovenia), citing the distinction between natural and legal persons, said priority should be given to the issue of the nationality of natural persons, which involved human rights. Nevertheless, in cases of State succession, the nationality of legal persons could have consequences which affected the property rights of individuals. "The picture of economic consequences of State succession on individuals will not be complete unless the fate of legal persons in the context of succession is thoroughly studied", he said. He said a declaration would not be the most appropriate form for a document on State succession and its impact on the nationality of natural and legal persons. A declaration should contain only general principles of State succession. If there was an intention to elaborate the obligations of States or rules on specific situations of State succession, that should be done through a document of a legally binding nature, preferable a convention.
At present, legal rules and standards did not include an individual's right to dual or multiple nationality. It was puzzling that the Commission would be asked to elaborate on the obligation of States to consider an individual's desire to acquire the multiple nationalities. Rather than approaching that matter as an obligation, a more cautious approach should be
Sixth Committee - 3 - Press Release GA/L/3021 38th Meeting (AM) 12 November 1996
taken. The right of an individual to choose between the two nationalities in particular circumstances, if granted, should be limited to a certain period after the date of succession. On the question of reservations to treaties, guidance for governments on that subject was very much needed, he said.
NGUYEN DUY CHIEN (Viet Nam) spoke about the draft code of crimes against the peace and security of mankind. He said that what mattered was not the number of crimes to be included, but their degree of seriousness as international crimes. For example, if the threat of aggression and domination were considered very serious crimes, they must be included. The code must also contain provisions and effective measures for dealing with those crimes.
Sir FRANKLIN BERMAN (United Kingdom) said the part of the Commission's report concerning international liability proved that the topic was hollow at its core. The rules articulated in the report were not fit material for a legal code and begged too many questions; the topic should be set aside. The report's discussion of State succession, however, was the very model of how a preliminary study should be carried out. The form of a final document on that subject should be allowed to emerge as the work continued. The draft code of crimes against the peace and security of mankind should be used as source material for the international criminal court.
MAKARIM WIBISONO (Indonesia) said the crimes contained in the Commission's report, such as aggression, genocide, war crimes, crimes against humanity, and crimes against United Nations and associated personnel, posed problems of definition which needed careful consideration.
With respect to State responsibility, he said he did not agree with the view that countermeasures were necessary to make a wrongdoing State to comply with its legal obligations. The scope of that regime should be restricted and narrowly defined, as it could easily lend itself to abuse of weaker States. The goal of countermeasures should not be punitive; they should aim, rather, at reparation or restitution.
He said Indonesia supported the view that the work on reservations to treaties should take the form of a guide, in order to assist States and international organizations. Such an approach would avoid unnecessary confusion and facilitate the resolution of specific problems without resort to the rigidity of legal processes.
THOMAS FOZEIN (Cameroon) said there was an urgent need for a legal framework on the granting of nationality. In the past, the problem of granting nationality in relation to the succession of States had been dealt with on a case-by-case basis. The nationality of natural persons must be given priority. There was a clear link between State succession and human rights. The definition of State must be broadened to encompass the role of third States with respect to succession.
Sixth Committee - 4 - Press Release GA/L/3021 38th Meeting (AM) 12 November 1996
He said States had an obligation to do everything possible to keep families together. The description of the "reasonable" measures of State responsibility towards family reunification must be replaced with "necessary" measures, thus, requiring a State to do everything necessary to succeed in that effort.
* *** *