LACK OF FINANCES, TECHNICAL ADVICE, LIMITS DEVELOPING COUNTRY PARTICIPATION IN TREATY-MAKING, GHANA TELLS SIXTH COMMITTEE

19 November 1996

Press Release
GA/L/3026*

LACK OF FINANCES, TECHNICAL ADVICE, LIMITS DEVELOPING COUNTRY PARTICIPATION IN TREATY-MAKING, GHANA TELLS SIXTH COMMITTEE

19961119 Committee Continues Consideration Of Decade of International Law, 1990-1999

In developing countries, the absence of adequate financial resources and technical advice might adversely affect the quality of their participation in the important process of multilateral treaty-making, the representative of Ghana said this afternoon, as the Sixth Committee (Legal) continued its consideration of the United Nations Decade of International Law, 1990-1999. He was one of several speakers citing the constraints faced by developing countries in implementing the aims of the Decade, which seeks to promote respect for international law and for the peaceful settlement of disputes between States. It also aims at encouraging the progressive development of international law, as well as its codification, teaching and dissemination. A lack of resources and shortage of international legal experts had limited Mongolia's efforts at promoting the Decade, that country's representative told the Committee. Among needed steps was the retraining of most Mongolian lawyers in international legal theory and practice, as they had been exposed to seven decades of a highly politicized legal education. The representative of Australia, also speaking for New Zealand, said dissemination of the United Nations Treaty Series on the Internet would be a significant achievement, while Bolivia, speaking for the "Rio Group", stressed the need for an electronic treaty register. The representative of Ghana, however, said the print format must not be ignored, since not all countries had the means to access electronically disseminated information. Statements were also made by the representatives of Romania, the Sudan and the Democratic People's Republic of Korea. The Committee will meet again at 10 a.m. tomorrow, 20 November, to continue its consideration of the United Nations Decade of International Law.

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* The press release for 18 November should have appeared under the symbol GA/L/3025 and designated the 42nd Meeting.

Committee Work Programme

The Sixth Committee (Legal) met this afternoon to continue its consideration of the United Nations Decade of International Law, 1990-1999. It had before it a report of the Secretary-General on the Decade, as well as a draft resolution on action in 1999 to mark the closing of the Decade and the centennial of the first International Peace Conference. (For background, see Press Release GA/L/3026 of 18 November).

Statements

AUREL PREDA (Romania) said the adoption of a convention against illicit trafficking of children and the elaboration of convention on international crimes were important initiatives in international law. International law could and should play a key role in world affairs.

He said Romania had promoted respect for international law through its teaching in universities and secondary schools throughout the country. Romanian textbooks addressed such broad themes as enforcement, the role of the International Court of Justice, the use of force in international relations, the protection of human rights and international preservation of the environment. Romania's National Committee for the Decade had organized many activities in support of international law, including a conference on human rights and State sovereignty.

CHARLES MANYANG (Sudan) said humanity had taken many steps to benefit from the lessons of the past and to achieve important goals in support of international law. His Government had been working to uphold the principles of international law, pursuing them through peace and cooperation, while serving human rights. Such principles could be preserved only by being part of international treaties. The Sudan had acceded to many such treaties.

There must be honesty and transparency in dealings among countries, he said. That was essential if disputes were to be settled peacefully. The Decade of International Law gave great importance to the role of the International Court of Justice in avoidance of wars.

RI TONG IL (Democratic People's Republic of Korea) said international law had a great role to play in countering the arbitrariness that still existed in international affairs. Interference in States' internal affairs, regional disputes and armed conflicts continued to threaten the international community. It was regrettable that the fundamental principles of international law were often violated. Some States still attempted to force their ideology on another. Military intervention would only worsen global peace and security. The urgent task was to settle armed conflicts and disputes in different parts of the world.

Sixth Committee - 3 - Press Release GA/L/3026 43rd Meeting (PM) 19 November 1996

ERIC ODOI-ANIM (Ghana) endorsed the principle of broader participation in multilateral treaties, which supported the progressive development of international law and its codification.

Such treaty-making was a complex endeavour requiring skills, technical knowledge, and a detailed grasp of all developments in a particular field. In developing countries, the absence of adequate financial resources and the lack of technical advice might adversely affect the quality of their participation in the process of such treaty-making.

On publication of the United Nations Treaty Series, he expressed satisfaction that a comprehensive computerization programme would facilitate effective and timely dissemination of treaty information from the United Nations through global electronic gateways. However, while electronic dissemination was less expensive than other means, print must not be ignored. "Not all the members of the United Nations have the necessary infrastructure to avail themselves of the information transmitted through the electronic medium", he said.

RICHARD ROWE (Australia) also speaking for New Zealand, said ensuring that the United Nations Treaty Series was brought up to date in the near future and then disseminated via the Internet would represent a significant achievement by the Secretariat. Member States, United Nation agencies, other international organizations, academic institutions and non-governmental organizations accredited with the United Nations should have free Internet access to the Treaty Series.

He said the jurisdiction of the International Court of Justice should be augmented through treaty provisions, mutual agreement among States, or by expanding the number of States which have agreed to accept its compulsory jurisdiction. Modernizing procedures within the Court would help win the confidence of States.

He drew attention to a special colloquium to commemorate the fiftieth anniversary of the International Court of Justice, which was held in Australia. He said it had provided a valuable forum for experts from Australia and New Zealand to examine the Court's performance since its establishment in 1945, and to consider its future role.

JARGALSAIKHANY ENKHSAIKHAN (Mongolia) said his Government was pleased that a number of international conferences and bodies had focused on one of the Decade's objectives -- the progressive development and codification of international law. In the new post-cold war period, that law required a comprehensive approach, encompassing the political and economic, disarmament and environmental, humanitarian and cultural spheres. The importance of

Sixth Committee - 4 - Press Release GA/L/3026 43rd Meeting (PM) 19 November 1996

building the framework for a global environment regime was rapidly emerging as a major new field of international law.

He said Mongolia had undertaken a number of measures aimed at attaining the objectives of the Decade, encouraging specific measures by state and public institutions. However, the Government's efforts to ensure broader appreciation of international law were constrained by a lack of resources and a shortage of international law experts. Most Mongolian lawyers needed retraining in international law theory and practice, for they had been exposed to seven decades of a highly politicized legal education which was far from the mainstream.

He said Mongolia supported the initiative for the convening of a third international peace conference in 1999 to commemorate the centenary of the First International Peace Conference and the end of the Decade. It was important to invigorate international cooperation to implement the goals of the Decade during its remaining years. It was hoped that by then, the universality of international law would have created favourable legal conditions for justice, which was the basis for durable peace.

GUSTAVO PEDRAZA (Bolivia) addressed the Committee on behalf of the "Rio Group" (Argentina, Bolivia, Brazil, Colombia, Costa Rica, Chile, Ecuador, Mexico, Panama, Paraguay, Peru, Uruguay and Venezuela). He said the adoption of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) and the establishment of the International Tribunal for the Law of the Sea represented important developments in international law. The promulgation by States of laws having extraterritorial effects was not in accord with international law, he said. The fundamental tenets of the Helms-Burton Act and their application were a case in point.

He stressed the need for an electronic treaty register, which would permit a large number of users. Similarly, the multilateral treaties deposited with the Secretary-General should be in electronic form and translated into the official languages of the United Nations.

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