ELECTRONIC DATABASE TO DISSEMINATE TREATY INFORMATION WOULD BE WELCOMED BY ASSEMBLY, UNDER TEXT APPROVED BY LEGAL COMMITTEE

27 November 1996

Press Release
GA/L/3031

ELECTRONIC DATABASE TO DISSEMINATE TREATY INFORMATION WOULD BE WELCOMED BY ASSEMBLY, UNDER TEXT APPROVED BY LEGAL COMMITTEE

19961127 Committee Approves Six Draft Resolutions, One Draft Decision, on Aspects of International Law

The General Assembly would welcome the objective of developing a comprehensive electronic database to disseminate treaty information through such means as on-line access, according to one of six draft resolutions and one draft decision approved this morning without a vote by the Sixth Committee (Legal).

By further terms of the text, the Assembly would ask the Secretary- General to continue giving priority to implementing the computerization programme in the Secretariat's Treaty Section. It would endorse the proposed dissemination of treaties via the Internet, and would recognize that such access to treaty-related information was particularly valuable in countries where the cost of maintaining complete collections of treaties in bound volume form was relatively high.

The Assembly would convene a second session of the Sixth Committee's working group of the whole, from 24 March to 4 April 1997, to elaborate a framework convention on the law of the non-navigational uses of international watercourses, under another text.

By a text on the centennial, in 1999, of the first International Peace Conference, the Assembly would invite the Russian Federation and the Netherlands to arrange, as a matter of urgency, a preliminary discussion with other interested Member States on a programme of action to mark the centennial, as well as the closing of the United Nations Decade of International Law (1990-1999).

A draft resolution on the Decade would have the Assembly adopt a programme of action for its closing years (1997-1999). The programme aims at promoting respect for international law and the peaceful settlement of disputes between States, including resort to the International Court of Justice. It seeks to encourage the progressive development and codification of international law, as well as its teaching, study, dissemination and wider appreciation.

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The Assembly would ask the host country to continue taking all measures necessary to prevent any interference with the functioning of missions accredited to the United Nations, under another text. It would stress that the problem of diplomatic indebtedness remained a matter of significant concern, and reaffirm that non-compliance with contractual obligations could not be condoned.

By other terms of that draft, the host country would again be urged to consider lifting travel controls with regard to certain missions and Secretariat staff of certain nationalities. It would also be urged to continue taking appropriate action with regard to passage for members of the United Nations community at John F. Kennedy International Airport.

Under another draft resolution, the Assembly would express appreciation to the International Law Commission for completion of its draft code of crimes against the peace and security of mankind and its provisional draft articles on State responsibility. The Secretary-General would be asked to invite governments to present their views on action that might be taken in relation to the draft code and urge them to present their written views on the draft articles. They would also be encouraged to comment on the report of the working group on international liability for injurious acts not prohibited by international law.

By the terms of a draft decision on international law relating to the new international economic order, the Assembly would decide to resume consideration of the legal aspects of international economic relations at its fifty-fifth session, which begins in the year 2000.

Statements were made by the representatives of New Zealand, Australia, Netherlands, Lebanon, Mexico, United States, Belgium, Cuba, Ireland (for the European Union) and India.

The Sixth Committee will meet again this afternoon at 3 p.m. to take action on draft texts.

Committee Work Programme

The Sixth Committee (Legal) met this morning to take action on draft resolutions concerning the non-navigational uses of international watercourses, the centennial of the first International Peace Conference, establishment of an international criminal court, the United Nations Decade of International Law, an electronic treaties database, and the International Law Commission. It is also expected to act on a draft decision on law relating to the new international economic order.

Draft Resolutions, Decision

The Committee also had before it a report of its working group of the whole for elaboration of a convention on the law of the non-navigational uses of international watercourses (document A/C.6/51/L.3). It recommends that the Assembly convene a second session of the working group as soon as possible, to continue its work.

Under a draft resolution sponsored by France and Egypt (document A/C.6/51/L.4), the Assembly would decide, at the earliest possible date during its 1997 session, that the Sixth Committee shall convene a second session of its working group of the whole to complete its work on a framework convention on the law of the non-navigational uses of international watercourses.

Another draft resolution on the law on international watercourses (document A/C.6/51/L.5), sponsored by Brazil, would have the Assembly decide that the working group shall convene again for two weeks, between 27 January and 7 February 1997, to complete its work. It would then report directly to the Assembly.

With respect to the United Nations Decade of International Law (1990- 1999), the Committee had before it a draft resolution sponsored by the Netherlands and the Russian Federation on action in 1999 to mark the closing of the Decade and the centennial of the first International Peace Conference. That Conference was held at The Hague in 1899, at Russia's initiative.

By the terms of that text (document A/C.6/51/L.6/Rev.1), the Assembly would consider it desirable to draft a programme of action dedicated to the centennial of the Peace Conference and to the closing of the Decade. It would invite the Russian Federation and the Netherlands to arrange, as a matter of urgency, a preliminary discussion with other interested Member States on the substantive content of 1999 action.

The Assembly would also invite those Governments to seek the cooperation of the International Court of Justice, the Permanent Court of Arbitration, relevant intergovernmental organizations and other bodies. It would call on the competent United Nations organs, programmes and specialized agencies to study the possibilities of providing assistance in support of the action.

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The Assembly would decide to reaffirm the mandate of the Preparatory Committee for the Establishment of an International Criminal Court, under a draft resolution submitted by the Chairman of the Sixth Committee (document A/C.6/51/L.10). By its terms, the Assembly would set the dates for forthcoming meetings of the Preparatory Committee, to complete a draft convention for submission to a diplomatic conference of plenipotentiaries. It would decide that the conference would be held in 1998, with a view to finalizing and adopting the convention.

The Secretary-General would be asked to establish a special fund for the participation of the least developed countries in the work of the Preparatory Committee and of the conference, and all States would be called upon to make voluntary contributions to it. The Assembly would urge participation in the Preparatory Committee by the largest number of States, so as to promote universal support for an international criminal court.

The Assembly would direct the Preparatory Committee, during its forthcoming session, to deal with the following: definition and elements of crimes; principles of criminal law and penalties; organization of the court; procedures; complementarity and mechanisms to trigger the court's involvement; cooperation with States; establishment of the court and its relationship with the United Nations; final clauses and financial matters; and other matters.

By a draft resolution on the United Nations Decade of International Law (document A/C.6/51/L.11), the Assembly would adopt the programme of action for the final term of the Decade (1997-1999), annexed to the draft text. That programme addresses activities aimed at promoting respect for international law; promoting the peaceful settlement of disputes between States, including resort to the International Court of Justice; encouraging the progressive development of international law and its codification; and encouraging the teaching, study, dissemination and wider appreciation of international law.

The Assembly would invite all States and international organizations and institutions referred to in the programme to undertake the activities outlined in it and report on that to the Secretary-General. It would appeal to States, international organizations and non-governmental organizations working in the field of international law and to the private sector to make contributions in cash or kind to facilitate implementation of the programme. It would again ask the Secretary-General to bring the programme of action to the attention of States and international bodies working in the field of international law.

The draft resolution was proposed by the Chairman of the Committee's working group on the Decade.

The Assembly would welcome the objective of developing a comprehensive electronic treaties database containing all depositary and registration information and to disseminate electronically treaty and treaty law-related

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information from that database, including through on-line access, by a draft resolution (document A/C.6/51/L.13) proposed by the Chairman. That objective was stated in the Secretary-General's report on the United Nations Decade of International Law.

The Secretary-General would be asked to continue giving priority to implementing the computerization programme in the Treaty Section of the Office of Legal Affairs . He would also be called upon to ensure that all necessary support is provided to expedite publication of the printed version of the United Nations Treaties Series.

The Assembly would endorse the proposed Internet dissemination of the Treaty Series, in addition to the current access to the Multilateral Treaties Deposited with the Secretary-General. It would recognize that Internet access to treaties and treaty law-related information is particularly valuable in countries where the cost of maintaining complete collections of treaties in bound volume form is relatively high. Specialized agencies, other international bodies, and States having depositary functions for multilateral treaties would be invited to use their best efforts to provide such Internet access to treaties and related information as soon as practicable.

By a five-Power text on the report of the Committee on Relations with the Host Country (document A/C.6/51/L.14), the Assembly would ask the host country to continue taking all measures necessary to prevent any interference with the functioning of missions accredited to the United Nations. While noting with appreciation the Committee's efforts which had contributed to a decrease in diplomatic indebtedness, it would stress that existing indebtedness remained a matter of significant concern. It would reaffirm that non-compliance with contractual obligations could not be condoned or justified.

By other terms of that draft, the host country would again be urged to consider lifting travel controls with regard to certain missions and to staff members of the Secretariat of certain nationalities. The host country would also be called upon to review measures and procedures relating to the parking of diplomatic vehicles, with a view to responding to the growing needs of the diplomatic community. It would also be urged to continue taking appropriate action with regard to special passage for members of the United Nations community at John F. Kennedy International Airport.

The draft resolution is sponsored by Canada, Costa Rica, Côte d'Ivoire, Cyprus and Spain.

The Assembly would convene a second session of the Sixth Committee's working group of the whole, from 24 March to 4 April 1997, to elaborate a framework convention on the law of the non-navigational uses of international watercourses, under another draft resolution proposed by the Chairman (document A/C.6/51/L.16). Upon the completion of its mandate, the working group would report directly to the Assembly.

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Under a draft resolution proposed by the Chairman on the report of the International Law Commission (document A/C.6/51/L.17), the Assembly would express its appreciation to the Commission for completion of the final draft articles on the draft code of crimes against the peace and security of mankind and its provisional draft articles on State responsibility. It would ask the Secretary-General to invite governments to provide written comments and observations on action that might be taken in relation to the draft code. It would also urge governments to present their written comments and observations on the draft articles on State responsibility.

By other terms of the text, the Assembly would encourage governments who might wish to do so to provide written comments and observations on the report of the working group on international liability for injurious consequences arising out of acts not prohibited by international law. It would ask the Secretary-General to make appropriate arrangements to commemorate the fiftieth anniversary of the Commission's establishment through a colloquium on the progressive development and codification of international law.

By a draft decision on the progressive development of international law relating to the new international economic order (document A/C.6/51/L/19), the Assembly would decide to resume consideration of the legal aspects of international economic relations during its fifty-fifth session, which begins in the year 2000.

Action on Draft Resolutions, Decision

The Committee approved the draft resolution on the Committee on Relations with the Host Country without a vote.

FELICITY WONG (New Zealand), speaking as Chairman of the working group on the Decade of International Law, expressed support for the draft resolutions on the United Nations Decade of International Law, on the centennial of the first International Peace Conference, and on an electronic treaties database. Regarding the Decade, she said the job ahead was to mobilize international legal associations and non-governmental organizations to close the Decade with a focus on the democratization of international relations. The international criminal court project was an unparalleled effort and a fitting gift for future generations.

The representative of Australia, speaking on the draft on an electronic treaties database, said his delegation supported developments to broaden access to treaty texts and information, so as to increase transparency. The aim of the draft resolution was to address concerns over the backlog of eight years in the publication of treaties registered with the Secretary-General. There were no additional budget implications arising from the draft, which would clear the backlog and put the entire United Nations treaty series on the Internet. The idea was not to replace hard copy, but to provide alternative

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and immediate access. It was a worthy activity in the final stage of the Decade of International Law.

H.G.J. VERWEIJ (Netherlands) introduced the draft resolution on action to commemorate the centennial of the first International Peace Conference.

The representative of Lebanon, speaking on the draft on the protection of victims of armed conflicts (approved yesterday), said it contained language that should not be interpreted as changing the work done by the International Committee of the Red Cross (ICRC) with respect to protection of the environment in times of armed conflict.

The draft resolutions on the Decade of International Law, an electronic treaties database, and the centennial of the first International Peace Conference were approved without a vote.

The representative of Mexico introduced the Chairman's draft resolution on the non-navigational uses of international watercourses (document A/C.6/51/L.16). He said it was a compromise text, aimed at laying the foundations for continued work by the relevant working group. The sponsors of the previous drafts on the subject had therefore decided to withdraw those texts.

The draft resolution was approved without a vote.

Mr. VERWEIJ (Netherlands) introduced the draft resolution on establishment of an international criminal court. He stressed its request that the Secretary-General establish a special fund for the participation of the least developed countries in the work of the Preparatory Committee and in the diplomatic conference of plenipotentiaries, calling upon States to contribute voluntarily to it. His country had pledged $100,000 for the fund, and hoped other governments would follow its lead.

The Committee Secretary said conference-servicing requirements for the two-week meeting of the Preparatory Committee were estimated at $456,800.

The representative of the United States asked if that meant that, in the absence of a formal statement of budgetary implications, it was the view of the Committee Secretary that those costs should be absorbed. Would it be possible to hold such meetings without additional budgetary implications?

The Committee Secretary said all financial matters had to be handled by the Fifth Committee (Administrative and Budgetary).

The representative of Belgium said his Government had decided that if such a special fund was established for the participation of the least developed countries, Belgium would contribute to it.

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Cuba said the financial considerations did, indeed, fall to the Fifth Committee.

The representative of Lebanon said his country would have preferred that the special fund had addressed not only the least developed countries, but other developing countries as well. That would help ensure universal participation in the historic effort to establish an international criminal court.

A discussion ensued about deferring action on that text pending clarification of its financial implications. The representatives of Ireland (speaking for the European Union), United States and Cuba recommended deferring action.

The Committee Secretary said a statement of programme budget implications would be issued for all drafts which called for meetings. According to a new procedure, he was merely pointing out that the two-week meeting would require the funds just mentioned. The second issue was whether such costs could be absorbed under the existing budget.

The Committee decided to resume consideration of the text upon receipt of a written statement of its programme budget implications.

SANKURATHRIPATI RAMA RAO (India) introduced the draft resolution on the report of the International Law Commission which was approved without a vote.

The representative of Lebanon welcomed the draft's explicit statement that the Committee involve itself with work concerning the draft code of crimes against the peace and security of mankind.

The draft resolution on law relating to the new international economic order was approved without a vote.

The representative of Cuba expressed regret that consideration of the legal aspects of international economic relations would be taken at the Assembly's fifty-fifth session, rather than at its fifty-fourth session.

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