LEGAL COMMITTEE BEGINS REVIEW OF INTERNATIONAL LAW DECADE

14 October 1997

Press Release
GA/L/3041

LEGAL COMMITTEE BEGINS REVIEW OF INTERNATIONAL LAW DECADE

19971014 Mongolia Offers Proposal on Adoption of Guiding Principles For Negotiations; Debate on Strengthening UN Charter Is Concluded

The Sixth Committee (Legal) this afternoon began discussion of the United Nations Decade of International Law, 1990-1999, with Mongolia introducing a proposal calling for the adoption of guiding principles for international negotiations.

The Committee also concluded its consideration of the report of the Special Committee on the Charter of the United Nations and on Strengthening the Role of the Organization, which covered issues such as effects of sanctions on third States, possible amendments to the Statute of the International Court of Justice and the future of the Trusteeship Council.

Introducing his country's proposal, entitled "Draft guiding principles for international negotiations", the representative of Mongolia said the principles could be embodied in an international document in the form of a code of conduct of States. The appropriate forum for its elaboration was the General Assembly, he said, adding that its adoption at the turn of the century could be a fitting way to mark the Decade's end.

Some representatives said the declaration of the Decade corresponded to important legal developments in their respective countries. They had also taken effective steps to help promote the acceptance of and respect for the principles of international law.

The representative of China said his country was completing important changes in its legal framework during the Decade, and that Programmes of Action dedicated to the Decade had positive significance at the national level.

The representative of Slovakia said the process of significant political changes in his country began around the time that the Decade was declared by the General Assembly. Slovakia had also given full respect to the International Court of Justice.

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Statements on the Decade of International Law were also made by Paraguay (on behalf of the Rio Group), Netherlands (on behalf of the European Union) and France.

On the report of the Special Committee on the Charter, statements were made by the Republic of Korea, Viet Nam, Guatemala, the Democratic Republic of the Congo, Pakistan, Syria and Italy.

The Committee will meet again at 10 a.m. tomorrow, 15 October, to continue its consideration of the United Nations Decade of International Law.

Committee Work Programme

The Sixth Committee (Legal) met this afternoon to conclude its examination of the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. (For background on the report, see Press Release GA/L/3038 of 8 October.)

The Committee was also to begin consideration of the United Nations Decade of International Law (1990-1999), with a focus on two issues: action to be taken in 1999 dedicated to the centennial of the first International Peace Conference as well as the closing of the Decade; and a Mongolian proposal on the drafting of guiding principles for international negotiations.

The Committee has before it a note of the Secretary-General on the International Law Decade; a draft resolution by the Netherlands and the Russian Federation on "Action to be taken dedicated to the 1999 centennial of the First International Peace Conference and to the closing of the United Nations Decade of International Law"; and a letter from the Permanent Representative of the Netherlands containing the programme of action for the celebration of the centennial. Also before the Committee is a letter from the Permanent Representative of Mongolia containing its proposal with a draft resolution on "Guiding principles for international negotiations" annexed to it.

Decade of International Law

By its resolution 44/23 of 17 November 1989, the General Assembly declared the period 1990-1999 the United Nations Decade of International Law to promote acceptance, respect and progressive development of international law as well as its teaching and dissemination. The establishment of the Decade was also to encourage the peaceful settlement of disputes. The General Assembly by its resolution 51/157 of 16 December 1996 adopted the programme of activities for the final term (1997-1999) of the Decade.

In a note on the Decade (document A/52/363), the Secretary-General regrets that the Convention on the Law of Treaties between States and International Organizations or between International Organizations concluded in 1986 under the aegis of the United Nations continues to languish without any clear prospect of its early entry into force. Under article 85 of the Convention, that shall take place "on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession by States". As of 21 August, there were 23 contracting States, 16 other signatory States and 10 signatory organizations, none of which had deposited an act of formal confirmation.

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On other matters, the Secretary-General's note refers to the colloquium on the progressive development and codification of international law to be held at Headquarters on 28 and 29 October. It also refers to the planned celebration of the fiftieth anniversary of the International Law Commission next year, which will be marked with a seminar to be held at Geneva on 22 and 23 April 1998 during the Commission's fiftieth session.

To facilitate access to information on United Nations activities in the field of international law, the note says a specific sub-site has been added to the home page of the Organization. It contains material on: the International Court of Justice; Codification; Development and Promotion of International Law; International Trade Law; Law of the Sea; Treaties; and the International Criminal Tribunal for the Former Yugoslavia.

In response to General Assembly resolution 51/158 of 16 December 1996 entitled "Electronic treaty database", the note evaluates the economic and practical feasibility of providing Internet access to the United Nations Treaty Collection with a user fee. It concludes that a user fee should be levied, as the on-line version of the collection was highly costly. Responding to a provision of the same resolution, the note assesses the possibility of translating the list of titles appearing in the publication, Multilateral Treaties Deposited with the Secretary-General.

Draft Resolution on 1999 Centennial Celebration

Before the Sixth Committee is a draft resolution submitted by the Netherlands and the Russian Federation on action to be taken dedicated to the 1999 centennial of the First International Peace Conference and to the closing of the United Nations Decade of International Law (document A/C.6/52/L.2).

The draft text would have the General Assembly welcome the programme of action which aims at contributing to the further development of the themes of the first and the second International Peace Conferences and which could be regarded as a third International Peace Conference.

The Assembly would invite the Netherlands and the Russian Federation to proceed with the implementation of the programme of action, and for States to participate in the activities and to coordinate efforts at the global, regional and national levels. States would also be asked to take appropriate measures to ensure universal participation, including by representatives of the least developed countries.

By the draft text, the Assembly would call upon the competent United Nations organs, subsidiary organs, programmes and specialized agencies, including the International Court of Justice, the International Law Commission

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and the Secretariat, within their respective mandates, competencies and budgets to cooperate and coordinate efforts in the implementation of the programme and to consider participating in the envisaged activities.

Other international organizations would also be called upon to do likewise.

The Secretary-General would be requested to ensure consistency of the Organization's activities relating to the closing of the Decade of International Law with the programme of action.

Finally, the draft text would have the Assembly decide to include in the provisional agenda of its fifty-third session, under the item entitled "United Nations Decade of International Law", a sub-item headed "Progress in the action dedicated to the 1999 centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law".

Details of the programme of action for the celebration of the centennial of the first International Peace Conference are annexed to a letter from the Permanent Representative of the Netherlands addressed to the Secretary-General (document A/C.6/52/3). Giving a historic background to the Conference, the document notes that at 2 p.m. on 18 May 1999, it will be exactly 100 years since, at the invitation of Czar Nicholas II of Russia and Queen Wilhelmina of the Netherlands, the first Hague Peace Conference was called to order, ushering in the age of multilateral diplomacy and codification of international law.

The Conference ended on 29 July 1899 with the signing of the Final Act of the Conference, the Convention on the Peaceful Settlement of International Disputes, the Convention Respecting the Laws and Customs of War on Land and the Convention on the Application of the Principles of the 1864 Geneva Convention on Naval Warfare. It also adopted the Declaration concerning the Prohibition of Launching Projectiles and Explosives from Balloons, the Declaration concerning the Prohibition of the Use of Asphyxiating Gases and the Declaration concerning the Prohibition of the Use of Expanding Bullets.

During the fiftieth General Assembly session, the Russian Federation proposed that Member States assemble once again, after 100 years, to review the results of the century-old initiative. At the same time the Government of the Netherlands had started consultations about the ways and means to commemorate the 1899 Peace Conference.

The General Assembly, by its resolution 51/159 of 16 December 1996, invited the Russian Federation and the Netherlands to arrange, as a matter of urgency, a preliminary discussion with other interested Member States on the

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substantive content of action to be taken in 1999 and to seek the cooperation of the International Court of Justice, the Permanent Court of Arbitration, relevant intergovernmental organizations, as well as other relevant organizations.

It is proposed to convene the centennial Peace Conference from 17 to 19 May 1999 at The Hague. The Netherlands letter notes that the year 1999 is a special one from the point of view of international law in general, and the Hague law in particular. It marks not only the centennial of the 1899 Hague Peace Conference and the resulting Conventions and Declarations, but also the fiftieth anniversary of the four 1949 Geneva Conventions for the protection of victims of war, and the closure of the United Nations Decade of International Law. The year 1999 will also see the twenty-seventh International Red Cross and Red Crescent Conference.

In addition, events will take place all over the world in relation to the turn of the millennium, with a possible link to the 1899 Hague Peace Conference or any of its themes, namely, the armament question; humanitarian law and the laws and customs of war; and the peaceful settlement of international disputes.

Consequently, according to the letter, during the latter part of 1998 and the whole of 1999, a number of activities are scheduled for the final year of the Decade of International Law. These will include the celebration of the centennial of the 1899 International Peace Conference itself, and presentation of the report on that observance to the General Assembly and to proposed meetings to be held at The Hague and St. Petersburg.

Activities in other forums connected with the outcome of the 1899 Peace Conference are planned, such as the closure of the United Nations Decade of International Law (New York), the twenty-seventh International Red Cross and Red Crescent Conference (Geneva), the possible revision of the 1954 Cultural Property Convention and the establishment of an international criminal court.

There will be other activities at the appropriate level, such as regional meetings of national branches of the International Law Association and the equivalent forums for military and peace-keeping experts in preparation of the 1999 centennial celebrations at international, regional and national levels. Each of the forums might be invited to report on the outcome of their deliberations.

In line with the annex to General Assembly resolution 51/157, "Programme for the activities for the final term (1997-1999) of the United Nations Decade of International Law", rapporteurs of major international standing have been invited to study the relevant developments of the Hague themes, and to formulate views on their further developments in the next century and on the

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challenges for future generations. The studies are to be presented well before the fifty-third General Assembly in 1998.

According to the draft programme of action, non-governmental organizations will, as they did 100 years ago, actively seize the opportunity of the 1999 Peace Conference to express their commitment to the causes that will be addressed during the Centennial discussions.

It is planned to set up an internet web site for the exchange of views and documents on the 1999 celebrations. After the closure of the centennial events, the web site could be used as a source for the publication of the "1999 proceedings", which may serve as guidelines for further elaboration of the results of the 1999 events in the early years of the next millennium.

Principles for International Negotiations

Mongolia says in an explanatory memorandum accompanying its proposal on the Drafting of guiding principles for international negotiations (document A/52/141), that it is necessary and timely for the international community to identify and elaborate a set of principles to guide States in the conduct of such negotiations. Those principles could be embodied in an international document in the form of a code of conduct of States or guiding principles for the conduct of international negotiations, in full conformity with the principles and norms of contemporary international law. The memorandum adds that the adoption of such rules would also promote "justice and fairness in negotiations that at times fall victim to so-called realpolitik or power politics".

A draft resolution, "Guiding principles for international negotiations, annexed to the Mongolian proposal, calls for such principles to guide negotiations, including the right of States to initiate them, their duty to do so in good faith and to strive for a just, equitable and early conclusion of the negotiations. The principles would also include the sovereign equality of States, irrespective of their size, level of development, political or military power and their economic or political systems; and non-interference in the internal or external affairs of States.

According to the draft text, any negotiations conducted under the use or threat of use of force are neither just nor lawful and the results shall be considered null and void.

It states that the guiding principles would be declared interrelated, and in their interpretation and application each would be construed in the context of the others. Strict observance of the principles would be deemed of paramount importance in the conduct of genuine negotiations, and States would be requested to be guided by them.

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Statements on Charter Committee Report

KAK-SOO SHIN (Republic of Korea) said the Special Committee on the Charter should begin to address the problem of the impact of sanctions on third States by identifying and preparing an inventory of concrete areas to focus on. Special attention should be paid to the existing organizational framework within the United Nations system. The Committee should address the primary needs on that issue, including finding an effective and coherent arrangement for assessment of the impact of sanctions, ensuring appropriate access of third States to the entire process, exploring practical and innovative measures of assistance and enhancing coordination and cooperation among relevant institutions.

He said he supported the abolition of the Trusteeship Council which should be implemented within the overall framework of United Nations reform. The Council should also not be converted into a coordinator for the global commons or for the common heritage of mankind, because there were already relevant organs of the United Nations to address those matters.

PHAM TRUONG GIANG (Viet Nam) said compensation for third States affected by Security Council sanctions was compulsory. When the Security Council authorized sanctions, the decision should be accompanied with a financial arrangement for assisting third States that might be affected by the sanctions. The Special Committee on the Charter should continue its consideration of an appropriate organizational framework for addressing further the implementation of the provisions of the Charter.

On the work of the Special Committee, he said the body should play a more active role and make a greater contribution to the ongoing process of reform. The Chairman of the Special Committee should conduct close contact with the chairmen of other United Nations bodies dealing with reform to finalize possible contributions.

ROBERTO LAVALLE (Guatemala) said that the extension of the competency of the International Court of Justice to disputes between States and international organizations, which had been proposed and discussed in international law literature, would be a useful measure; the tasks were essentially different from those currently entrusted to the Court.

It would be appropriate for the Special Committee on the Charter to consider the possibility of carrying out proposals for reforming the Court. The aim should not be to amend its Statute but broadly to reform its functions. There was growing acceptance for a reform of the Court.

ZENON MUKONGO (Democratic Republic of the Congo) welcomed the Secretary- General's proposal to merge the publications Repertory of Practice of United

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Nations Organs and the Repertoire of the Practice of the Security Council. That would help simplify matters and avoid duplication and delays. Third States should be involved in discussions of the sanctions. Experts engaged to assess the impact should include some from the third States concerned.

CHAUDHRY ABDUL GHAFOOR (Pakistan) said sanctions imposed by the Security Council had unforeseen effects on many developing countries, including his country. Therefore, it was essential that there be a continuing review of the problems faced by third States as a result of sanctions. As many of those problems were financial in nature, a fund to compensate the affected States should be established. Third States had to be compensated for the losses they had suffered. If that was not done, those countries might find it difficult in the future to give full effect to the decisions of the Security Council.

The Special Committee on the Charter should not make the decision to abolish the Trusteeship Council too quickly, he said. Instead, the Committee should examine how the Trusteeship Council could be made useful by giving it a fresh mandate. The Trusteeship Council might still have a role to play in helping those peoples who were struggling for self-determination.

GHASSAN OBEID (Syria) said sanctions should be a method used after all political and diplomatic methods had been exhausted. The imposition of sanctions must take place according to clearly selected criteria and it should never be an over-reaction to a situation or a means of revenge against a State. Sanctions should also only be used in cases of threats to international peace and stability. Criteria should be established on when to lift the sanctions. Once the threat to international peace disappeared, the sanctions should be lifted.

He said there was no reason to rush to abolish the Trusteeship Council. It was not using any United Nations resources. The Council also had a role to play in world affairs because occupied areas existed, and some peoples were still fighting for their liberation. The Council should not be abolished.

FRANCESCO PAOLO FULCI (Italy) said, in regard to the proposal by Cuba on strengthening the role of the Organization, it entailed a kind of duplication of the work undertaken in other United Nations forums. Separating the legal aspects from the political issues in those highly sensitive areas considered by Cuba's working paper would be extremely difficult and would not be helpful for achieving solutions.

On the proposal by Mexico to initiate a review of practiced ways to strengthen the International Court of Justice, he said it would be useful to solicit comments from States and from the Court on the consequences that an increase in the volume of its cases would have on its operation. The intent of that exercise would be to identify mechanisms for streamlining the

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procedures of the Court and contribute to enhancing its effectiveness, without affecting its authority and independence. Those recommendations on the Court should have no implications for changes in the United Nations Charter or the Court's Statute.

Statements on Decade of International Law

BERNARDINO HUGO SAGUIER CABALLERO (Paraguay), speaking on behalf of the Rio Group (Argentina, Bolivia, Brazil, Colombia, Costa Rica, Chile, Ecuador, Mexico, Panama, Peru, Uruguay and Venezuela), said the Secretary-General should consider including in his future reports on the Decade some instruments which would allow the evaluation of the impact that the declaration on the Decade had had in strengthening international law. The group was confident that the forthcoming colloquium at Headquarters would contribute to further codification and progressive development of international law.

The Rio Group welcomed the creation of additional sites to the United Nations home page on the Internet and awaited with interest the updated version of the summary of the failures, the advisory opinions and the resolutions of the International Court of Justice (1992-1996) in all official languages of the Organization. They supported the conclusions of the Secretary-General in his note regarding the recovery of costs of including the collection of the Treaties of the United Nations and of the publication "Multilateral treaties deposited before the Secretary-General" on the Internet. However, they felt that access to those documents by States, United Nations organs and other international organizations should not be subject to any fees. The Secretariat should make every effort to translate in the near future the titles of the treaties to help facilitate communication. They also reiterated the importance of the titles appearing in all official languages of the Organization. They expressed concern about plans to reduce the budget for activities that fostered education, studying, promotion and greater understanding of international law, and also that mandated programmes should not be affected.

HARRY VERWEIJ (Netherlands), speaking for the European Union, said the Union took note of the Secretary-General's view that concrete steps should be taken before the end of the Decade towards the acceptance and early entry into force of the Convention on the Law of Treaties between States and International Organizations, or between International Organizations, which was signed by the Secretary-General on 12 February 1987. The sub-site that had been added to the Internet home page of the United Nations, to facilitate access to information concerning the Organization's activities, was a modern and indispensable element for the dissemination of international law. The European Union encouraged the Secretary-General to broaden and to continuously update that web site. It endorsed the Secretary-General's efforts to publish in the final year of the Decade a collection of some 30 essays by

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practitioners in the field of international law. It hoped the publication would further contribute to the aims of the Decade. The Court of Justice of the European Communities also continued to make a valuable contribution to the dissemination of international law by publishing systematically its case-law in the 11 official languages of the Communities.

The European Union expressed satisfaction with the Secretary-General's arrangements for the colloquium on the progressive development and codification of international law to be held at Headquarters on 28 and 29 October. It hoped the colloquium would result in a set of practical suggestions to increase the contribution of the International Law Commission and the Sixth Committee to the making of international law. The European Union supported the Secretary-General's efforts to enhance the dissemination of the United Nations Treaty Collection by modern, easily accessible means and encouraged the Secretary-General on that path. It suggested further study -- with Fifth Committee involvement -- of the question of charging a user fee for Internet access to the United Nations Treaty Collection. It also called for further exploration of the question of the list of titles of treaties appearing in the publication Multilateral Treaties deposited with the Secretary-General.

The European Union urged a spirit of cooperation in the work of the Preparatory Committee on the Establishment of an International Criminal Court to finalize and adopt its statute for the Rome Diplomatic Conference next year. Turning to the Mongolia proposal for the adoption of guiding principles for international negotiations, the European Union said it warranted more study. The Union said it had taken note of the contents of the programme of action dedicated to the centennial of the first International Peace Conference, and it was noteworthy, it added, that the events planned at The Hague and St. Petersburg entailed no costs to the United Nations.

QIN HUASUN (China) said the main objectives of the United Nations Decade of International Law were highly necessary to his country because the legal framework in China was being gradually completed, and rule of law over all respects of social life was rapidly gaining weight. The Programmes of Action dedicated to the Decade were highly necessary for peace and development at the international level and their positive significance was also self-evident at the national level.

On the efforts of China to help disseminate and expand appreciation of international law, he said his delegation would make a detailed presentation in mid-November under item 145, United National Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. In related efforts, Chinese President Jiang Zemin attended a special lecture on international law last year. Following that lecture, President Zemin made an important statement calling on government leaders at all levels to study

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international law. His statements provided considerable impetus to leaders and the general public to study and appreciate international law.

DRAHOSLAV STEFANEK (Slovakia) said the process of significant political changes in his country began around the same time that the General Assembly declared 1990-1999 the United Nations Decade of International Law. Because of this, Slovakia has taken an active part in the implementation of the Decade Programme since its very beginning and the Decade Programme had special significance for his country.

In respect to the promotion of the acceptance of and respect for the principles of international law, he said his country had signed, ratified or acceded to a number of international conventions. Slovakia had also submitted to the International Court of Justice on a dispute with Hungary concerning a joint venture based on the 1977 Treaty between Hungary and former Czechoslovakia. Both countries paid full respect to the jurisprudence of the Court and this was the first time two Eastern European countries had jointly submitted a case to the Court. The Court judgment was rendered on 25 September and negotiations would begin in a couple days on implementing the judgment.

HUBERT LEGAL (France) said the Sixth Committee was not the appropriate body to discuss a recommendation contained in a note of the Secretary-General, that a user fee should be charged for Internet access to the United Nations Treaty Collection. The forum for that was the Fifth Committee. France agreed with the various commemorative activities for the centennial of the first International Peace Conference and noted that the objective was not to draft new international legal instruments but rather to take stock of the existing ones. France supported the initiative of the Netherlands and the Russian Federation in connection with the observance of the centennial.

Draft on International Negotiations

JARGALSAIKHANY ENKHSAIKHAN (Mongolia), introducing his country's proposal entitled "Draft guiding principles for international negotiations", said it was necessary and timely for the international community to identify and elaborate those principles. The principles could be embodied in an international document, in the form of a code of conduct of States or guiding principles containing a set of generally accepted rules for the conduct of international negotiations in full conformity with the principles and norms of contemporary international law.

The adoption of the rules would also promote justice and fairness in negotiations that at times fell victim to the so-called realpolitik or power politics, he said. Mongolia believed that the existence of such generally accepted principles would perform a dual purpose of serving as guidelines for

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conducting effective negotiations and as a general criteria against which the conduct of States at negotiations could be assessed. The principles could contribute to enhancing the effectiveness of international negotiations.

He said adopting the principles at the turn of the century could be an important contribution of the Sixth Committee to the objectives of the Decade and a fitting way to mark its end. He said the appropriate forum for the elaboration of the guiding principles was the General Assembly, which was encouraged by the Charter to initiate studies and make recommendations for the purpose of promoting international cooperation in the political field and in the progressive development of international law and its codification.

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