REVIEW OF CHARTER PROVISIONS CONCERNING THIRD STATES AFFECTED BY SANCTIONS REQUESTED IN DRAFT RESOLUTION APPROVED BY LEGAL COMMITTEE

17 November 1998

Press Release
GA/L/3100

REVIEW OF CHARTER PROVISIONS CONCERNING THIRD STATES AFFECTED BY SANCTIONS REQUESTED IN DRAFT RESOLUTION APPROVED BY LEGAL COMMITTEE

19981117 Committee Also Approves Draft Text On United Nations Decade of International Law

The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization would be asked by the General Assembly to consider on a priority basis United Nations Charter provisions on assistance to third countries affected by the application of Chapter VII sanctions, under the terms of a draft resolution approved by the Sixth Committee (Legal) this morning.

By the text, one of two approved by the Committee, the Assembly would direct that the Special Committee hold its next session from 12 to 23 April 1999. Also, the Special Committee would be asked to continue its work on the peaceful settlement of disputes between States, including a proposal for the establishment of a dispute-settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice.

By the terms of the other draft resolution, on the United Nations Decade of International Law, the General Assembly would invite all States and international bodies named in the programme of action on the closing of the Decade to provide to the Secretary-General an update or supplementary information on activities they had undertaken. The Assembly would also appeal for financial or other contributions to facilitate the implementation of the programme of activities of the Decade.

Also this morning, the Committee concluded its consideration of the United Nations Decade of International Law and the related matter of activities planned for next year's centennial of the first International Peace Conference and the closing of the Decade. Speaking were the representatives of Libya, Myanmar, Australia, Mozambique, Ukraine, New Zealand, Republic of Korea and the Solomon Islands. A representative of the International Committee of the Red Cross (ICRC) also made a statement.

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Further, the representative of Mexico introduced a draft resolution on draft principles and guidelines for international negotiations. By its terms, the General Assembly would have States reaffirm a number of principles, including the sovereign equality of all States and non-intervention in matters within the domestic jurisdiction of any State. States would also refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State.

A draft resolution on the work of the International Law Commission on the work of its fiftieth session was introduced by the representative of Lesotho. By the text, the General Assembly would stress the desirability of the enhancement of dialogue between the Commission and the Sixth Committee.

The Committee will meet again today at 3 p.m. to begin consideration of the report of the Committee on Relations with the Host Country and to take action on several draft resolutions.

Committee Work Programme

The Sixth Committee (Legal) met this morning to continue consideration of the United Nations Decade of International Law and the related matter of activities planned for next year's centennial of the first International Peace Conference. (For background information see Press Release GA/L/3099 of 16 November 1998.)

Also this morning, the Committee is scheduled to take action on draft resolutions concerning the report of the Special Committee on the Charter, the United Nations Decade for International Law, the centennial of the first International Peace Conference, and draft principles for international negotiations.

By draft resolution on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/53/L.6/Rev.1), sponsored by Egypt, the General Assembly would direct the Special Committee to hold its next session in 1999 (at a date and for a length of time not yet identified).

The Assembly would ask the Special Committee, during that session, to continue to consider all proposals concerning the question of the maintenance of international peace and security in all its aspects and to strengthen the role of the United Nations. The Special Committee would also be asked to consider the revised working paper entitled "Basic conditions and criteria for the introduction of sanctions and other coercive measures and their implementation", and another working paper on the draft declaration on the basic principles and criteria for the work of the United Nations peacekeeping missions and mechanisms for the prevention and settlement of crises and conflicts.

The Special Committee would be asked to continue to consider, on a priority basis, the implementation of Charter provisions on assistance to third States affected by the application of Chapter VII sanctions. It would also be asked to continue its work on the peaceful settlement of disputes between States, including a proposal for the establishment of a dispute- settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice. It would further be asked to again examine practical ways and means to strengthen the Court.

By the draft text, the Special Committee would be requested to continue its consideration of proposals concerning the Trusteeship Council.

Also, the Secretary-General would be asked to continue his efforts in identifying resources for the completion of the two remaining volumes of Supplement No. 5 to the Repertory of Practice of United Nations Organs and to submit a progress report on the matter to the General Assembly at its fifty- fourth session.

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The Assembly would invite the Special Committee, at its 1999 session, to continue to identify subjects for its future consideration, as a contribution to the Organization's revitalization, and to discuss improvements in coordination with other working groups also involved with reform.

By a draft resolution on the United Nations Decade of International Law (document A/C.6/53/L.8/Rev.1) the General Assembly would invite all States and international bodies named in the programme of action on the closing of the Decade to provide to the Secretary-General an update or supplementary information on activities they had undertaken. The draft was proposed by the Chairman of the working group on the Decade.

The Assembly would appeal to States, international organizations and non-governmental organizations working in the field of international law and to the private sector to make financial or other contributions to facilitate the implementation of the programme of activities of the Decade.

The Secretary-General would be authorized to deposit, on behalf of the United Nations, an act of formal confirmation of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. States would be encouraged to consider ratifying or acceding to the Convention.

By the draft, the Secretary-General would be asked to provide all necessary assistance for the elimination of the historic backlog in the publication of the United Nations Treaty Series within the next biennium. He was also to ensure that hard copies of the Treaty Series and Multilateral Treaties Deposited with the Secretary-General are distributed to permanent missions free of charge.

Also, the Assembly would note with appreciation the activities undertaken by the International Committee of the Red Cross in the field of humanitarian law, including protection of the environment in times of armed conflict.

A draft text on 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 (document A/C.6/53/L.12), sponsored by the Netherlands and the Russian Federation, would have the General Assembly welcome the progress made in realization of the programme of action dedicated to the centennial, presented by the Governments of the Netherlands and the Russian Federation, which aims at contributing to the further development of the themes of the first and second International Peace Conference (held in 1899 and 1907, respectively) and could be regarded as a third international peace conference.

The draft would encourage the two Governments to continue with implementation of the programme of action and encourage other States to

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participate in the activities. Also, it would encourage United Nations bodies and non-governmental organizations, groups and individuals to contribute to the discussion on the themes of the commemoration of the first International Peace Conference on the basis of the preliminary report and to consider participation in the activities.

It would request that the two Governments prepare reports on the conclusion of the centennial celebrations at The Hague and St. Petersburg for submission to the General Assembly at its fifty-fourth session. The Assembly would also request the Secretary-General to consider activities to promote the outcome of the United Nations Decade of International Law, including the possibility of releasing by the United Nations a set of jubilee postage stamps and postcards in commemoration of the centennial of the first International Peace Conference.

By the draft text on draft principles and guidelines for international negotiations (document A/C.6/53/L.14), the General Assembly would reaffirm a number of principles relevant to international negotiations, including: sovereign equality of all States; duty of States not to intervene in matters within the domestic jurisdiction of others; and settlement of international disputes by peaceful means.

By other terms of the draft text, the General Assembly would affirm the importance of the conduct of negotiations in accordance with international law and in line with the guidelines in international negotiations, including: that negotiations be conducted in good faith; that the purpose and object of all negotiations be fully compatible with the principles and norms of international law, including United Nations Charter provisions; and that parties to negotiations adhere to a mutually agreed framework for conducting negotiations. The draft was proposed by the chairperson of the working group on the United Nations Decade of International law.

Statements

MABROUKA SOHAIB (Libya) commended the completion of work on the website on United Nations activities in the field of international law and hoped the texts would be in all the official languages of the Organization. Developing countries and the least developed among them should be helped in gaining access to the Internet. She commended the role of the International Court of Justice, saying her country had always made recourse to it and had also implemented the Court's rulings.

She welcomed the programme of action on the centennial of the first International Peace Conference introduced by the Netherlands and the Russian Federation. She also supported the draft principles and guidelines for international negotiations, such as non-intervention in the internal affairs of negotiating States.

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KYAW WIN (Myanmar) supported the draft guiding principles for international negotiations. His country strongly believed in and had firmly adhered to the principles of peaceful coexistence with all countries of the world. At the current time, when the world was certainly not lacking in complex issues, rules and guiding principles would provide a level playing field, on which vital negotiations could be conducted. The advent of the guiding principles should go a long way towards reducing tension between States and also reduce the burden the United Nations had to bear, in having to intervene in potential flash points. Once a proper climate for any negotiation was created, no country, however small or powerless, would need to negotiate in fear and no country of the world would fear to negotiate.

He strongly supported the efforts of the United Nations in encouraging the teaching, study, dissemination and wider appreciation of international law. He welcomed the programme of action to contribute to the further development of the themes of the first and second International Peace Conference.

SRIDHAR AYYALARAJU (Australia) said that with regard to the progressive development and codification of international law, the Decade would be remembered for the conclusion of a number of significant multilateral treaties, including the Convention on the Safety of United Nations Personnel, the Mercenaries Convention and the Terrorist Bombing Convention. He also hoped to see adoption of a convention on nuclear terrorism. Also of major significance was the establishment of the International Criminal Court. Those positive developments in the international legal framework would benefit future generations.

In Australia, and indeed the world over, there was now a more sophisticated understanding of the role played by international law in the regulation of the international system, he continued. That was partly because, in an era of globalization, people from all walks of life had come into contact, through necessity, with international instruments and the international system. However, he believed that it was also, in part, because of the activities undertaken by the United Nations and Member States in the context of the Decade.

He considered the publications released by the United Nations as important contributions to the Decade, he said. Furthermore, the web sites were important repositories of reference material and were utilized extensively in Australia. He congratulated the Secretariat on the successful completion of the electronic database of the United Nations treaties collection. Promoting access to international legal documents, and awareness within the community of international law, was a matter in which Australia had taken a keen interest. Ideally, there should be a system whereby Member States, United Nations organizations, other international organizations and other non-commercial users obtained free Internet access to the treaty series and the multilateral treaties deposited with the Secretary-General. While he

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was aware of budgetary constraints, he regarded granting the widest possible access as a paramount consideration.

Concerning centennial celebrations of the first International Peace Conference, he said the programme of action should include the conduct of activities at the regional level, as well as the global level. Turning to the draft guiding principles on international negotiations, he said that, while the current draft represented major progress on the issue, there had not been sufficient time for proper consideration of the draft and its implications. Australia, therefore, preferred deferring adoption.

CARLOS DOS SANTOS (Mozambique) said the implementation of the purposes and activities of the Decade required a strong commitment from the United Nations, Member States and other international organizations and institutions. He welcomed the fact that an increasing number of African and Asian countries resorted to the International Court of Justice for the settlement of disputes among them. He also noted the remarkable advances made during the Decade in the progressive development and codification of international law. Further, he commended the developments in the Convention on the Law of the Sea, in particular the first judgement passed by the International Tribunal for the Law of the Sea, which opened up another channel for the settlement of disputes.

He said the Office of Legal Affairs of the Secretariat had also continued to play an important role in the implementation of the programme of activities connected with the Decade, including the dissemination of information on the Organization's activities in the field of international law. He expressed appreciation for the establishment of a new electronic database for the United Nations treaty collection. The Mongolian proposal on the draft principles and guidelines for international negotiations was in line with the objectives of the Decade and constituted an important contribution for the attainment of the purposes of the United Nations Charter, he said.

Aware of the need to involve all actors in the implementation of the purposes of the Decade, he said the Legal Department of his country's Ministry of Foreign Affairs and Cooperation organized a workshop last September on international law. Plans were announced during the workshop for the expansion of the curriculum of the faculty of law of the State University to include recent developments in international law.

VIKTOR KACHURENKO (Ukraine), concerning special events to mark the closing of the Decade and the centennial of the first International Peace Conference, said there was a general understanding that to ensure a real "product", future events should go beyond the ordinary commemorative format and be devoted to the elaboration of ways and means that would promote the objectives of the Decade. The Secretary-General's report on the closing of the Decade should present the accomplishments of the Decade as a whole and

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provide well thought out recommendations on the further development of international law.

His country believed that some areas of relations between States lacked an appropriate legal regime, such as: legally binding international security guarantees for States that had abandoned nuclear weapons; economic security from the use or threat of use of unilateral economic measures; and compensation guarantees for third States affected by sanctions. As for the draft guiding principles for international negotiations, he said that the lack of clarity in rules in that area did not mean that principles could not be clearly formed into an instrument. As diplomatic principles often found themselves scattered in a number of treaties, a guide, having no binding force, might facilitate the implementation of the due diligent behaviour of States.

VICTORIA HALLUM (New Zealand) congratulated the Secretariat on the successful completion of the new database of the United Nations treaties collection, which had the potential to play a vital role in the dissemination of international law. Her delegation supported free access to the database, adding that it was consistent with the guiding principles and rationale for maintaining a central repository of such information in the United Nations and with the principles behind the Decade itself.

The Decade had witnessed the creation of a number of dispute settlement systems, most notably the new processes set up under the United Nations Convention on the Law of the Sea and the World Trade Organization, she said. New Zealand had demonstrated its concern for the peaceful settlement of disputes by participating in United Nations peacekeeping operations, most recently in Sierra Leone.

During the last term of the Decade, she said New Zealand had published in two volumes a consolidated list of all treaties to which it was a party. A New Zealand branch of the International Law Association had been opened in Wellington. The Ministry of Foreign Affairs had also organized a number of activities to disseminate information on current international legal issues of significance, she said.

BAHK SAHNG-HOON (Republic of Korea) said his delegation was pleased with the publications issued this year, including Summaries of Judgements, Advisory Opinions and Orders of the International Court of Justice 1992-1996, Making Better International Law: International Law Commission at 50 and The Analytical Guide to the Work of the ILC 1949-1997. He said the publications would contribute to the progressive development of international law and its codification, as well as enhance understanding of international law.

He also welcomed the completion last August of the project on the new electronic database for the United Nations treaty collection. The database would improve dissemination of information on United Nations activities in the

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field of international law. His delegation also welcomed the progress made so far in the realization of the programme of action and preliminary reports on the centennial themes of disarmament questions, international humanitarian law and the peaceful settlement of disputes.

JEREMIAH MANELE (Solomon Islands) said he thoroughly supported the draft on the centennial celebrations of the first International Peace Conference and the closing of the Decade. However, he did wish to point out that the themes of international law might have been presented to a broader audience and not just scholars. International law could only take root and have influence if the people themselves come to understand and appreciate the concepts and principles of international law. He referred to a recent editorial that denounced the Rome Conference and the establishment of the International Criminal Court on the grounds that there was no such thing as "international law". It was very disturbing to read such an editorial in a widely read newspaper, he said.

He recommended that the Sixth Committee examine the possibility of devising larger outreach programmes, perhaps in association with the Department of Public Information (DPI) and various non-governmental organizations, to bring international law to as wide a public as possible. That effort could find expression through magazine articles, children's books, films, and so forth. In response to the potential argument that international law was too complicated a subject for the general public, he said that a similar argument had once been made about the sciences. Yet, now that subject had been popularized and presented in ways that made it accessible to the public.

STEPHANE JEANNET, of the International Committee of the Red Cross (ICRC), described the ICRC as a guardian and promoter of international humanitarian law and said the events commemorating the centennial of the first International Peace Conference, to be held in The Hague and St. Petersburg, would represent a unique opportunity to take stock of a century of international law.

He said the ICRC had studied with great interest the reports to be discussed there, in particular one on humanitarian law, which thoroughly and objectively analysed the developments relating to the different facets of that body of law. The report's conclusion that effective implementation of existing law was the most pressing matter, rather than development of new rules, countered suggestions that existing humanitarian law was inadequate. The ICRC was absolutely convinced that humanitarian law remained fully relevant.

Furthermore, the recently observed dynamic development of new norms reflected the willingness of the community of States to constantly improve protection for the victims, for instance by banning on humanitarian grounds such weapons as anti-personnel mines and blinding lasers, as well as by

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creating an International Criminal Court, he continued. To mark the occasion of the fiftieth anniversary of the 1949 Geneva Conventions relating to the Protection of Civilian Persons in Time of War, the ICRC was launching a worldwide survey, the first of its kind, among populations and persons affected by war. Its aim was to make people's voices heard, by asking them to describe their personal experiences and express their opinions on the principles limiting the use of force. The ICRC hoped that the survey would spark a wide-ranging debate.

Action on Drafts

The representative of Egypt proposed oral amendments to draft resolution on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/53/L.6/Rev.1). Operative paragraph 3, concerning the holding of the Special Committee's next session, should read, "will hold its next session from 12 to 23 April 1999", with the words "(two weeks)" being deleted.

The Committee Secretary said that, should the General Assembly adopt the draft resolution, there would be no financial implications on the programme budget for the biennium 1998-1999 in connection with the preparation of the remaining volumes of Supplement No. 5 to the Repertory of Practice of United Nations Organs.

He said the adoption of the draft would, however, give rise to the need for inclusion of an appropriate provision, pending the determination of the levels of staff resources required, in the programme budget for the biennium 2000-2001 under the relevant departments and offices responsible for preparing the Repertory and Repertoire of Practice of the Security Council. It was assumed, at present, that Volumes I to V of Supplement No. 6 to the Repertory, covering the period 1979 to 1984, would be the priority volumes which would be prepared during the 2000-2001 biennium. Appropriate provisions would be reflected in the proposed programme budget for 2000-2001, should the General Assembly adopt the draft resolution, he said.

The Committee then approved the draft resolution, as orally amended, without a vote.

The representative of Mexico introduced the draft resolutions on the United Nations Decade of International Law (document A/C.6/53/L.8/Rev.1) and the draft principles and guidelines for international negotiations (document A/C.6/53/L.14), as orally amended.

In the oral amendments to the draft on the draft principles (document A/C.6/53/L.14), he said the word "non-exhaustive" should be inserted between "general" and "frame of reference" in the ninth preambular paragraph. In operative paragraph 1 (d), the phrase "in their international relations" would

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be added after the word "refrain". In operative paragraph 2, the phrase "in international negotiations" should be deleted.

The Committee then approved the draft resolution on the United Nations Decade of International Law (document A/C.6/53/L.8/Rev.1) without a vote, as orally amended.

The Committee then deferred action on the draft on principles and guidelines for international negotiations (document A/C.6/53/L.14) and the 1999 Centennial (document A/C.6/53/L.12).

Introduction of Draft

PHAKISO MOCHOCHOKO (Lesotho) introduced a draft resolution on the Report of the International Law Commission on the work of its fiftieth session (document A/C.6/53/L.16). The draft would have the General Assembly recommend that the Commission continue its work on the topics in its current programme. The Commission would also be asked to continue to indicate in its annual report topics on which it would welcome the views of governments, either in the Sixth Committee or in written form.

The Assembly would stress the desirability of the enhancement of dialogue between the Commission and the Sixth Committee and would ask the Commission to submit recommendations to that effect.

By other terms of the draft, the Assembly would welcome the valuable work done by the Commission on the topic of, "International liability for injurious consequences arising out of acts not prohibited by international law". It would ask the Commission, while continuing its work on prevention of such acts, to examine other issues arising out of the topic and to submit recommendations on its future work on the subject.

The Assembly would also reaffirm its previous decisions concerning the role of the Codification Division of the Office of Legal Affairs of the Secretariat and those concerning the summary records and other documentation of the Commission. Further, the Assembly would once again express the wish that seminars would continue to be held in conjunction with the sessions of the Commission and that an increasing number of participants from developing countries would be given the opportunity to attend. The Assembly would appeal to States to make voluntary contributions urgently needed for the holding of those seminars.

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