LEGAL COMMITTEE URGES ATTENTION TO PLIGHT OF THIRD STATES AFFECTED BY SECURITY COUNCIL SANCTIONS

Press Release
GA/L/3133

LEGAL COMMITTEE URGES ATTENTION TO PLIGHT OF THIRD STATES AFFECTED BY SECURITY COUNCIL SANCTIONS

The General Assembly would ask the Secretary-General to continue work on ways to help third States affected by Security Council sanctions, by a draft resolution approved by the Sixth Committee (Legal) this morning.

By the text, introduced by the representative of Ghana, the Security Council would be asked to look at ways to make itself more accessible to consultation by third States experiencing economic problems due to sanctions imposed on their neighbours or fading partners. The Secretary-General would be asked to ensure that the Secretariat was able to collect information about international assistance available to those States, and to continue developing a methodology for assessing the adverse consequences they incur.

Also this morning, the Committee discussed the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, with a number of speakers calling for increased support for the Programme. The representative of the Solomon Islands said the focus of such educational activities should be on ensuring a wider appreciation of international law among ordinary people, not legal scholars. The print and electronic media should be engaged in that effort.

The representative of Malaysia (on behalf of Association of South- East Asian Nations (ASEAN) expressed concern over United Nations- supported fellowship programmes. Where the selected candidates were unable to participate, he said, the organizers should immediately select others to replace them. He also urged increasing the endowment of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, so that more of the highly qualified candidates could benefit.

Also speaking in the debate were representatives of Ghana, Finland (on behalf of the European Union), Republic of Korea, Singapore, Niger and Cyprus. The representative of the Russian Federation made a statement upon the adoption of the text on assistance to third States.

In other activity, the Committee heard the introduction of a report by the Chairman of its working group on outstanding issues in

Sixth Committee - 1a - Press Release GA/L/3133 30th Meeting (AM) 12 November 1999

the draft convention on jurisdictional immunities of States and their property. Noting that some delegations favoured the elaboration of a convention, while others preferred a model law, he said the Commission's work on the instrument was done. It was up to the Assembly to finalize it.

The Sixth Committee will meet again at 3 p.m. today to begin debate on measures to eliminate international terrorism.

Committee Work Programme

The Sixth Committee met this morning to begin consideration of the Secretary- General‘s report on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (document A/54/515).

The report on the Programme of Assistance covers activities undertaken and supported by the Programme to encourage the teaching, study and dissemination of international law, which, as the report notes, was one of the main purposes of the Decade of International Law. Activities undertaken under its aegis include: law seminars, fellowship programmes at universities, internships in the United Nations Office of Legal Affairs, technical assistance in international trade law to developing countries, legal publications, and provision of such publications to institutions in developing countries.

While recommending continuation of Programme activities during the 2000-2001 biennium, the report notes that the recommendations have been formulated on the understanding that no new budgetary resources will be provided. The report basically recommends that the United Nations and other agencies develop or expand their current activities, or undertake new ones, only if new funds became available through voluntary contributions.

The report notes that the Programme’s Advisory Committee expressed concern that insufficient resources prevented the full implementation of all the envisaged components of the Programme. The Advisory Committee urged Governments to make voluntary contributions so that the Programme could expand to its full potential.

The Committee also has before it a report on the draft convention on jurisdictional immunities of States and their property (document A/54/266), which contains comments from Lebanon and Qatar on specific passages in that text. Last year, the Assembly decided to have an open-ended working group of the Sixth Committee consider at this session the outstanding substantive issues relating to draft articles on jurisdictional immunities that were approved by the International Law Commission in 1991. The working group is expected to take account of recent developments in State practice and legislation as well as the comments of States, such as those contained in the report now circulating.

The objective of the convention is to codify an international legal regime on jurisdictional immunity of States and their property. Among the questions underlying the debate are differing theories of what should be the extent of State immunity and, given the growth of participation in international trade by States and State commercial enterprises, to what extent such commercial activities should be covered by a blanket of State immunity.

The Committee is also expected to take action on a draft resolution on implementation of Charter provisions related to assistance to third States affected by sanctions (document A/C.6/54/L.3/Rev.1). By that draft, the Assembly would express concern about the special economic problems confronting certain States due to the Security Council's imposition [under Chapter VII of the Charter] of sanctions against a neighbour or trading partner of those States. Recalling the right of third States to consult the Council about those problems, the Assembly would renew its invitation to the Council to consider further mechanisms or procedures for such consultations, and to consider how to improve its current modes of dealing with the affected States' requests for assistance. The Assembly would again welcome steps taken by the Council to increase the effectiveness and transparency of its sanctions committees.

The Assembly would ask the Secretary-General to ensure that the Secretariat is able regularly to collect and analyze information on international assistance available to third States, to continue working on a methodology for assessing the adverse consequences they incur, and to explore innovative and practical ways of assisting them.

The draft is sponsored by Bulgaria, Russian Federation and Ukraine.

Statements Made

HENRY HANSON-HALL (Ghana) said the Programme of Assistance was an ongoing programme which had seen the undertaking of a wide range of activities. He said 443 individuals had been awarded fellowships for the Geneva International Law Seminar programme since its inception in 1965. Many applications could not be considered due to lack of funds. More funds would be required to sustain the Programme.

He commended those States and institutions that had contributed in diverse ways to sustaining the Programme. He commended the Office of Legal Affairs on its activities, including dissemination of information on the work of the United Nations in placing information about the codification and development of international law on the Internet.

Many delegations had noted, the Programme of Assistance was an important part of the Decade of International Law, he said. It would continue beyond the end of the decade.

KARI HAKAPÄÄ (Finland), speaking on behalf of the European Union, said member States of his region actively contributed towards fellowship programmes that enabled students and young professionals without adequate resources of their own to participate in seminars and courses in foreign locations. He drew attention to the Hamilton Shirley Amersinghe Memorial Fellowship, aimed at providing fellows with a better understanding of the Law of the Sea. Other annual United Nations fellowships had been awarded at the national levels; Germany and the United Kingdom were major contributors.

He said Union members also supported other international law programmes and institutions citing Austria’s financing of scholarships at the International Law Development Institute, for students from eastern and south-eastern Europe for studies in the rule of law and international trade and commercial law. The Union had created a European-wide network of university cooperation in this area.

He said it should also be noted that, through their assessed contributions to the Permanent Court of Arbitration, parties to the Hague Conventions supported the Court’s functions. That too could be seen to meet the objective of assisting international organizations to contribute effectively to the development of international law. He applauded also the contribution made by the United Nations publications projects and Web site. It was essential that the Assistance Programme be given adequate support to enable it to meet its wider goals.

KIM DOO-YOUNG (Republic of Korea) said the high quality of programmes offered by the Programme of Assistance had led to a substantial increase in the demand for its services. The Committee should thus continue to explore avenues to enable a wider spectrum of the international community, especially developing countries, to benefit from it. The use of information technology was a promising way of expanding access and merited serious consideration.

He reviewed some of the activities related to international law underway in his country. Eighty universities were now offering lectures on international law as part of undergraduate and graduate coursework. Four major academic societies likewise promoted international law.

International law should be better placed in international relations as the web of interdependence among States drew even tighter, he said. The Programme of Assistance should be maintained and reinforced.

MOHAMMAD KAMAL YAN YAHAYA (Malaysia), speaking on behalf of the Association of Southeast Asian Nations (ASEAN), said that the Programme of Assistance had played a significant role in promoting the rule of international law. The Programme, originally designed for assisting developing countries, now drew demands for participation from the developed countries. The ASEAN hoped that the countries that had made voluntary contributions to the activities of the Programme would not only continue but increase their contributions, thereby ensuring balanced representation of participants from developing countries.

He said that ASEAN noted with concern the problems arising in the organization of certain fellowship programmes. In cases where selected candidates were unable to attend a fellowship programme, the organizer should immediately select others to replace them. It was unfair, he said, to limit the annual award of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, as all candidates were highly qualified. The possibility of increasing the endowment of that programme should be explored.

The activities of the United Nations in this area should be enhanced, he said. They were of utmost concern to developing countries. The United Nations should encourage the use of Internet data transmission technology as a means of disseminating information and documents, especially to developing nations.

LYNETTE LONG (Singapore) was pleased that teaching, study, dissemination and wider appreciation of international law had been one of the main aims of the United Nations Decade of International Law, and said that activities associated with the Decade should continue beyond the end of the Decade.

Globalization had revealed the close nexus between a country's economic growth and its legal system, she said. A sound legal system was important for a country's economic development. In an increasingly globalized world, there was need for all countries to develop their legal environments in line with international standards, so as not to cause dislocation between national legal infrastructures and the rest of the world.

She said that more networking, mutual understanding and knowledge-pooling among legal institutions and people were necessary because of the diversity of prevailing legal systems around the world. It was necessary to encourage interaction and promote the knowledge and study of international law, particularly in developing countries. Only then could there be meaningful progress in achieving the other aims of the Decade.

BOUBACAR TANKOANO (Niger) said the Programme of Assistance allowed many candidates from developing countries to benefit from study grants and bursaries, and also entitled those countries to participate in seminars and international conferences that drew up conventions and international treaties. That practice should continue.

He said during the last two years, Niger had adopted a number of important measures to complement United Nations activities in international law education. However, his country had financial constraints that were limiting its application of various policies. A United Nations fund should be created to help publish information on international law. He also hoped the Secretary-General would adopt the necessary measures to update the juridical reviews in the library in the Secretariat. Such reviews were vital to the legal advisors of permanent missions and could help them to better inform their respective Governments.

JAMES C. DROUSHIOTIS (Cyprus) said his country, as a country associated with the European Union, shared the views expressed by the representative of Finland this morning. Since its establishment, the Programme of Assistance had provided assistance to countries of various regions of the world in fostering a deeper knowledge of international law and a wider appreciation of its rules.

He said that with the closure of the Decade of International law, the Programme would continue and should be strengthened and expanded. He urged States to make voluntary financial contributions to it. He also underlined the importance of international law for small and vulnerable States whose only recourse in remedying problems was often through invoking the application of its rules.

HAROLD FRUCHTBAUM (Solomon Islands) said efforts at teaching and disseminating information about international law should be directed at the general public, including young people and children, not at legal scholars. Journalists of the print and electronic media should also be involved. He commended the work being done by the Office of Legal Affairs through the Internet, but said that Web sites were not available to the wider public, which had little understanding of international law.

He commended the representative of Niger for what his country was doing in the teaching of international law. He said a unique opportunity had been lost during the Decade on International Law by not making the appreciation of international law accessible to the wider public. He hoped the emphasis would be placed there in the future, and that more funding would be made available for that purpose.

Report on Convention on jurisdictional immunities

GERHARD HAFNER (Austria), Chairman of the working group that considered the draft articles on jurisdictional immunities, introduced his report on the group’s meetings (circulated in draft form, but not available as an official document). He stressed at the outset that the report was his own and that he took responsibility for it.

He said discussions of the working group revolved around the following points: the possible form of the outcome of the International Law Commission’s work; on the topic; and the five outstanding issues identified in the report of the Commission's working group of the International Law Commission. Those issues were: defining the concept of a "State" for purposes of immunity; criteria for determining the commercial character of a contract or transaction; the concept of a State enterprise or other State entity in relation to commercial transactions; issues relating to contracts of employment entered into by States; and application of measures of constraint against State property. Also discussed, and covered in an appendix to the report, was whether there could be immunity for the violation by a State of jus cogens norms.

He said a number of members favoured a convention as the final outcome of work on the topic, while others felt it would be more realistic to aim for a model law, as a compromise. Furthermore, a model law presented certain advantages as a flexible instrument that could provide guidance for national legislation.

He said it was generally agreed that the International Law Commission had amply fulfilled its mandate by preparing the draft articles and issuing the report of its working group. It was now up to the General Assembly to bring the Commission’s work to fruition.

It was therefore generally felt, he said, that there was no need for the topic to be referred back to the Commission unless a very specific mandate or concrete questions were elaborated. Further work on the topic should continue in the Sixth Committee working group. Those efforts should aim at resolving the outstanding substantive issues. Discussions in the working group had revealed that progress was possible towards finalizing an instrument on the topic.

Draft on assistance to third States

HENRY HANSON-HALL (Ghana) introduced the draft resolution assistance to third States affected by sanctions and urged its approval without a vote.

The Committee adopted it without a vote.

Explanation after adoption of text

IGOR PANEVKIN (Russian Federation) said the Sixth Committee needed to consider very seriously setting up a working group on sanctions at its next session, because it was necessary for the problems of third States to be resolved as soon as possible.

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