Fifty-eighth General Assembly

Sixth Committee

21^st Meeting (AM)

NECESSARY MEASURES TO PROTECT UNITED NATIONS AND HUMANITARIAN

WORKERS ARE URGED BY GENERAL ASSEMBLY’S LEGAL COMMITTEE

Text Is among Four Approved from Law Commission Report; Others Address

Teaching of International Law, Jurisdictional Immunities, Global Economic Order

The General Assembly would urge States to take all necessary measures to prevent crimes against United Nations and humanitarian personnel and to ensure that perpetrators were brought to justice by the terms of one of three draft resolutions and a draft decision approved by the Sixth Committee (Legal) this morning.

The draft on the scope of legal protection under the 1994 Convention on the Safety of United Nations and Associated Personnel would have the Assembly also urge the Secretary-General and other bodies to take practical measures to strengthen protection for those personnel, including those locally recruited who were most vulnerable.

(A report by the Secretary-General before the Sixth Committee said 198 civilian personnel lost their lives as a result of “malicious acts while performing services” for the United Nations since 1 January 1992.  The report was issued before the 19 August attack on the United Nations Baghdad headquarters, in which 22 staff members lost their lives.)

Further, by the draft, the Assembly would recommend that the Secretary-General continue to seek to include key provisions of the Convention into status-of-forces, status-of-mission and host country agreements.

By another draft approved this morning, the Assembly would decide that the ad hoc committee on the Convention on jurisdictional immunities of States and their Properties would reconvene from 1 to 5 March 2004 to complete work on a convention on the subject with the formulation of a preamble and final clauses.  (The ad hoc committee had adopted the text of the draft articles on jurisdictional immunities at its February 2003 session.)

The Sixth Committee approved a third draft resolution covering the United Nations Programme of Assistance in the Teaching, Study, dissemination and Wider Appreciation of International Law.  The text would have the Assembly approve guidelines and recommendations covering activities such as seminars, training and assistance in international trade law and legal publications.

The representative of Ghana, Chairman of the Advisory Committee on the Programme, introduced the report on the programme and a related draft resolution.

Statements were made by the representatives of Bahrain, Thailand, United Republic of Tanzania, Malaysia and Mexico.

The Observer for the International Federation of the Red Cross and Red Crescent Societies also spoke.

Speakers commended the programme’s usefulness and contribution to wider understanding and appreciation of international law.  Grenada’s representative called for an approach to foundations to help with funding the programme, to reach the media and the broader general public.  The representative of Cyprus supported that proposal.

In another action this morning, the Committee approved a draft decision on its recommendation that the General Assembly take note of the consideration of the item entitled “Progressive development of the principles and norms of international law relating to the new international economic order”.  The Assembly would further note that the question could also be considered in the future.

Earlier, the Committee concluded its consideration of the report of the International Law Commission on the work of its fifty-fifth session with a final debate on the topics of “shared natural resources” and “fragmentation of international law: difficulties arising from the diversification and expansion of international law”.

The representative of New Zealand, speaking on behalf of the Pacific Forum Group of countries, said there was no doubt about the timeliness and importance of the topic of fragmentation of international law for the future of the international legal system.  He welcomed the increased number of exchanges between the International Law Commission and other bodies, including those with responsibilities under the various human rights conventions.

The representative of the United States, however, said the subject of fragmentation of international law did not lend itself to the development of draft articles.  The Commission should not attempt to produce draft guidelines, as its study group had proposed.

Speaking on shared natural resources, Austria’s representative said the concept of “shared” needed clarification.  The Commission should focus not on “shared” but on “transboundary” groundwaters, or those that crossed boundaries between two or more States.  The term “groundwater” should be defined, taking into account characteristics such as vulnerability and renewability.  Use and pollution should be addressed.

Enrique Candioti (Argentina), Chairman of the International Law Commission, noted the support given by members of the Committee to the Commission’s work.  He said he hoped the comments and constructive criticism would benefit the Commission’s codification of international law.

The Sixth Committee will meet again at 11:30 a.m. tomorrow, 5 November, to consider the report of the Committee on Relations with the Host Country on its work for 2003.

Background

The Sixth Committee (Legal) met this morning to conclude its debate on the report of the International Law Commission on the work of its fifty-fifth session (document A/58/10) by hearing views on shared natural resources and fragmentation of international law:  difficulties arising from the diversification and expansion of international law.  (For background on the Commission and its report, see Press Release GA/L/3238 of 27 October).  Also, the Committee was expected to take action on a number of draft resolutions and decisions.

Time permitting, the Commission was to hear the introduction of a report by the Secretary-General on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law and a draft resolution on it.

Draft Resolutions Before Committee

By a draft on measures to eliminate international terrorism (document A/C.6/58/L.19), the General Assembly would urge all States to become parties to the relevant conventions and protocols on the matter as a matter of urgency and to make the best use of the existing United Nations institutions for the purpose.  Further, it would urge States to cooperate with the Secretary-General and each other in ensuring that technical and other expert assistance was provided to States requiring and requesting it.

By the text, the Assembly would also decide that the ad hoc committee on the matter would continue elaborating a draft comprehensive convention on international terrorism.  It would also continue efforts to resolve outstanding issues on this and on the convention related to nuclear terrorism.  Finally, the question of convening a high-level conference under United Nations auspices to formulate a joint organized international response to terrorism in all its forms and manifestations would remain on the agenda.

By a draft on the Convention on jurisdictional immunities of States and their properties (document A/C.6/58/L.20), the Assembly would decide that the ad hoc committee on the matter should be reconvened from 1 to 5 March 2004, with a mandate to formulate a preamble and final clauses, with a view to completing a convention on the issue.

A draft on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel (document A/C.6/58/L.22) would have the Assembly urge States to take all necessary measures to prevent crimes against such personnel and to ensure that such crimes did not go unpunished and that perpetrators were brought to justice.  It would recommend that the Secretary-General continue seeking the inclusion of key convention provisions into status-of-forces, status-of-mission and host country agreements and that he advise the Security Council or the General Assembly of circumstances which supported a declaration of exceptional risk.

Further by the draft, the Assembly would urge the Secretary-General and other bodies to take practical measures to strengthen protection for these personnel, including those locally recruited who were particularly vulnerable and accounted for the majority of casualties in this category of persons.  Finally, it would decide that the ad hoc committee on the matter would convene for one week, from 12 to 16 April, with a mandate to expand the scope of legal protection under the Convention, including by means of legal instruments with work to continue within the existing framework.

By a draft on the United Nations Programme of Assistance in the teaching, study, dissemination and appreciation of international law (document A/C.6/58/L.13), the Assembly would approve the guidelines and recommendations in the Secretary-General’s report on the matter and would authorize him to carry out the activities listed for 2004-2005, including the awarding of fellowships, scholarships and travel grants as spelled out.  It would request the Secretary-General to consider admitting candidates from countries willing to bear costs of participating in the Programme, consider using resources for regional, subregional and national courses as against those within the United Nations system and provide the necessary resources for future biennia.

Further by the draft, the Assembly would request the Secretary-General to publicize the Programme and invite voluntary contributions, while Member States and organizations would be asked to contribute.  Governments would also be urged to contribute toward the organization of regional refresher courses by the United Nations Institute for Training and Research (UNITAR), especially with a view to covering the financing of daily subsistence allowance for regional course participants to alleviate the burden on prospective host countries.

Finally by the draft, the Secretary-General would be asked to report on its implementation at the Assembly’s sixtieth session.  Meanwhile, the Assembly would appoint 25 regionally representative members to the Programme’s Advisory Committee for four-year terms beginning 1 January 2004.

Those 25, according to a footnote, are:  Canada, Colombia, Cyprus, Czech Republic, Ethiopia, France, Germany, Ghana, Iran, Italy, Jamaica, Kenya, Lebanon, Malaysia, Mexico, Nigeria, Pakistan, Portugal, Russian Federation, Sudan, Trinidad and Tobago, Ukraine, United Republic of Tanzania, United States and Uruguay.

Draft Decision

By a draft decision on the Progressive development of the principles and norms of international law relating to the new international economic order (document A/C.6/58/L.24), prepared by the Bureau, the General Assembly would decide to take note of the Sixth Committee’s recommendation for consideration of the item.  The Assembly would further note that the item could be considered in the future.

Statements

COSMIN ONISII (Romania) said the Romanian branch of the International Law Association was assisting his country’s member of the International Law Commission in undertaking research on the topic “The application of successive treaties relating to the same matter (article 30 of the Vienna Convention of the Law of Treaties)”.  They were currently working on an assessment of State practice in that field with the hope of contributing usefully to the Commission’s work on the subject.  They planned to organize a seminar in Bucharest on the fragmentation of international law, as well as to publicize the Commission’s work among legal experts in South-Eastern Europe.

He also spoke on the item, “Shared natural resources”, commenting in particular, on the sub-topic of groundwaters.  He referred to a draft agreement negotiated by Romania about cooperation in the field of protection and sustainable use of transboundary waters.

ERIC ROSAND (United States), speaking on the same issue, said his delegation would provide information on groundwaters and its transboundary management requested by the Commission.  With respect to other resources under the topic, he said the Commission should limit its work to the subject of groundwater.

On the question of fragmentation of international law, he said the subject did not lend itself to the development of draft articles, and neither should the Commission attempt to produce draft guidelines, as its study group had tentatively proposed.

ARPAD PRANDLER (Hungary), speaking on the responsibility of international organizations, noted the diversity of international organizations within the European Union, with which his country was affiliated.  He said the structure of those organizations differed from classical models and the notion of “economic integration organizations” should be dealt with in subsequent draft articles.  The issue relating to the international legal personality of the European Union should also be taken account of by the Commission.

Turning to reservations to treaties, he emphasized the importance of safeguarding the integrity of international legal instruments against unfounded interpretations disguised as reservations.  He said international organizations and institutions must monitor reservations, particularly on treaties dealing with the protection of women’s and children’s rights.  Also, work on the guidelines should be completed within the present quinquennium, so that the absence of rules could not be misinterpreted or misused.  He said the topic of groundwater was an appropriate place to start on shared natural resources.  It would play an increasing role in decades to come, and the legal framework must be laid down by way of regional and subregional cooperation.  Also, stricter thresholds should be laid down in relation to transboundary damage.  As for the Commission’s future work, it should take up the question of elaborating legal rules for protecting vulnerable populations in situations of internal conflicts and natural disasters.

LUIS TAVARAS (Portugal) said the fragmentation of international law was an important issue needing to be viewed as a whole in the context of other international legal questions.  The area of reservations to treaties could come under the same kind of fragmentation if nations all over the world entered different reservations to various parts of treaties.  Finally, the issue was related to aspects of international law involved with matters that affected development questions, and it should be approached from that angle. 

MAZNI BUANG (Malaysia) said she supported the Commission’s approach of collecting information before embarking on a formulation of rules in the area of shared natural resources.  Also, the actual scope of considering the question of groundwater was still to be determined.  Whether all groundwater was covered, including surface and transboundary waters, the need to protect those waters from environmental pollution and other disruptive activities was vital.  While his country had been fortunate not to have exploited its groundwaters since perennial rivers and abundant rainfall had made surface waters adequate, steps had been taken to ensure adequate protection for the quality and quantity of groundwater in line with sustainable development.

Describing the holistic and federally controlled water management programme his country was developing, he said preventive measures were urgently needed in all countries.  Measures that could be taken included the creation of source protection zones and vulnerability mapping.  Sustainable development policy activities could include data collection, standard setting, control of extraction, monitoring, identification of pollution sources, establishment of protected areas and enforcement of standards and regulations.  Also, awareness-raising activities, as well as research and development efforts, could be carried out.  All those steps would help countries prepare for future challenges in using groundwater and protecting it from pollution.

DON MACKAY (New Zealand), speaking on behalf of the Pacific Forum Group of countries, said they supported the approach adopted by the International Law Commission on its work on fragmentation of international law.  They had no doubt as to the timeliness and importance of the topic for the future of the international legal system.  They approved the increasing number of exchanges between the Commission and other bodies including those with responsibilities under the various human rights conventions and the International Committee of the Red Cross.

The expertise of the Commission in general public international law meant that in some circumstances it might be able to assist international organizations that were developing new rules in their own functional areas.  Active contact with selected organizations would help to inform the Commission’s own work and also to increase awareness of the importance and relevance of the principles and rules of general public international law.  Those adjustments to its working methods and approaches that the Commission had begun to make should help to ensure the ongoing relevance of its work to the wider international community.

MARIA CRISTINA PEREZ DE PLANCHART (Venezuela) said her delegation had considered the Commission’s work and observed that it could not be strictly academic.  The Commission must take account of State practice and necessary realism.  Referring to the topic of responsibility of international organizations, she noted that the Commission’s work on it had been based on the first report of its special rapporteur.  The draft articles being elaborated must reflect work done by the Commission on international responsibility of States.  She said the provisions of draft article 2 on the use of terms were generally acceptable to her delegation.

She said her delegation strongly supported continued work by the Commission on the text relating to the unilateral acts of States.  Different approaches should be adopted in dealing with the topic, because of its complexity.  The draft on definition of unilateral acts submitted by the Commission could form the basis for further work on the term.  She also spoke on the topic of shared natural resources, observing that the Commission should focus on groundwater sources, excluding other shared resources such as migratory birds.

ALLIEU KANU (Sierra Leone) said he welcomed the consideration of responsibility of international organizations in parallel with State responsibility, although the two were differently structured and needed to be approached appropriately.  The definition should be broadened to include international organizations having other entities as members, in addition to States, although the concept of “other entities” needed further clarification.  The rules of the organization should be referred to when attributing responsibility for an internationally wrongful act.  The scope of responsibility in regard to peacekeeping forces should be considered once the general principle of responsibility had been established.

Turning to the question of diplomatic protection, he said the State of nationality of a corporation was the State in which it was incorporated.  There should be supplementary criteria if the corporation did not have a real link with the State of incorporation.  The protection should be extended to other legal persons and the State of nationality of the owner of a ship should be entitled to exercise diplomatic protection in all cases.  He suggested that perhaps the word “diplomatic” should be dropped, since the classic understanding of the concept caused confusion.  Also, he welcomed the broadening of the scope of “unilateral acts” as justified by decisions of the International Court of Justice.

Welcoming the work on reservations to treaties, shared natural resources and fragmentation of law, he said he supported the treatment of international liability but was not convinced that a strict liability standard should apply.  A test of “reasonableness” should be the applicable standard.

HANS WINKLER (Austria) said the types of groundwater to be considered should be identified.  The concept of “shared” needed clarification.  In its further work, the Commission should concentrate not on “shared” but on “transboundary” groundwaters, or those that crossed boundaries between two or more States.  The term “groundwater” should also be defined so as to delimit the scope of future rules and should include only confined groundwater resources.  Characteristics such as vulnerability and renewability should be taken into account.  Use and pollution should be addressed.  Work should focus on the elaboration of general substantive rules in light of regional developments.  Issues such as dispute settlement should be addressed only after substantive rules were established.

On fragmentation of international law, he said the problems of fragmentation had increased in recent years.  The study group’s approach to the question was correct in its focus on function and scope.  The outcome should be in the form of a Commission report, since the original mandate had been to draw attention of States to the risks of fragmentation.  The elaboration of a study and guidelines would be in full conformity with the objective.

ROSELYN AMADI (Kenya), discussing unilateral acts of States, said the Commission’s focus should be in line with the draft definition of such acts in the strict sense, as it had previously analysed.  Extending the scope to encompass State conduct would require re-consideration of prior reports.  Although the topic was complex, she said it was necessary that some rules for such acts of States were elaborated.  She noted the progress that had been made in the Commission’s work on reservations to treaties.  States should be discouraged from modifying reservations to treaties with the aim of enlarging their scope.  Objections should be formulated to clearly bring out the intention of the objecting party, she said.

She also dealt with the “fragmentation of international law” and with shared natural resources, noting that the approach adopted by the Commission on the first subject would lead to a fruitful and acceptable outcome.  It was important that a distinction was drawn between institutional and substantive law.  There was a real need for a comprehensive international framework to provide basis and direction for fragmentation of international law.  On the question of shared natural resources, she said she hoped the Commission would look into all aspects of transboundary groundwaters.  The Commission should also examine the nexus between activities on the surface and confined groundwaters to harmonize the two regimes.

RAJIV RANJAN SINGH (India) said further discussions on the topic of unilateral acts of States would be beneficial if the Commission focused on specific issues such as recognition, promise, waiver, renunciation and estoppel.  On shared natural resources, he said a deeper study of the topic was required before the Commission embarked on a workable definition.  India did not agree that the legal regime on non-navigable uses of watercourses was similar to that on groundwater. The question required a thorough and careful study.

On the fragmentation of international law, he said the topic was still at a formative stage, and the identification of a non-exhaustive list of broad areas where fragmentation occurred could be very useful.  He was confident that further study of those matters would pave the way for the reconciliation of conflicting rules.

MARCO BALAREZO (Peru) said examination of legal aspects of natural resources was an important topic for the Commission.  However, the title should not be “shared” but “transboundary” groundwater.  His country asserted its sovereignty over its groundwater.

ALFONSO ASCENCIO (Mexico) said he found the work on international organizations highly satisfactory in relation to the evolution of international law, the most important aspect of international relations.  The legal capacities of international organizations had increased because of the Commission’s work.  The work filled a true need and strengthened the responsibility of those organizations.  He said the definition as contained in article 2 was adequate.  Today, States were a necessary component of international organizations, but other entities could not be excluded.  Next year the Commission should consider the issue involved in making reference to norms and rules of the organization in ascribing responsibilities and on the question of United Nations peacekeeping forces.

LUIZ GUILHERME NASCENTES (Brazil) said knowledge about underground waters was in a very preliminary stage.  The timetable for the work on it should be revised.  Any effort to advance too fast would not be productive.  Also, it should be kept in mind that the principle of sovereignty applied with regard to shared natural resources.

ENRIQUE CANDIOTI (Argentina), Chairman of the International Law Commission, noted the support given by members of the Committee to the Commission’s work.  He hoped the experience gained from the contributions of Committee members would benefit the Commission’s codification of international law.  He assured the Committee that the valued comments, as well as constructive criticism, would be taken into account, and he would transmit them to his colleagues.

LAURO LIBOON BAJA (Philippines), Chairman of the Sixth Committee, on its behalf conveyed sincere appreciation to the Chairman of the Commission for the scholarly work of its members.  He wished the Commission every success in its crucial work in the progressive development and codification of international law.

Action on Drafts

The Committee took up the draft resolution on the Convention on Jurisdictional Immunities of States and Their Property (document A/C.6/58/L.20), which had been introduced by Japan.  The Committee Secretary read out the resolution’s programme budget implications.  He said the ad hoc committee would reconvene from 1 to 5 March to formulate the preamble and final clauses toward the completion of a convention.  Two meetings a day were envisioned with interpretation in all six languages.  Conference servicing requirements at full cost for the week were estimated at $186,100.  As the session had already been programmed, no additional appropriation was required.

The representative of China made a technical amendment concerning a date in the document.

The draft was approved without a vote.

The Committee then took up the draft on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel (document A/C.6/58/L.22).  It had been introduced by New Zealand’s representative.  The Committee Secretary read out the resolution’s programme budget implications.  He said the ad hoc committee would reconvene from 12 to 16 April, with a view to expanding the scope of legal protection under the Convention, including by means of a legal instrument.  There would be two meetings per day, with interpretation in all six languages.  Conference-servicing requirements at full cost were estimated at $179,400.  Again, the session had been programmed and no additional appropriation was required.

The Committee approved the draft without a vote.

Next, the Committee took up the draft decision on progressive development of principles and norms of international law relating to the new international economic order (document A/C.6/58/L.24), which was submitted by the Bureau.

The draft was adopted without a vote.

United Nations Programme of Assistance

Before the Sixth Committee is a report of the Secretary-General on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (document A/58/446).  It covers the implementation of the programme in 2002-2003, in accordance with the guidelines and recommendations contained in the Secretary-General’s report to the General Assembly at its fifty-sixth session.

The present report, inter alia, gives an account of the activities performed by the United Nations itself and of those in which the Organization has participated, as well as a description of contributions made by the United Nations Institute for Training and Research (UNITAR).  Specific information included in the report referred to activities during 2003.  Information for the year 2002 was included in the interim report of the Secretary-General dated 9 October 2002.

Activities of the United Nations included the organization of the Geneva International Law Seminar, the International Law Fellowship Programme, and a regional international law course for participants from Latin American countries to be held in Quito, Ecuador, from 16 to 27 February 2004.  The Advisory Panel for the Hamilton Shirley Amerasinghe Memorial Fellowship will meet early in December to choose a candidate for the eighteenth annual award.  The guidelines and recommendations regarding the execution of the programme in the biennium 2004-2005 are included in the report.

Membership of the Advisory Committee on the programme for the period from 1 January 2000 to 31 December 2003 is as follows:  Canada, Colombia, Cyprus, Czech Republic, Ethiopia, France, Germany, Ghana, Iran, Italy, Jamaica, Kenya, Lebanon, Malaysia, Mexico, Nigeria, Pakistan, Portugal, Russian Federation, Sudan, Trinidad and Tobago, Ukraine, United Republic of Tanzania, United States and Uruguay.

The thirty-seventh and thirty-eighth sessions of the Advisory Committee were chaired by Thomas Kwesi Quartey of Ghana, according to the Secretary-General’s report.

Introduction of Report and Draft Resolution

THOMAS KWESI QUARTEY (Ghana), Chairman of the advisory committee on the programme, introducing the report, said there was urgency for concerted efforts to encourage the teaching and dissemination of international law, particularly in the developing world.  On behalf of the advisory committee, he said he wished to thank the countries that had contributed to the running of the programme.  He said the advisory panel on the Amerasinghe Memorial Fellowship would meet in early December, and not November as stated in the Secretary-General’s report to nominate the winner of the fellowship.

Mr. Quartey then introduced the draft resolutions on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.

Statements on Programme of Assistance

MOHAMMAD FUZAIA (Bahrain) said international law contributed effectively to the strengthening of the rule of law in international relations.  It had proved its usefulness to students and governments.  He said the report had made the programme well known.  His Government would contribute to further publicize the programme.  He commended the Secretariat and UNITAR for their contributions to the programme.

TULL TRAISORAT (Thailand) said the teaching of international law and its dissemination were indispensable.  The contribution to the programme of the Academy of International Law at The Hague was very much appreciated.  He commended the work undertaken by the Office of Legal Affairs, particularly the United Nations Audio-Visual Library and e-based legal information, for the extensive resources on international legal jurisprudence.  Thailand had also been engaged with its neighbours in the exchange of training and dissemination of knowledge on international law.

ANDY MWANDEMBWA (United Republic of Tanzania) said the programme had been of immense importance to developing countries.  Many goals had been realized in introducing international law courses into the curricula of secondary and primary schools, but cooperation at the inter-university levels needed further encouragement.  Also, more conferences of experts at national and regional levels needed to be held so as to prepare model curricula and material for courses.  Special training on aspects of international law should be organized for legal professionals in all areas from judges to ministers to law enforcement and military personnel.

The programme significantly increased the rule of law by increasing the exposure of candidates from all countries to international law.  He said the programme should be expanded and its funding increased from the regular budget of the Office of Legal Affairs.

SARAH AL BAKRI DEVADASON (Malaysia) noted the various programmes involved and said the technical assistance portion had been particularly useful.  She said voluntary contributions for 2003 had been enough to fund a good many scholarships; more contributions would enable the Fund to grow.  Also, electronic means of disseminating information about international law was particularly important.  It was gratifying that use was being made of it in this effort and there should be further efforts.  The United Nations Web site was very helpful, as was the United Nations treaty database.  More initiatives should be undertaken, so as to expand the programme’s reach, and to promote United Nations objectives with regard to creating a culture of peace through the rule of law.

HAROLD FRUCHTBAUN (Grenada) said international law had been recognized as important by a large number of people who did not know what it was.  The Secretary-General’s report talked about the good work the programme accomplished but it was all aimed at international lawyers.  He said the programme of assistance was only half a programme since it needed to reach out to teachers in secondary schools and to those not studying international law.  It needed to reach editors, writers and filmmakers, all those not now reached.

From where would the money come? he asked.  He suggested help from foundations, such as Ford and Carnegie and the Turner Fund.  If the Committee was truly serious about reaching a wide number of people and teaching them about international law, he went on, the foundations should be recruited in the effort.

ANDREAS JACOVIDES (Cyprus) noted the importance of trade law, the Law of the Sea and the work of the United Nations Commission on International Trade Law as all important developments in the area of international law.  He said additional funding should be solicited from foundations for the dissemination of international law because it was the major contributor to an increase in the rule of law worldwide.

Mr. ASCENCIO (Mexico) noted the importance of the work of UNITAR and of United Nations publications in the field for disseminating information about international law and increasing its reach.

ENCHO GOSPODINOV, Observer for the International Federation of the Red Cross and Red Crescent Societies, said much had been done in recent years in the area of laws, rules and practice relating to international disaster response.  More than 300 treaties and many other instruments and rules were involved.  Often there was a troubling gap between laws and their appreciation.  The insufficient understanding resulted in ambiguities and even contradictions between laws and rules adopted at the international, regional and national levels.  That could amount to serious obstacles in disaster relief, even if unintended.

To overcome those obstacles, he said, more research should be done into the nature of existing laws at all levels and their relationship to practice.  It should focus on better implementation of existing instruments, rather than drafting new ones.  Greater coherence in the work of international organizations was also important, as was the inclusion of disaster-relief related law on the agendas of conferences dealing with disaster response.

Action on Draft

The Committee took up the draft on the report of the Secretary-General on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.

The draft was approved without a vote.

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