Chapter III. Selected decisions, recommendations and reports of a legal character by the United Nations and related inter-governmental organizations
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Solemnly reiterates and reaffirms the objectives and. principles enshrined both in the Declaration contained in resolution 1514 (XV) ffi1d in resolution 1654 (XVI);
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Deplores the refusal of certain administering Powers to co-operate in the implementation of the Declaration in territories under their administration;
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Calls upon the administering Powers concerned to cease forthwith all armed action and repressive measures directed against peoples who have not yet attained independence, particularly against the political activities of their rightful leaders;
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Urges all administering Powers to take immediate steps in order that all colonial territories and peoples may accede to independence without delay in
aGcor~~ce with the prOVisions of paragraph 5 of the Declaration;
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!/ On the item as a whole.
CHAPTER III
SELECTED DECISIONS, FECOMMENDATIONS.AIID REPORTS OF A LEGAL CHABAeTER BY THE UNITED NATIONS AND
RErATED INTER-GOVERNM.ENTAL ORGANIZATIONS
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UNITED NATIONS GENEBAL ASSEMBLY SEVENTEENTH SESSION
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THE SITUATION vlITH REGARD TO THE IMPLEMENTATION OF THE DECUBATION ON THE GFANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES (AGENDA ITEM 25)
Resolution adopted by the General ASsemblY~/
(Excerpts)
1810 (XVII). ~EE SITUATION vlITH F.EGARD TO THE IMPLEMENTATION
OF THE DECUBATION ON THE GRANTING OF INDEPENDENCE
TO COICNIAL COUNTRIES AND PEOPlES
The General Assembly,
1195th plenary meeting,
17 December 19b2.
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PEBl
Resolution adopted by the Gen~ral Assembly
1803 (XVII). PEBMANENT SOVEREIGN'I'Y OVER NA'IUPAL
RESOURCES
The General Assembly,
Recalling its resolutions 523 (VI) of 12 JanualY 1952 and 626 (VII) of
21 December 1952,
Bearing in mind its resolution 1314 (XIII) of 12 December 1958, by which it established the Commission on Permanent Sovereignty over Natural Resources·and instructed it to conduct a full survey of the status of permanent sovereignty over natural wealth and resources as a basic constituent of the right to self-determination, with recommendations, where necessary, for its strengthening and decided further that, in the conduct of the full survey of the status of the permanent sovereignty of peoples and nations over their natural wealth and resources, due regard should be paid to the rights and duties of States under international law and to the importance of encouraging international co-operation in the economic development of developing countries,
Bearing in mind its resolution 1515 (XV) of 15 December 1960, in which it recommended that the sovereign right of every State to dispose of its wealth and its natural resources should be respected,
Considering that any measure in this respect must be based on the recognition of the inalienable right of all States freely to dispose of their natural wealth and resources in accqrdance with their national interests, and on respect for the economic independence of States,
Considering that nothing in paragraph 4 below in any way prejudices the position of any Member State on any aspect of the ~uestion of the rights and
obligations of successor States and Governments in respect of property ac~uired
before the accession to complete soverei~nty of countries forwerly under colcnial
rule,_
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Noting that the subject of succession of States and Governments is being examined as a matter of priority by the International Law Commission,
Considering that it is desirable to promote international co-operation for the economic development of developing countries, and that economic and financial agreements between the developed and the developing countries must be b~se~ on the
principles of equality and of the right of peoples and nations to self-determination,
Considering that the provision of economic and technical assistance, loans and increased foreign investment must not be subject to conditions which conflict with the interests 0f the recipient State,
Considering the benefits to be derived from exchanges of technical and scientific information likely to promote the development and use of such resources and wealth, and the important part which the United Nations and other international organizations are called upon to play in that connexion,
Attaching particular importance to the question of promoting the economic development of developing countries and securing their economic independence,
Noting that the creation and strengthening of the inalienable sovereignty of States over their natural wealth and resources reinforces their economic
':"independence,
Desiring that there should be further consideration by the United ~ations of
the subject of permanent sovereignty over natural resources in the spirit of international co-operation in the field of economic development, particulurly that of the developing countries,
I
Declares that:
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The right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well-being of the people of the State concerned.
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The exploration, development and disposition of such resources, as well as the import of the foreign capital required for these purposes, should be in conformity with the rules and conditions which the peoples and nations freely consider to be necessary or desirable with regard to the authorization, restriction or prohibition of such activities.
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In cases where authorization is granted, the capital imported and the earnings on that capital shall be governed by the terms thereof, by the national legislation in force, and by international law. The profits derived must be shared in the proportions freely agreed upon, in each case, between the investors and the recipient State, due care being taken to ensure that there is no impairment for any reason, of that State's sovereignty over its natural wealth and resources.
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Nationalization, expropriation or requisitioning shal~ be based on grounds or reasons of public utility, security or the national interest which are recognized as overriding purely individual or private interests, both domestic and foreign. In such cases the owner shall be paid appropriate compensation, in accordance with the rules in force in the State taking such measures in the exercise of its sovereignty and in accordance with international law. In any case where the question of compensation gives rise to a controversy, the national jurisdiction of the State taking such measures shall be exhausted. However, upon agreement by sovereign States and other parties concerned, settlement of the dispute stould be made thrOUgh arbitration or international adjudication.
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The free and beneficial exercise of the sovereignty of peoples and
nations over their natural resources must be furthered by the mutual respect of States based on their sove~eign equality.
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International co-operation for the economic development of developing
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countries, whether in the form of pUblic or private capital investments, exchange of goods and services, technical assistance, or exchange of scientific information, shall be such as to further their indepcndGnt national devclo~mcnt and
shall be based upon respect for their sovereignty over their natural wealth and resources.
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Violation of the rights of peoples and nations to sovereignty over their natural wealth and resources is contrary to the sp;rit and principles of the Charter of the United Nations Rnd hinders the development of international co-operation and the maintenance of peace.
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Foreign investment agreements freely entered into by or between sovereign States shall be observed in good faith; States and international organizations shall strictly and conscientiously respect the sovereignty of
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peoples and nations over their natural wealth and resources in accordance with the Charter and the principles set forth in the present resolution.
II
vlelcomes the decision of the International law Commission to speed up its work on the codification of the topic of responsibility of states for the consideration of the General Assembly;~1
III
Re~uests the Secreta~J-General to continue the study of the various aspects of penrulllent sovereignty over natural resources, taking into account the desire of Member States to ensure the protection of their sovereign rights while encouraging international co-operation in the field of economic develo~ment and to re~ort to
the Economic and Social Council and to the General Assembly, if possible at its eighteenth session.
l194th plenary meeting, 14 December 1962.
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(Original text: Spanish7
- LI2 December 1969/
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CONSUIAR RELATIONS (AGENDA ITEM 74)
(a) Re~ort of the Sixth COmmitte~/
INTRODUCTION
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The General Assembly, at its 1129th plenary meeting on 24 September 1962, placea on the agenda of its seventeenth session 8.."tJ. item entitlea "Consular
relations" ana aeciaed to allocate it to the Sixth Committee.
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The Sixth Committee examinea this agenaa item at its 77lst to 775th meetings, from 3 to 6 December 1962.
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The item entitlea "Consular relationsll haa been incluaea in the provisional agenaa of the seventeenth session unaer paragraph 11 of General Assembly resolution 1685 (XVI), aatea 18 December 1961, concerning the convening of an international conference of plenipotentiaries on consular relations at Vienna at the beginning of March 1963. The aecision to Lnc.lude the item was taken tI to allow further expressions ana exchanges of vi~is concerning the araft articles on consular relations" 'Vrhich were set forth in chapter II of the report of the International Law Commission covering the work of its thirteenth sessiong/ ana which were referrea to the future conference of pleni~otentiaries at Vienna as
the basis for its ·work.
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The General Assembly also requestea Member States, in ~aragraph 2 of the
aforesad.d resolution...
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