Chapter III. Selected decisions, recommendations and reports of a legal character by the      United Nations and related inter-governmental organizations

UNITED NATIONS
JURIDICAL YEARBOOK
Extract from:
Chapter III. Selected decisions, recommendations and reports of a legal character by the
United Nations and related intergovernmental organizations
1970
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
Page
Part
Two. Legal activities
of the
United
Nation;
and
related intergovernmental organizations
CHAPTER
III.
SELECTED DECISIONS, RECOMMENDATIONS
AND
REPORT:,
OF A
LEGAL
CHARACTER
BY THE
UNITED
NATIONS
AND
RELATED
INTERGOVERNM
ÎNTAL
ORGANI-
ZATIONS
A.
DECISIONS, RECOMMENDATIONS
AND
REPORTS
OF A
LEGAL
CHAR
\CTER
BY THE
UNITED
NATIONS
United
Nations General
Assemblytwenty-fifth
session
\.
Celebration
of the
twenty-fifth
anniversary
of the
United
N
Uions
(agenda
item
21)
Resolution [2627
(XXV)]
adopted
by the
General Assembly
51
2. (a)
Question
of the
reservation exclusively
for
peaceful purpc
ses of the
sea-
bed
and the
ocean
floor, and the
subsoil thereof,
underlying
the
high seas
beyond
the
limits
of
present national jurisdiction,
and the use
>f
their resour-
ces
in the
interests
of
mankind
:
report
of the
Committee
o
i
the
Peaceful
Uses
of the
Sea-Bed
and the
Ocean
Floor
beyond
the
Limi
ts of
National
Jurisdiction
(b)
Marine pollution
and
other hazardous
and
larmful
effects
which might arise from
the
exploration
and
exploitation
of the
sea-bed
and
the
ocean
floor, and the
subsoil thereof, beyond
the
limits
of
national juris-
diction:
report
of the
Secretary-General
(c)
Views
of
Member
States
on
the
desirability
of
convening
at an
early
date
a
conference
on the law of the
sea: report
of the
Secretary-General
(d)
Question
of the
breadth
of the
territorial
sea and
related matters (agenda item
25)
Resolution [2749
(XXV)]
adopted
by the
General Assembly
55
3.
International co-operation
in the
peaceful uses
of
outer space
:
report
of the
Committee
on the
Peaceful Uses
of
Outer Space (agenda
iterr
26)
Resolution [2733
C
(XXV)]
adopted
by the
General Assembl
f
57
4.
Question
of
chemical
and
bacteriological (biological) weapons
:
report
of the
Conference
of the
Committee
on
Disarmament (agenda item
28)
Resolution
[2662
(XXV)]
adopted
by the
General Assembly
59
5.
Urgent need
for
suspension
of
nuclear
and
thermonuclear
trsts:
report
of
the
Conference
of the
Committee
on
Disarmament (agenda
it
m 29)
Resolution
[2663
B
(XXV)]
adopted
by the
General Assembly
61
6.
Consideration
of
measures
for the
strengthening
of
internat
onal
security
:
report
of the
Secretary-General (agenda item
32)
Resolution [2734
(XXV)]
adopted
by the
General Assembly
62
7.
Respect
for
human rights
in
armed
conflicts
:
report
of the
Seo
etary-General
(agenda item
47)
Resolutions [2673 (XXV), 2674 (XXV), 2675 (XXV),
267i
(XXV)
and
2677
(XXV)]
adopted
by the
General Assembly
66
vii
CONTENTS
(continued)
Page
8.
Question
of the
punishment
of war
criminals
and of
persons
who
have com-
mitted
crimes against humanity:
report
of the
Secretary-General (agenda
item
50)
Resolution
[2712
(XXV)]
adopted
by the
General
Assembly
72
9.
Elimination
of all
forms
of
racial
discrimination
(a)
International Year
for
Action
to
Combat Racism
and
Racial Discrimination
:
report
of the
Secretary-
General
(b)
Measures
for
effectively
combating racial discrimination
and
the
policies
of
apartheid
and
segregation
in
southern
Africa
:
report
of the
Secretary-General
(c)
Report
of the
Committee
on the
Elimination
of
Racial
Discrimination, submitted under article
9 of the
International Conven-
tion
on the
Elimination
of all
Forms
of
Racial Discrimination
(d)
Status
of
the
International Convention
on the
Elimination
of All
Forms
of
Racial
Discrimination
:
report
of the
Secretary-General (agenda item
53)
Resolution [2647
(XXV)]
adopted
by the
General Assembly
74
10.
Report
of the
International
Law
Commission
on the
work
of its
twenty-
second session (agenda item
84)
(a)
Report
of the
Sixth Committee
75
(6)
Resolution adopted
by the
General Assembly
102
11.
Consideration
of
principles
of
international
law
concerning
friendly
relations
and
co-operation among States
in
accordance with
the
Charter
of the
United
Nations
:
report
of the
Special Committee
on
Principles
of
International
Law
concerning
Friendly Relations
and
Co-operation among States (agenda
item
85)
Resolution [2625
(XXV)]
adopted
by the
General Assembly
104
12.
Report
of the
United Nations Commission
on
International Trade
Law on the
work
of its
third session (agenda item
86)
Resolution [2635
(XXV)]
adopted
by the
General Assembly
Ill
13.
Status
of the
implementation
of
General
Assembly
resolution 2456
B
(XXIII)
concerning
the
signature
and
ratification
of
Additional Protocol
II of the
Treaty
for the
Prohibition
of
Nuclear Weapons
in
Latin America (Treaty
of
Tlatelolco) (agenda item
93)
Resolution [2666
(XXV)]
adopted
by the
General Assembly
112
14.
Aerial hijacking
or
interference
with
civil
air
travel (agenda item
99)
Resolution [2645
(XXV)]
adopted
by the
General Assembly
114
B.
DECISIONS,
RECOMMENDATIONS
AND
REPORTS
OF A
LEGAL CHARACTER
BY
INTER-
GOVERNMENTAL
ORGANIZATIONS RELATED
TO THE
UNITED NATIONS
1.
United
Nations Educational,
Scientific
and
Cultural Organization
UNESCO's
contribution
to
peace
and its
tasks
with
respect
to the
elimination
of
colonialism,
and
utilization
of
UNESCO's programme
as a
means
of
strengthening
co-operation between European States
in the
interest
of
peace
and
security
in
Europe—Resolution
adopted
by the
General Con-
ference
on 7
November 1970 during
its
sixteenth session
115
viii
CONTENTS
(continued)
Page
2.
International Telecommunication
Union
Resolution
No. 676
adopted
at its
twenty-fifth
session
by the
Administrative
Council
119
CHAPTER
IV.
TREATIES
CONCERNING INTERNATIONAL
LAW
CONCLUD
;D
UNDER
THE
AUSPICES
OF THE
UNITED
NATIONS
AND
RELATED
INTERGOVERNM
ÎNTAL
ORGANI-
ZATIONS
A.
TREATIES CONCERNING INTERNATIONAL
LAW
CONCLUDED
UNDEB
THE
AUSPICES
OF
THE
UNITED
NATIONS
Treaty
on the
Prohibition
of the
Emplacement
of
Nuclear
Weaf
ons and
Other
Weapons
of
Mass Destruction
on the
Sea-Bed
and the Oc
can
Floor
and
in the
Subsoil Thereof
121
TJ.
TREATIES CONCERNING INTERNATIONAL
LAW
CONCLUDED UNDEP
THE
AUSPICES
OF
INTERGOVERNMENTAL ORGANIZATIONS RELATED
TO THE
UNITED
NATIONS
1.
United
Nations Educational,
Scientific
and
Cultural
Organization
Convention
on the
means
of
prohibiting
and
preventing
the
illicit
import,
export
and
transfer
of
ownership
of
cultural
property,
t
Adopted
by the
General Conference
at the
sixteenth session, Paris,
14 Is
ovember
1970
124
2.
International Civil Aviation Organization
Convention
for the
Suppression
of
Unlawful
Seizure
of
Aircr,
ift.
Signed
at
The
Hague
on 16
December 1970
131
3.
International Atomic
Energy
Agency
Amendment
of
Article
VI of the
Statute
:
Resolution adop
ed
during
the
142nd
plenary meeting
on 28
September
1970
135
CHAPTER
V.
DECISIONS
OF
ADMINISTRATIVE TRIBUNALS
OF THE
UMTED
NATIONS
AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
A.
DECISIONS
OF THE
ADMINISTRATIVE TRIBUNAL
OF THE
UNITED
NATIONS
1.
Judgement
No. 135 (26
October
1970):
Touhami
v.
Secretary-General
of
the
United Nations
A fixed-term
appointment does
not
carry
any
expectancy
of
renewal
or of
conversion
to any
other type
of
appointment—Obligation
to
provide
every
staff
member with
a
letter
of
appointment
defining
the
terms
and
conditions
of his
appointment
137
2.
Judgement
No. 136 (29
October
1970):
Detiere
v.
Secretary-
Ueneral
of the
Civil
Aviation Organization
ix
Chapter
III
SELECTED
DECISIONS,
RECOMMENDATIONS
AND
R1CPORTS
OF A
LEGAL
CHARACTER
BY THE
UNITED
NATIONS
AND
RELATED
INTERGOVERNMENTAL
ORGANIZATIONS
A.
Decisions,
recommendations
and
reports
of a
legal
character
by
the
United
Nations
United
Nations General
Assembly—twenty-fifth
se
;sion
1.
CELEBRATION
OF THE
TWENTY-FIFTH
ANNIVERSARY
OF THE
UNITED NATIONS (AGENDA ITEM
21)
Resolution
[2627
(XXV)]
adopted
by the
General
Assembly
2627
(XXV). Declaration
on the
Occasion
of the
Twenty-fifth
Anniversary
of the
United Nations
The
General Assembly
Adopts
the
following
Declaration:
DECLARATION
ON THE
OCCASION
OF THE
TWENTY-FIFTH
ANNIVERSARY
OF
THE
UNITED NATIONS
We, the
representatives
of the
States Members
of the
United
Naiions,
assembled
at
United
Nations Headquarters
on 24
October 1970
on the
occasion
of
thî
twenty-fifth
anni-
versary
of the
coming into force
of the
Charter
of the
United Nations,
new
solemnly declare
that
:
1.
In
furtherance
of the
anniversary objectives
of
peace,
justice
and
progress,
we
reaffirm
our
dedication
to the
Charter
of the
United Nations
and our
uill
to
carry
out the
obligations
contained
in the
Charter.
2.
The
United Nations, despite
its
limitations, has,
in its
role
a;
a
centre
for
har-
monizing
the
actions
of
nations
in
attaining
the
purposes mentioned
n
Article
1 of the
Charter, made
an
important contribution
to the
maintenance
of
international
peace
and
security,
to
developing
friendly
relations based
on
respect
for the
princ
pie
of
equal rights
and
self-determination
of
peoples
and to
achieving international
co-opeiation
in
economic,
social,
cultural
and
humanitarian
fields. We
reaffirm
our
deep
convictiDn
that
the
United
Nations
can
provide
a
most
effective
means
to
strengthen
the
freedom
and
independence
of
nations.
3. In
pursuance
of the
purposes
of the
Charter,
we
reaffirm
ou
determination
to
respect
the
principles
of
international
law
concerning
friendly
relation,
and
co-operation
among
States.
We
will
exert
our
utmost
efforts
to
develop such relatior
s
among
all
States,
irrespective
of
their political, economic
and
social systems,
on the
basis
>f
strict observance
of
the
principles
of the
Charter,
and in
particular
the
principle
of so
/ereign equality
of
States,
the
principle that States shall
refrain
in
their international relations from
the
threat
51
or use of
force against
the
territorial integrity
or
political independence
of any
State,
the
principle
that they shall
settle
their
international
disputes
by
peaceful means,
the
duty
not to
intervene
in
matters
within
the
domestic
jurisdiction
of any
State,
the
duty
of
States
to
co-operate
with
one
another
in
accordance
with
the
Charter,
and the
principle that
States
shall
fulfil
in
good faith
the
obligations assumed
by
them
in
accordance with
the
Charter.
The
progressive development
and
codification
of
international law,
in
which
important progress
was
made during
the first
twenty-five years
of the
United Nations,
should
be
advanced
in
order
to
promote
the
rule
of law
among nations.
In
this connexion
we
particularly welcome
the
adoption today
of the
Declaration
on
Principles
of
International
Law
concerning Friendly Relations
and
Co-operation among States
in
accordance
with
the
Charter
of the
United
Nations.1
4.
Despite
the
achievements
of the
United Nations,
a
grave situation
of
insecurity
still
confronts
the
Organization
and
armed conflicts occur
in
various parts
of the
world,
while
at the
same time
the
arms
race
and
arms expenditure continue
and a
large
part
of
humanity
is
suffering
from economic
under-development.
We
reaffirm
our
determination
to
take concrete steps
to
fulfil
the
central task
of the
United
Nations—the
preservation
of
international
peace
and
security—since
the
solution
to
many other crucial problems, notably
those
of
disarmament
and
economic development,
is
inseparably linked thereto,
and to
reach agreement
on
more
effective
procedures
for
carrying
out
United
Nations
peace-keeping
consistent
with
the
Charter.
We
invite
all
Member States
to
resort
more
often
to the
peace-
ful
settlement
of
international disputes
and
conflicts
by the
means provided
for in the
Charter,
notably
through negotiation,
inquiry,
mediation, conciliation, arbitration
and
judicial
settlement,
making
use as
appropriate
of the
relevant organs
of the
United Nations,
as
well
as
through resort
to
regional agencies
or
arrangements
or
other peaceful means
of
their
own
choice.
5.
On the
threshold
of the
Disarmament Decade,
we
welcome
the
important inter-
national agreements which have already been achieved
in the
limitation
of
armaments,
especially
nuclear arms. Conscious
of the
long
and
difficult
search
for
ways
to
halt
and
reverse
the
arms race
and of the
grave threat
to
international peace
posed
by the
continuing
development
of
sophisticated weapons,
we
look forward
to the
early conclusion
of
further
agreements
of
this kind
and to
moving forward from arms
limitation
to a
reduction
of
armaments
and to
disarmament everywhere, particularly
in the
nuclear
field,
with
the
participation
of all
nuclear
Powers.
We
call
upon
all
Governments
to
renew their deter-
mination
to
make concrete progress towards
the
elimination
of the
arms
race
and the
achievement
of the final
goal—general
and
complete disarmament under
effective
inter-
national control.
6. We
acclaim
the
role
of the
United Nations
in the
past twenty-five years
in the
process
of the
liberation
of
peoples
of
colonial, Trust
and
other
Non-Self-Governing
Territories.
As a
result
of
this welcome development,
the
number
of
sovereign States
in
the
Organization
has
been greatly increased
and
colonial empires have virtually dis-
appeared. Despite these achievements, many Territories
and
peoples continue
to be
denied
their
right
to
self-determination
and
independence, particularly
in
Namibia, Southern
Rhodesia, Angola, Mozambique
and
Guinea (Bissau),
in
deliberate
and
deplorable defiance
of
the
United Nations
and
world opinion
by
certain recalcitrant States
and by the
illegal
régime
of
Southern
Rhodesia.
We
reaffirm
the
inalienable right
of all
colonial peoples
to
self-determination, freedom
and
independence
and
condemn
all
actions which deprive
any
people
of
these rights.
In
recognizing
the
legitimacy
of the
struggle
of
colonial
peoples
for
their freedom
by all
appropriate means
at
their disposal,
we
call upon
all
Governments
1
Resolution
2625
(XXV),
reproduced
in
this
Yearbook,
p.
104.
52
to
comply
in
this respect
with
the
provisions
of the
Charter, taking into
a
:count
the
Declara-
tion
on the
Granting
of
Independence
to
Colonial
Countries
and
Peof
les
adopted
by the
United Nations
in
1960.
We
re-emphasize that these countries
and
pîoples
are
entitled,
in
their just struggle,
to
seek
and to
receive
all
necessary moral
and
material
help
in
accord-
ance
with
the
purposes
and
principles
of the
Charter.
7. We
strongly condemn
the
evil
policy
of
apartheid,
which
is
;.
crime against
the
conscience
and
dignity
of
mankind
and,
like nazism,
is
contrary
to
tl
e
principles
of the
Charter.
We
reaffirm
our
determination
to
spare
no
effort,
includin
;
support
to
those
who
struggle against
it, in
accordance
with
the
letter
and
spirit
of the
Charter,
to
secure
the
elimination
of
apartheid
in
South
Africa.
We
also condemn
all
forms
of
oppression
and
tyranny wherever they occur
and
racism
and the
practice
of
raci;
1
discrimination
in
all
its
manifestations.
8. The
United
Nations
has
endeavoured
in its first
twenty-five
years
to
further
the
Charter
objectives
of
promoting respect
for,
and
observance
of,
huma
i
rights
and
funda-
mental
freedoms
for
all.
The
international
conventions
and
dec]
nations
concluded
under
its
auspices give expression
to the
moral conscience
of man
;ind
and
repiesent
humanitarian
standards
for all
membeis
of the
international commun
ty. The
Universal
Declaration
of
Human Rights,
the
International Covenants
on
Human Rights,
the
Inter-
national Convention
on the
Elimination
of All
Forms
of
Racial
Discrimination
and the
Convention
on the
Prevention
and
Punishment
of the
Crime
of Ge
locide constitute
a
landmark
in
international co-operation
and in the
iccognition
and
proiection
of the
rights
of
every
individual
without
any
distinction. Although
some
progress
has
been achieved,
serious
violations
of
human rights
are
still being committed against
ind
viduals
and
groups
in
several regions
of the
world.
We
pledge ourselves
to a
continu
:d
and
determined
struggle
against
all
violations
of the
rights
and
fundamental
freedom:,
of
human beings,
by
eliminating
the
basic causes
of
such violations,
by
promoting
unive
rsal
respect
for the
dignity
of all
people without regard
to
race,
colour, sex, language
or
religi
m,
and in
particular
through
greater
use of the
facilities
provided
by the
United Nations
in ;
ccordance
with
the
Charter.
9.
During
the
past
twenty-five
years,
efforts
have been made,
ty
adopting
specific
measures
and by
fashioning
and
employing
new
institutions,
to
give
cc
ncrete substance
to
the
fundamental
objectives enshrined
in the
Charter,
to
create
conditi
>ns
of
stability
and
and
well-being
and to
ensure
a
minimum
standard
of
living
consistent
vith
human
dignity.
We are
convinced
that
such
economic
and
social
development
is
essen
ial
to
peace,
inter-
national security
and
justice.
The
nations
of the
world have,
therefoi
e,
resolved
to
seek
a
better
and
more
effective
system
of
international co-operation
whe-eby
the
prevailing
disparities
may be
banished
and
prosperity secured
for
all.
International
efforts
for
eco-
nomic
and
technical co-operation must
be on a
scale
commensurate with that
of the
problem
itself.
In
this context,
the
activities
of the
United
Nations
system
des
gned
to
secure
the
economic
and
social progress
of all
countries,
in
particular
the
developi
ig
countries,
which
have
grown
significantly
in the
past
twenty-five
years, should
be
furtru
r
strengthened
and
increased. Partial, sporadic
and
half-hearted measures
will
not
suffice
On the
occasion
of
this anniversary,
we
have proclaimed
the
1970s
to be the
Second
United
Nations Develop-
ment
Decade,
which coincides with
and is
linked
to the
Disarmament
Decade,
and
have
adopted
the
International Development Strategy
for the
Second United Nations Develop-
ment
Decade.2
We
urge
all
Governments
to
give their
full
support
to
its
most complete
and
effective
implementation
in
order
to
realize
the
fundamental object
ves
of the
Charter.
2
Resolution
2626
(XXV).
53
10.
The new
frontiers
of
science
and
technology demand greater international
co-
operation.
We
reaffirm
our
intention
to
make
full
use,
inter
alia,
through
the
United
Nations,
of the
unprecedented opportunities created
by
advances
in
science
and
technology
for
the
benefit
of
peoples everywhere
in
such
fields as
outer space,
the
peaceful uses
of the
sea-bed beyond national
jurisdiction
and the
improvement
of the
quality
of the
environment,
so
that
the
developed
and
developing countries
can
share equitably
scientific
and
technical
advances, thus contributing
to the
acceleration
of
economic development throughout
the
world.
11.
The
great increase
in the
membership
of the
Organization since
1945
testifies
to
its
vitality;
however, universality
in
terms
of
membership
in the
Organization
has not
yet
been achieved.
We
express
the
hope that
in the
near
future
all
other peace-loving
States
which accept
and,
in the
judgement
of the
Organization,
are
able
and
willing
to
carry
out the
obligations
of the
Charter
will
become
Members.
It is
furthermore desirable
to
find
ways
and
means
to
strengthen
the
Organization's effectiveness
in
dealing with
the
growing
volume
and
complexity
of its
work
in all
areas
of its
activities,
and
notably those
relating
to the
strengthening
of
international peace
and
security, including
a
more
rational
division
and
co-ordination
of
work among
the
various agencies
and
organizations
of the
United Nations system.
12.
Mankind
is
confronted today
by a
critical
and
urgent choice: either increased
peaceful
co-operation
and
progress
or
disunity
and
conflict,
even
annihilation.
We, the
representatives
of the
States Members
of the
United Nations, solemnly observing
the
twenty-
fifth
anniversary
of the
United Nations,
reaffirm
our
determination
to do our
utmost
to
ensure
a
lasting
peace
on
earth
and to
observe
the
purposes
and
principles embodied
in the
Charter,
and
express
full
confidence that
the
actions
of the
United Nations
will
be
conducive
to the
advancement
of
mankind along
the
road
to
peace, justice
and
progress.
1833rd
plenary
meeting,
24
October
1970.
2.
(a)
QUESTION
OF THE
RESERVATION EXCLUSIVELY
FOR
PEACE-
FUL
PURPOSES
OF THE
SEA-BED
AND THE
OCEAN FLOOR,
AND
THE
SUBSOIL THEREOF, UNDERLYING
THE
HIGH SEAS
BEYOND
THE
LIMITS
OF
PRESENT NATIONAL JURISDICTION,
AND
THE USE OF
THEIR RESOURCES
IN
THE
INTERESTS
OF
MANKIND:
REPORT
OF THE
COMMITTEE
ON THE
PEACEFUL
USES
OF THE
SEA-BED
AND THE
OCEAN FLOOR BEYOND
THE
LIMITS
OF
NATIONAL JURISDICTION
(b)
MARINE POLLUTION
AND
OTHER HAZARDOUS
AND
HARM-
FUL
EFFECTS WHICH MIGHT ARISE FROM
THE
EXPLORATION
AND
EXPLOITATION
OF THE
SEA-BED
AND THE
OCEAN FLOOR,
AND
THE
SUBSOIL THEREOF, BEYOND
THE
LIMITS
OF
NATION-
AL
JURISDICTION: REPORT
OF THE
SECRETARY-GENERAL
(r)
VIEWS
OF
MEMBER STATES
ON THE
DESIRABILITY
OF
CON-
VENING
AT AN
EARLY DATE
A
CONFERENCE
ON THE LAW
OF THE
SEA:
REPORT
OF THE
SECRETARY-GENERAL
54
(d)
QUESTION
OF THE
BREADTH
OF THE
TERRITORIAL
SEA AND
RELATED MATTERS
(AGENDA
ITEM
25)
Resolution
[2749
(XXV)]
adopted
by the
General
Assembly
2749 (XXV). Declaration
of
Principles Governing
the
Sea-Bed
and
tl
e
Ocean Floor,
and
the
Subsoil Thereof, beyond
the
Limits
of
National
Jurisdiction
The
General Assembly,
Recalling
its
resolutions 2340 (XXII)
of 18
December 1967, 2467 (XXIII)
of 21
Decem-
ber
1968
and
2574 (XXIV)
of 15
December 1969, concerning
the
area
to
which
the
title
of the
item refers.
Affirming
that there
is an
area
of the
sea-bed
and the
ocean
flcor, and the
subsoil
thereof, beyond
the
limits
of
national jurisdiction,
the
precise
limits
of
which
are yet to be
determined,
Recognizing that
the
existing legal régime
of the
high seas does
not
provide substantive
rules
for
regulating
the
exploration
of the
aforesaid area
and the
exploitation
of its
resources,
Convinced
that
the
area
shall
be
reserved exclusively
for
peacefu purposes
and
that
the
exploration
of the
area
and the
exploitation
of its
resources
shal
be
carried
out for
the
benefit
of
mankind
as a
whole,
Believing
it
essential that
an
international régime
applying
to the
ai
ea and its
resources
and
including appropriate international machinery should
be
established
as
soon
as
possible,
Bearing
in
mind that
the
development
and use of the
area
and it
;
resources shall
be
undertaken
in
such
a
manner
as to
foster
the
healthy development
of the
world economy
and
balanced growth
of
international trade,
and to
minimize
any
adve
-se
economic
effects
caused
by the fluctuation of
prices
of raw
materials resulting from
sue!
activities,
Solemnly declares that:
1.
The
sea-bed
and
ocean
floor, and the
subsoil thereof, beyond
t
ic
limits
of
national
jurisdiction (hereinafter referred
to as the
area),
as
well
as the
resour
;es
of the
area,
are
the
common heritage
of
mankind.
2. The
area
shall
not be
subject
to
appropriation
by any
means
b y
States
or
persons,
natural
or
juridical,
and no
State
shall
claim
or
exercise sovereignty
or
sovereign rights
over
any
part thereof.
3.
No
State
or
person, natural
or
juridical, shall claim,
exercise
or
acquire rights
with
respect
to the
area
or its
resources incompatible with
the
international
régime
to be
established
and the
principles
of
this Declaration.
4. All
activities regarding
the
exploration
and
exploitation
of t
ic
resources
of the
area
and
other related activities shall
be
governed
by the
international
régime
to be
established.
5.
The
area
shall
be
open
to use
exclusively
for
peaceful
purposes
by all
States,
whether coastal
or
land-locked, without discrimination,
in
accordance
w th the
international
régime
to be
established.
6.
States shall
act in the
area
in
accordance with
the
applicable
mnciples
and
rules
of
international law, including
the
Charter
of the
United Nations
and the
Declaration
on
Principles
of
International
Law
concerning Friendly Relations
and
CD-operation
among
55
States
in
accordance with
the
Charter
of the
United Nations, adopted
by the
General
Assembly
on 24
October
1970,3
in the
interests
of
maintaining international peace
and
security
and
promoting international
co-operation
and
mutual understanding.
7. The
exploration
of the
area
and the
exploitation
of its
resources shall
be
carried
out for the
benefit
of
mankind
as a
whole, irrespective
of the
geographical location
of
States,
whether land-locked
or
coastal,
and
taking into particular consideration
the
interests
and
needs
of the
developing countries.
8.
The
area
shall
be
reserved exclusively
for
peaceful purposes, without prejudice
to any
measures which have been
or may be
agreed upon
in the
context
of
international
negotiations undertaken
in the field of
disarmament
and
which
may be
applicable
to a
broader
area.
One or
more international agreements shall
be
concluded
as
soon
as
possible
in
order
to
implement
effectively
this principle
and to
constitute
a
step
towards
the
exclusion
of
the
sea-bed,
the
ocean
floor and the
subsoil thereof
from
the
arms race.
9. On the
basis
of the
principles
of
this Declaration,
an
international régime applying
to the
area
and its
resources
and
including appropriate international machinery
to
give
effect
to its
provisions
shall
be
established
by an
international
treaty
of a
universal
character,
generally agreed upon.
The
régime shall, inter alia, provide
for the
orderly
and
safe
develop-
ment
and
rational management
of the
area
and its
resources
and for
expanding opportunities
in the use
thereof,
and
ensure
the
equitable sharing
by
States
in the
benefits derived there-
from,
taking into particular consideration
the
interests
and
needs
of the
developing countries,
whether land-locked
or
coastal.
10.
States shall promote international co-operation
in
scientific
research exclusively
for
peaceful
purposes:
(a)
By
participation
in
international programmes
and by
encouraging co-operation
in
scientific research
by
personnel
of
different
countries;
(b)
Through
effective
publication
of
research programmes
and
dissemination
of the
results
of
research through international channels
;
(c) By
co-operation
in
measures
to
strengthen research capabilities
of
developing
countries, including
the
participation
of
their nationals
in
research
programmes.
No
such activity shall form
the
legal basis
for any
claims with respect
to any
part
of the
area
or its
resources.
11.
With respect
to
activities
in the
area
and
acting
in
conformity with
the
international
régime
to be
established, States shall take appropriate measures
for and
shall co-operate
in the
adoption
and
implementation
of
international rules, standards
and
procedures for,
inter
alia:
(a)
The
prevention
of
pollution
and
contamination,
and
other hazards
to the
marine
environment, including
the
coastline,
and of
interference with
the
ecological balance
of the
marine
environment;
(b)
The
protection
and
conservation
of the
natural resources
of the
area
and the
prevention
of
damage
to the flora and
fauna
of the
marine environment.
12.
In
their activities
in the
area,
including those relating
to its
resources, States shall
pay due
regard
to the
rights
and
legitimate interests
of
coastal
States
in the
region
of
such
activities,
as
well
as of all
other States, which
may be
affected
by
such activities. Consulta-
tions shall
be
maintained
with
the
coastal States concerned with respect
to
activities relating
to the
exploration
of the
area
and the
exploitation
of its
resources with
a
view
to
avoiding
infringement
of
such rights
and
interests.
3
Resolution
2625
(XXV),
reproduced
in
this
Yearbook,
p.
104.
56
13.
Nothing herein shall
affect:
(a)
The
legal status
of the
waters
superjacent
to the
area
or
that
o
the air
space
above
those waters;
(b)
The
rights
of
coastal States
with
respect
to
measures
to
prevei
t,
mitigate
or
elimi-
nate grave
and
imminent danger
to
their coastline
or
related interest
;
from
pollution
or
threat thereof
or
from
other
hazardous occurrences resulting from
or
cai
sed by any
activities
in
the
area, subject
to the
international régime
to be
established.
14.
Every State
shall
have
the
responsibility
to
ensure that
ac
ivities
in the
area,
including
those relating
to its
resources, whether undertaken
by
governmental
agencies,
or
non-governmental entities
or
persons under
its
jurisdiction,
or
a:ting
on its
behalf,
shall
be
carried
out in
conformity with
the
international régime
to
bs
established.
The
same responsibility applies
to
international organizations
and
their
rm
mbers
for
activities
undertaken
by
such organizations
or on
their
behalf. Damage
cause!
by
such activities
shall
entail
liability.
15.
The
parties
to any
dispute relating
to
activities
in the
area
ani
its
resources
shall
resolve
such dispute
by the
measures mentioned
in
Article
33 of the
Cl
arter
of the
United
Nations
and
such procedures
for
settling
disputes
as may be
agreed
upon
in the
international
régime
to be
established.
1933rd
plenary
meeting,
17
December 1970.
3.
INTERNATIONAL CO-OPERATION
IN THE
PEACEFUL
USES
OF
OUTER
SPACE: REPORT
OF THE
COMMITTEE
ON
THE
PEACEFUL
USES
OF
OUTER SPACE (AGENDA ITEM
26)
Resolution
[2733
C
(XXV)]
adopted
by the
General
A
isembly
2733
(XXV). International
co-operation
in the
peaceful uses
ol
outer space
c
The
General
Assembly,
Recalling
its
resolutions 2600 (XXIV)
and
2601 (XXIV)
of 16
December
1969,
Having
considered
the
report
of the
Committee
on the
Peaceful
Us
s of
Outer
Space,
*
Reaffirming
the
common interest
of
mankind
in
furthering
the exp
oration
and use of
outer space
for
peaceful purposes,
Recognizing
the
importance
of
international co-operation
in
dev(
loping
the
rule
of
law
in the
exploration
and
peaceful uses
of
outer
space,
Convinced
of the
need
for
increased
efforts
to
promote applications
>f
space technology
for
the
benefit
of all
countries, particularly
the
developing countries,
Believing
that
the
benefits
of
space exploration
can be
extended
to
States
at all
stages
of
economic
and
scientific
development
if
Member States conduct their
space
programmes
in
a
manner designed
to
promote
the
maximum international
co-operation,
including
the
widest
possible
and
practical application
of
information
in
this
field,
1.
Endorses
the
recommendations
and
decisions
contained
in the
eport
of the
Com-
mittee
on the
Peaceful
Uses
of
Outer Space;
4
See
Official
Records
of
the
General
Assembly,
Twenty-fifth
Session,
Supplet,
\ent
No. 20
(A/8020).
57
2.
Requests
the
Committee
on the
Peaceful Uses
of
Outer Space
to
continue
to
study
questions relative
to the
definition
of
outer space
and the
utilization
of
outer space
and
celestial bodies including various implications
of
space communications,
as
well
as
those
comments which,
may be
brought
to the
attention
of the
Committee
by
specialized agencies
and the
International
Atomic Energy Agency
as a
result
of
their examination
of
problems
that have arisen
or
that
may
arise
from
the use of
outer space
in the fields
within
their
competence
;
3.
Invites
those
States
which have
not yet
become
parties
to the
Treaty
on
Principles
Governing
the
Activities
of
States
in the
Exploration
and Use of
Outer Space,
including
the
Moon
and
Other Celestial Bodies
and the
Agreement
on the
Rescue
of
Astronauts,
the
Return
of
Astronauts
and the
Return
of
Objects Launched into Outer Space
to
give
consideration
to
ratifying
or
acceding
to
those agreements
so
that they
may
have
the
broadest possible
effect;
4.
Reaffirms
its
belief,
as
expressed
in its
resolution 1721
D
(XVI)
of 20
Decem-
ber
1961, that communication
by
means
of
satellites should
be
available
to the
nations
of
the
world
as
soon
as
practicable
on a
global
and
non-discriminatory
basis,
and
recom-
mends
that States parties
to
negotiations regarding international arrangements
in the field
of
satellite communication should constantly bear this principle
in
mind
so
that
its
ultimate
realization
may be
achieved;
5.
Welcomes
the
intensified
efforts
of the
Committee
on the
Peaceful Uses
of
Outer
Space
to
encourage international programmes
to
promote such practical applications
of
space technology
as
earth resources surveying,
for the
benefit
of
both developed
and
develop-
ing
countries,
and
commends
to the
attention
of
Member States, specialized agencies
and
interested United Nations bodies
the new
programmes
and
proposals
to
promote inter-
national benefits from space applications noted
by the
Committee
in its
report, such
as the
organization
of
technical panels,
the
utilization
of
internationally sponsored education
and
training opportunities
in the
practical applications
of
space
technology
and the
conduct
of
experiments
in the
transfer
of
space-generated technology
to
non-space applications;
6.
Takes note
of the
recommendation
of the
Scientific
and
Technical Sub-Committee
of
the
Committee
on the
Peaceful
Uses
of
Outer
Space
that
the
travel
and
subsistence
of
participants
in the
technical panels mentioned
in
paragraph
5
above should
be
funded
by
their
own
Governments,
but
that
the
United Nations
may
give
timely assistance
in
excep-
tional
cases
within
the
existing programmes
of the
United Nations where this appears
necessary both
to
defray costs
and to
stimulate interest
in
special
areas;
7.
Welcomes
the
efforts
of
Member States
to
share with other interested Member
States
the
practical benefits which
may be
derived
from
their programmes
in
space technology,
including
earth resources surveying;
8.
Requests
the
Scientific
and
Technical Sub-Committee,
as
authorized
by the
Committee
on the
Peaceful Uses
of
Outer Space,
to
determine
at its
next session whether,
at
what time
and in
what
specific
frame
of
reference
to
convene
a
working group
on
earth
resources surveying, with special reference
to
satellites,
and in so
doing
to
take into account
the
importance
of
appropriate co-ordination
with
the
Committee
on
Natural Resources,
established under Economic
and
Social Council resolution
1535
(XLIX)
of 27
July 1970;
9.
Welcomes
the
efforts
of
Member States
to
keep
the
Committee
on the
Peaceful
Uses
of
Outer Space
fully
informed
of
their activities
and
invites
all
Member States
to do so;
10.
Notes with appreciation
the
report
of the
Expert
on
Applications
of
Space
Technolo-
gy
concerning
the
promotion
of
space
applications;5
5
See
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Supplement
No. 20
(A/8020), annex
II.
58
11.
Recalls
the
recommendation
6
that Member States give conside ation
to
designating
specific
offices
or
individuals,
within
their Governments,
as a
point
of
contact
for
com-
munications regarding
the
promotion
of the
application
of
space
te(
hnology
and
there-
after
inform
the
Secretary-General
of
such designations,
and
urges
tl
ose
Member States
which
have
not yet
designated
a
point
of
contact
to do so ;
12.
Takes note
of the
report provided
by the
Secretary-Genera
to the
Committee
on the
Peaceful Uses
of
Outer
Space
concerning improved co-ordin
ation
of
Secretariat
activities
in the field of
outer
space;7
13.
Endorses
the
suggestion
of the
Scientific
and
Technical
Sub-Committee
that
the
Secretary-General should bring
to the
attention
of
Member States
all
relevant documents
relating
to
applications
of
space
technology submitted
to the
Sub-Cot
imittee
by
Member
States,
the
United Nations,
the
specialized agencies
and
other bodies;
14.
Approves
the
continuing sponsorship
by the
United
Nations
of the
Thumba
Equatorial Rocket Launching Station
and the
CELPA
Mar del
Plata Station
and
recom-
mends that Member States should give consideration
to the use of
these
facilities
for
appro-
priate
space
research
activities;
15.
Notes that,
in
accordance with General Assembly resolution
1721
B
(XVI)
of
20
December
1961,
the
Secretary-General continues
to
maintain
a
publ
c
registry
of
objects
launched into orbit
or
beyond
on the
basis
of
information
furnished
by
Member
States;
16.
Endorses
the
recommendation
of the
Committee
on the
Peaceful
Uses
of
Outer
Space
that
the
Secretary-General
be
requested
to
issue
an
index
of e
dsting
international
instruments—conventions,
treaties
and
agreements—relating
to or
bearing
upon
broad-
casting satellite services;
17.
Requests
the
specialized agencies
and the
International
Atonic
Energy Agency
to
furnish
the
Committee
on the
Peaceful Uses
of
Outer
Space
with progress
reports
on
their
work
in the field of the
peaceful uses
of
outer
space,
and to
exami
ne and
report
to the
Committee
on the
particular problems which arise
or may
arise
from
tl e use of
outer
space
in
the fields
within
their competence
and
which should
in
their
opinion
be
brought
to the
attention
of the
Committee;
18.
Requests
the
Committee
on the
Peaceful Uses
of
Outer
Srace
to
continue
its
work
as set out in the
present resolution
and in
previous resolutions
of the
General Asse
mbly,
and to
report
to the
Assembly
at its
twenty-sixth
session.
1932nc,
plenary meeting,
h
December
1970.
4.
QUESTION
OF
CHEMICAL
AND
BACTERIOLOGICAL (BIOLOGICAL)
WEAPONS:
REPORT
OF THE
CONFERENCE
OF
TF
E
COMMITTEE
ON
DISARMAMENT (AGENDA
ITEM
28)
Resolution
[2662
(XXV)]
adopted
by the
General
Assembly
2662
(XXV). Question
of
chemical
and
bacteriological (biolog
cal)
weapons
The
General
Assembly,
Mindful
of the
increasing concern
of the
international
communitj
over developments
in
the field of
chemical
and
bacteriological (biological) weapons,
6
Ibid.,
Twenty-fourth
Session,
Supplement
No. 21
(A/7621),
annex
II,
para.
25.
7
Ibid.,
Twenty-fifth
Session,
Supplement
No. 20
(A/8020),
annex
III.
59
Recalling
its
resolutions 2454
A
(XXIII)
of 20
December 1968
and
2603
B
(XXIV)
of 16
December 1969,
Having
considered
the
report
of the
Conference
of the
Committee
on
Disarmament,
8
Noting
the
report
entitled Chemical
and
Bacteriological (Biological)
Weapons
and the
Effects
of
Their
Possible
Use,9
prepared
by the
Secretary-General
in
accordance
with
General
Assembly resolution 2454
A
(XXIII), with
the
assistance
of
consultant experts,
and the
report
of the
World Health Organization's group
of
consultants entitled Health
Aspects
of
Chemical
and
Biological
Weapons,10
Deeply
convinced that
the
prospects
for
international peace
and
security,
as
well
as
the
achievement
of the
goal
of
general
and
complete disarmament under
effective
inter-
national
control,
would
be
enhanced
if the
development, production
and
stockpiling
of
chemical
and
bacteriological
(biological)
agents
for
purposes
of war
were
to end and if
those
agents were eliminated
from
all
military arsenals,
Conscious
of the
need
to
maintain inviolate
the
Protocol
for the
Prohibition
of the
Use in War of
Asphyxiating, Poisonous
or
Other
Gases,
and of
Bacteriological Methods
of
Warfare, signed
at
Geneva
on 17
June
1925,11
and to
ensure
its
universal applicability,
Conscious
of the
urgent need
for all
States that have
not
already done
so to
accede
to the
Geneva
Protocol,
1.
Reaffirms
its
resolution 2162
B
(XXI)
of 5
December 1966
and
calls anew
for the
strict observance
by all
States
of the
principles
and
objectives
of the
Protocol
for the
Pro-
hibition
of the Use in War of
Asphyxiating, Poisonous
or
Other
Gases,
and of
Bacteriolo-
gical Warfare, signed
at
Geneva
on 17
June
1925;
2.
Invites
all
States that have
not
already done
so to
accede
to or
ratify
the
Geneva
Protocol
;
3.
Takes note
of:
(a)
The
revised
draft
Convention
for the
Prohibition
of
Biological Methods
of
War-
fare,
12
submitted
on
18
August
1970
to the
Conference
of the
Committee
on
Disarmament
by
the
United Kingdom
of
Great Britain
and
Northern Ireland;
(b)
The
revised draft Convention
on the
Prohibition
of the
Development, Production
and
Stockpiling
of
Chemical
and
Bacteriological (Biological) Weapons
and on the
Destruc-
tion
of
Such
Weapons,13
submitted
on 23
October 1970
to the
General
Assembly
by
Bulgaria,
the
Byelorussian Soviet Socialist Republic, Czechoslovakia, Hungary, Mongolia,
Poland,
Romania,
the
Ukrainian Soviet Socialist Republic
and the
Union
of
Soviet Socialist
Republics;
(c) The
working papers, expert views
and
suggestions
put
forward
in the
Conference
of
the
Committee
on
Disarmament
and in the
First Committee;
4.
Takes further note
of the
joint memorandum
on the
question
of
chemical
and
bacteriological (biological) methods
of
warfare,14
submitted
on 25
August 1970
to the
Conference
of the
Committee
on
Disarmament
by
Argentina, Brazil, Burma, Ethiopia,
8
Official
Records
of the
Disarmament
Commission,
Supplement
for
1970, document
DC/233.
9
United
Nations
publication,
Sales
No. :
E.69.I.24.
10
World Health
Organization
(Geneva,
1970).
11
League
of
Nations,
Treaty
Series,
vol.
XCIV
(1929),
No.
2138.
12
Official
Records
of the
Disarmament
Commission,
Supplement
for
1970, document DC/233,
annex
C,
document
CCD/255/Rev.2.
13
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Annexes,
agenda
items
27,
28,
29, 30, 31, 93 and 94,
document
A/8136.
14
Official
Records
of the
Disarmament
Commission,
Supplement
for
1970,
document
DC/233,
annex
C,
document
CCD/310.
60
India,
Mexico,
Morocco, Nigeria, Pakistan, Sweden,
the
United
\rab
Republic
and
Yugoslavia
;
5.
Commends
the
following
basic
approach,
contained
in the
joint
memorandum,
for
reaching
an
effective
solution
to the
problem
of
chemical
and
bacter iological (biological)
methods
of
warfare
:
(a)
It is
urgent
and
important
to
reach agreement
on the
probl
;m
of
chemical
and
bacteriological (biological) methods
of
warfare:
(b)
Both chemical
and
bacteriological (biological) weapons
should
continue
to be
dealt with together
in
taking steps towards
the
prohibition
of
their deve
lopment,
production
and
stockpiling
and
their
effective
elimination
from
the
arsenals
of all
States;
(c)
The
issue
of
verification
is
important
in the field of
chemica
and
bacteriological
(biological)
weapons,
and
vérification should
be
based
on a
combination
of
appropriate
national
and
international measures, which would complement
at d
supplement
each
other, thereby providing
an
acceptable system that would ensure
the
effe
;tive
implementation
of
the
prohibition;
6.
Requests
the
Conference
of the
Committee
on
Disarmament
to
continue
its
con-
sideration
of the
problem
of
chemical
and
bacteriological (biological) methods
of
warfare,
with
a
view
to
prohibiting urgently
the
development, production
and
stockpiling
of
those
weapons
and to
their elimination
from
the
arsenals
of all
States;
7.
Requests
the
Conference
of the
Committee
on
Disarmamen
; to
submit
a
report
on the
results achieved
to the
General Assembly
at its
twenty-sixth
:,ession;
8.
Requests
the
Secretary-General
to
transmit
to the
Conference
of the
Committee
on
Disarmament
all
documents
and
records
of the
First Committee relating
to
questions
connected with
the
problem
of
chemical
and
bacteriological
(biological
methods
of
warfare.
1919ti
plenary
meeting,
7
December 1970.
5.
URGENT
NEED
FOR
SUSPENSION
OF
NUCLEAR
AND
THERMO-
NUCLEAR
TESTS:
REPORT
OF THE
CONFERENCE
OF THE
COM-
MITTEE
ON
DISARMAMENT (AGENDA ITEM
29)
Resolution [2663
B
(XXV)]
adopted
by the
General
Assembly
2663 (XXV). Urgent need
for
suspension
of
nuclear
and
thermonuclear tests
B
The
General
Assembly,
Having
considered
the
question
of the
urgent need
for
suspension
of
nuclear
and
ther-
monuclear
tests
and the
report
of the
Conference
of the
Committee
on
Disarmament,15
Recalling
its
resolutions 1762 (XVII)
of 6
November 1962, 1910 (XVIII)
of 27
Novem-
ber
1963, 2032 (XX)
of 3
December 1965, 2163 (XXI)
of 5
Decembt
r
1966, 2343 (XXII)
of 19
December 1967, 2455 (XXIII)
of 20
December 1968
and
2604
B
(XXIV)
of 16 De-
cember 1969,
15
Official
Records
of the
Disarmament Commission, Supplement
for
1970,
locument
DC/233.
61
Noting
with
regret that
all
States have
not yet
adhered
to the
Treaty Banning Nuclear
Weapon
Tests
in the
Atmosphere,
in
Outer
Space
and
under Water, signed
in
Moscow
on
5
August
1963,16
Noting
with
increasing concern that nuclear weapon tests
in the
atmosphere
and
under-
ground
are
continuing,
Taking
into account that several concrete suggestions have been
set
forth
in the
Con-
ference
of the
Committee
on
Disarmament
as to
possible provisions
in a
treaty banning
underground nuclear weapon tests,
1.
Urges
all
States that have
not yet
done
so to
adhere without
further
delay
to the
Treaty Banning
Nuclear
Weapon Tests
in the
Atmosphere,
in
Outer Space
and
under
Water;
2.
Calls
upon
all
nuclear-weapon States
to
suspend nuclear weapon tests
in all
environments
;
3.
Requests
the
Conference
of the
Committee
on
Disarmament
to
continue,
as a
matter
of
urgency,
its
deliberations
on a
treaty banning underground nuclear weapon tests,
taking
into account
the
proposals already made
in the
Conference
as
well
as the
views
expressed
at the
current session
of the
General Assembly,
and to
submit
to the
Assembly
at its
twenty-sixth session
a
special report
on the
results
of its
deliberations.
1919th
plenary meeting,
7
December
1970.
6.
CONSIDERATION
OF
MEASURES
FOR THE
STRENGTHENING
OF
INTERNATIONAL SECURITY: REPORT
OF THE
SECRETARY-
GENERAL (AGENDA ITEM
32)
Resolution
[2734
(XXV)]
adopted
by the
General
Assembly
2734
(XXV). Declaration
on the
Strengthening
of
International Security
The
General Assembly,
Recalling
the
determination
of the
peoples
of the
United Nations,
as
proclaimed
by
the
Charter,
to
save succeeding generations from
the
scourge
of
war,
and to
this
end to
live
together
in
peace with
one
another
as
good neighbours
and to
unite their strength
to
maintain
international peace
and
security,
Considering
that
in
order
to
fulfil
the
purposes
and
principles
of the
United Nations
Member States must strictly abide
by all
provisions
of the
Charter,
Recalling
its
resolution 2606 (XXIV)
of 16
December
1969
in
which
the
General
Assembly,
inter alia, expressed
the
desire that
the
twenty-fifth
year
of the
Organization's
existence
should
be
marked
by new
initiatives
to
promote peace, security, disarmament
and
economic
and
social progress
for all
mankind
and the
conviction
of the
urgent need
to
make
the
United Nations more
effective
as an
instrument
for
maintaining international
peace
and
security,
Mindful
of the
observations, proposals
and
suggestions advanced during
the
debate
at the
twenty-fourth session
of the
General Assembly
or
presented subsequently
by
Govern-
ments
of
Member States concerning
the
attainment
of
this objective,
and of the
report
16
United
Nations,
Treaty Series,
vol. 480,
p. 43.
62
submitted
by the
Secretary-General
in
conformity with paragraph
5
îf
resolution 2606
(XXIV),17
Having
in
mind
the
Declaration
on
Principles
of
International
Law c
mcerning
Friendly
Relations
and
Co-operation
among States
in
accordance with
the
Charter
of the
United
Nations, adopted unanimously
at the
current
session,18
Conscious
of its
duty
to
examine
in
depth
the
present internation;
.1
situation
and to
study
the
means
and
recourses provided
by the
relevant provisions
of
tt
e
Charter
in
order
to
build
peace,
security
and
co-operation
in the
world,
1.
Solemnly
reaffirms
the
universal
and
unconditional
validity
of the
purposes
and
principles
of the
Charter
of the
United Nations
as the
basis
of
relat
ons
among
States
irrespective
of
their size, geographical location,
level
of
development
or
îolitical,
economic
and
social systems
and
declares that
the
breach
of
these principles
car not be
justified
in
any
circumstances whatsoever;
2.
Calls
upon
all
States
to
adhere
strictly
in
their
international
re
ations
to the
pur-
poses
and
principles
of the
Charter, including
the
principle that States
s
iall
refrain
in
their
international relations from
the
threat
or use of
force against
the
territorial
integrity
or
political
independence
of any
State
or in any
other manner inconsistent with
the
purposes
of
the
United Nations;
the
principle that States shall settle their intern; tional disputes
by
peaceful
means
in
such
a
manner that international peace
and
security
,
ind
justice
are not
endangered;
the
duty
not to
intervene
in
matters
within
the
domestic
.urisdiction
of any
State,
in
accordance with
the
Charter;
the
duty
of
States
to
co-operate with
one
another
in
accordance
with
the
Charter;
the
principle
of
equal
rights
and
sel'-determination
of
peoples;
the
principle
of
sovereign equality
of
States;
and the
principb
that States shall
fulfil
in
good
faith
the
obligations assumed
by
them
in
accordance
with
the
Charter;
3.
Solemnly
reaffirms
that,
in the
event
of a
conflict between
the
obligations
of the
Members
of the
United Nations under
the
Charter
and
their obligatior
s
under
any
other
international
agreement, their obligations under
the
Charter shall preva
1 ;
4.
Solemnly
reaffirms
that States must
fully
respect
the
sovereigrty
of
other
States
and the
right
of
peoples
to
determine their
own
destinies,
free
of
external
intervention,
coercion
or
constraint, especially
involving
the
threat
or use of
force,
o>
ert or
covert,
and
refrain
from
any
attempt
aimed
at the
partial
or
total
disruption
of the
lational
unity
and
territorial integrity
of any
other State
or
country;
5.
Solemnly
reaffirms
that every State
has the
duty
to
refrain
from
the
threat
or use
of
force against
the
territorial integrity
and
political independence
oi any
other State,
and
that
the
territory
of a
State
shall
not be the
object
of
military
oc:upation
resulting
from
the use of
force
in
contravention
of the
provisions
of the
Charter that
the
territory
of
a
State shall
not be the
object
of
acquisition
by
another State
resultii
ig
from
the
threat
or use of
force, that
no
territorial acquisition resulting
from
the
threat
01
use of
force shall
be
recognized
as
legal
and
that every State
has the
duty
to
refrain
from
orga
nizing,
instigating,
assisting
or
participating
in
acts
of
civil
strife
or
terrorist acts
in
another State;
6.
Urges
Member States
to
make
full
use and
seek improved
imp
ementation
of the
means
and
methods provided
for in the
Charter
for the
exclusively
peaceful
settlement
of
any
dispute
or any
situation,
the
continuance
of
which
is
likely
to
endang
r the
maintenance
of
international peace
and
security, including negotiation, inquiry,
medi;
tion, conciliation,
arbitration, judicial settlement,
resort
to
regional agencies
or
arrangen
ents,
good
offices
including
those
of the
Secretary-General,
or
other peaceful means
of
their
own
choice,
17
A/7922
and
Add.
1-6.
18
Resolution
2625
(XXV),
reproduced
in
this
Yearbook,
p.
104.
63
it
being understood that
the
Security Council
in
dealing with such disputes
or
situations
should
also
take
into
consideration
that
legal
disputes
should
as a
general rule
be
referred
by
the
parties
to the
International Court
of
Justice
in
accordance with
the
provisions
of
the
Statute
of the
Court;
7.
Urges
all
Member States
to
respond
to the
immediate need
to
agree
on
guidelines
for
more
effective
peace-keeping operations
in
accordance with
the
Charter, which could
increase
the
effectiveness
of the
United
Nations
in
dealing with situations endangering
international
peace
and
security,
and
consequently
to
support
the
efforts
of the
Special
Committee
on
Peace-keeping Operations
to
reach agreement
on all
questions relating
to
such operations,
as
well
as on
provisions
for
their appropriate
and
equitable
financing;
8.
Recognizes
the
need
for
effective,
dynamic
and flexible
measures,
in
accordance
with
the
Charter,
to
prevent
and
remove threats
to the
peace,
suppress
acts
of
aggression
or
other breaches
of the
peace,
and in
particular
for
measures
to
build, maintain
and
restore
international
peace
and
security;
9.
Recommends that
the
Security Council take steps
to
facilitate
the
conclusion
of
the
agreements envisaged
in
Article
43 of the
Charter
in
order
fully
to
develop
its
capacity
for
enforcement action
as
provided
for
under
Chapter
VII of the
Charter;
10.
Recommends that
the
Security Council consider,
in
conformity with Article
29
of
the
Charter, whenever
appropriate
and
necessary,
the
desirability
of
establishing sub-
sidiary
organs,
on an ad hoc
basis,
and
with
the
participation
of the
parties concerned,
when
conditions
so
warrant,
to
assist
the
Council
in the
performance
of its
functions
as
defined
in the
Charter;
11.
Recommends that
all
States contribute
to the
efforts
to
ensure peace
and
security
for
all
nations
and to
establish,
in
accordance
with
the
Charter,
an
effective
system
of
universal
collective security without military alliances;
12.
Invites Member States
to do
their utmost
to
enhance
by all
possible means
the
authority
and
effectiveness
of the
Security Council
and of its
decisions;
13.
Calls
upon
the
Security Council, including
the
permanent members,
to
intensify
efforts
to
discharge,
in
conformity with
the
Charter,
its
primary responsibility
for the
maintenance
of
international
peace
and
security;
14.
Recommends that Member States support
the
efforts
of the
Special Committee
on the
Question
of
Defining
Aggression
to
bring
its
work
to a
successful conclusion, thus
achieving
the
definition
of
aggression
as
soon
as
possible;
15.
Reaffirms
its
competence under
the
Charter
to
discuss
and
recommend measures
for
the
peaceful adjustment
of any
situation which
it
deems likely
to
impair
the
general
welfare
or
friendly
relations among States, including situations resulting from
a
violation
of the
provisions
of the
Charter setting
forth
the
purposes
and
principles
of the
United
Nations;
16.
Urges
all
Member States
to
implement
the
decisions
of the
Security Council
in
accordance with their obligations under Article
25 of the
Charter
and to
respect,
as
provided
for
in the
Charter,
the
resolutions
of
United Nations organs responsible
for the
maintenance
of
international peace
and
security
and the
peaceful settlement
of
disputes
;
17.
Urges
Member States
to
reaffirm
their
will
to
respect
fully
their obligations under
international
law in
accordance with
the
relevant provisions
of the
Charter
and to
continue
and
intensify
the
efforts
towards
the
progressive development
and
codification
of
inter-
national law;
18.
Calls
upon
all
States
to
desist from
any
forcible
or
other action which deprives
peoples,
in
particular those
still
under colonial
or any
other form
of
external domination,
64
of
their inalienable right
to
self-determination, freedom
and
independî
nce and to
refrain
from
military
and
repressive measures aimed
at
preventing
the
attainme
it
of
independence
by
all
dependent peoples
in
accordance with
the
Charter
and in
furtheran
ce of the
objectives
of
General
Assembly resolution 1514 (XV)
of 14
December 1960,
and
under
assistance
to
the
United Nations and,
in
accordance with
the
Charter,
to the
oppress
ed
peoples
in
their
legitimate struggle
in
order
to
bring about
the
speedy elimination
of
'olonialism
or any
other form
of
external domination
;
19.
Affirms
its
belief that there
is a
close connexion between
the
stn
ngthening
of
inter-
national security, disarmament
and the
economic
development
of cou
itries,
so
that
any
progress made towards
any of
these objectives
will
constitute progress
tc
wards
all of
them
;
20.
Urges
all
States, particularly
the
nuclear-weapon States,
to
make urgent
and
concerted
efforts
within
the
framework
of the
Disarmament
Decade
ind
through
other
means
for the
cessation
and
reversal
of the
nuclear
and
conventional
ar ns
race
at an
early
date,
the
elimination
of
nuclear weapons
and
other weapons
of
mass
c
estruction
and the
conclusion
of a
treaty
on
general
and
complete disarmament under
effi
;ctive
international
control,
as
well
as to
ensure that
the
benefits
of the
technology
of the pea
:eful
use of
nuclear
energy shall
be
available
to all
States,
to the
maximum extent
possible,
without discrimi-
nation
;
21.
Emphatically reiterates
the
need
to
undertake,
within
the
framework
of the
Second
United Nations Development Decade, urgent
and
concerted internat
onal
action based
on a
global strategy aimed
at
reducing
and
eliminating
as
soon
as
possible
the
economic
gap
between developed
and
developing countries, which
is
closely
and es
îentially
correlated
to the
strengthening
of the
security
of all
nations
and the
establishme
it
of
lasting inter-
national
peace;
22.
Solemnly
reaffirms
that universal respect
for and
full
exercis
; of
human rights
and
fundamental freedoms
and the
elimination
of the
violation
of
thos
; rights are
urgent
and
essential
to the
strengthening
of
international security,
and
hence
re
solutely condemns
all
forms
of
oppression, tyranny
and
discrimination, particularly raci:
m and
racial dis-
crimination,
wherever they occur;
23.
Resolutely condemns
the
criminal policy
of
apartheid
of the Go
/ernment
of
South
Africa
and
reaffirms
the
legitimacy
of the
struggle
of the
oppressed
peo
:>les
to
attain their
human rights
and
fundamental freedoms
and
self-determination;
24.
Expresses
its
conviction that
the
achievement
of
universality
of
tl
ic
United Nations,
in
accordance with
the
Charter, would increase
its
effectiveness
in
strength
îning
international
peace
and
security;
25.
Considers that
the
promotion
of
international co-operation,
including
regional,
subregional
and
bilateral co-operation among States,
in
keeping
with
th ;
provisions
of the
Charter
and
based
on the
principle
of
equal rights
and on
strict respect
or the
sovereignty
and
independence
of
States,
can
contribute
to the
strengthening
of
inte
'national
security
;
26.
Welcomes
the
decision
of the
Security
Council19
to
hold
pe
-iodic
meetings
in
accordance
with
Article
28,
paragraph
2, of the
Charter
and
expresses
t
ic
hope that these
meetings
will
make
an
important contribution
to the
strengthening
of
into
rnational security;
27.
Emphasizes
the
need
for the
United
Nations
to
exert
continuous
efforts
for the
strengthening
of
international peace
and
security
and
requests
the
Secretary-General
to
submit
a
report
to the
General Assembly
at its
twenty-sixth session
on
:
teps taken
in
pur-
suance
of the
present Declaration.
m2nd
lkmry
Beting,
16
December 1970.
19
See
Official
Records
of the
Security
Council,
Twenty-fifth
Year,
1544th
n
eeting.
65
7.
RESPECT
FOR
HUMAN
RIGHTS
IN
ARMED CONFLICTS
:
REPORT
OF
THE
SECRETARY-GENERAL (AGENDA ITEM
47)
Resolutions [2673 (XXV), 2674 (XXV), 2675 (XXV), 2676 (XXV)
and
2677
(XXV)]
adopted
by the
General
Assembly
2673
(XXV).
Protection
of
journalists
engaged
in
dangerous
missions
in
areas
of
armed conflict
The
General
Assembly,
Recalling
its
resolution 2444 (XXIII)
of 19
December
1968,
in
which
it
invited
the
Secretary-General,
in
consultation with
the
International Committee
of the Red
Cross
and
other appropriate international organizations,
to
study:
(a)
Steps which could
be
taken
to
secure
the
better application
of
existing humanitarian
international conventions
and
rules
in all
armed conflicts,
(b)
The
need
for
additional humanitarian international conventions
or for
other
appropriate legal instruments
to
ensure
the
better protection
of
civilians, prisoners
and
combatants
in all
armed
conflicts,
Recalling
also
the
fundamental principle
that
a
distinction must
be
made
at all
times
between combatants
and
persons
not
taking part
in the
hostilities,
Considering
that
it is
essential
for the
United Nations
to
obtain complete information
concerning armed
conflicts
and
that journalists, whatever their nationality, have
an
impor-
tant role
to
play
in
that regard,
Noting
with regret that journalists engaged
in
missions
in
areas
where
an
armed conflict
is
taking place sometimes
suffer
as a
result
of
their professional duty, which
is to
inform
world
public opinion objectively,
Bearing
in
mind
the
appeal made
by the
Secretary-General
on 30
September 1970
on
behalf
of
missing journalists,
Recognizing
that certain types
of
protection
can be
granted
to
journalists
under:
(a)
Article
4 of the
Geneva Convention relative
to the
Treatment
of
Prisoners
of
War,
of
12
August
1949,20
(b)
Article
13 of the
Geneva Convention
for the
Amelioration
of the
Condition
of
the
Wounded
and
Sick
in
Armed
Forces
in the
Field,
of
12
August
1949,21
(c)
Article
13
of the
Geneva Convention
for the
Amelioration
of the
Condition
of
Wounded, Sick
and
Shipwrecked Members
of
Armed
Forces
at
Sea,
of 12
August
1949,22
(d)
Article
4 of the
Geneva Convention relative
to the
Protection
of
Civilian Persons
in
Time
of
War,
of
12
August
1949,23
Being
aware,
however, that these provisions
do not
cover some categories
of
journalists
engaged
in
dangerous
missions
and do not
correspond
to
their
present
needs,
Convinced
of the
need
for an
additional humanitarian international instrument
to
ensure
the
better protection
of
journalists engaged
in
dangerous missions, particularly
in
areas
where
an
armed
conflict
is
taking place,
20
United Nations,
Treaty
Series, vol.
75, p.
135.
21
Ibid.,
p. 31.
22
Ibid.,
p. 85.
23
Ibid.,
p.
287.
66
1.
Expresses
its
grave concern
about
the
fate
of
press
correspor
dents
carrying
out
dangerous missions;
2.
Expresses
its
deepest
regret that some
of
those
correspondents
have paid with
their
lives
for
their conscientious approach
to
their missions;
3.
Invites
all
States
and all
authorities parties
to an
armed
con
lict
to
respect
and
apply
in all
circumstances
the
provisions
of the
Geneva Conventions
of 12
August 1949
in
so far as
they
are
applicable,
in
particular,
to war
correspondents
who
accompany armed
forces
but are not
actually
a
part
of
them
;
4.
Invites
the
Economic
and
Social Council
to
request
the Com
nission
on
Human
Rights
to
consider
at its
twenty-seventh session
the
possibility
of
prep
iring
a
draft
inter-
national agreement ensuring
the
protection
of
journalists engaged
in
i
langerous missions
and
providing, inter alia,
for the
creation
of a
universally recognized
anc
guaranteed identi-
fication
document;
5.
Invites
the
Commission
on
Human Rights
to
consider this
qi
estion
as a
matter
of
priority
at its
twenty-seventh session
in
order
that
a
draft internatio
lal
agreement
may
be
adopted
as
soon
as
possible
by the
General
Assembly
or by
some other appropriate
international
body;
6.
Requests
the
Secretary-General,
in
consultation with
the
Interr ational Committee
of
the Red
Cross
and
other
appropriate international organizations,
o
submit
a
report
on
this question
to the
General Assembly
at its
twenty-sixth session;
7.
Decides
to
give
the
highest priority
to the
consideration
of his
question
at its
twenty-sixth
session.
1922nd
plenary meeting,
9
December
1970.
2674 (XXV). Respect
for
human
rights
in
armed
conflicts
The
General
Assembly,
Recalling
its
resolutions 2444 (XXIII)
of 19
December
1968
an.
I
2597 (XXIV)
of
16
December
1969
and
noting resolution XXIII adopted
by the
Intern
itional
Conference
on
Human Rights held
at
Teheran
in
1968,24
Referring
to
resolution
XIII
and to the
other pertinent resolution;
on
human rights
in armed
conflicts
adopted
by the
twenty-first
International
Conferenct
of the Red
Cross
held
at
Istanbul
in
1969,25
Expressing
its
deep
concern
in
connexion with
the
fact that wars
uni
sashed
in
violation
of
the
Charter
of the
United Nations
in
several parts
of the
world
ld
to
incalculable
disasters
and
suffering
among civilians,
Having
considered with
appreciation
the
Secretary-General's report
or
respect
for
human
rights
in
armed
conflicts,26
1.
Solemnly
reaffirms
that,
in
order
effectively
to
guarantee
hum;
n
rights,
all
States
should devote their
efforts
to
averting
the
unleashing
of
aggressive wars
; .nd
armed conflicts
that violate
the
Charter
of the
United Nations
and the
provisions
of
i
he
Declaration
on
24
Final
Act of the
International
Conference
on
Human Rights (United
Nations
publication,
Sales
No.:
E.68.XIV.2),
p. 18.
26
See
A/1120,
annex
I,
section
D.
26
A/8052.
67
Principles
of
International
Law
concerning Friendly Relations
and
Co-operation among
States
in
accordance
with
the
Charter
of the
United
Nations;27
2.
Condemns
the
actions
of
countries which,
in flagrant
violation
of the
Charter,
continue
to
conduct aggressive wars
and
defy
the
generally accepted principles
of the
Geneva
Protocol
of
1925
28
and the
Geneva Conventions
of
1949;29
3.
Considers
that
the
principles
of the
Geneva
Protocol
of
1925
and the
Geneva
Conventions
of
1949 should
be
strictly observed
by all
States
and
that States violating
these international instruments should
be
condemned
and
held responsible
to the
world
community
;
4.
Affirms
that
the
participants
in
resistance movements
and the
freedom fighters
in
southern
Africa
and
territories under colonial
and
alien domination
and
foreign occupa-
tion,
struggling
for
their liberation
and
self-determination, should
be
treated,
in
case
of
their
arrest,
as
prisoners
of war in
accordance
with
the
principles
of the
Hague Convention
of
190730
and the
Geneva Conventions
of
1949;
5.
Considers
that
air
bombardments
of
civilian populations
and the use of
asphyxiat-
ing, poisonous
or
other
gases
and of all
analogous
liquids, materials
and
devices,
as
•well
as
bacteriological (biological) weapons, constitute
a flagrant
violation
of the
Hague Conven-
tion
of
1907,
the
Geneva Protocol
of
1925
and the
Geneva Conventions
of
1949;
6.
Recognizes
the
necessity
of
developing additional international instruments provid-
ing
for the
protection
of
civilian populations
and
freedom
fighters
against colonial
and
foreign
domination
as
well
as
against racist régimes.
1922nd
plenary
meeting,
9
December 1970.
2675
(XXV). Basic principles
for the
protection
of
civilian
populations
in
armed
conflicts
The
General
Assembly,
Noting
that
in the
present century
the
international community
has
accepted
an
increased
role
and new
responsibilities
for the
alleviation
of
human
suffering
in any
form
and in
parti-
cular during armed conflicts,
Recalling
that
to
this
end a
series
of
international instruments
has
been adopted,
including
the
four
Geneva
Conventions
of
1949,31
Recalling
further
its
resolution 2444 (XXIII)
of
19
December
1968
on
respect
for
human
rights
in
armed conflicts,
Bearing
in
mind
the
need
for
measures
to
ensure
the
better protection
of
human rights
in
armed
conflicts
of all
types,
Noting
with
appreciation
the
work that
is
being undertaken
in
this respect
by the
Inter-
national Committee
of the Red
Cross,
Noting
with
appreciation
the
reports
of the
Secretary-General
on
respect
for
human
rights
in
armed
conflicts,32
27
Resolution
2625
(XXV),
reproduced
in
this
Yearbook,
p.
104.
28
League
of
Nations,
Treaty
Series,
vol.
XCIV,
p. 65.
29
United
Nations,
Treaty
Series,
vol.
75.
30
Carnegie
Endowment
for
International
Peace,
The
Hague
Conventions
and
Declarations
of
1899
and
1907
(New
York,
Oxford
University
Press,
1915).
31
United
Nations,
Treaty
Series,
vol.
75.
32
A/7720
and
A/8052.
68
Convinced
that civilian populations
are in
special need
of
increased protection
in
time
of
armed conflicts,
Recognizing
the
importance
of the
strict application
of the
Geneva
(
Convention
relative
to the
Protection
of
Civilian
Persons
in
Time
of
War,
of 12
August
194!',33
Affirms
the
following basic principles
for the
protection
of
civilian
populations
in
armed
conflicts, without prejudice
to
their future
elaboration
within
the
framev
rork
of
progressive
development
of the
international
law of
armed
conflict
:
1.
Fundamental human rights,
as
accepted
in
international
law and
laid down
in
international
instruments, continue
to
apply
fully
in
situations
of
armed
:onflict.
2. In the
conduct
of
military operations during armed
conflicts,
a
listinction
must
be
made
at all
times between persons actively taking part
in the
hostilities
a
id
civilian popula-
tions.
3.
In the
conduct
of
military
operations, every
effort
should
be ma
ie
to
spare
civilian
populations from
the
ravages
of
war,
and all
necessary precautions
shoul
I
be
taken
to
avoid
injury,
loss
or
damage
to
civilian populations.
4.
Civilian
populations
as
such should
not be the
object
of
military
operations.
5.
Dwellings
and
other installations that
are
used only
by
civilian
]
>opulations
should
not be the
object
of
military operations.
6.
Places
or
areas designated
for the
sole protection
of
civilians,
such
as
hospital
zones
or
similar refuges, should
not be the
object
of
military operations.
7.
Civilian populations,
or
individual members thereof, should
n
>t
be the
object
of
reprisals, forcible transfers
or
other assaults
on
their integrity.
8. The
provision
of
international relief
to
civilian
populations
is
in
conformity with
the
humanitarian principles
of the
Charter
of the
United
Nations,
the Un
versai
Declaration
of
Human Rights
and
other international instruments
in the field of
h
iman
rights.
The
Declaration
of
Principles
for
International Humanitarian Relief
to the (
Civilian
Population
in
Disaster
Situations,
as
laid down
in
resolution XXVI adopted
by the
twenty-first
Inter-
national Conference
of the Red
Cross,34
shall apply
in
situations
of
arm;d
conflict,
and all
parties
to a
conflict
should make every
effort
to
facilitate
this
applicatioi
u
1922nd
j
denary
meeting,
9
December
1970.
2676
(XXV).
Respect
for
human rights
in
armed
confli:ts
The
General
Assembly,
Recalling
that
the
Preamble
of the
Charter
of the
United Nations
£
ffirms
faith
in the
dignity
and
worth
of the
human person,
Recalling
that
the
United
Nations
has as one of its
purposes
the
act
ievement
of
inter-
national
co-operation
in
solving international problems
of a
humanitai
ian
character
and
the
promotion
of
respect
for
human rights,
Reiterating
the
obligation
of
Member States
for the
urgent termin; tion
of all
armed
aggression,
as
envisaged
in
Articles
1 and 2 of the
Charter
and in
other
relevant
documents
of
the
United Nations,
Noting
the
obligation
of
Member States under
the
Charter
to
promote
universal
respect for,
and
observance
of,
human rights,
33
United Nations, Treaty
Series,
vol.
75, p.
287.
34
International Review
of the Red
Cross,
No. 104
(November 1969),
p. 63
!.
69
Recalling
its
resolutions 2444 (XXIII)
of 19
December 1968
and
2597 (XXIV)
of 16
December 1969,
in
which
it
invited
the
Secretary-General,
in
consultation with
the
Inter-
national Committee
of the Red
Cross,
to
study, inter
alia:
(a)
Steps which could
be
taken
to
secure
the
better application
of
existing
humanitarian
international
conventions
and
rules
in all
armed
conflicts,
(b)
The
need
for
additional humanitarian international
conventions
or for
other
appropriate legal instruments
to
ensure
the
better protection
of
civilians,
prisoners
and
combatants
in all
armed
conflicts,
Believing,
therefore, that
the
treatment accorded
to
victims
of war and
armed aggression
is
a
concern
of the
United Nations,
Noting
resolution
XI,
adopted
by the
twenty-first
International Conference
of the Red
Cross held
at
Istanbul
in
1969,35
calling upon
all
parties
to the
Geneva Convention relative
to the
Treatment
of
Prisoners
of
War,
of 12
August
1949,36
to
ensure that
all
persons
entitled
to
prisoner-of-war status
are
treated humanely
and
given
the
fullest
measure
of
protection prescribed
by the
Convention,
and
that
all
parties involved
in an
armed
conflict,
no
matter
how it is
characterized, provide
free
access
to
prisoners
of war and to all
places
of
their detention
by a
protecting Power
or by the
International Committee
of the Red
Cross,
Considering
that
the
direct repatriation
of
seriously wounded
and
seriously sick prisoners
of
war and the
repatriation
or
internment
in a
neutral country
of
prisoners
of war who
have
undergone
a
long period
of
captivity constitute important aspects
of
human rights
as
advanc-
ed and
preserved under
the
Geneva Convention
of
1949
and the
Charter
of the
United
Nations,
1.
Calls
upon
all
parties
to any
armed
conflict
to
comply with
the
terms
and
provisions
of
the
Geneva Convention relative
to the
Treatment
of
Prisoners
of
War,
of 12
August
1949,
so as to
ensure
the
humane treatment
of all
persons entitled
to the
protection
of the
Conven-
tion and, inter alia,
to
permit regular inspection,
in
accordance with
the
Convention,
of all
places
of
detention
of
prisoners
of war by a
protecting Power
or
humanitarian organization
such
as the
International Committee
of the Red
Cross;
2.
Endorses
the
continuing
efforts
of the
International Committee
of the Red
Cross
to
secure
the
effective
application
of the
Geneva Convention
of
1949;
3.
Requests
the
Secretary-General
to
exert
all
efforts
to
obtain humane treatment
for
prisoners
of
war, especially
for the
victims
of
armed aggression
and
colonial suppression;
4.
Urges
compliance with article
109
of the
Geneva Convention
of
1949,
which requires
the
repatriation
of
seriously wounded
and
seriously sick
prisoners
of war and
which
provides
for
agreements
with
a
view
to the
direct repatriation
or
internment
in a
neutral country
of
able-bodied prisoners
of war who
have undergone
a
long period
of
captivity;
5.
Urges
that
combatants
in all
armed
conflicts
not
covered
by
article
4 of the
Geneva
Convention
of
1949
be
accorded
the
same humane treatment defined
by the
principles
of
international
law
applied
to
prisoners
of
war;
6.
Urges
strict
compliance with
the
provisions
of the
existing
international
instruments
concerning human rights
in
armed conflicts,
and
urges those
States
which have
not yet
done
so to
ratify
or
accede
to the
relevant instruments
in
order
to
facilitate
in all
aspects
the
protection
of the
victims
of
armed conflicts.
1922nd
plenary meeting,
9
December 1970.
35
International
Review
of the Red
Cross,
No. 104
(November
1969),
p.
614.
36
United Nations, Treaty Series, vol.
75, p.
135.
70
2677 (XXV). Respect
for
human
rights
in
armed
conllicts
The
General Assembly,
Determined
to
continue
all
efforts
to
eliminate
the
threat
or use of
f
>rce
in
international
relations,
in
conformity with
the
Charter
of the
United
Nations,
and to
bring
about
general
and
complete disarmament under
effective
international control,
Reaffirming
its
desire
to
secure
the
full
observance
of
human
rigl
ts
applicable
in all
armed
conflicts
pending
the
earliest possible termination
of
such
conflici
s,
Convinced
of the
continuing value
of
existing humanitarian
rule;
relating
to
armed
conflicts,
in
particular
the
Hague Conventions
of
1899
and
1907,37
the
Geneva
Protocol
of
192538
and the
Geneva Conventions
of
1949,39
Realizing, however, that because existing humanitarian rules
do
nDt
adequately meet
all
contemporary situations
of
armed
conflict
it is
necessary
to
devek
p the
substance
of
these rules
and
procedures
for
their implementation,
Reaffirming
the
principles contained
in
resolution XXIII adopted
ly
the
International
Conference
on
Human Rights held
at
Teheran
in
1968,40
and in
Gêner
il
Assembly resolu-
tions
2444 (XXIII)
of 19
December 1968
and
2597 (XXIV)
of 16
December
1969,
Aware
of the
importance
and
complexity
of the
tasks undertaken
in
pursuance
of
these
resolutions,
which require
the
continuing attention
and
concern
of the 1
Jnited Nations,
the
International Committee
of the Red
Cross
and the
international community
as a
whole,
Noting
with
appreciation
the two
reports
of the
Secretary-General
or
respect
for
human
rights
in
armed
conflicts,41
Recalling
resolution XIII adopted unanimously
by the
twenty-first
International
Conference
of the Red
Cross
held
at
Istanbul
in
1969,42
concerning
th
î
reaffirmation
and
development
of the
laws
and
customs applicable
in
armed
conflicts,
Welcoming
the
decision
of the
International Committee
of the
Rei
i
Cross
to
convene
at
Geneva, from
24 May to 12
June
1971,
a
conference
on the
reaffirmatic
n and
development
of
international humanitarian
law
applicable
to
armed conflicts,
to be a
:tended
by
govern-
ment experts,
Believing
that
one or
more plenipotentiary diplomatic conferences
>f
States parties
to
the
Geneva Conventions
and
other interested States might
be
convenec
at an
appropriate
time,
after
due
preparation,
in
order
to
adopt
international legal instrum
snts
for the
reaffir-
mation
and
development
of
humanitarian
law
applicable
to
armed
confli*
ts,
Considering
that
the
effective
implementation
of
humanitarian
rule;
relating
to
armed
conflicts
can
best
be
attained
if
those rules
are
laid down
in
widely
ac
epted
agreements,
Emphasizing
the
importance
of
continued close collaboration
between
the
United
Nations
and the
International Committee
of the Red
Cross,
1.
Calls
upon
all
parties
to any
armed
conflict
to
observe
the
rule
5
laid down
in the
Hague Conventions
of
1899
and
1907,
the
Geneva
Protocol
of
1925,
th î
Geneva Conven-
37
Carnegie
Endowment
for
International
Peace,
The
Hague
Conventions
and
Declarations
of
1899
and
1907
(New
York,
Oxford
University
Press,
1915).
38
League
of
Nations,
Treaty
Series,
vol.
XCIV,
p. 65.
39
United
Nations,
Treaty
Series,
vol.
75.
40
Final
Act of the
International
Conference
on
Human
Rights
(United
I
lations
publication,
Sales
No. :
E.68.XIV.2),
p. 18.
41
A/7720
and
A/8052.
42
See
A/7720,
annex
I,
section
D.
71
lions
of
1949
and
other humanitarian rules applicable
in
armed conflicts,
and
invites those
States which have
not yet
done
so to
adhere
to
those
instruments;
2.
Expresses
the
hope
that
the
conference
of
government experts
to be
convened
in
1971
by the
International Committee
of the Red
Cross will consider
further
what develop-
ment
is
required
in
existing humanitarian laws applicable
to
armed
conflicts,
and
that
it
will make specific recommendations
in
this
respect
for
consideration
by
Governments;
3.
Requests
the
Secretary-General:
(a)
To
invite early comments
by
Governments
on his
reports
;
(b)
To
transmit
his
reports
and the
comments
of
Governments thereon, together
with
the
records
of
relevant discussions
and
resolutions
of the
General Assembly,
the
Economic
and
Social Council
and the
Commission
on
Human Rights,
to the
International Committee
of
the Red
Cross
for
consideration,
as
appropriate,
by the
conference
of
government experts;
(c)
To
present
the
comments received
to the
General Assembly
at its
twenty-sixth
session
and to
report
at
that session
on the
results
of the
conference
of
government experts
to be
convened
by the
International Committee
of the Red
Cross
and on any
other relevant
developments
;
4.
Decides
to
consider this question again,
in all its
aspects,
at the
twenty-sixth session.
1922nd
plenary meeting,
9
December 1970.
8.
QUESTION
OF THE
PUNISHMENT
OF WAR
CRIMINALS
AND OF
PERSONS
WHO
HAVE
COMMITTED
CRIMES
AGAINST
HUMANITY:
REPORT
OF THE
SECRETARY-GENERAL
(AGENDA
ITEM
50)
Resolution [2712
(XXV)]
adopted
by the
General
Assembly
2712
(XXV).
Question
of the
punishment
of war
criminals
and of
persons
who
have
committed
crimes
against
humanity
The
General Assembly,
Recalling
its
resolution 2583 (XXIV)
of
15
December 1969
on the
punishment
of war
criminals
and of
persons
who
have committed crimes against humanity,
Welcoming
with
satisfaction
the
fact that
the
Convention
on the
Non-Applicability
of
Statutory Limitations
to War
Crimes
and
Crimes against Humanity entered into force
on
11
November 1970,
Noting
with regret that
the
numerous decisions adopted
by the
United Nations
on the
question
of the
punishment
of war
criminals
and of
persons
who
have committed crimes
against humanity
are
still
not
being
fully
complied with,
Expressing
deep
concern
at the
fact
that
in
present-day conditions,
as a
result
of
aggres-
sive wars
and the
policies
and
practices
of
racism,
apartheid
and
colonialism
and
other
similar ideologies
and
practices,
war
crimes
and
crimes against humanity
are
being com-
mitted
in
various parts
of the
world,
Convinced
that
a
thorough investigation
of war
crimes
and
crimes against humanity,
as
well
as the
arrest, extradition
and
punishment
of
persons guilty
of
such
crimes—wherever
they
may
have been
committed—and
the
establishment
of
criteria
for
determining compensa-
tion
to the
victims
of
such crimes,
are
important elements
in the
prevention
of
similar crimes
now and in the
future,
and
also
in the
protection
of
human rights
and
fundamental freedoms,
72
the
strengthening
of
confidence
and the
development
of
co-operation
be
tween
peoples
and
the
safeguarding
of
international peace
and
security,
1.
Draws attention
to the
fact
that many
war
criminals
and
persons
who
have commit-
ted
crimes against humanity
are
continuing
to
take
refuge
in the
territory
s of
certain
States
and are
enjoying protection;
2.
Calls
upon
all
States
to
take measures,
in
accordance with
reco^
nized principles
of
international law,
to
arrest such persons
and
extradite them
to the co
jntries
where they
have committed
war
crimes
and
crimes against humanity,
so
that
they
can be
brought
to
trial
and
punished
in
accordance
with
the
laws
of
those countries;
3.
Condemns
the war
crimes
and
crimes against humanity
at
presei
it
being committed
as a
result
of
aggressive wars
and the
policies
of
racism,
apartheid
ard
colonialism
and
calls upon
the
States concerned
to
bring
to
trial persons
guilty
of
such
ci
imes;
4.
Also
calls
upon
all the
States concerned
to
intensify
their
co-opei
ation
in the
collec-
tion
and
exchange
of
information
which
will
contribute
to the
detection, arrest, extradition,
trial
and
punishment
of
persons guilty
of war
crimes
and
crimes against humanity;
5.
Once
again
requests
the
States concerned,
if
they have
not
alrea*
ly
done
so, to
take
the
necessary measures
for the
thorough investigation
of war
crimes
; .nd
crimes
against
humanity,
as
defined
in
article
I of the
Convention
on the
Non-Applic;
bility
of
Statutory
Limitations
to War
Crimes
and
Crimes against Humanity,
and for
th;
detection, arrest,
extradition
and
punishment
of all war
criminals
and
persons guilty
of
crime
s
against humanity
who
have
not yet
been brought
to
trial
or
punished;
6.
Requests States which have
not yet
become parties
to the
Conv
ntion
on the
Non-
Applicability
of
Statutory Limitations
to War
Crimes
and
Crimes again
;t
Humanity
to do
so as
soon
as
possible;
7.
Appeals
to
Governments
to
provide
the
Secretary-General with nformation
on the
measures
which they have taken
or are
taking
to
become parties
to the
Convention
on the
Non-Applicability
of
Statutory Limitations
to War
Crimes
and
Crimes
igainst
Humanity;
8.
Also
appeals
to
States
which have
not yet
become parties
to the
Convention
on the
Non-Applicability
of
Statutory Limitations
to War
Crimes
and
Crimes against Humanity
strictly
to
observe
the
provisions
of
General Assembly resolution 2583
0
3CIV)
to the
effect
that they should
refrain
from action running counter
to the
main
purpos
ss
of
that Conven-
tion;
9.
Requests
the
Secretary-General
to
continue,
in the
light
of the co
nments
and
obser-
vations submitted
by
Governments,
the
study
of the
question
of the
i
unishment
of war
crimes
and
crimes against humanity
and the
criteria
for
determining
cc
mpensation
to the
victims
of
such crimes,
in
order
to
submit
a
report
on
this question
to the
General Assembly
at its
twenty-sixth session.
1930th
plenary
meeting,
15
December 1970.
9.
ELIMINATION
OF ALL
FORMS
OF
RACIAL
DISCRIMINATION
(a)
INTERNATIONAL
YEAR
FOR
ACTION
TO
COMBAT
RACISM
AND
RACIAL
DISCRIMINATION:
REPORT
OF
THli
SECRETARY-
GENERAL
73
(b)
MEASURES
FOR
EFFECTIVELY
COMBATING
RACIAL
DISCRI-
MINATION
AND THE
POLICIES
OF
APARTHEID
AND
SEGREGA-
TION
IN
SOUTHERN
AFRICA:
REPORT
OF THE
SECRETARY-
GENERAL
(c)
REPORT
OF THE
COMMITTEE
ON THE
ELIMINATION
OF
RACIAL
DISCRIMINATION,
SUBMITTED
UNDER
ARTICLE
9
OF THE
INTERNATIONAL
CONVENTION
ON THE
ELIMINATION
OF ALL
FORMS
OF
RACIAL
DISCRIMINATION
(d)
STATUS
OF THE
INTERNATIONAL
CONVENTION
ON THE
ELIMINATION
OF ALL
FORMS
OF
RACIAL
DISCRIMINATION:
REPORT
OF THE
SECRETARY-GENERAL
(AGENDA
ITEM
53)
Resolution
[2647
(XXV)]
adopted
by the
General Assembly
2647 (XXV).
Elimination
of all
forms
of
racial
discrimination
The
General
Assembly,
Recalling
that Member States pledged themselves solemnly under Article
1 of the
Char-
ter of the
United Nations
to
promote
and
encourage respect
for
human rights
and for
fundamental
freedoms
for all
without
distinction
as to
race, sex, language
or
religion,
Gravely
concerned
at the
persistence
of
apartheid
and
other forms
of
racial
discrimina-
tion, which
are an
intolerable
affront
to the
dignity
of the
individual,
Noting
that disregard
for
fundamental
human
rights
and
manifestations
of
hostility
or
intolerance
towards
any
race
or
distinct group
of
persons
may
create lasting antagonisms
and
deep unrest
in
society, aggravated
by the
existence
of
conditions
of
economic
and
social
inequality,
Aware
that discriminatory prejudices must
be
combated
and
eliminated
by
means
of
education
and
information
as
well
as by the
adoption
of
positive legislative
or
other measures
designed
to
bring about
a
climate
of
understanding
and
co-operation among
the
various
ethnic
and
cultural groups
of
society,
Convinced
that
the
International Year
for
Action
to
Combat Racism
and
Racial Discri-
mination,
which
the
General Assembly
has
proclaimed
for the
year
1971,
will
not
achieve
its
objective unless
effective
measures
are
taken
in all fields to
combat
attitudes
and
laws
contrary
to the
principles
of the
Charter
and the
norms
of the
Universal Declaration
of
Human Rights,
Welcoming
the
entry into force
of the
International Convention
on the
Elimination
of
All
Forms
of
Racial Discrimination
and
noting with satisfaction
the first
report
of the
Committee
on the
Elimination
of
Racial
Discrimination,43
1.
Solemnly reiterates
its
condemnation
of all
forms
of
racial discrimination wherever
they
may
occur,
and
particularly
of
apartheid,
as a flagrant
contradiction
of the
spirit
and the
letter
of the
Charter
of the
United Nations
and the
Universal Declaration
of
Human Rights,
and
deplores
the
persistence
of
such
practices;
2.
Appeals
to the
Governments
of
countries where forms
of
racial discrimination still
persist
and to the
Governments which
officially
apply such policies
as
apartheid
to
take
43
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Supplement
No. 27
(A/8027).
74
without
delay
all the
legislative, educational
and
social measures
necessary
to end
them
and to
ensure respect
for
human rights
in
accordance
with
the
Charter;
3.
Vehemently
affirms
the
need
for all men to be
given
an
equal chance
and to be
enabled
to
live
and
work together
in an
atmosphere
of
mutual trust
a
id
tolerance, with-
out
discrimination
and
with
full
respect
for the
national
and
cultural identity
of
peoples
or
distinct ethnic groups;
4.
Urges
Member States
to do
their utmost
to
eliminate
all
rack
1
discrimination
in
education, employment, housing
and
other fields
of
community
life,
an i to
encourage
the
development
of
multiracial activities with
a
view
to
removing obstacle
; to
understanding
among
the
various racial
groups;
5.
Invites
all
peoples
of the
world
and all men of
goodwill
to
condemn
unrelentingly
the
evils
of
racial
policies
and to
disseminate
all
information
calculated
to
combat
such
policies;
6.
Invites countries which
are not yet
parties
to the
International Convention
on the
Elimination
of All
Forms
of
Racial Discrimination
to
take
any
steps
n
cessary
to
ratify
it
or
accede
to it if
possible
in
1971,
on the
occasion
of the
International
Year
for
Action
to
Combat Racism
and
Racial Discrimination
;
7.
Emphasizes
the
importance
of the
work being done
by the
United Nations,
in
particular
the
Commission
on
Human Rights
and the
Sub-Commissioj
i
on
Prevention
of
Discrimination
and
Protection
of
Minorities,
and by the
specialized
igencies,
including
the
United Nations Educational, Scientific
and
Cultural Organization
and
the
International
Labour Organisation,
and the
non-governmental organizations associate
d
with their
efforts
towards
the
elimination
of all
forms
of
racial
discrimination;
8.
Reaffirms
its
intention
to
take
the
opportunity
of the
Internatioi
.al
Year
for
Action
to
Combat Racism
and
Racial Discrimination
to
promote throughout
the
world social
justice
based
on
absolute respect
for the
dignity
of the
individual.
1915th
vlenary
meeting,
30
November
1970.
10.
REPORT
OF THE
INTERNATIONAL
LAW
COMMISSION
ON THE
WORK
OF ITS
TWENTY-SECOND SESSION (AGENDA ITEM
84)
(a)
Report
of the
Sixth
Committee44
[Origina
':
English/Spanish]
\3
November 1970}
I.
INTRODUCTION
1.
At its
1843rd plenary meeting,
on 18
September
1970,
the
General Assembly
included
the
item entitled
"Report
of the
International
Law
Commissi
>n
on the
work
of
its
twenty-second
session"
(item
84) in the
agenda
of its
twenty-fifth
se;
sion
and
allocated
it
to the
Sixth Committee.
The
Sixth Committee considered
the
item
at its
1186th
to
1193rd,
1196th,
1197th
and
1200th
meetings, held from
30
September
to
É
October
and
from
12
to 14
October
1970.
2. At the
1186th
meeting,
on 30
September
1970,
Mr.
Taslim
O.
Elias,
Chairman
of
the
International
Law
Commission
at its
twenty-second session,
introduced
the
Commis-
44
Document
A/8147, reproduced from
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Annexes,
agenda
item
84.
75
sion's
report
on the
work
of
that
session
(A/8010
and
Corr.l
and 2). At the
1193rd
meet-
ing,
on 8
October 1970,
he
commented
on the
observations which
has
been made during
the
debate
on the
report.
3.
The
report
of the
International
Law
Commission, which
was
before
the
Sixth
Committee,
is
divided into
five
chapters entitled:
I.
Organization
of the
session;
II.
Rela-
tions between States
and
international
organizations;
III.
Succession
of
States;
IV.
State
responsibility;
V.
Other decisions
and
conclusions
of the
Commission.
4. At the
1200th
meeting,
on
14
October
1970,
the
Rapporteur
of the
Sixth Committee
raised
the
question whether
the
Committee wished
to
include
in its
report
to the
General
Assembly
a
summary
of the
views
expressed during
the
debate
on the
item.
Referring
to
paragraph
(/) of the
annex
to
General Assembly resolution 2292 (XXII),
the
Rapporteur
informed
the
Committee
of the financial
implications
of the
question.
At the
same meeting,
the
Committee decided that,
in
view
of the
nature
of the
subject-matter,
the
report should
include
a
summary
of the
representative trends
of
opinion.
II.
PROPOSAL
AND
AMENDMENTS
5.
At the
1197th
meeting,
on
13
October
1970,
the
representative
of
Austria
introduced
a
draft
resolution (A/C.6/L.795) sponsored
by
Afghanistan, Algeria, Argentina, Austria,
Brazil, Canada, Chile, Cyprus, Ecuador, Finland, Greece, Haiti, Jamaica, Kenya, Liberia,
Madagascar, Mali, Mexico, Morocco, Niger, Nigeria, Senegal, Sierra Leone, Sudan,
Sweden, Syria, Venezuela
and
Yugoslavia,
with
which
Uruguay
later joined.
The
twenty-
nine-Power
draft resolution
reads
as
follows:
"The
General Assembly,
"Having
considered
the
report
of the
International
Law
Commission
on the
work
of its
twenty-second session,
"Emphasizing
the
need
for the
further
codification
and
progressive development
of
inter-
national
law in
order
to
make
it a
more
effective
means
of
implementing
the
purposes
and
principles
set
forth
in
Articles
1 and 2 of the
Charter
of the
United Nations
and to
give
increased
importance
to its
role
in
relations
among nations,
"Noting with
satisfaction
that
at its
twenty-second session
the
International
Law
Commis-
sion completed
its
provisional draft articles
on
relations between
States
and
international
organizations, continued
the
consideration
of
matters concerning
the
codification
and
progres-
sive development
of the
international
law
relating
to
succession
of
States
in
respect
of
treaties
and
State
responsibility
and
included
in its
programme
of
work
the
question
of
treaties concluded
between
States
and
international organizations
or
between
two or
more international organiza-
tions,
as
recommended
by the
General Assembly
in
resolution 2501 (XXIV)
of 12
November
1969,
"Noting further that
the
International
Law
Commission
has
proposed
to
hold
a
fourteen-
week session
in
1971
in
order
to
enable
it to
complete
the
second reading
of the
draft
articles
on
relations between
States
and
international organizations
and the first
reading
of
draft
articles
on
succession
of
States
in
respect
of
treaties before
the end of the
term
of
office
of its
present
members,
"Noting with appreciation that
the
United
Nations
Office
at
Geneva organized,
during
the
twenty-second session
of the
International
Law
Commission,
a
sixth session
of the
Seminar
on
International Law,
"1.
Takes note
of the
report
of the
International
Law
Commission
on the
work
of its
twenty-second session;
"2.
Expresses
its
profound
gratitude
to the
International
Law
Commission,
on the
occasion
of
the
celebration
of the
twenty-fifth
anniversary
of the
United Nations,
for its
outstanding
contribution
to the
achievements
of the
Organization during this
period,
particularly through
76
the
preparation
of
drafts
which
have served
as the
basis
for the
adoption
)f
important codifica-
tion conventions,
and
expresses appreciation
to the
Commission
for
.he
valuable work
it
accomplished during
its
twenty-second session;
"3.
Approves
the
programme
and
organization
of
work
of the
session
planned
by the
International
Law
Commission
for
1971,
as
well
as its
intention
to
brins
up to
date
its
long-
term programme
of
work;
"4.
Recommends that
the
International
Law
Commission
should:
"(0) Continue
its
work
on
relations between States
and
international organizations, taking
into account
the
views expressed
at the
twenty-third, twenty-fourth
anc
twenty-fifth
sessions
of
the
General Assembly
and the
comments
which
may be
submitted
t y
Governments, with
the
object
of
presenting
in
1971
a final
draft
on the
topic;
"(7?)
Continue
its
work
on
succession
of
States,
taking
into account
tl.e
views
and
consider-
ations
referred
to in
General Assembly resolutions 1765
(XVII)
of 20
November 1962
and
1902 (XVIII)
of 18
November 1963, with
a
view
to
completing
in
1971
th : first
reading
of
draft
articles
on
succession
of
States
in
respect
of
treaties
and
making
progress
in the
consideration
of
succession
of
States
in
respect
of
matters other than
treaties;
"(c)
Continue
its
work
on
State
responsibility, taking into account
tl
ie
views
and
consider-
ations referred
to in
General Assembly resolutions 1765 (XVII)
of 20
November
1962, 1902
(XVIII)
of
18
November 1963
and
2400 (XXIII)
of
11
December
1968;
"(d)
Continue
its
study
of the
most-favoured-nation clause;
"(e)
Continue
its
consideration
of the
question
of
treaties
conluded
between States
and
international
organizations
or
between
two or
more international
orgai
izations;
"5.
Endorses
the
decision
of the
International
Law
Commission
to
request
the
Secretary-
General
to
prepare
new
editions, brought
up to
date,
of the
publication entitled
The
Work
of
the
International
Law
Commission
and of the
document entitled
'Summar;
of the
practice
of the
Secretary-General
as
depositary
of
multilateral agreements';
"6.
Expresses
the
wish that,
in
conjunction with
future
sessions
of
.he
International
Law
Commission,
other
seminars might
be
organized, which should continue
to
ensure
the
partici-
pation
of an
increasing number
of
nationals
of
developing countries,
and s
apports
the
suggestion
contained
in the
Commission's report concerning
the use of
Spanish
as
;L
working language
of
the
Seminar
on
International Law;
"7.
Requests
the
Secretary-General
to
forward
to the
Internatio
lal
Law
Commission
the
records
of the
discussion
on the
report
of the
Commission
at the
twe
ity-fifth
session
of the
General Assembly."
6.
The
Union
of
Soviet Socialist Republics submitted
amendme
its
(A/C.6/L.797)
to
the
draft resolution,
as
follows
:
"1.
Delete
from
the
fourth paragraph
of the
preamble
the
word
'to
hold
a
fourteen-
week
session
in
1971
in
order
to
enable
it'.
"2. Add in the
same paragraph, after
'to
complete',
the
words
'it
its
session
in
1971'.
"3.
Delete paragraph
3,
having
in
mind
the
possibility
to
elaborate
on its
basis
a
separate
resolution.
"4. Add the
following
new
sub-paragraph
to
paragraph
4:
'(/) Bring
up to
date
as
soon
as
possible
its
long-term
progranme
of
work'.
"5. Add at the end of
paragraph
4 (c) the
following
words:
'and
begin discussion
of
draft
articles
on the
topic
as
from
its
lext
session'.
"6.
Substitute
for the
words
'Continue
consideration
of the q
icstion',
in
sub-para-
graph
4
(e),
the
words
'Consider
the
possibilities
and
time
for
initiating
vork
on the
question'.
"7.
Delete from paragraph
5 the
words
'new
editions, brought
up 1 o
date,
of the
publica-
tion entitled
The
Work
of
the
International
Law
Commission
and of.
"8. Add the
following
new
paragraph after
the
existing
paragraph
4:
77
'5.
Recommends that
the
International
Law
Commission should
give
unconditional
priority
to the
completion
of
work
on the
draft
articles
on
relations between States
and
international
organizations'.
"
7.
The
attention
of the
Committee
was
drawn
to a
note
by the
Secretariat
(A/C.6/
L.796)
on the
administrative
and financial
implications
of the
draft
resolution.
III.
DEBATE
8. The
main trends
of the
Sixth Committee's debate
on the
agenda item dealt
with
in
this
report
are
summarized below,
in five
sections.
The
general comments,
on the
work
of
the
International
Law
Commission
and on the
promotion
by the
United Nations
of the
progressive development
and
codification
of
international
law are
summarized
in
section
A.
Sections
B, C, D and E are
devoted
to the
comments
in
chapters
II,
III,
IV and V
respectively
of
the
report
of the
Commission
on the
work
of its
twenty-second session,
and
each
one
bears
the
title
of the
chapter
to
which
it
relates.
A.
GENERAL COMMENTS
ON THE
WORK
OF THE
INTERNATIONAL
LAW
COMMISSION
AND THE
PROMOTION
BY THE
UNITED
NATIONS
OF THE
PROGRESSIVE DEVELOPMENT
AND
CODIFICA-
TION
OF
INTERNATIONAL
LAW
9. The
representatives
who
spoke
in the
debate congratulated
the
Commission
on the
valuable
work done
at its
twenty-second session and,
in
particular,
on the
progress made
in
the
consideration
of
certain important topics
in its
programme
of
work,
and
expressed
the
view that
its
report constituted
yet
another important contribution
by the
Commission
to the
promotion
by the
United Nations
of the
progressive development
and
codification
of
international law.
10.
Some representatives referred
to the
factors which,
in
their view, explained
the
success achieved
by the
Commission
in
fulfilling
the
task entrusted
to it by the
General
Assembly,
such
as the
excellent quality
and
objectivity
of its
drafts,
and
their balanced
and
realistic nature,
the
high level
of
technical competence
of its
members,
its
efforts
to
take
into account
the
points
of
view
of
Governments
and the
needs
and
interests
of the
international community
in
general,
and the
relations established
with
the
General Assembly
and the
Sixth Committee.
The
latter factor
was
considered
to be of
primordial importance
for
the
codification work
of the
United Nations, which,
by its
very nature, called
for
supple-
mentary
efforts
by the
representatives
of
States
in the
Sixth Committee
and by the
experts
who
were members
of the
Commission. Stress
was
laid
on the
need
to
strengthen
and
intensify
those relations even
further,
so
that
the
drafts
prepared
by the
Commission would
have
a
better chance
of
being accepted
by
Governments.
It was
essential
for
Governments
to
supplement
the
juridical considerations which guided
the
Commission,
a
subsidiary legal
organ
of the
General Assembly,
by
expressing their
own
political, economic
or
administrative
concerns,
for
otherwise there would
be a
risk that many conventions which
had
been
carefully
drawn
up
would
not be
observed
or
would
not be
acceded
to
except
by a
limited
number
of
States.
11.
Some representatives considered that
it
would
be
desirable
to
have more time,
in
order
to be
able
to
study
in
depth
the
annual report
of the
Commission,
so
that
the
latter
would have more accurate information
on the
positions
of
Governments.
In
that connexion,
it
was
suggested
that,
within
the
context
of the
organization
of the
Sixth Committee's work,
the
traditional
order
in
which
the
agenda items were taken
up
should
be
reconsidered
and
that
the
examination
of the
report
of the
Commission should
be
left
until
a
later stage
in the
General
Assembly session.
78
12.
Several representatives reiterated
their
Governments'
suppoit
for the
work
of
progressive development
and
codification
of
international
law
undertaken
by the
United
Nations.
Some observed that
that
work helped
to
strengthen
interm
tional legality
and
was
thus
a
powerful means
of
maintaining international peace
and
secur
ty and
intensifying
peaceful
co-operation among
all
States. Others said that
the
progressa
e
development
and
codification
of
international
law
offered
an
opportunity
to
reformulate certain traditional
concepts
of
international
law in the
light
of
current circumstances,
nee is and
aspirations.
13.
Some representatives drew attention
to the
role played
by
Si
ate
practice
in the
formulation
of the
rules
of
international law,
and
expressed
the
viev
that
it
would
be
desirable
to
seek
to
improve
and
complete
existing
sources
of
information
on the
practice.
That
would facilitate
the
progressive development
and
codification
o'
international
law
promoted
by the
United Nations and,
in
particular, would make
the dra
fts
prepared
by the
Commission more soundly
and
broadly based.
In
their
view,
the
Commission
should
examine
the
question
in
accordance
with
article
24 of its
Statute;
on the
basis
of its
conclu-
sions, steps could
be
taken
to
co-ordinate
and
promote national
efforts
t
make information
on
State practice more accessible. Specifically, Member States could
t e
asked
to
prepare
collections
and
digests
of
their practice,
as
some were already doing,
01
merely
to
indicate
the
published sources
of
their practice.
Similarly,
it
might
be
possible
to
examine
the
possibility
of
collecting
in the
United Nations Legislative Series
(ST/LEG/SER.B/—),
which
now
contained documentation concerning
specific
questions,
info]
mation concerning
State practice
in a
more general area. With regard
to
treaties,
its
wts
pointed
out
that
the
List
of
Treaty
Collections (ST/LEG/5) published
by the
United
Nitions
in
1956
was
limited
in
scope
and out of
date. Stress
was
also laid
on the
urgent
n
eed to
bring
up to
date
the
United Nations
Treaty
Series
and for the
Secretariat
to
make
the
special
efforts
necessary
to
reduce
the
growing delays
in its
publication.
14.
Some representatives referred
to the
recent serious attacks
on
diplomatic agents
and
to the
international tension
they
created,
and
stressed
the
need
to a
lopt
measures that
would
put an end to
that situation
and
adequately guarantee
the
protect
m and
inviolability
of
such agents. Some
of
them commended
the
Commission
for
having
s
:en fit to
reproduce
in
paragraph
11
of its
report
the
texts
of the
letter
dated
14 May
1970
from
the
President
of
the
Security Council addressed
to the
Chairman
of the
Commission,
the
letter dated
5 May
1970 from
the
Permanent Representative
of the
Netherlands
to
ihe
United Nations
addressed
to the
President
of the
Security Council,
and the
letter dated
12
June 1970
from
the
Chairman
of the
Commission addressed
to the
President
of the Sec
urity
Council,
and
suggested that
a
statement
on the
problem
of the
protection
and
inviola
îility
of
diplomatic
agents should
be
included
in the
working paper which
the
Commission
had
requested
the
Secretary-General
to
prepare
in
connexion
with
the
Commission's
revit
w of its
long-term
programme
of
work (see paragraph
113
below).
B.
RELATIONS BETWEEN STATES
AND
INTERNATIONAL ORGAN :ZATIONS
1.
OBSERVATIONS
ON
QUESTIONS RELATING
TO THE
DRAFT ARTICLES
O4
REPRESENTATIVES
OF
STATES
TO
INTERNATIONAL ORGANIZATIONS,
AS A
WF
OLE
15.
Many representatives expressed satisfaction that
the
Commission
had
been able
in
1970
to
complete
the first
reading
of its
draft
articles
on
representative
>
of
States
to
inter-
national organizations,
and
congratulated
the
Commission
and the
Special Rapporteur
on the
topic,
Mr.
El-Erian,
on the
results achieved.
The
sixty-six
new d aft
articles
on
per-
manent observer missions (part
III—articles
51 to 77) and on
delegatiors
to
organs
and to
conferences (part
IV—articles
78 to
116),
together
with
the first
twenty-one
draft
articles
79
adopted
in
1968
45
and the
further twenty-nine
adopted
in
1969
46
on
general
provisions
(part
I—articles
1 to 5) and on
permanent missions (part
II—articles
6 to
50), constituted
an
excellent working basis
for the
second reading
and
gave good grounds
for
anticipating
that
the
Commission would
be
able
at its
next session
to
adopt
a final set of
draft articles
on
the
topic.
16.
Most representatives
who
referred
to the
draft articles during
the
debate
indicated
that their comments were
of a
general
and
preliminary nature
and
that their Governments
would study
the
draft carefully
and
submit
detailed
written
observations
thereon
to the
Commission
within
the
specified time-limit.
(a)
Scope
of the
draft
17.
It was
generally considered appropriate that
the
Commission
had
limited
the
scope
of
the
draft
to
international organizations
of
universal character (article
2) and had
included
in
its
provisions regulating
the
status
of
permanent missions
of
member States, permanent
observer missions
of
non-member States,
and
delegations
to
organs
of
international organiza-
tions
or to
conferences convened
by
such organizations. Some representatives were never-
theless
of the
opinion that
the
Commission, when reviewing
the
draft, should
try to
supple-
ment
it
with
provisions regulating
the
status
of
certain categories
of
missions, delegations
or
persons that
had for the
time being been excluded
from
its
cope.
In
that connexion,
certain representatives enumerated
the
following:
permanent missions
and
permanent
observer missions
to
international organizations
not of a
universal character; permanent
observer missions
of
States,
not
members
of an
organization;
non-permanent observer
missions
and
temporary observers; observers
to
organs
and at
conferences;
delegations
to
conferences
convened
by
States
;
representatives
of
national liberation movements,
of
peoples
who
were victims
of
colonialism
or of
groups
fighting
against racial discrimination
or
apartheid.
It was
also
mentioned that
the
question
of the
juridical links between
the
host
State
and the
meeting
or
conference convened
in its
territory should
be
examined. Lastly,
interest
was
expressed
in the
fact
that
the
Commission
was to
examine
the
possible
effects
of
exceptional situations
on the
representatives
of
States
in
international organizations.
(b)
Structure
of the
draft
18.
A
number
of
delegations stressed that,
at the
second reading,
the
Commission
should harmonize
the
various provisions
of the
draft
and try to
formulate them
as
stringently
and
precisely
as
possible.
In
particular,
it was
stated that
the
present number
of
articles
was
excessive
and
should
be
reduced through appropriate
use of the
technique
of
"drafting
by
reference".
It was
also suggested that, despite
the
differences
between
the two
categories
of
missions, some
of the
provisions relating
to
permanent missions
and to
permanent obser-
ver
missions could perhaps
be
combined,
in
order
to
simplify
the
general form
of the
draft.
(c) Use of
terms
19.
It was
observed that
the
provisions relating
to the use of
terms (articles
1,51
and
78)
could
be
properly formulated only
in the
light
of the final
form
and
structure
of the
draft
as a
whole.
At the
second
reading, therefore,
the
Commission
should review
those
provi-
sions
and
eliminate
any
lack
of
precision
or
duplication
that might exist.
1
See
Official
Records
of
the
General
Assembly,
Twenty-third
Session,
Supplement
No. 9,
chap.
II.
Ibid.,
Twenty-fourth
Session,
Supplement
No. JO,
chap.
II.
80
(d)
Form
of the
work
20.
The
general opinion
was
that
the
draft constituted
a
suitabb
basis
for a
future
convention
on the
subject. Some delegations, however, took
the
view
that
it
would
be
preferable
to
prepare
a
code
to
serve
as a
model, rather than
a
genera
I
convention which,
owing
to the
great variety
of
international organizations
and
their
dif
ering
purposes
and
functions,
would probably have
to be
complemented
by
specific
agreements
in
individual
cases. Moreover,
a
convention would raise
a
number
of
legal problems such
as its
relation-
ship
to
existing agreements
on the
subject (conventions
on
privileges
and
immunities
of
specific
international organizations, headquarters agreements,
etc.)
and t
le
question whether
or not
international organizations,
on
which
the
draft
imposed certain obligations, could
become parties
to the
convention.
(e)
Relationship
between
the
draft
and
other
relevant
rules
and
agreements
21.
It was
said that
the
Commission
had
been right
to
include
in :he
draft provisions
(articles
3-5)
safeguarding existing rules
and
agreements concerning
par
.icular international
organizations
and
permitting
the
conclusion
of new
agreements
in the
future.
However,
certain
representatives wondered what
effect
the
adoption
of a new set
>f
rules would have
on
existing agreements
on the
subject, such
as the
Convention
on the
Pri1
ileges
and
Immuni-
ties
of the
United Nations adopted
by the
General Assembly
(resolutù
>n
22
(I)),
since
the
draft
did not
merely codify general principles
but
contained practical
r.
rovisions similar
to
those included
in
those agreements. Although article
4 of the
draft
st
ited that
the
provi-
sions
of the
draft
articles would
not
affect
other agreements
in
force,
it
sh
>uld
be
remembered
that
in the
present case,
in
contrast
to the
situation existing when
the
rules relating
to
consular
relations
had
been codified,
the
agreements
in
question were mainly
mull
ilateral agreements.
Furthermore,
if
previous instruments would
not be
merged into
the
fut
jre
instrument that
was now
being prepared,
as
seemed
to be the
case,
it was to be
feared
th;
it
the final
outcome
of
the
codification
effort
would simply
be the
adoption
of yet
anothe convention which
would
be
added
to the
long list
of
instruments already existing
in
that
fit
Id.
(f)
Consultations
between
the
sending
State,
the
host
State
and
interna
ional
organizations
22. If any
question arose between
the
sending State
and the
host
S
tate concerning
the
implementation
of the
draft
articles, some representatives expressly
sup;
orted
the
Commis-
sion's
intention
(see
A/8010, para.
21)
that
article
50, on
consultations among
the
sending
State,
the
host State
and an
organization, which
was now
included
at the end of
part
II,
should
be
transformed into
a
general provision applicable also
to
part
; III and IV of the
draft.
In
that connexion,
it was
said that
the
scope
of the
article
shoul
d not be
limited
to
questions arising between
the
sending State
and the
host State,
and it wa
i
suggested that
the
existing
text should
be
amended
so
that
the
article would begin with
he
words:
"If any
question arises among
the
sending State,
the
host State
and the
Organiza
ion . .
.".
23.
Other representatives said that
the
Commission should seek
for
nulas
which,
while
guaranteeing
the
interests
of the
sending State
and the
independence
of the
organization
concerned, should
also
adequately protect
the
host State against
possibh
abuses
by
persons
enjoying
a
privileged position under
the
provisions
of the
draft.
Evei
i
the
protection
of
the
host State
in
cases
of
criminal acts
did not
seem
to be
sufficiently
guaranteed
by the
draft.
Those
representatives considered that provisions such
as
those
coi
itained
in
article
50
or
articles
45, 76 and
112
were inadequate.
24.
Some representatives said that
the
sending State should
be
obliged
to
withdraw
from
its
mission
or
delegation
any
person
who had
interfered
in the
inl
srnal
affairs
of the
host State,
if the
latter
so
requested. Others agreed with
the
view, provided that
the
81
organization
concerned would determine whether interference
in
internal
affairs
had oc-
curred.
The
commission
of a
grave
and
manifest violation
of the
criminal
law of the
host
State
and
engaging
in
professional
or
commercial activities
in
that State were also mentioned
as
legitimate grounds
for
requesting
the
recall
of a
member
of a
delegation
or
mission.
2.
OBSERVATIONS
ON
PART
III
(PERMANENT
OBSERVER
MISSIONS)
AND
PART
IV
(DELEGATIONS
TO
ORGANS
AND TO
CONFERENCES)
OF THE
DRAFT ARTICLES
(a)
General comments
25.
Several representatives noted that
the
formulation
of
rules concerning
the
legal
status
and the
facilities,
privileges
and
immunities
of
"permanent observer
missions"
and
of
"delegations
to
organs
and to
conferences",
in the
context
of the
draft
articles
on
represen-
tatives
of
States
to
international organizations, would
fill a gap
which existed
at
present
in
general international law.
26.
Certain representatives expressed doubt about
the
need
for a
general
condification
of
the
status
of
permanent observer missions, believing that existing practice
and
international
courtesy
resolved
the
question satisfactorily
in
each
specific
case.
However,
many
represen-
tatives
who
took part
in the
debate stressed
the
particular importance
of
that codification.
The
need
for it was
demonstrated
by the
very
fact
that
the
Charter
of the
United Nations,
General Assembly resolution
169
(II)
on the
Headquarters Agreement
and
General Assembly
resolution
257
(III)
on
permanent missions
to the
United Nations contained
no
provisions
on
permanent observer missions
of
non-member States.
In
that connexion,
it was
recalled
that
the
Secretary-General
had
stated
in the
introduction
to his
annual report
on the
work
of
the
Organization covering
the
period
16
June 1965
to
15
June 1966
that
"all countries
should
be
encouraged
and
enabled,
if
they
wish
to do so, to
follow
the
work
of the
Organiza-
tion more closely"
47
in the
opinion
of the
latter representatives,
the
codification
of the
legal
status
of
permanent observer missions would
promote
international
co-operation,
ensure
a
more
efficient
functioning
of
international organizations
and
might
be
useful
to
solve some
of
the
problems posed
by the
"micro-States".
27.
Similarly,
it was
pointed
out by
other representatives that
the
formulation
of
rules
concerning permanent observer missions
was
consistent with
the
principle
of
universality
and
represented
an
important step towards
the
elimination
of
certain discriminatory practices.
Pointing
out
that
the
Charter
was
based
on
universality
or
that universality
was one of the
primary
objectives
of the
United Nations, those representatives stated that
the
establishment
of
a
suitable legal status
for
permanent observer missions would promote
the
achievement
of
the
principles
and
purposes
of the
Organization.
In
that connexion, other representatives
rejected
the
unqualified statement that
the
Charter
was
based
on the
principle
of
universality;
universality
was a
goal that should
be
attained through
the
fulfilment
of the
criteria
and
requirements
laid down
in
Article
4 of the
Charter.
28.
Some representatives, emphasizing
the
need
to
ensure
the
effective
performance
of
their
functions
by
permanent observer missions
and
delegations
to
organs
and
confer-
ences, endorsed
the
solutions proposed
by the
Commission
to
determine
the
privileges
and
immunities
of
such missions
and
delegations.
Those
representatives considered that,
even
if
they were established
by
non-member States, permanent observer missions were
of
a
representative
and
permanent character
and
that their privileges
and
immunities should
therefore
be
generally
the
same
as
those accorded
to
"permanent missions", subject
to any
minor
changes
which
the
special
characteristics
of the
functions
of
permanent
observer
missions might make
it
advisable
to
introduce
in
individual
provisions. They also shared
47
Ibid.,
Twenty-first
Session, Supplement
No. 1A, p. 14.
82
the
opinion that
the
privileges
and
immunities
of
delegations
to
organs
and to
conferences
should,
in
view
of the
representative character
of
such delegations
and
tl
e
temporary nature
of
their tasks,
be
formulated
in the
light
of the
privileges
and
immunities
( f
"special
missions"
and,
after
any
adjustments necessitated
by
their
temporary nature,
by
eference
to the law
of
international organizations.
It was
pointed
out
that
the
alternative
s
jggested
by
some
the
privileges
and
immunities would
be
limited
to
those which were
st
ictly
"necessary
for
the
performance
of the
functions"—was
not
sufficiently
precise, would lead
to
inequalities
of
treatment
and
would open
the way to
subjective interpretations
of the
relevant provisions.
In the
opinion
of
those representatives,
the
Commission
had
struck
a pro
Der
balance between
the
preservation
of the
interests
of the
host
State
and the
need
to
prote
:t
relations between
permanent observer missions
and
organizations
and the
freedom
of
opei
ation
of
delegations
to
organs
and to
conferences.
29.
Other representatives supported
in
principle
the
approach
adop
ted by the
Commis-
sion
to the
question
of the
privileges
and
immunities
of
permanent
observer
missions
and
delegations
to
organs
and to
conferences. They
felt,
however,
tha the
representative
character
of
those missions
and
delegations
and the
functions
which
the}
performed
justified
granting
them
the
full
range
of
diplomatic immunities
and
privileges,
wi
hout
discrimination
and
irrespective
of
their permanent
or
temporary nature.
In the
view
Df
those representa-
tives,
therefore,
it
would
be
advisable
for the
Commission
to
follow
the
Vienna Convention
on
Diplomatic Relations
48
of
1961 more closely
and to
remove
from
he
draft article
any
elements which
did not
conform
to
contemporary diplomatic law.
30.
Other representatives
felt
that
the
objective criterion
of
fanctional
necessity,
embodied
in
Article
105 of the
Charter
of the
United Nations, rather than theories based
on the
representative character
or on
unjustified
parallels, should
be pc int of
departure
for
delimiting
the
privileges
and
immunities
of
permanent observer missions
and
delegations
to
organs
and
conferences. There
was no
legal
or
historical basis
for the
view that every
mission
or
delegation
was
automatically entitled, because
it was
acting
on
behalf
of a
State,
to the
full
range
of
diplomatic privileges
and
immunities.
Permanent
observer missions
did not
have
the
same representative capacity
as
"diplomatic missions"
o - the
same functions
and
reponsibilities
as the
permanent missions
of
Member States. Moreover, delegations
to
organs
and
conferences
did not
have
the
same
functions
as did
speci
il
missions,
nor did
they
have
the
same character.
31.
Those
representatives expressed reservations about
the
Commission's
approach
to the
matter.
In
their opinion,
the
draft articles relating
to the
privih
ges and
immunities
of
permanent observer missions
and of
delegations
to
organs
and to cor
ferences were based
too
closely
on
diplomatic law, tended without
justification
to
identify
>ermanent
observer
missions with permanent missions
and
delegations
to
organs
and
conf
;rences
with
special
missions,
and
departed from contemporary practice
and
existing
agreem
;nts.
The
Conven-
tion
on the
Privileges
and
Immunities
of the
United Nations
and the
Convention
on the
Privileges
and
Immunities
of the
Specialized Agencies (General Assembl
/
resolution
179(11))
should
be
regarded,
as a
general rule,
as a
maximum
and no
privileges
ai
d
immunities which
were
not
really necessary should
be
asked for.
In
their present
forn
the
draft articles
could produce
the
anomalous situation
in
which delegations
to
organs
and
conferences
of
lesser importance would
be
accorded
a
higher scale
of
privileges
and
imn
unities than delega-
tions
to
United Nations
organs
or
conferences convened under
its
auspice
s.
Those
represen-
tatives
concluded
by
expressing
the
hope that
the
Commission
wou d
review
the
draft
48
United
Nations
Conference
on
Diplomatic
Intercourse
and
Imrm
nities,
1961,
Official
Records,
vol.
II
(United
Nations
publication,
Sales
No.:
62.X.I),
p. 82.
83
articles
in
question
in the
light
of
those
observations,
for it was
essential
to
avoid
the
future
convention being
ratified
by
only
a
small number
of
States.
32.
In
support
of the
observations mentioned
in the
preceding paragraph,
it was
stated
that limiting privileges
and
immunities
was the
best
way of
ensuring their application
in
practice; that
it was
desirable
to
avoid imposing excessively heavy administrative burdens
on the
host State; that parliaments
and
public opinion were opposed
to
broadening
the
categories
of
persons
enjoying
privileged
treatment; that special missions could
be
sent
to
another State only with
the
latter's
consent
and
that
the
number
of
persons enjoying privileges
and
immunities
by
virtue
of
such missions
was
much smaller than
the
number
of
persons
constituting
delegations
to
organs
or to
conferences;
and
that
an
unnecessarily high
level
of
privileges
and
immunities would make States reluctant
to
invite international organiza-
tions
or
conferences
to
establish
themselves
or
meet
in
their
territory.
In
response
to the
latter argument,
it was
said that
no
State
was
obliged
to
permit
an
organization
to
establish
its
headquarters
or an
organ
or
conference
to
meet
in its
territory,
but if it did it
should
accept
the
obligation
to
accord
the
appropriate
privileges
and
immunities
to the
missions
and
delegations concerned.
33.
It was
also said that although
the
Commission based
its
draft
as a
whole
on
func-
tional necessity,
it
departed
from
that criterion
with
regard
to
some
specific
provisions.
Attention
was
drawn
to the
difference
between multilateral diplomacy
and
bilateral diplo-
macy.
In
the
case
of the
latter,
the
host State could protect
itself
by
various measures such
as the
declaration
of
persona
non
grata,
reciprocity, etc.
The
interests
at
stake were much
more complex
and
much less complementary
in
multilateral diplomacy, where
it
could
h
appen
that
the
host
State
did not
recognize
the
sending
State.
34.
Certain representatives said they
had no
objection
to the
scope
of the
privileges
and
immunities conferred
in the
draft
articles, provided that they were applied only
to
organizations
in the
United Nations
family
and to
others
of
similar importance.
In
their
view,
it was
necessary
to find a
more precise
definition
of the
term "international organization
of
universal character".
35.
Finally, attention
was
drawn
to the
question
of the
application
of the
privileges
and
immunities
provided
for in the
draft
articles
to the
large numbers
of
regional
or
technical
conferences
convened
by
international organizations
of a
universal character;
the
view
was
expressed that
it
would
be
advisable
to
limit
the
application
of the
draft
articles
to the
more
important conferences
and
organs
of
such organizations.
(b)
Comments
on
specific
provisions
Part
III: Permanent
observer
missions
to
international organizations
Article
51 (a)
(Definition
of the
term
"permanent
observer
mission")
36.
The
definition
of the
term "permanent observer mission" contained
in
article
51,
sub-paragraph (a), mentions
the
"representative
character"
of
such missions. During
the
debate, stress
was
laid
on the
importance
of
that question with regard
to the
general structure
of
part
III of the
draft
and,
in
particular,
the
determination
of the
scope
of the
facilities,
privileges
and
immunities
which should
be
accorded
to
permanent observer missions.
In
that connexion, certain
representatives
referred
to
paragraph
(2) of the
commentary
on
article
53,
which stated that
a
permanent observer mission
did not
represent
the
sending
State "in"
the
organization
but
"at"
the
organization.
37.
Some representatives said that permanent observer missions
did
indeed have
a
"representative character"
and
that
the
reference
to it
should therefore
be
retained. Others
84
considered
that
that
reference should
be
deleted, since
an
observer
obierved
but did not
represent.
38. It was
also said that
if the
term "representation"
was
taken
in he
technical sense,
it
was
clear that permanent observer missions were
not
representative,
since
in
order
to be
representative
in an
international organization
a
State
had to be a
member
of it. By
definition,
an
observer
did not
participate
in the
organization's
decisions
and did
not,
in
principle,
have
the
right
to
take part
in its
debates. However,
if the ter
n
"representation"
was
given
the
wider meaning which
it had in
ordinary usage
and if
emphasis
was
laid
on
the
link which existed between
the
sending State
and its
permanent
observer
mission
it
might
be
possible
to
speak
of
"representation",
because
the
mission
acti
:d on
behalf
of the
State
which
had
appointed
it. The
sending State
was not a
member
c f the
organization,
but the
permanent observer mission,
in so far as it
acted
within
the lin its of its
functions
on
behalf
of the
sending State, could
be
considered representative
of
the
t
State.
39.
Lastly,
it was
pointed
out
that
in
article
51,
sub-paragraph (a),
it
would
be
useful
to
insert
the
words,
"as
defined
in
article
1"
after
the
words "international organization",
in
view
of the
considerations outlined
in
paragraph
(1) of the
comment
iry
on
that article.
Article
52
(Establishment
of
permanent
observer
missions)
40. The
provisions
of the
article
as
well
as the
principles
on
whic
i
they were
based,
were interpreted
in
different
ways.
In the
light
of
those interpretations,
si
>me
representatives
thought that
the
provisions should
be
retained unchanged, others
considered
they should
be
redrafted
in
order
to
eliminate
the
existing ambiguity,
and
others
jroposed
to
amend
the
article, while
a
fourth
group stated that, perhaps
the
best course
m ght be to
consider
deleting
it
altogether.
41.
Several representatives considered that
the
article should
be
letained
as
drafted
by
the
Commission, because
it
recognized
the
need
to
enable
States
which
were
not
members
of
international organizations
to
follow
their work which
was of
interest
o the
international
community
as a
whole, while
safeguarding
the
essential autonomy
of t
lose
organizations
and
respect
for
their rules
and
practice.
Those
representatives
felt
that
i
ion-member
States
did
not
have
an
unconditional
and
absolute right
to
establish permanent observer missions,
for
that
right
•was
subject
to and
conditioned
by the
rules
of
practice
of the
organization
concerned.
The
will
of the
organization could
not be
ignored.
Sorie
of
them added
that
if the
organization
had no
relevant rules
or
practice,
the
establishme
it
of
such missions
would
be
regulated
by the
provisions
of the
future
convention
to be dra vn up on the
basis
of
the
draft
articles. Certain representatives thought that
it
would
be
idvisable
for
para-
graph
(2) of the
commentary
on the
article
to
specify
that
the
rule provid
:d
for in the
article
presupposed that
the
organization concerned
was of
universal
character.
42.
Other representatives stressed
that
the
establishment
of a p
irmanent
observer
mission
by a
non-member State
was a
question whose practical
solutic
n
should continue
to
depend
on the
rules
and
general practice
of the
organization
concei
ned or on
specific
agreements concluded
for
that
purpose.
Principles such
as the
sovereigr equality
of
States
or
universality
could
not
prevail over
the
rules
and
practice
of
internati
onal
organizations
in
that
sphere.
If no
such rules
and
practices existed,
the
establishment
of
permanent
observer missions should remain subject
to an
agreement between
the
sei
iding
State
and the
host
State
or the
international organization concerned.
The
future
convention
was not
the
proper instrument
to
grant non-member
States
an
absolute
and
unreserved
right
to
establish permanent observer missions. Since
the
article
in its
entire
fo
'm
had
been inter-
preted
in
other
ways,
those
representatives
considered
that
the
Commis;
ion
should redraft
it,
bearing
in
mind
the
considerations they
had
mentioned.
It was
clso
suggested that
85
paragraph
(3) of the
commentary
should
be
redrafted
in
order
to
bring
it
into
line
with
the
text
of the
article.
43.
Other representatives considered that
the
Commission should give
the
article
a
broader legal basis more
in
keeping
with
the
principles
of
sovereign equality
of
States
and
universality.
They proposed that
the
phrase
"in
accordance with
the
rules
or
practice
of
the
Organization" should
be
deleted from
the
article.
In
their view,
the
article should state
clearly
that non-member States
had the
right
to
establish permanent observer missions
in
order
to
perform
the
functions
mentioned
in
article
53 of the
draft.
The
existing wording
was
unduly restrictive, created
the
possibility
of
discrimination between States
in
contradic-
tion with
the
other provisions
of the
draft,
did not
take
fully
into account
the
considerations
formulated
in the
commentary
on the
article,
did not
facilitate
the
implementation
of the
principle
of
universality
or,
generally speaking,
the
purposes
and
principles
of
international
organizations
of
universal character,
and was
inconsistent with
the
aforementioned statement
of
the
Secretary-General.
It was
also pointed
out
that
in any
case
the
"rules
or
practice"
referred
to in the
article could
not be
considered valid unless they conformed
to the
general
principles
of the
Charter
of the
United Nations. Reference
to
them
would
merely create
difficulties
in the
interpretation
of the
provisions
of the
article.
44. It was
also said that
the
existing
wording
of the
article
was
unsatisfactory because
the
phrase
"in
accordance with
the
rules
or
practice
of the
Organization"
could
give
rise
to
interpretations
which assimilated
the
requirements
for the
establishment
of
permanent
observer missions
to the
conditions
and
procedures provided
for in
Article
4 of the
Charter
for
the
admission
of
States
to
membership
in the
United Nations. Since
the
main purpose
of
permanent observer missions
was
precisely
to
enable non-member States
to
follow
closely
the
work
of
organizations
of
universal character,
a
restrictive interpretation
of
that
kind
should
be
precluded
by
redrafting
the
article
in a
more suitable way.
45. The
view
was
also expressed that
the
Commission
was not
supposed
to
deal
with
the
question
of the
"right"
of
non-member States
to
follow
closely
the
activities
of
inter-
national
organizations
of
universal character
in the
context
of its
draft
articles
on
represen-
tatives
of
States
to
international organizations.
The
situation
of
permanent observer mis-
sions could only
be
improved through
a
better interpretation
of the
statutes
of
international
organizations.
46.
Lastly,
some
representatives questioned
the
need
for the
article
and
said
that
the
Commission should re-examine
the
question
of
retaining
it. The
deletion
of the
article
would
affect
neither
the
symmetry
nor the
legal content
of the
rest
of the
draft.
In
that
connexion,
it was
also pointed
out
that
the
wording
of the
article raised
the
difficult
question
of
determining what entities were entitled
to be
regarded
as
States.
It was
also suggested
that
the
main point
at
issue
was the
right
of
States members
of an
organization
to
maintain
control over
the
establishment
of
permanent observer missions
; the
efficacy
of and the
need
for
the
article should
be
considered
from
that
standpoint.
Article
53
(Functions
of
a
permanent observer
mission)
47.
Certain representatives questioned
the
desirability
of
attempting
an
enumeration
of
the
functions
of a
permanent observer mission. Each observer mission constituted
a
special case
and it
would therefore
be
inadvisable
to lay
down guidelines which would
inevitably
tend
to
introduce
an
element
of
rigidity
in
practice. Certain representatives
observed that permanent observer missions maintained
the
necessary liaison between
the
sending State
and the
organization
but did not
represent that State
in the
organization.
[Concerning
the
representative character
of
permanent observer missions,
see
paragraphs
36
to 38
above.]
Representatives
of
non-member States could sometimes
be
invited
to
parti-
cipate
in
meetings
of
organs
or
conferences
on an
equal footing with member States,
but in
86
such
cases
the
representatives
of
non-member States
fell
into
the
categi
>ry
of
"delegations
to
organs
and to
conferences"
and not
into that
of
"permanent obse
'ver
missions".
It
was
also observed that,
strictly
speaking, "negotiation"
was not one of he
functions
of an
observer.
Article
55
(Appointment
of the
members
of the
permanent observer
mi
ssion)
48.
Certain representatives agreed
with
the
principle
of the
freedoj
n of
choice
by the
sending
State
of the
members
of the
permanent observer mission.
Ot
icrs
took
the
view
that
the
article
did not
give
adequate protection
to the
host State.
Article
63
(Offices
of
permanent observer missions)
49.
Some doubts were expressed about paragraph
2 of the
artble.
International
practice
had not yet
crystallized
sufficiently
to
warrant
the
inclusion
o
'
such
a
provision
in
the
draft
articles. Certain representatives said that
it was
inadvisable
to
give
the
impres-
sion
of
encouraging States
to
establish
offices
of
their permanent
obser
'er
missions
in the
territory
of a
State other than
the
host State because such situations
gav
î
rise
to
problems,
particularly
where privileges
and
immunities were involved.
On the
other hand,
it was
argued
that
to
make such establishment conditional
on the
prior consen
t of the
host State
might
cause special
difficulties
for
newly
independent countries
which
still
acked
an
extensive
network
of
embassies
and
missions.
Article
64
(Use
of
[flag
and]
emblem)
50.
There were
differences
of
opinion concerning
the
right
of the p
jrmanent
observer
mission
to use the flag of the
sending State. Certain representatives
t
Dok
the
view that
reference
to the use of the flag
should
be
deleted because
it
sufficed
to g
-ant
such missions
the
right
to use the
emblem. Others, however, suggested that
the
referenc
; to the flag
should
be
retained,
on the
ground that
a
permanent observer mission
had the
rij
ht to use
both
the
emblem
and the flag of the
sending State.
Article
67
(Privileges
and
immunities
of the
permanent observer
missiot
)
51.
This article refers back
to
articles
25, 26, 27, 29 and 38,
paragriph
1
(a), relating
to
permanent missions. Some representatives made
the
general comment that
the
privileges
and
immunities thus granted
to
permanent observer missions might
be
i
oo
extensive,
and
suggested that
the
Commission should reconsider
the
question.
52.
Other representatives emphasized that
the
inviolability
of the pr
;mises
of the
mis-
sion,
as
provided
for in
article
25,
must
be
respected
and
ensured.
Tfase
representatives
criticized
the
present wording
of
paragraph
1 of the
latter article
and e
(pressed
the
view
that, even
in
case
of
disaster,
no
derogation
from
the
inviolability
of the p
remises should
be
allowed without
the
permission
of the
head
of the
mission concerned.
A
further comment
was
that
the
words
at the end of
article
25,
paragraph
1,—"and
only
ir the
event
that
it
has
not
been possible
to
obtain
the
express consent
of the
permanent repr
îsentative"—were
too
restrictive
of the
presumption
of
consent
in
case
of fire or
other disa ;ter that seriously
endangered public
safety
provided
for in
that paragraph;
it was
suggested
those words
should
be
replaced
by a
sentence based
on the
criterion
of
"the reasonabl
;ness
of
efforts
to
obtain
the
consent
of the
permanent representative".
[In
connexion
wit
i
the
inviolability
of
premises,
see
also
comments
on
article
94 in
paragraph
68
below.]
Article
68
(Freedom
of
movement)
and
article
69
(Personal
privileges
and
immunities)
53.
Article
68
refers back
to
article
28,part
II of the
draft which
reh
tes to
permanent
missions,
and
article
69
refers back
to
articles
30, 31, 32, 35, 36, 37, 38,
paragraphs
1
(b)
and 2, and 40 in the
same part.
The
general comment
was
made that
the
Commission
87
should
reconsider
whether
all the
privileges
and
immunities thus granted were really neces-
sary
in the
case
of
permanent observer missions
and
their members.
54.
With
regard
to
article
30 on
personal inviolability,
it was
stated
that consideration
should
be
given
to
insertion
of a
second paragraph,
reading:
"This principle does
not
exclude
in
respect
of the
permanent representative either measures
of
self-defence
or, in
exceptional
circumstances, measures
to
prevent
him
from
committing serious crimes
or
offences".
55. In
reference
to the
categories
of
persons
enjoying
privileges
and
immunities
under
the
terms
of
article
40,
paragraph
1,
concerning
the
members
of the
family
forming
part
of
the
household
of the
permanent representative
and
those
of a
member
of the
diplomatic
staff
of the
permanent
mission,
respectively,
it was
observed
that
the
phrase
in
that
para-
graph
"if
they
are not
nationals
of the
host
State"
should
be
replaced
by "if
they
are not
nationals
of or
permanently resident
in the
host
State".
Article
71
(Waiver
of
immunity
and
settlement
of
civil
claims)
56.
This
article
refers
back
to
articles
33 and 34
relating
to
permanent missions.
The
view
was
expressed that, where
a
waiver
of
immunity
could
not be
obtained because
it
would impede
the
performance
of the
functions
of the
permanent observer mission,
the
sending State should
use its
best endeavours
to
bring about
a
just settlement
of the
claim.
Article
73
(Duration
of
privileges
and
immunities)
57.
This article
refers
back
to
article
42
relating
to
permanent missions.
In
connexion
with
the
notifications mentioned
in
article
42,
paragraph
1, the
view
was
expressed that
mention should
be
made only
of
notification
to the
host State
"by the
Organization".
Article
75
(Non-discrimination)
58.
Some representatives agreed with
the
inclusion
of
this article
in the
draft, noting
that
it was
based
on the
principle
of
sovereign equality
of
States proclaimed
in the
Declara-
tion
on
Principles
of
International
Law
concerning Friendly Relations
and
Co-operation
among States
in
accordance
with
the
Charter
of the
United Nations, adopted
by the
General
Assembly
on 24
October
1970
in
resolution
2625 (XXV)
at the
closing
meeting
of the
commemorative session
on the
occasion
of the
twenty-fifth
anniversary
of the
United Nations.
Article
76
(Conduct
of the
permanent
observer
mission
and its
members)
59.
This article refers back
to
articles
45 and 46
relating
to
permanent missions.
It
was
argued that
the
provision concerning
respect
for the
laws
and
regulations
of the
host
State (article
45) did not
give
adequate
protection
to
that State, since
it
could
not be
estab-
lished whether
the
person concerned
had
committed
a
"grave
and
manifest
violation"
so
long
as the
sending State
did not
waive
his
immunity.
60. The
view
was
also expressed that
a
provision concerning compulsory insurance
against third-party risks arising
from
the
use,
in the
host State,
of
vehicles owned
by
perma-
nent
observer missions
or
their members should
be
included
in
this article.
Article
77
(End
of
functions)
61.
This article
refers
back
to
articles
47, 48 and 49
relating
to
permanent missions.
It was
stated that article
48,
concerning
facilities
for
departure, imposed
an
unrealistic
duty
on the
host State.
The
last sentence
of
that article should
be
replaced
by the
following
:
"It
shall,
in
case
of
emergency, facilitate
in
every
possible
way the
obtaining
of
means
of
transport
for
them,
and for
such
of
their
personal
effects
as is
reasonable under
the
cir-
cumstances,
to
leave
the
territory".
Part
IV:
Delegations
of
States
to
organs
and to
conferences
62.
Observations similar
to
those mentioned above
in
connexioi
with articles
55,
71
and 75 in
part
III of the
draft
were made
on
article
84
(Appointmt
of the
members
of the
delegation), article
101
(Waiver
of
immunity)
and
article
111
(Non-discrimination),
respectively.
In
addition, there were
the
observations summarized
below.
Article
79
(Derogation from
the
present
part)
and
article
80
(Conference
rules
of
procedure
)
63.
It
was
noted
with
approval that these articles introduced
an
ebment
of
flexibility
into
the
draft
and
prevented
unduly
rigid
application
of its
provisions.
Article
82
(Size
of
delegation)
64.
Certain representatives referred approvingly
to
this
article.
C
thers
did not
con-
sider
it
really necessary
and
suggested
its
deletion.
It was
also
stated
hat the
article
did
not
give
adequate protection
to the
host State.
Article
83
(Principle
of
single representation)
65.
Some representatives expressed reservations concerning
the
iesirability
of the
article
and its
present wording.
The
principle
of
single
representation
should
not be
formulated
too
categorically,
but
provision should
be
made
for
deviatioi
i
from
it in
certain
circumstances.
At a
time
of
increasing interdependence,
it
seemed
wro
ig
to
prevent joint
representation
in
some cases
by
providing that
a
delegation
to an
organ
or to a
conference
might
represent only
one
State.
It
should
be
borne
in
mind that
jcint
representation
facilitated
the
participation
of
small
and
developing countries,
if
only
foj
financial
reasons,
and
that there existed international agreements concerning
the
representation
of one
country
by
another.
The
following
solutions were
proposed:
the
insertion
at the
beginning
of
the
article
of the
words
"as a
rule"
; the
addition
at the end of the
article
oi the
words
"unless
the
rules
and
practice
of the
organ
or
conference otherwise provide"
; t he
deletion
of the
article, leaving
the
solution
of the
question
to the
practice
of the
internat
onal
organization
concerned.
Article
88
(Full
powers
to
represent
the
State
in the
conclusion
of
treaties)
66.
It was
observed that
a
representative
to an
organ
or to a
confei
ence should
be in
possession
of
full
powers
for the
purpose
of
signing
a
treaty
and
that
p
aragraph
3 of the
article
was
therefore redundant.
Article
91
(Status
of the
Head
of
State
and
persons
of
high rank)
67. The
Commission
was
commended
for
having included
in the dr
ift
this provision,
which
is
based
on
article
21 of the
Convention
on
Special Missions
(General
Assembly
resolution 2530
(XXIV)).
Article
94
(Inviolability
of the
premises)
68.
Some representatives urged that
paragraph
1 of
this article
si
ould
be
brought
into line with
the
corresponding provision
of the
Vienna
Convention
on
Diplomatic
Relations
of
1961.
They expressed serious reservations
with
regard
to
ths
last sentence
of
that paragraph.
In
their view,
the
sentence should
be
deleted
and
the>
argued that
the
provision
set out in it
imposed limitations
on the
principle
of
inviolabilit
/
of the
premises
that
might result
in
practice
in its
virtual negation;
the
legal
prerogatue
of
inviolability
was
subject
"in
case
of fire or
other disaster that seriously endangers
put
lie
safety"
to the
subjective
evaluation
of the
host
State
in
detriment
of the
rights
of the
sending
State.
Apart
from
the
fact that
it
opened
the way to
abuses,
the
provision
was am
>iguously
worded
and
might consequently lead
to
misunderstandings
and
disputes.
It
w
s
noted that
the
89
words
"that
seriously endangers public safety" referred only
to
"other
disaster", from
which
it
would
appear
that
"in
case
of fire"
local authorities could enter
the
premises
of
the
delegation even
if
there
was no
serious danger
to
public
safety. Furthermore,
the
words
"and
only
in the
event that
it has not
been possible
to
obtain
the
express consent
of
the
head
of the
delegation
or of the
head
of the
permanent diplomatic mission" could
be
interpreted
to
mean that local authorities were allowed
to
enter
the
premises
of the
delegation
even
if the
head
of the
delegation
or of the
permanent diplomatic mission expressly
refused
to
admit them
because
in his
view there
was no
serious danger
to
public safety.
[In
con-
nexion
with
this question,
see
observations
on
article
67 in
paragraphs
51 and 52
above.]
Article
JOO
(Immunity
from jurisdiction)
69.
Some representatives expressed
a
preference
for
alternative
A of
this
article
as
being broader
and
being based
directly
on the
corresponding article
of the
Convention
on
Special Missions
of
1969. Others stated that they favoured alternative
B,
because
they
considered that
it set out all the
safeguards that were needed
for the
proper
functioning
of
delegations
or
because they
felt
that
the
future
convention
must
be
acceptable
to the
largest
possible number
of
States. Other representatives expressly reserved their positions
for the
time
being.
Article
112
(Respect
for the
laws
and
regulations
of the
host
State)
70.
Some representatives were
of the
opinion that
the
article
did not
fully
guarantee
the
freedom
of
delegations' members, since
on
occasion they might have
to
perform
func-
tions
of the
delegation outside
the
premises where
the
organ
or
conference
was
meeting
or
outside
the
premises
of the
delegation.
71.
Observations
similar
to
those
reported
in
connexion with article
76
were made
[see paragraphs
59 and 60
above]
with
regard
to
protection
of the
host State generally
and
to
accidents caused
by
vehicles owned
by the
delegation
or its
members.
C.
SUCCESSION
OF
STATES
1.
OBSERVATIONS
ON THE
TOPIC
AS A
WHOLE
72.
Several representatives stressed
the
need
for the
Commission
to
continue
to
give
priority
to the
study
of the
various
aspects
of the
succession
of
States,
in
view
of the
import-
ance
and
usefulness
of the
progressive development
and
codification
of the
topic
to all
States,
and
particularly
the new
States. Congratulations were
offered
to the
Commission
on the
progress
it had
made during
its
last session
in
studying
the
substantive questions
raised
by
succession
in
respect
of
treaties,
as
well
as to Sir
Humphrey Waldock,
the
Special
Rapporteur
on
that aspect
of the
topic,
and Mr.
Bedjaoui,
the
Special Rapporteur
on
"succes-
sion
in
respect
of
matters other than treaties",
on the new
reports
presented.19
2.
OBSERVATIONS
ON
SUCCESSION
IN
RESPECT
OF
TREATIES
73.
Noting that
on the
basis
of the
reports presented
by Sir
Humphrey Waldock,
the
Special
Rapporteur,50
the
Commission
had
reached almost unanimous agreement
on
the
approach
to the
question
and the
fundamental
principles
on
which
its
codification
should
be
based,
a
number
of
representatives expressed
the
view that
the
Commission
was
now in a
position
to
prepare
a set of
draft
articles
on
succession
in
respect
of
treaties
in the
49
A/CN.4/224
and
Add.l
and
A/CN.4/226,
respectively.
50
A/CN.4/202,
A/CN.4/214
and
Add.l
and
Add.l/Corr.l
and
Add.2
(reproduced
in the
Yearbook
of the
International
Law
Commission,
1970, vol.
II)
and
A/CN.4/224
and
Add.l.
90
near
future.
The
hope
was
expressed that
the first
reading
of the
dral
t
articles would
be
concluded
in the
course
of the
Commission's next session. Some
representatives
felt
that
it
was
premature
to
make
any
comments
on the
relevant part
of the Cc
mmission's
report.
Others, however,
put
forward
the
preliminary observations summarized below.
(a)
Succession
in
respect
of
treaties
and law of
treat
es
74. The
conclusion
of the
Commission that succession
in
respect
of
treaties should
be
dealt
with
as a
particular topic
within
the
framework
of the law oi
treaties
met
with
almost general approval. Some representatives stressed
the
need
for the
/ienna
Convention
on the Law of
Treaties51
of
1969
to be
taken specially into
account.
However, some
doubts were expressed
as to the
appropriateness
of the
conclusion
referred
to, on the
ground that succession
was a
branch
of
international
law
separate from
the
law
of
treaties.
It was
also
commented that
it
might
be
useful
to
undertake
a
parallel
;
tudy
of
succession
in
respect
of
treaties
and
succession
in
respect
of
matters other thar,
treaties.
Parallel
consideration
of the
various problems
of
succession would help
to
crystallize
the
general
legal
rules which were
to be
applied
in all
situations involving
the
problem
of
succession.
That
modus
operandi
would
facilitate
the
definition
of a
general theory
of
succession
based
on the
practice
of
States which
had
recently attained independence
as a
result
of the
decolonization process.
(b)
Specific
problems
of new
States
75. A
number
of
representatives emphasized that succession
in
respect
of
treaties
was
of
practical importance
and
particular interest
to the new
States
which
had
recently
gained
their independence. They stressed
the
need
to
protect
the
polii
ical
and
economic
independence
of
those States, and, consequently,
to
ensure that
the
rules codified should
be
based
on the
fundamental principles
of
contemporary international
law
incorporated
in
the
United
Nations
Charter.
Those
rules should conform
to
principles
such
as
those
of
equal
rights
and
self-determination
of
peoples, sovereign equality
of Sta tes and
permanent
sovereignty
of
each nation over
its
natural wealth
and
resources.
In
their view,
it was
inappropriate
to
speak
of the
transfer
of
sovereignty, since that impliec
the
devolution
of
obligations assumed under
unfair
and
abusive treaties, concluded
by t
ic
former colonial
Powers
with
third States
in
disregard
of the
interests
of the
administered
Territory, which
never
was a
part
of the
territory
of the
colonial Powers.
76.
Certain representatives considered that
in
view
of the
general
aj
proach
to the
sub-
ject
of
succession
in
respect
of
treaties followed
in the
preliminary
reporl
s
submitted
by the
Special Rapporteur
it was no
longer necessary
to
deal
with
problems arising
out of de-
colonization
in a
separate chapter.
(c)
Origins
and
types
of
succession
11.
It was
observed that
the
rules regulating succession varied considerably according
to the
origins
and
types
of the
succession.
In
cases
of
succession result
ng
from
decoloni-
zation,
for
example, progressive development
was
more important than
codification
because
many
of the
traditional rules were inapplicable.
78.
Some representatives urged that
the
draft
articles should
look
owards
the
future
and
cover
all the
possible causes
of
succession,
for
example
the
formati
>n and
dissolution
of
unions
of
States
and
confederations, dismemberment and,
in
genera
, all the
causes
of
succession which could occur
after
accession
to
independence. Othe
-s
considered that
51
United Nations
Conference
on the Law of
Treaties,
Official
Record:,
Documents
of the
Conference
(United Nations publication, Sales
No.:
E.70.V.5),
p.
287,
91
consideration
of
questions relating
to
protectorates,
mandates
and
trusteeships would
be
an
anachronism
and
divert
the
attention
of the
Commission
from
really important questions.
(d)
Distinction
between
multilateral treaties
and
bilateral treaties
79.
It was
felt
that
it was
necessary
to
draw
a
distinction between succession
to
multilateral
treaties
and
succession
to
bilateral treaties.
The
former were, generally
speaking, susceptible
of
uniform treatment. Bilateral treaties,
on the
other hand, gave
rise
to
varied
and
complex situations,
so
that
the
rules relating
to
succession
to
bilateral
treaties must
be
drafted with much greater
flexibility
and
care.
(e)
Definition
of the
term
"succession'1''
80.
Some representatives approved
the
fact
that
the
Special Rapporteur,
in the
relevant
article
of his
second
report52
(article
1
(a))
had
given
up the
notion
of
succession accepted
in
municipal law, which involved
the
devolution
of
rights
and
obligations,
in
favour
of a
definition
which
was
more neutral
and
appropriate
to
international
law:
"the replacement
of
one
State
by
another
in the
sovereignty
of
territory
or in the
competence
to
conclude
treaties with respect
to
territory".
These
representatives considered that such
a
definition
would
help
to
dissipate
the
confusion
created
by the
analogy between
the
ideas
of
succession
in
international
law and in
succession
in
municipal law.
It was
added that
the
definition
should
be
expanded
by the
inclusion
of a
reference
to the
subjective element
deriving
from
respect
for the
principle
of
self-determination
;
that would unequivocally indicate that
the
legal
consequences
of the
replacement
of
State sovereignty
or of the
competence
to
conclude
treaties with respect
to a
given territory were
not
automatic
but
dependent
on the
wishes
of
the
people
of the
territory.
81.
Other representatives, however, expressed some doubts
as to the
appropriateness
of
the
definition
proposed
and
felt
that
the
matter should
be
studied
in
greater depth.
It had to be
remembered that
the
concept
of
succession
was not
necessarily associated
with
that
of
territory.
It was
also observed that
the
definition
was not
broad enough,
since
it did not
cover
the
case
of a
revolutionary Government which
did not
consider
itself
bound
by all the
treaties concluded
by the
Government preceding
it.
Although properly
speaking
that
was a
case
of
succession
of
Governments,
it was to be
hoped that
the
Com-
mission
would provide some clarification
in
that respect.
82.
Lastly,
it was
commented that
the way in
which
the
question
of the
definition
of
the
term
"succession"
was
resolved would
to a
great extent determine
the
scope
of the
future
draft
articles.
(f)
Definition
of the
expression "new State"
83.
Certain representatives considered
the
definition
of the
expression "new State"
given
by the
Special Rapporteur
in his
third
report53
(article
1
())
to be
unsatisfactory,
and
agreed
on the
need
to
reconsider
it
with
a
view
to an
eventual modification
of the
definition.
To
define
a
"new
State"
as "a
succession where
a
territory which previously
formed
part
of an
existing
State
has
become
an
independent
State"
was not
historically
correct,
since many
new
States
had
recovered independence,
and not
acquired
it. In
addition,
all new
States
which
had
emerged
as a
result
of
decolonization
had
never formed
part
of the
metropolitan territory.
It was
also stated that
the
definition
did not
seem
appropriate
to
other causes
of
succession, such
as
unions
of
States.
52
A/CN.4/214
(reproduced
in the
Yearbook
of
the
International
Law
Commission,
1970, vol. II).
53
A/CN.4/224.
92
(g)
Area
of
territory passing from
one
State
to
anot
1er
84.
Doubt
was
expressed
as to
whether
a
provision
on
this question should
appear
in
the
context
of the
introductory articles,
and it was
felt
that
in its pr
:sent form
the
pro-
vision
proposed
by the
Special Rapporteur
in his
second
report
(article
2)
might
raise
difficulties
in
regard
to
problems
of
sovereignty
and
territorial
integrity.
(h)
Agreements
for the
devolution
of
treaty obligations
ai
d
rights
85.
Some representatives shared
the
view that
an
agreement
concluded
between
the
predecessor State
and the
successor State
for the
devolution
of
treaty
ob
ligations
and
rights
upon
a
succession could
not be
considered
a
source
of
treaty relations
be
tween
the
successor
State
and
third States.
It was
pointed
out
that
the
contrary
approacl
i
would
be
incom-
patible with articles
34 and 36 of the
Vienna Convention
on the Law c f
Treaties
and
with
customary international law.
It was
added that
the
Commission's
commentary
on the
provision,
as
eventually formulated, should
try to
clarify
the
nature
of
devolution agree-
ments
and of the
obligations which they involved.
86.
Certain representatives observed
that
devolution
agreement:,
provided
a
basis
on
which, with
the
acquiescence
of the
third
States concerned,
a
novatio
i
of
treaty relations
could occur
in
cases where
the
latter would
not
otherwise devolve. Such agreements,
like
the
unilateral declarations referred
to
below, were conducive
to a m
sasure
of
continuity
that
was
advantageous both
to the new
State
and to
third States.
Tl
e new
State would
suffer
most from
the
abrupt termination
on
independence
of a
large
part
of the
treaty
régime
previously applicable
to its
territory.
(i)
Unilateral declarations
87.
Some representatives likewise considered
it
correct
to say
that
a
general unilateral
declaration
by the
successor State regarding
the
maintenance
in
force
o '
treaties previously
applied
to its
territory
by the
predecessor State could
not by
itself
en
ate
treaty relations
between
the
successor State
and a
third
State.
Such treaty relations
could
be
based only
on
a
rule
of
international
law or on
specific
treaty provisions.
Tl
ese
representatives
therefore
considered
acceptable
the
basic principle enunciated
in the
provision
proposed
by
the
Special Rapporteur
in an
addendum
to his
second report
51
(artic
e 4). It was
stated
in
this connexion that general unilateral declarations constituted
a
bette
r
legal basis
for the
maintenance
in
force
of
treaties than
any
presumption
of
continuity,
but
that
the
real
problem
was
what
effect
they might
by
themselves produce
in
regard
:o the
maintenance
in
force
of a
given treaty.
(j)
General rule regarding
a
new
State's
obligations
in
resp
?ct
of its
predecessor's
treaties
88.
Support
was
expressed
for the
provision
on
this point proposed
by the
Special
Rapporteur
in his
third report (article
6),
which reads
as
follows:
"Subject
to the
provisions
of the
present articles,
a new Sta e is not
bound
by
any
treaty
by
reason only
of the
fact
that
the
treaty
was
conclude)
1
by its
predecessor
and was in
force
in
respect
of its
territory
at the
date
of the
sut
cession.
Nor is it
under
any
obligation
to
become
a
party
to
such treaty."
89.
Many representatives supported
the
fundamental principle enunciated
in
this
general
rule.
A new
State
was not
bound
by its
predecessor's
treaties
and was
under
no
54
A/CN.4/214/Add.2
(reproduced
in the
Yearbook
of the
International
Lew
Commission,
1970,
vol.
II).
93
obligation
to
become
a
party
to
such treaties, unless
it
expressly agreed
to do so.
Contem-
porary
positive international
law did not
sanction
the
so-called "theory
of
continuity"
in
respect
of
treaties,
nor
could
the
existence
of a
rule
in
favour
of
continuity
on the
basis
of
prevailing
State
practice
be
presumed.
The
principle
of
sovereign equality
of
States
and the
need
to
protect
new
States against
any
interference
in
their domestic
affairs
required
that
any
idea
of
"automatic"
succession
to
treaties concluded
by the
former administering
Powers should
be
rejected.
In
addition,
a
presumption
of
continuity, highly desirable
as it
might
appear
in
certain cases, would
conflict
with
the
principle
of
self-determination
laid down
in the
United Nations Charter.
90.
Some representatives stated that their support
for the
principle enunciated
in the
general rule
did not
mean that they approved
of the
extreme theory
of the
"clean
slate".
The
Commission should
now
give
thorough consideration
to the
various categories
of
treaties, especially "dispositive", "territorial"
or
"localized" treaties, with
a
view
to
determin-
ing
what exceptions
to the
general rule were pertinent.
91.
Certain representatives considered
it
impossible
to
assert that international
law
laid down absolute rules
on the
matter,
and
they consequently rejected
any
extreme theory.
State practice varied considerably
from
country
to
country,
and
very
few new
States syste-
matically
rejected
the
treaties concluded
by
their predecessors. Absolute application
of
the
proposed
general rule would create
difficulties,
because
the
question
of
succession
to
rights
was
interrelated
with
that
of
succession
to
obligations.
The
principle
of
self-
determination could
not be
disregarded,
but it
must
be
borne
in
mind that international
law
subjected that principle
to
limitations
based
on the
need
to
protect
the
geneial
interests
of
the
international community
and of
third States.
The
provision enunciated
in the
pro-
posed general rule could
be
acceptable
only
if it was
clearly established that
the
successor
State
was
bound
by
certain categories
of
treaties. These representatives reserved their
final
positions
on the
question until
the
Commission
had
considered
the
nature
and
scope
of
exceptions
to the
general rule, particularly
with
regard
to
"dispositive", "territorial"
or
"localized"
treaties.
92.
Other representatives also stressed
the
advantages
of
continuity
in
treaty relations.
A
proper
balance should
be
struck between
the
continuity
of
obligations
and the
necessity
of
not
holding
new
States
to
duties which they
had not
themselves undertaken.
The
Commission should therefore
carefully
examine
the
actual practice
of
States,
so
that
the
rules
which
it
formulated would have
due
regard
to the
interests
of the new
States,
the
predecessor State
and
third States.
93.
Various views were expressed
on the
scope
of
possible exceptions
to the
general
rule.
For
instance, certain representatives
felt
that
"territorial",
"dispositive"
or
"localized"
treaties should
in
principle constitute
one of the
exceptions. Others reserved their positions
with
regard
to
"dispositive"
or
"localized" treaties. Another view expressed
was
that
the
general rule applied especially
to
"territorial"
or
"dispositive" treaties.
In
this connexion,
it
was
stated that
the
Commission should avoid
giving
legal endorsement
to
situations
created
by old
treaties relating
to
colonial boundaries, which
had
been drawn
with
the
strategic
and
economic interests
of the
former administering Powers
in
mind, since that
would
conflict
with
the
universally
accepted principle
of
self-determination
and
would
be
contrary
to
General Assembly resolutions
1514
(XV)
and
1654
(XVI).
In the
case
of
such
treaties, succession could
not
take place without
the
freely
expressed consent
of all the
parties concerned.
The new
State
was
entitled
to
reclaim what
it had
previously held
as
a
right, particularly
if the
revindication
was
based
on its
people's
right
to
self-determination.
It was
also stated that
the
general rule should apply
to
so-called devolution treaties
and
that
new
States should
not be
able
to
evade
the
provisions
of
treaties
which
enunciated
rules
of
jus
cogens.
94
94.
Lastly,
the
view
was
expressed that consideration should
be gi
v'en
to
some special
situations, such
as the
problem
of the
implications
of the
legal nexus
t
tiat
was
established
in
the
case
of an
agreement entered into between
two
entities which
wen not
fully
sovereign
and
which
subsequently
at
different
times gained their sovereignty
and did not
repudiate
the
agreement.
(k)
Right
of a new
State
to
notify
its
succession
in
respect
of
min
tilateral
treaties
95.
Some representatives expressed complete agreement
with
the
provision
proposed
by
the
Special Rapporteur
in his
third report (article
7),
which
had
been supported
by
most members
of the
Commission. Some
of
them considered that
the
i
ight
of a new
State
to
notify
its
succession
in
respect
of
multilateral treaties
was
based
01 a
positive rule
of
customary law. Others took
the
view that,
if a
rule
of
customary
la
w
did
exist
on the
subject, that rule could
not be
based
on the
purely administrative prac
ice of
depositaries.
96. It was
suggested that
it
might
be
desirable
to set a
time-limit
within
which
the
new
State must
notify
its
intention
of
considering
itself
a
party
to
Multilateral
treaties
that
had
applied
to its
territory prior
to
independence.
The
view
was
expressed that
it
was
not
advisable
to
make
the
time-limit
too
short, since
a
study
of the r
Levant
instruments
was
a
long
and
delicate task
for new
States.
(1)
Settlement
of
disputes
97. It was
stated that
the
settlement
of
disputes arising
from
succession
in
respect
of
treaties should
be
entrusted
to the
International Court
of
Justice
so
s to
ensure proper
interpretation
and
application
of the
rules being codified.
D.
STATE
RESPONSIBILITY
98. A
number
of
representatives expressed satisfaction
at the
fact
that
the
Commission
had
continued
to
make progress
in
laying down
the
general
lines
to
)e
followed
in the
progressive development
and
codification
of the
complex topic
of
State responsibility
and
in
establishing
a
broad
initial
basis
of
agreement which would permit
the
tisk
to be
continued
with
the
greatest possible
prospects
of
success.
The
Special
Rapport*
ur, Mr.
Ago,
was
congratulated
on his
second report, entitled "The
origin
of
international
responsibility",55
in
which, after dealing
with
certain questions
of
method,
he
discussed
t
le
principle
of the
internationally
wrongful
act as a
source
of
responsibility,
the
conditions
for the
existence
of
an
internationally
wrongful
act,
and the
question
of
what
was
describe
1
as the
"capacity"
of
States
to
commit internationally
wrongful
acts.
The
general
conclusions
reached
by
the
Commission
on the
basis
of the
report were considered broadly
ac
:eptable.
99.
Some representatives stressed that consideration
of the
questii
m
should proceed
more rapidly than
had
thus
far
been
the
case.
They believed that
tl
e
reason
why the
codification
of
State responsibility
was
progressing
so
slowly
was
that
not
everyone
was
aware
of the
importance
of the
subject
in the
present international
political
context.
The
question
was in
point
of
fact extremely urgent, because
it was
linked
t > the
maintenance
of
international
peace
and
security.
Those
representatives considered
th,
it
special attention
should
be
paid
to
State responsibility
for
aggression,
the use of
armed
force, colonial
repression, racial discrimination
and
non-compliance
with
other
obligations
set
forth
in
the
United
Nations
Charter.
100. Other representatives supported
the
approach
adopted
by the
Commission,
under which
the
general
rules
defining
the
responsibility
of
States
wouk
be
defined
at the
55
A/CN.4/233.
95
outset, since
the
violation
of any
international legal rule could
in
fact entail responsibility.
That would also
facilitate
the
eventual consideration
of the
special questions arising
in
connexion
with responsibility
for
violations
of
spécifie rules
of
international law, such
as
those
relating
to the
maintenance
of
international
peace
and
security.
101.
Certain representatives were pleased that
the
Special Rapporteur
had
taken
as a
premise
the
existence
of an
international legal
order
which imposed obligations
on
subjects
of
international
law
which
were members
of the
international community. When-
ever
a
State violated
an
international obligation,
it
committed
a
wrongful
act for
which
it
was
accountable
to the
international community
as it was
juridically constituted.
The
wrongful
nature
of the act
derived from
the
violation
of the
obligations
set
forth
in the
legal rule,
and not
from
the
violation
of the
rule,
as was
often stated.
It was the
non-
fulfilment
of the
obligation—and
sometimes
the
exercise
of
rights beyond
the
bounds
of
the
rule—which
made
the act
wrongful. Certain representatives
felt
that
a
purely theoretical
study
based
on
initial
assumptions would
be
extremely dangerous,
and
criticized
the
tendency
in
the
Commission's report
to
allow States
not
directly
injured
by a
wrongful
act to
implicate
other States
on
grounds
of the
international responsibility
of the
latter.
102.
It was
considered desirable that there should
be an
analysis
of the
subjective
and
objective elements which must
be
present
for an
internationally wrongful
act to
exist.
It was
further
stated that
the
Commission should take
up the
question
of
"abuse
of
right"
in
due
course.
103.
Certain representatives
felt
that
it
would have been preferable
to
base
the
study
of
State responsibility
on the
"theory
of
risk", which rested
on the
objective notion
of
material
or
moral injury.
In
their view, that would have represented
a
step
forward
in
the
development
of law
from
the
economic
and
social point
of
view
and
would have avoided
the
complications arising
from
the
preference given
to
responsibility
for the
wrongful
act,
in
view
of the
difficulty
involved
in
drawing
up a
comprehensive
list
of
duties,
the
non-fulfilment
of
which determined
the
existence
of a
wrongful
act.
104. Some representatives stressed that,
in
addition
to
responsibility
for
wrongful
acts,
it was
necessary
to
study responsibility
for
lawful
acts. Some agreed that
the
Com-
mission could consider
the
latter question
separately
at a
later
stage
in its
work. Others
felt
that
the two
questions should
be
dealt with simultaneously.
It was
also observed
that
the two
forms
of
responsibility could
be
dealt with
in
parallel
but
separate studies.
Some representatives
felt
that responsibility
for
lawful
acts should cover
all
types
of
activities
giving
rise
to
such responsibility, such
as the
pollution
of the
oceans,
and
should
not be
restricted only
to
some
of
them (outer space
and
nuclear activities). Other representatives
said
that
it
would
be
useful
to
consider
a
third category
of
acts—such
as
pollution
of the
atmosphere
or the
oceans
with radioactive substances
or
deadly
gases—which,
because
of
their dangerous nature,
fell
half
way
between
lawful
and
wrongful acts.
105. With regard
to
questions
of
method,
a
number
of
representatives stressed
the
need
for a
careful
and flexible
approach
in
seeking practical solutions which could meet
with
general approval,
and
favoured
the
essentially inductive method proposed
by the
Special Rapporteur.
In
that connexion,
some
representatives were pleased that
the
Special
Rapporteur
had
been requested
in the
early stages
of the
work
to
preface each
draft
article
with
a
full
explanation
of the
reasons which
had led him to
propose
a
particular provision
and an
indication
of the
precedents
offered
by
practice
and
jurisprudence, together
with
the
various doctrinal views. Other representatives agreed with
the
Commission that
the
question
of
State responsibility
was one
where
the
progressive development
of
international
law
could play
a
particularly important part.
It
was
noted
in
that regard that
it
might
be
appropriate
to
send
a
questionnaire
to
Governments
in
order
to
give
the
Commission
assistance
in
applying
the
method
of
progressive development.
96
106.
Certain representatives
felt
that
the
Spanish expression
"A
'cho
ilicito"
should
be
replaced
by
"acto
ilicito".
The
word
"hecko"
was
extremely
vague
and
imprecise.
The
expression
"acto
ilicito",
on the
other hand, referred
to any
beiaviour
which
was
objectively
contrary
to law and
could apply both
to
acts
of
commission
a
id
acts
of
omission.
107.
It was
considered appropriate
that
the
Commission
had
decided
to
consider,
in
a first
phase,
the
origin
of
international responsibility and,
in a
sul
(sequent
phase,
the
content
of
that responsibility. However, some doubts were expressed
is
to the
possibility
of
keeping
the two
phases entirely separate.
It was
also agreed that
q
uestions
relating
to
the
responsibility
of
subjects
of
international
law
other than States
shoi
Id
be
left
to a
later
stage.
Lastly,
it was
stated
that
there
was
need
to
codify
the
rules
for
th
:
judicial settlement
of
disputes
and for the
implementation
of
compensation procedures
for
internationally
wrongful
acts.
E.
OTHER
DECISIONS
AND
CONCLUSIONS
OF THE
COMMIÎSION
1.
CELEBRATION
OF THE
TWENTY-FIFTH
ANNIVERSARY
OF THE
UNITED
NATIONS
108. Attention
was
drawn
to the
part played
by the
progressiv
development
and
codification
of
international
law in the
creation
of
favourable conditions
for the
attainment
of the
fundamental
objectives
of the
United Nations
and the
outstaiding
contribution
of
the
Commission,
within
its
terms
of
reference,
to the
attainment
cf
those objectives,
particularly through
the
preparation
of
drafts
which have served
as the ba
»is
for the
adoption
of
important codification conventions;
on the
occasion
of the
célébrai
ion of the
twenty-
fifth
anniversary
of the
United Nations, deep gratitude
was
expressed
o the
Commission
for
that contribution.
2. THE
MOST-FAVOURED-NATION CLAUSE
109.
Some representatives recalled that their countries were
par
icularly interested
in
the
study
of the
most-favoured-nation
clause.
The
question
of
tie
most-favoured-
nation clause
was of
special importance
for the
developing countries,
a
id
the
codification
of
the
legal norms relating
to it
would help
to
encourage international
ti
ade and
economic
co-operation
and
promote
the
development
of
international
trade
aw. The
Special
Rapporteur,
Mr.
Ustor,
was
congratulated
on his
second
report56
and 1 ope was
expressed
that
the
Commission
would
make progress
in its
consideration
of
th
topic
at its
next
sessions.
3. THE
QUESTION
OF
TREATIES
CONCLUDED
BETWEEN STATES
AND
INTER
NATIONAL
ORGANI-
ZATIONS
OR
BETWEEN
TWO OR
MORE INTERNATIONAL
ORGANL'.ATIONS
110.
Some representatives expressed approval
of the
arrangements
made
by the
Commission
with
a
view
to
considering
the
preliminary
problems
whict
the
study
of
that
new
item entailed,
in
pursuance
of
General Assembly
resolution
2501
(X>.IV)
of 12
Novem-
ber
1969.
In
particular, they approved
of the
decision
to
refer
cons deration
of
those
preliminary problems
to the
Sub-committee formed
for the
purpose. Certain represen-
tatives drew attention
to the
increasing significance
in
international
1 fe of the
role
of
treaties
concluded between States
and
international organizations
or bet
veen
two or
more
international organizations, citing
as an
example
the
agreements
between
States
and the
International Atomic Energy Agency concerning
the use of
atomic
erergy
for
peaceful
purposes.
It was
also observed that
the
importance
of
those types
cf
agreements
had
56
A/CN.4/228
and
Add.l.
97
been enhanced
by the
entry into force
of the
Treaty
on the
Non-Proliferation
of
Nuclear
Weapons
(General Assembly resolution 2373
(XXII)).
The
hope
was
expressed
that
the
Commission would receive maximum co-operation from
all the
principal international
organizations
and
particularly from their legal departments
to
assist
it in its
consideration
of
the
item.
4. THF
BRINGING
UP TO
DATE
OF THE
COMMISSION'S
LONG-TERM
PROGRAMME
OF
WORK
111.
All the
representatives
who
referred
to
this question expressed approval
of the
Commission's intention
of
bringing
up to
date
in
1971
its
long-term
programme
of
work,
taking into
account
the
General
Assembly
recommendations
and the
international com-
munity's
current needs,
and
discarding those
topics
on the
1949 list which
are no
longer
suitable
for
treatment. Some representatives said that they hoped that
the
Commission
would submit
to the
General
Assembly
at its
twenty-sixth session
a
revised long-term pro-
gramme
of
work.
In
that connexion,
the
opinion
was
expressed that
it
might
also
be
useful
to
establish
an
order
of
priority
for the
examination
of the
various items included
in the
programme.
112.
Pointing
out
that
the
world situation
had
changed considerably since
the
1949
list
had
been drawn
up,
some
representatives
considered
that
the
Commission
should
revise
the
programme
with
a
view
to the
future
by
taking into account
the
needs
of
States
and of
the
international community
in the
coming years
and
should concentrate
on the
topics
of
international
law
which
could
best
contribute
to the
development
of
international
relations
in
conformity
with
the
United Nations Charter.
113.
Lastly,
it was
suggested that
it
would
be
useful
to
study such questions
as
various
aspects
of
humanitarian law, aerial
piracy,57
protection
of
members
of
diplomatic
and
consular missions (see
para.
14
above), international
watercourses58
and
historic
bays.59
It was
also
stated
that
consideration
should
be
given
to
methods
for the
peaceful settlement
of
legal disputes with
a
view
to
ensuring that progress regarding
the
substance
of the
rules
of
international
law was
matched
by
progress
in the
procedural
field.
Because60
codifying
norms
could
be
applied
or
interpreted differently,
it was
essential
to
develop
appropriate
means
for
settling disputes
to
which their application
or
interpretation might give rise.
5.
ORGANIZATION
OF
FUTURE
WORK
114.
Those representatives
who
spoke supported
the
view that
the
Commission should
proceed
at its
next session
to the
second
reading
of the
draft articles
on
representatives
of
States
to
international organizations,
with
the
object
of
presenting
to the
General Assembly
57
At its
twenty-fourth
session,
the
General
Assembly
adopted
resolution
2551
(XXIV)
of
12
December 1969,
entitled
"Forcible
diversion
of
civil
aircraft
in
flight".
At its
current
session
the
General
Assembly
allocated
to the
Sixth
Committee
the
item
entitled
"Aerial
hijacking
or
inter-
ference
with
civil
air
travel"
(agenda
item
99).
58
In
1959,
the
General
Assembly
adopted
resolution
1401
(XIV)
on
"Preliminary
studies
on the
legal
problems
relating
to the
utilization
and use of
international
rivers".
At its
current
session
the
General
Assembly
allocated
to the
Sixth
Committee
the
item entitled "Progressive development
and
codification
of the
rules
of
international
law
relating
to
international
watercourses"
(agenda
item
91).
59
In
accordance
with
General Assembly resolution 1453
(XIV),
the
International
Law
Commis-
sion
included
in its
programme
of
work
the
item
entitled
"General
Assembly
resolution 1453 (XIV)
on the
study
of the
juridical
régime
of
historic
waters,
including
historic
bays".
60
At its
current
session
the
General
Assembly
allocated
to the
Sixth
Committee
the
item
entitled
"Review
of the
role
of the
International
Court
of
Justice"
(agenda
item
96).
98
at its
twenty-sixth
session
a final
draft
on the
question
of
relations
betw
'en
States
and
inter-
national organizations,
and to
complete
at
that
session
the first
reading
of the
draft articles
on
succession
in
respect
of
treaties.
It was
also agreed that
the
Commission should begin
its
discussion
of the first
series
of
draft
articles
on
State
responsibility
and
continue con-
sideration
of
succession
in
respect
of
matters other than treaties
and the
most-favoured-
nation clause
and of
preliminary problems relating
to the
question
o
treaties concluded
between
States
and
international organizations
or
between
two or
more
international
organizations. This
view
was
reflected
in
paragraph
4 of the
twen
y-nine-Power
draft
resolution (A/C.6/L.795).
115.
Various opinions were expressed
with
regard
to the
conve
ling
of a
fourteen-
week
session
for
1971,
as
mentioned
in
paragraphs
86 and 104 of the
rej
ort of the
Commis-
sion.
Most
representatives
who
took
part
in the
discussion believe
1
that
the
General
Assembly
should give
the
Commission
the
facilities
which
the
latter d(emed necessary
for
the
completion
of the
above-outlined programme
of
work,
in
particular
the
second reading
of
the
draft
articles
on
relations between States
and
international
organisations
and the first
reading
of
draft
articles
on
succession
of
States
in
respect
of
treaties,
b
:fore
the end of the
term
of
office
of its
present members. Those representatives therefore
s
jpported
the
fourth
preambular
paragraph
and
paragraph
3 of the
draft
resolution.
Oiher
representatives
reiterated
their countries' traditional backing
for the
Commission's
worl
on the
progressive
development
and
codification
of
international
law but
could
not
suppc
rt the
proposal
for
an
extended
session
in
view
of the
additional burden
it
would place
upc n the
heavy budget
of the
United Nations. They held that improved organization
of the
i
icthods
of
work
of
the
Commission would enable
it
successfully
to
complete
the
anticipate
i
work programme
within
the
normal ten-week session, particularly since
the
only task
r
:quiring
immediate
action
was the
conclusion
of the
draft
articles
on
representatives
of
States
to
international
organizations.
Those representatives supported
the
third amendm
:nt of the
USSR
(A/C.6/L.797).
Lastly, other representatives expressed reservations
reg;
rding
the
adoption
of
measures which,
like
the
proposed extension
of the
normal session,
were
of
questionable
utility
and
entailed
increased expenditure
for the
United Nations.
Sc
me
representatives
in the
latter group ultimately accepted
the
view
of the
majority,
while
others
refrained
from
taking
a
position
on the
matter.
6.
PREPARATION
OF A NEW
EDITION
OF THE
PUBLICATION
The
Work
/
the
International
Law
Commission
AND OF THE
DOCUMENT ENTITLED "SUMMARY
OF
TF
E
PRACTICE
OF THE
SECRETARY-GENERAL
AS
DEPOSITARY
OF
MULTILATERAL
AGREEMENTS'
116.
Divergent views were expressed regarding
the
Commission's
request
to the
Secretary-General
to
prepare
a new
edition
of the
publication
entitlec
The
Work
of the
International
Law
Commission,61
with
a
view
to
incorporating therein
a
summary
of the
latest
developments
of the
work
of the
Commission
as
well
as the
texts
of new
drafts pre-
pared
by it and
codification conventions recently adopted. Some represe
itatives
considered
that,
although
the
publication
was
useful,
it was not
really necessary,
ind
said that they
could
not
support
that
proposal
in
view
of the
increased expenditure
it
entailed
for the
United
Nations. Some representatives
did not
take
a
position
on
tie
matter. Others
favoured
the
preparation
of the new
edition
and
supported
paragraph
5 of the
draft
resolution.
117.
There
was
unreserved support
for the
preparation
of a
new
edition, brought
up to
date,
of the
document
entitled
"Summary
of the
practice
of the
Secretary-General
61
United
Nations
publication,
Sales
No.:
67.V.4.
99
as
depositary
of
multilateral
agreements",62
published
in
1959,
in
view
of the
reasons
indicated
by the
Commission
in
paragraph
91 of its
report.
7.
RELATIONS WITH
THE
INTERNATIONAL
COURT
OF
JUSTICE
118.
A
number
of
representatives welcomed
the
fact
that
the
contacts established
between
the
International Court
of
Justice
and the
Commission continued, thereby contri-
buting
to
better
mutual
understanding
of the
concerns
and
activities
of
those bodies.
8.
CO-OPERATION WITH OTHER BODIES
119.
Various representatives noted
with
satisfaction
the
continued maintenance
and
development
of
relations established several years earlier between
the
Commission
and the
Asian-African
Legal Consultative Committee,
the
European Committee
on
Legal
Co-
operation
and the
Inter-American Juridical Committee. Stressing
the
importance
of
those
regional
juridical bodies'
activities
for the
progressive development
and
codification
of
international
law by the
United Nations, some representatives
felt
that
existing
co-operation
should
be
enhanced
further
in
order
to
develop
an
even more
effective
exchange
of
inform-
ation
and
experience between
the
Commission
and
those bodies.
120.
A
number
of
representatives noted that their countries
had
recently become
full
members
of the
Asian-African
Legal
Consultative Committee. Others pointed
out
that,
since
the
Charter
of the
Organization
of
American States
had
been revised,
the
Inter-
American
Juridical Committee
had
become
one of its
principal organs. Lastly, other
representatives
said that
the
extensive programme
of
work
of the
European Committee
on
Legal Co-operation included various aspects
of
public international
law of
particular
relevance
to the
current work
of the
Commission,
and
recalled that
the
European Committee
had
recently made
a
study
of
privileges
and
immunities
of
international organizations
and
persons connected with them, which
had
been communicated
to the
Commission.
9.
SEMINAR
ON
INTERNATIONAL
LAW
121.
Those
representatives
who
referred
to
this item
expressed
their satisfaction with
the
success
of the
sixth
session
of the
Seminar
on
International
Law and
expressed their
gratitude
to the
members
of the
Commission, professors
and
members
of the
Secretariat
who had
participated
in it and to the
United Nations
Office
at
Geneva
for the way in
which
the»new
session
of the
Seminar
had
been organized,
in
particular
for the
fact
that
it had
entailed
no
costs
for the
United Nations.
It was
also
considered very appropriate that
the
1970 Seminar
had
been designated
the
"Gilberto
Amado
Session"
in a
tribute
to the
memory
of the
recently deceased Brazilian jurist
a
former member
of the
Commission,
who
had
been
an
illustrious international
figure,
and it was
suggested
that
the
possibility
should
be
considered
of
naming
a
series
of
sessions
after
him or of
establishing
a
permanent
conference
in his
name within
the
Seminar.
122.
Many representatives pointed
out
that
the
Seminar enabled students
of
inter-
national
law and
young
officials
responsible
in
their
own
countries
for
matters relating
to
international
law to
familiarize
themselves
with
the
Commission's work
and to
have valuable
exchanges
of
views with
its
members, thus
fostering
a
better appreciation
and
wider disse-
mination
of
international law.
The
special importance
of the
Seminar
for
participants
of
developing countries
was
stressed.
A
number
of
representatives thanked
the
States which
had
provided scholarships
for
participants from developing countries
and
expressed
the
hope
that similar assistance would
be
offered
for
future
sessions
of the
Seminar.
62
ST/LEG/7.
100
123.
The
recommendation
that future sessions
of the
Seminar
should
be
held
in
con-
junction with
the
Commission's forthcoming sessions
met
with
general
approval.
Four
representatives
announced that their Governments
had
provided
or
planned
to
provide
a
scholarship
for the
1971 session
of the
Seminar.
A
great number
of :
epresentatives were
in
favour
of the
suggestion made during
the
debate
to the
effect
that those organizing
the
Seminar should
do
everything possible within
the
framework
of t
ic
present arrange-
ment,
to
enable
the
young jurists
who
participated
in the
work
of th î
Sixth
Committee,
especially
those from
the
developing countries,
to be
given
the
oppoitunity
to
take part
in
the
sessions
of the
Seminar, thereby helping
to
strengthen
the
close bond
which
existed
between
the
Sixth Committee
and
the
Commission; others said that
participation
in the
Seminar
should
be as
wide
as
possible
in
order
to
assist
all
those
wishing
to
acquire
a
deeper
knowledge
of
international law. Lastly,
the
Committee supported
the s
jggestion
contained
in
paragraph
109 of the
report
of the
Commission that Spanish should
be
made
a
working
language
of the
Seminar
on a
footing
with
French
and
English.
IV.
VOTING
124.
At its
1200th meeting,
on 14
October 1970,
after
the
represer
tative
of the
Union
of
Soviet Socialist Republics
indicated
that
he
would
not
insist
on a
vo:e
on
all
its
amend-
ments
(A/C.6/L.797)
but
only
on the
third
and
seventh amendments,
the
Sixth Committee
voted
on
those
two
amendments
and
later
on the
twenty-nine-Pow
:r
draft
resolution
(A/C.6/L.795),
as
follows:
(a)
By a
roll-call vote
of 60 to
12,
with
24
abstentions,
it
rejected
tl
e
third amendment
of
the
USSR.
The
voting
was as
follows:
In
favour:
Bulgaria, Byelorussian Soviet Socialist Republic,
Cuba,
Czechoslovakia,
France,
Hungary. Mongolia, Poland, Romania, Ukrainian Soviet
Socialist
Republic,
Union
of
Soviet Socialist Republics, United Republic
of
Tanzania.
Against:
Algeria, Argentina, Australia, Austria, Belgium,
Bolivi;,
Brazil, Burundi,
Cameroon, Canada, Central
African
Republic,
Ceylon,
Chile, China, Colombia, Congo
(Democratic Republic of), Cyprus, Denmark,
Ecuador,
El
Salvador Finland,
Ghana,
Greece,
Guatemala,
Haiti, India, Israel, Italy, Ivory
Coast,
Jamaica,
Japan,
Kenya,
Lesotho,
Liberia, Madagascar, Malaysia, Mexico,
Morocco,
Nepal, Netherlards,
New
Zealand,
Nicaragua, Niger, Nigeria, Norway, Pakistan, Rwanda, Senegal, Sierra Leone, Singapore,
Spain, Sweden, Thailand,
Togo,
Uganda, United States
of
America,
U
oiguay,
Venezuela,
Yugoslavia, Zambia.
Abstaining:
Afghanistan, Burma, Cambodia, Gabon, Guyana, Indonesia, Iran,
Kuwait,
Laos,
Libya, Mali,
People's
Republic
of the
Congo,
Philippin
îs,
Portugal,
Saudi
Arabia, South Africa, Southern Yemen, Sudan, Syria, Trinidad
and
Tobago,
Tunisia,
Turkey, United Kingdom
of
Great
Britain
and
Northern Ireland,
Yemt
n.
(b)
By a
roll-call vote
of 28 to
16,
with
52
abstentions,
it
rejected
the
eventh amendment
of
the
USSR.
The
voting
was as
follows:
In
favour
:
Algeria, Australia, Belgium, Bulgaria, Byelorussian Soviet Socialist Republic,
Cuba, Czechoslovakia,
France,
Hungary, Iran, Mongolia, Poland,
Romania,
Ukrainian
Soviet Socialist Republic, Union
of
Soviet Socialist Republics, United
Republic
of
Tanzania.
Against:
Argentina, Austria, Brazil, Canada, Central
African
Republic, Chile, China,
Colombia, Denmark,
Ecuador,
Finland,
Greece, Haiti,
Israel,
Kenya,
Madagascar,
Morocco,
Netherlands,
New
Zealand, Nicaragua, Niger, Nigeria, Norv
ay,
Senegal, Sierra
Leone, Sweden, Thailand, Yugoslavia.
101
Abstaining: Afghanistan, Bolivia, Burundi, Cambodia, Cameroon, Ceylon,
Congo
(Democratic Republic of), Cyprus,
El
Salvador, Gabon, Ghana, Guatemala, Guyana,
India,
Indonesia,
Italy,
Ivory
Coast,
Jamaica, Japan, Kuwait, Laos, Lesotho, Liberia,
Libya, Malaysia,
Mali,
Mexico, Nepal, Pakistan, People's Republic
of the
Congo,
Philip-
pines, Portugal, Rwanda, Saudi Arabia, Singapore, South Africa, Southern Yemen,
Spain, Sudan, Syria,
Togo,
Trinidad
and
Tobago,
Tunisia, Turkey, Uganda, United
Kingdom
of
Great
Britain
and
Northern Ireland, United States
of
America, Uruguay,
Venezuela,
Yemen, Zambia.
(c)
By a
roll-call
vote
of 81 to 4,
with
11
abstentions,
it
adopted
the
twenty-nine-
Power
draft
resolution
(A/C.6/L.795).
The
voting
was as
follows:
In
favour:
Afghanistan, Algeria, Argentina, Australia, Austria, Belgium, Bolivia,
Brazil,
Burma, Cambodia, Cameroon, Canada, Central African Republic, Ceylon, Chile,
China,
Colombia, Congo (Democratic Republic of), Cyprus, Denmark, Ecuador,
El
Salvador,
Finland, Ghana, Greece, Guatemala, Guyana, Haiti, India, Indonesia, Iran,
Israel,
Italy,
Ivory
Coast,
Jamaica,
Japan,
Kenya, Kuwait,
Laos,
Lesotho,
Liberia, Libya,
Madagascar, Malaysia, Mali, Mexico, Morocco, Nepal, Netherlands,
New
Zealand,
Nicaragua, Niger, Nigeria, Norway, Pakistan,
People's
Republic
of the
Congo,
Philippines,
Romania, Saudi Arabia, Senegal, Sierra Leone, Singapore, South Africa, Southern Yemen,
Spain, Sudan, Sweden, Syria, Thailand,
Togo,
Trinidad
and
Tobago,
Tunisia, Turkey,
Uganda, United Kingdom
of
Great Britain
and
Northern Ireland, United States
of
America,
Uruguay, Venezuela, Yemen, Yugoslavia, Zambia.
Against:
Byelorussian Soviet Socialist Republic, Mongolia, Ukrainian Soviet Socialist
Republic, Union
of
Soviet Socialist Republics.
Abstaining: Bulgaria, Burundi, Cuba, Czechoslovakia, France, Gabon, Hungary,
Poland, Portugal, Rwanda, United Republic
of
Tanzania.
125.
At the
same meeting,
the
representatives
of
Italy,
France,
Australia, Romania,
the
Ukrainian Soviet Socialist Republic, Hungary. Poland, Iran, Bulgaria, Gabon, Portugal,
Mongolia, Czechoslovakia, Canada,
the
United Republic
of
Tanzania,
and
Algeria made
statements
in
explanation
of
vote.
Recommendation
of the
Sixth
Committee
126.
The
Sixth Committee recommends
to the
General Assembly
the
adoption
of
the
following
draft
resolution:
REPORT
OF THE
INTERNATIONAL
LAW
COMMISSION
[Text adopted
by the
General Assembly without change.
See
"Resolution
adopted
by the
General
Assembly''1
below.]
(b)
Resolution
adopted
by the
General Assembly
At
its
1093rd plenary meeting,
on 12
November 1970,
the
General Assembly adopted
the
draft resolution submitted
by the
Sixth Committee (para.
126
above).
For the final
text
see
resolution 2634 (XXV) below.
102
2634 (XXV). Report
of the
International
Law
Commis ;ion
The
General Assembly,
Having
considered
the
report
of the
International
Law
Commission
on the
work
of
its
twenty-second
session,63
Emphasizing
the
need
for the
further
codification
and
progresses
development
of
international
law in
order
to
make
it a
more
effective
means
of
implementing
the
purposes
and
principles
set
forth
in
Articles
1 and 2 of the
Charter
of the
Unit»
d
Nations
and to
give
increased importance
to its
role
in
relations among nations,
Noting with satisfaction that
at its
twenty-second session
the
Intern
itional
Law
Com-
mission completed
its
provisional
draft
articles
on
relations between State
;
and
international
organizations,
continued
the
consideration
of
matters concerning
th
codification
and
progressive development
of the
international
law
relating
to
succession
(
f
States
in
respect
of
treaties
and
State
responsibility
and
included
in its
programme
of
we
rk the
question
of
treaties concluded between States
and
international organizations
or
between
two or
more
international
organizations,
as
recommended
by the
General Assembly
in
resolution
2501
(XXIV)
of 12
November
1969,
Noting
further that
the
International
Law
Commission
has
proposed
o
hold
a
fourteen-
week
session
in
1971
in
order
to
enable
it to
complete
the
second
reading
«
>f
the
draft articles
on
relations between States
and
international organizations
and the fin t
reading
of
draft
articles
on
succession
of
States
in
respect
of
treaties before
the end of the
term
of
office
of its
present members,
Noting with appreciation that
the
United
Nations
Office
at
Geneva organized, during
the
twenty-second session
of the
International
Law
Commission,
a si.
;th
session
of the
Seminar
on
International
Law,
1.
Takes note
of the
report
of the
International
Law
Commissio
i
on the
work
of
its
twenty-second
session;
2.
Expresses
its
profound
gratitude
to the
International
Law Co
nmission,
on the
occasion
of the
celebration
of the
twenty-fifth
anniversary
of the
Unite
d
Nations,
for its
outstanding
contribution
to the
achievements
of the
Organization
during
this
period,
particularly
through
the
preparation
of
drafts
which have served
as the bas s for the
adoption
of
important codification conventions,
and
expresses
its
appreciation
tc the
Commission
for
the
valuable work
it
accomplished during
its
twenty-second session;
3.
Approves
the
programme
and
organization
of
work
of the
session planned
by the
International
Law
Commission
for
1971,
as
well
as its
intention
to
bring
up to
date
its
long-term
programme
of
work;
4.
Recommends that
the
International
Law
Commission should:
(d)
Continue
its
work
on
relations between States
and
international organizations,
taking
into
account
the
views expressed
at the
twenty-third, twenty-fourt
\ and
twenty-fifth
sessions
of the
General Assembly
and the
comments which
may be
subn
litted
by
Govern-
ments, with
the
object
of
presenting
in
1971
a final
draft
on the
topic;
(b)
Continue
its
work
on
succession
of
States, taking into
accouit
the
views
and
considerations referred
to in
General Assembly resolutions
1765
(XVII)
of
^
0
November
1962
and
1902 (XVIII)
of 18
November 1963, with
a
view
to
completing
in
1971
the first
reading
63
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Supple
me
it
No. 10
(A/8010/
Rev.l).
103
of
draft articles
on
succession
of
States
in
respect
of
treaties
and
making progress
in the
consideration
of
succession
of
States
in
respect
of
matters other than treaties;
(c)
Continue
its
work
on
State responsibility, taking into account
the
views
and
con-
siderations
referred
to in
General Assembly resolutions
1765
(XVIT)
of 20
November
1962,
1902 (XVIII)
of 18
November 1963
and
2400 (XXIII)
of 11
December 1968;
(d)
Continue
its
study
of the
most-favoured-nation clause;
(e)
Continue
its
consideration
of the
question
of
treaties concluded between States
and
international organizations
or
between
two or
more international
organizations;
5.
Endorses
the
decision
of the
International
Law
Commission
to
request
the
Secretary-
General
to
prepare
new
editions, brought
up to
date,
of the
publication entitled
The
Work
of
the
International
Law
Commission64
and of the
document entitled "Summary
of the
practice
of the
Secretary-General
as
depositary
of
multilateral
agreements"
;65
6.
Expresses
the
wish
that,
in
conjunction
with
future
sessions
of the
International
Law
Commission,
other
seminars might
be
organized, which
should
continue
to
ensure
the
participation
of an
increasing number
of
nationals
of
developing countries,
and
supports
the
suggestion contained
in the
Commission's report concerning
the use of
Spanish
as a
working
language
of the
Seminar
on
International
Law;66
7.
Requests
the
Secretary-General
to
forward
to the
International
Law
Commission
the
records
of the
discussion
on the
report
of the
Commission
at the
twenty-fifth
session
of
the
General Assembly.
]
903rd
plenary meeting,
12
November
1970.
11.
CONSIDERATION
OF
PRINCIPLES
OF
INTERNATIONAL
LAW
CON-
CERNING FRIENDLY RELATIONS
AND
CO-OPERATION AMONG
STATES
IN
ACCORDANCE WITH
THE
CHARTER
OF THE
UNITED
NATIONS: REPORT
OF THE
SPECIAL COMMITTEE
ON
PRINCIPLES
OF
INTERNATIONAL
LAW
CONCERNING FRIENDLY RELATIONS
AND
CO-OPERATION AMONG STATES (AGENDA ITEM
85)
Resolution
[2625
(XXV)]
adopted
by the
General
Assembly
2625
(XXV). Declaration
on
Principles
of
International
Law
concerning Friendly Relations
and
Co-operation among
States
in
accordance
with
the
Charter
of the
United
Nations
The
General
Assembly,
Recalling
its
resolutions
1815
(XVII)
of
18
December
1962, 1966 (XVIII)
of
16
Decem-
ber
1963, 2103 (XX)
of 20
December 1965, 2181 (XXI)
of 12
December
1966, 2327 (XXII)
of
18
December 1967, 2463 (XXIII)
of 20
December 1968
and
2533 (XXIV)
of 8
December
1969,
in
which
it
affirmed
the
importance
of the
progressive development
and
codification
of the
principles
of
international
law
concerning
friendly
relations
and
co-operation among
States,
64
United
Nations
publication,
Sales
No.:
67.V.4.
65
ST/LEG/7.
88
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Supplement
No. 10
(A/8010/
Rev.l),
para. 109.
104
Having
considered
the
report
of the
Special Committee
on
Principl
es of
International
Law
concerning Friendly Relations
and
Co-operation among
States,67
w rich met in
Geneva
from
31
March
to
1
May
1970,
Emphasizing
the
paramount importance
of the
Charter
of the
United
Nations
for the
maintenance
of
international peace
and
security
and for the
development
of
friendly
relations
and
co-operation among States,
Deeply
convinced that
the
adoption
of the
Declaration
on
Principl
îs
of
International
Law
concerning Friendly Relations
and
Co-operation among States
i \
accordance
with
the
Charter
of the
United Nations
on the
occasion
of the
twenty-fifth
anniversary
of the
United Nations would contribute
to the
strengthening
of
world
peace
and
constitute
a
landmark
in the
development
of
international
law and of
relations among
States,
in
promoting
the
rule
of law
among nations
and
particularly
the
universal application
of the
principles
embodied
in the
Charter,
Considering
the
desirability
of the
wide dissemination
of the
text
c f the
Declaration,
1.
Approves
the
Declaration
on
Principles
of
International
Law
concerning Friendly
Relations
and
Co-operation among States
in
accordance with
the Cha ter of the
United
Nations,
the
text
of
which
is
annexed
to the
present resolution
;
2.
Expresses
its
appreciation
to the
Special Committee
on
Principl
;s
of
International
Law
concerning Friendly Relations
and
Co-operation among States
for its
work resulting
in
the
elaboration
of the
Declaration
;
3.
Recommends that
all
efforts
be
made
so
that
the
Declaration
îecomes
generally
known.
1883rd
i
lenary
meeting,
2i
October 1970.
ANNEX
DECLARATION
ON
PRINCIPLES
OF
INTERNATIONAL
LAW
CONCERNING
FRIEND),Y
RELATIONS
AND
CO-OPERATION
AMONG
STATES
IN
ACCORDANCE
WITH
THE
CHARTER
OF
THE
UNITED
NATIONS
PREAMBLE
The
General Assembly,
Reaffirming
in the
terms
of the
Charter
of the
United Nations that
the
m;
intenance
of
inter-
national
peace
and
security
and the
development
of
friendly
relations
and co
operation between
nations
are
among
the
fundamental purposes
of the
United
Nations,
Recalling
that
the
peoples
of the
United Nations
are
determined
to
practise
tolerance
and
live
together
in
peace
with
one
another
as
good neighbours,
Bearing
in
mind
the
importance
of
maintaining
and
strengthening
internat»
>nal
peace
founded
upon freedom, equality, justice
and
respect
for
fundamental human rights
and of
ieveloping
friendly
relations among nations irrespective
of
their political, economic
and
social
systems
or the
levels
of
their development,
Bearing
in
mind also
the
paramount importance
of the
Charter
of the Uni
:ed
Nations
in the
promotion
of the
rule
of law
among nations,
Considering
that
the
faithful
observance
of the
principles
of
international
law '
'.oncerning
friendly
relations
and
co-operation among States
and the
fulfilment
in
good
faith
of the o
Dligations
assumed
by
States,
in
accordance
with
the
Charter,
is of the
greatest importance
for the mi
intenance
of
inter-
national peace
and
security
and for the
implementation
of the
other purposes
oft
ic
United Nations,
67
Ibid.,
Supplement
No. 18
(A/8018).
105
Noting that
the
great political, economic
and
social changes
and
scientific
progress
which
have
taken
place
in the
world since
the
adoption
of the
Charter give increased importance
to
these
principles
and to the
need
for
their more
effective
application
in the
conduct
of
States wherever carried
on,
Recalling
the
established principle that outer
space,
including
the
Moon
and
other celestial
bodies,
is not
subject
to
national appropriation
by
claim
of
sovereignty,
by
means
of use or
occupa-
tion,
or by any
other
means,
and
mindful
of the
fact
that
consideration
is
being given
in the
United
Nations
to the
question
of
establishing other appropriate provisions
similarly
inspired,
Convinced
that
the
strict observance
by
States
of the
obligation
not to
intervene
in the
affairs
of
any
other State
is an
essential condition
to
ensure that nations
live
together
in
peace
with
one
another, since
the
practice
of any
form
of
intervention
not
only violates
the
spirit
and
letter
of the
Charter,
but
also leads
to the
creation
of
situations
which threaten
international
peace
and
security,
Recalling
the
duty
of
States
to
refrain
in
their international relations
from
military,
political,
economic
or any
other
form
of
coercion aimed against
the
political independence
or
territorial
integrity
of any
State,
Considering
it
essential that
all
States
shall
refrain
in
their international relations
from
the
threat
or use of
force against
the
territorial integrity
or
political independence
of any
State,
or in
any
other
manner
inconsistent with
the
purposes
of the
United
Nations,
Considering
it
equally essential that
all
States shall settle their international disputes
by
peace-
ful
means
in
accordance
with
the
Charter,
Reaffirming,
in
accordance with
the
Charter,
the
basic importance
of
sovereign equality
and
stressing that
the
purposes
of the
United Nations
can be
implemented only
if
States enjoy sovereign
equality
and
comply
fully
with
the
requirements
of
this
principle
in
their
international relations,
Convinced
that
the
subjection
of
peoples
to
alien subjugation, domination
and
exploitation
constitutes
a
major obstacle
to the
promotion
of
international peace
and
security,
Convinced
that
the
principle
of
equal rights
and
self-determination
of
peoples constitutes
a
significant
contribution
to
contemporary international
law,
and
that
its
effective
application
is of
paramount importance
for the
promotion
of
friendly
relations among States, based
on
respect
for
the
principle
of
sovereign equality,
Convinced
in
consequence that
any
attempt aimed
at the
partial
or
total
disruption
of the
national
unity
and
territorial integrity
of a
State
or
country
or at its
political independence
is
incompatible
with
the
purposes
and
principles
of the
Charter,
Considering
the
provisions
of the
Charter
as a
whole
and
taking into
account
the
role
of
relevant
resolutions adopted
by the
competent organs
of the
United Nations relating
to the
content
of the
principles,
Considering
that
the
progressive development
and
codification
of the
following
principles:
(a) The
principle
that
States
shall
refrain
in
their international relations from
the
threat
or use
offeree
against
the
territorial integrity
or
political independence
of any
State,
or in any
other manner
inconsistent
with
the
purposes
of the
United Nations,
(b)
The
principle that States shall settle their international disputes
by
peaceful means
in
such
a
manner that international
peace
and
security
and
justice
are not
endangered,
(c)
The
duty
not to
intervene
in
matters
within
the
domestic
jurisdiction
of any
State,
in
accord-
ance
with
the
Charter,
(d)
The
duty
of
States
to
co-operate
with
one
another
in
accordance with
the
Charter,
(e)
The
principle
of
equal rights
and
self-determination
of
peoples,
(/) The
principle
of
sovereign
equality
of
States,
(g)
The
principle that States shall
fulfil
in
good
faith
the
obligations assumed
by
them
in
accord-
ance
with
the
Charter,
so as to
secure their more
effective
application
within
the
international
com-
munity,
would promote
the
realization
of the
purposes
of the
United Nations,
Having
considered
the
principles
of
international
law
relating
to
friendly
relations
and
co-opera-
tion among
States,
1.
Solemnly
proclaims
the
following
principles:
106
The
principle
that
States
shall
refrain
in
their international relations fron
the
threat
or use of
force against
the
territorial integrity
or
political
independence,
of any ,
ïtate,
or in any
other
manner inconsistent with
the
purposes
of the
United Nations
Every State
has the
duty
to
refrain
in its
international relations fron
the
threat
or use of
force against
the
territorial integrity
or
political independence
of any S
ate,
or in any
other
manner inconsistent
with
the
purposes
of the
United Nations. Such
a
threat
or use of
force
constitutes
a
violation
of
international
law and the
Charter
of the
Unit
d
Nations
and
shall
never
be
employed
as a
means
of
settling international issues.
A
war of
aggression
constitutes
a
crime against
the
peace,
for
which here
is
responsibility
under
international law.
In
accordance
with
the
purposes
and
principles
of the
United Nati
ans,
States
have
the
duty
to
refrain from propaganda
for
wars
of
aggression.
Every
State
has the
duty
to
refrain from
the
threat
or use of
force
t
>
violate
the
existing
international boundaries
of
another
State
or as a
means
of
solving
internal
mal
disputes, includ-
ing
territorial disputes
and
problems concerning frontiers
of
States.
Every
State
likewise
has the
duty
to
refrain from
the
threat
or use of 1
orce
to
violate
inter-
national lines
of
demarcation, such
as
armistice lines, established
by or
\
ursuant
to an
inter-
national
agreement
to
which
it is a
party
or
wnich
it is
otherwise bound
to
-espect.
Nothing
in
the
foregoing shall
be
construed
as
prejudicing
the
positions
of the
paities
concerned with
regard
to the
status
and
effects
of
such
lines
under their special régimes
or as
affecting their
temporary character.
States
have
a
duty
to
refrain
from acts
of
reprisal involving
the use
if
force.
Every
State
has the
duty
to
refrain
from
any
forcible action which depr
ves
peoples
referred
to in the
elaboration
of the
principle
of
equal rights
and
self-determinat
on of
their right
to
self-determination
and
freedom
and
independence.
Every
State
has the
duty
to
refrain from organizing
or
encouraging
the
organization
of
irregular forces
or
armed bands,
including
mercenaries,
for
incursion into
the
territory
of
another
State.
Every
State
has the
duty
to
refrain from organizing, instigating,
assisiing
or
participating
in
acts
of
civil
strife
or
terrorist acts
in
another State
or
acquiescing
in
organized activities
within
its
territory directed towards
the
commission
of
such
acts,
when
th:
acts
referred
to in
the
present paragraph involve
a
threat
or use of
force.
The
territory
of a
State shall
not be the
object
of
military occupatior resulting from
the
use of
force
in
contravention
of the
provisions
of the
Charter.
The
terri
ory of a
State
shall
not be the
object
of
acquisition
by
another
State
resulting from
the
threat
:>r
use of
force.
No
territorial acquisition resulting from
the
threat
or use of
force shall
be
iccognized
as
legal.
Nothing
in the
foregoing shall
be
construed
as
affecting:
(a)
Provisions
of the
Charter
or any
international agreement prior
to the
Charter régime
and
valid under international law;
or
(6)
The
powers
of the
Security Council under
the
Charter.
All
States shall pursue
in
good
faith
negotiations
for the
early conclu
sion
of a
universal
treaty
on
general
and
complete disarmament under
effective
international control
and
strive
to
adopt
appropriate measures
to
reduce international tensions
and
strengthen
confidence
among
States.
All
States shall comply
in
good
faith
with
their obligations under
the g
;nerally
recognized
principles
and
rules
of
international
law
with
respect
to the
maintenance
of
nternational
peace
and
security,
and
shall endeavour
to
make
the
United Nations security
system
based
on the
Charter more effective.
Nothing
in the
foregoing paragraphs shall
be
construed
as
enlarging
or
diminishing
in
any way the
scope
of the
provisions
of the
Charter concerning cases
in whi
:h
the use of
force
is
lawful.
107
The
principle that States shall settle their international disputes
by
peaceful
means
in
such
a
manner
that international peace
and
security
and
justice
are not
endangered
Every State shall settle
its
international disputes with other
States
by
peaceful means
in
such
a
manner
that
international
peace
and
security
and
justice
are not
endangered.
States shall accordingly seek early
and
just settlement
of
their international disputes
by
negotiation, inquiry, mediation, conciliation, arbitration, judical settlement,
resort
to
regional
agencies
or
arrangements
or
other
peaceful means
of
their
choice.
In
seeking such
a
settlement
the
parties shall agree upon such peaceful means
as may be
appropriate
to the
circumstances
and
nature
of the
dispute.
The
parties
to a
dispute have
the
duty,
in the
event
of
failure
to
reach
a
solution
by any
one of the
above peaceful means,
to
continue
to
seek
a
settlement
of the
dispute
by
other peace-
ful
means agreed upon
by
them.
States
parties
to an
international dispute,
as
well
as
other States, shall
refrain
from
any
action which
may
aggravate
the
situation
so as to
endanger
the
maintenance
of
international
peace
and
security,
and
shall
act in
accordance
with
the
purposes
and
principles
of the
United
Nations.
International disputes shall
be
settled
on the
basis
of
the
sovereign equality
of
States
and
in
accordance with
the
principle
of
free
choice
of
means. Recourse
to, or
acceptance
of, a
settlement procedure
freely
agreed
to by
States
with
regard
to
existing
or
future
disputes
to
which
they
are
parties shall
not be
regarded
as
incompatible with sovereign equality.
Nothing
in the
foregoing paragraphs prejudices
or
derogates from
the
applicable provisions
of
the
Charter,
in
particular those relating
to the
pacific
settlement
of
international disputes.
The
principle concerning
the
duty
not to
intervene
in
matters within
the
domestic jurisdiction
of
any
State,
in
accordance with
the
Charter
No
State
or
group
of
States
has the
right
to
intervene, directly
or
indirectly,
for any
reason
whatever,
in the
internal
or
external
affairs
of any
other State. Consequently, armed interven-
tion
and all
other forms
of
interference
or
attempted threats against
the
personality
of the
State
or
against
its
political, economic
and
cultural elements,
are in
violation
of
international law.
No
State
may use or
encourage
the use of
economic, political
or any
other type
of
measures
to
coerce
another State
in
order
to
obtain from
it the
subordination
of the
exercise
of its
sovereign
rights
and to
secure
from
it
advantages
of any
kind. Also,
no
State
shall organize, assist,
foment,
finance,
incite
or
tolerate
subversive, terrorist
or
armed activities directed towards
the
violent
overthrow
of the
régime
of
another
State,
or
interfere
in
civil
strife
in
another State.
The use of
force
to
deprive peoples
of
their national identity constitutes
a
violation
of
their
inalienable rights
and of the
principle
of
non-intervention.
Every State
has an
inalienable right
to
choose
its
political, economic, social
and
cultural
systems, without interference
in any
form
by
another State.
Nothing
in the
foregoing paragraphs shall
be
construed
as
affecting
the
relevant provisions
of
the
Charter relating
to the
maintenance
of
international peace
and
security.
The
duty
of
States
to
co-operate with
one
another
in
accordance with
the
Charter
States
have
the
duty
to
co-operate
with
one
another, irrespective
of the
differences
in
their
political, economic
and
social systems,
in the
various spheres
of
international relations,
in
order
to
maintain international
peace
and
security
and to
promote international economic stability
and
progress,
the
general welfare
of
nations
and
international co-operation
free
from
discrimina-
tion
based
on
such
differences.
To
this
end:
(a)
States shall co-operate with other States
in the
maintenance
of
international peace
and
security;
108
(b)
States shall
co-operate
in the
promotion
of
universal respect
foi,
and
observance
of,
human rights
and
fundamental freedoms
for
all,
and in the
elimination
)f
all
forms
of
racial
discrimination
and all
forms
of
religious intolerance;
(c)
States shall conduct
their
international relations
in the
econo
nic,
social,
cultural,
technical
and
trade
fields in
accordance
with
the
principles
of
sovereign
e
uality
and
non-inter-
vention
;
(d)
States Members
of the
United Nations have
the
duty
to
take joir
t and
separate action
in
co-operation
with
the
United Nations
in
accordance
with
the
relev;
nt
provisions
of the
Charter.
States should co-operate
in the
economic, social
and
cultural
fields
is
well
as in the field
of
science
and
technology
and for the
promotion
of
international
cultjral
and
educational
progress. States should co-operate
in the
promotion
of
economic
gr
>wth
throughout
the
world,
especially that
of the
developing countries.
The
principle
of
equal rights
and
self-determination
of
pi
oples
By
virtue
of the
principle
of
equal rights
and
self-determination
of pe
>ples
enshrined
in the
Charter
of the
United Nations,
all
peoples
have
the
right freely
to
detern
line,
without external
interference,
their political status
and to
pursue their economic, social
and
cultural
development,
and
every State
has the
duty
to
respect this
right
in
accordance
with
the
pro'
'isions
of the
Charter.
Every
State
has the
duty
to
promote, through joint
and
separate
act on,
realization
of the
principle
of
equal rights
and
self-determination
of
peoples,
in
accordanc
;
with
the
provisions
of
the
Charter,
and to
render assistance
to the
United Nations
in
carrying
c ut the
responsibilities
entrusted
to it by the
Charter regarding
the
implementation
of the
princi ?le,
in
order:
(a)
To
promote
friendly
relations
and
co-operation among States;
end
(b)
To
bring
a
speedy
end to
colonialism, having
due
regard
to the
freely
expressed will
of
the
peoples
concerned;
and
bearing
in
mind that subjection
of
peoples
to
alien subjugation, dorr ination
and
exploita-
tion
constitutes
a
violation
of the
principle,
as
well
as a
denial
of
funda
nental human rights,
and
is
contrary
to the
Charter.
Every
State
has the
duty
to
promote through joint
and
separate
ac ion
universal respect
for
and
observance
of
human rights
and
fundamental freedoms
in
accorde
nce
with
the
Charter.
The
establishment
of a
sovereign
and
independent State,
the
free
association
or
integration
with
an
independent State
or the
emergence into
any
other political
sta us
freely
determined
by
a
people constitute modes
of
implementing
the
right
of
self-determin
ition
by
that
people.
Every
State
has the
duty
to
refrain from
any
forcible action which
dep
rives peoples referred
to
above
in the
elaboration
of the
present principle
of
their right
to
self-determination
and
free-
dom and
independence.
In
their actions against,
and
resistance
to,
such
for
nble
action
in
pursuit
of
the
exercise
of
their right
to
self-determination, such peoples
are ent
tied
to
seek
and to,
receive support
in
accordance with
the
purposes
and
principles
of the C
iarter.
The
territory
of a
colony
or
other
Non-Self-Governing
Territory
he
s,
under
the
Charter
a
status separate
and
distinct
from
the
territory
of the
State administering
t;
and
such
separate
and
distinct
status under
the
Charter shall exist
until
the
people
of the
colony
or
Non-Self-
Governing
Territory have exercised
their
right
of
self-determination
in
accordance
with
the
Charter,
and
particularly
its
purposes
and
principles.
Nothing
in the
foregoing paragraphs shall
be
construed
as
author zing
or
encouraging
any
action which would dismember
or
impair, totally
or in
part,
the
territi
trial
integrity
or
poli-
tical
unity
of
sovereign
and
independent States conducting themselves
in
compliance with
the
principle
of
equal rights
and
self-determination
of
peoples
as
described
abo /e and
thus possessed
of
a
government representing
the
whole people belonging
to the
territoi
y
without distinction
as to
race, creed
or
colour.
Every
State shall
refrain
from
any
action aimed
at the
partial
or tc
tal
disruption
of the
national
unity
and
territorial
integrity
of any
other State
or
country.
109
The
principle
of
sovereign equality
of
States
All
States enjoy sovereign equality. They have equal rights
and
duties
and are
equal
mem-
bers
of the
international community, notwithstanding
differences
of an
economic, social,
political
or
other nature.
In
particular, sovereign equality includes
the
following
elements:
(a)
States
are
juridically equal;
(b)
Each
State enjoys
the
rights inherent
in
full
sovereignty;
(c)
Each
State
has the
duty
to
respect
the
personality
of
other
States;
(d)
The
territorial
integrity
and
political independence
of the
State
are
inviolable;
(e)
Each
State
has the
right
freely
to
choose
and
develop
its
political, social, economic
and
cultural
systems;
(/)
Each State
has the
duty
to
comply
fully
and in
good
faith
with
its
international obliga-
tions
and to
live
in
peace
with
other States.
The
principle that
States
shall
fulfil
in
good faith
the
obligations assumed
by
them
in
accordance
with
the
Charter
Every
State
has the
duty
to
fulfil
in
good
faith
the
obligations assumed
by it in
accordance
with
the
Charter
of the
United Nations.
Every State
has the
duty
to
fulfil
in
good
faith
its
obligations under
the
generally recognized
principles
and
rules
of
international law.
Every
State
has the
duty
to
fulfil
in
good
faith
its
obligations under international agreements
valid
under
the
generally recognized principles
and
rules
of
international law.
Where obligations arising under international agreements
are in
conflict
with
the
obliga-
tions
of
Members
of the
United Nations under
the
Charter
of the
United
Nations,
the
obliga-
tions under
the
Charter
shall prevail.
GENERAL
PART
2.
Declares
that:
In
their interpretation
and
application
the
above principles
are
interrelated
and
each
principle should
be
construed
in the
context
of the
other principles.
Npthing
in
this Declaration shall
be
construed
as
prejudicing
in any
manner
the
provisions
of
the
Charter
or the
rights
and
duties
of
Member States under
the
Charter
or the
rights
of
peoples
under
the
Charter, taking into account
the
elaboration
of
these rights
in
this Declaration.
3.
Declares further
that:
The
principles
of the
Charter which
are
embodied
in
this Declaration constitute basic
principles
of
international law,
and
consequently appeals
to all
States
to be
guided
by
these
principles
in
their international conduct
and to
develop their mutual relations
on the
basis
of
the
strict observance
of
these principles.
110
12.
REPORT
OF THE
UNITED
NATIONS
COMMISSION
OF
INTERNA-
TIONAL
TRADE
LAW ON THE
WORK
OF ITS
THIRD
SESSION
(AGENDA
ITEM
86)
Resolution
[2635
(XXV)]
adopted
by the
General
Assembly
2635
(XXV). Report
of the
United Nations Commission
on
Interna
ional
Trade
Law
The
General Assembly,
Having
considered
the
report
of the
United Nations
Commission
on
International
Trade
Law on the
work
of its
third
session,68
Recalling
its
resolution 2205 (XXI)
of 17
December 1966
estai
lishing
the
United
Nations Commission
on
International
Trade
Law and
denning
the
object
and
terms
of
reference
of the
Commission,
Recalling
its
resolution 2502 (XXIV)
of 12
November 1969 with
respect
to the
report
of
the
United
Nations
Commission
on
International
Trade
Law on the
work
of its
second
session,
in
which
the
General Assembly recommended that
the
Comn ission should keep
-its programme
of
work under constant review, bearing
in
mind
the imp
jrtant
contribution
that
the
progressive harmonization
and
unification
of
international
tra
:e
law can
make
to
economic co-operation among
all
peoples and, thereby,
to
their
well-teing,
Noting
the
forthcoming publication
of the
Register
of
TextsCD
and of the first
volume
of the
Yearbook
of the
United
Nations Commission
on
International
T,
ade
Law,70
Noting
that
the
Trade
and
Development Board,
at its
tenth session, :xpressed
its
appre-
ciation
of the
report
of the
United Nations Commission
on
International
Trade
Law,71
1.
Takes note with appreciation
of the
report
of the
United Natic
ns
Commission
on
International
Trade
Law on its
third session
and of the
progress made
in its
work;
2.
Notes with appreciation that
the
desire, expressed
in
Genera Assembly resolu-
tion 2502 (XXIV), that there
be the
widest possible participation
by t
ic
members
of the
United Nations Commission
on
International
Trade
Law in the
preparatory
work
to be
done
by
working groups
has
been
fulfilled,
and
that
this
participation
has
substantially
advanced
the
work
of the
Commission;
3.
Endorses
the
desire expressed
by the
United Nations
Commissic
n on
International
Trade
Law to
obtain,
where necessary,
the
services
of
consultants
or
organizations
with
special expertise
in
technical matters dealt with
by the
Commission,
it
being understood
that recourse
to
such services
is
made only
in
special circumstances;
4.
Expresses
the
hope
that,
in
accordance
with
the
desire
set
forth
i a the
report
of the
United Nations Commission
on
International
Trade
Law.
it
will
provî
possible
to
staff
the
Commission's
secretariat appropriately
so as to
cope
with
any
increases
in the
work-load
involved
in
servicing
the
Commission, provided that this does
not
entail
supplemental
appropriation;
5.
Recommends that
the
United Nations Commission
on
Interm
tional Trade
Law
should:
68
Ibid.,
Supplement
No. 17
(A/8017).
Also
reproduced
in the
Yearbook
oj'
the
United Nations
Commission
on
International
Trade Law, Vol.
I
(United
Nations
publication,
S
îles
No.:
E.71.V.I),
p.
129.
69
United
Nations
publication,
Sales
No.:
E.71.V.3.
70
See
foot-note
68
above.
71
Official
Records
of the
General
Assembly,
Twenty-fifth
Session,
Supplemtnt
No. 15
(A/8015/
Rev.l
and
Rev.l/Corr.l),
part
two,
para.
232.
Ill
)
Continue
its
work
on the
topics
to
which
it has
decided
to
give priority, that
is,
the
international sale
of
goods, international payments, international commercial arbitration
and
international
legislation
on
shipping;
(b)
Continue
to
give attention
to
ways
and
means
of
promoting training
and
assistance
in
the field of
international trade
law;
(c)
Continue
to
collaborate
fully
with
international
organizations active
in the field
of
international trade law;
(d)
Continue
to
develop working methods which
will
enhance
the
efficiency
of
working
groups
and
ensure
full
consideration
of the
commercial practices
and
needs
of all
regions;
(e)
Continue
to
give special consideration,
in
promoting
the
harmonization
and
unification
of
international trade law,
to the
interests
of
developing
and
landlocked coun-
tries;
6.
Requests
the
Secretary-General
to
forward
to the
United Nations Commission
on
International Trade
Law the
records
of the
discussions
on the
Commission's
third
report
at the
twenty-fifth
session
of the
General Assembly.
1903rd
plenary
meeting,
12
November 1970.
13.
STATUS
OF THE
IMPLEMENTATION
OF
GENERAL
ASSEMBLY
RESOLUTION
2456
B
(XXIII)
CONCERNING
THE
SIGNATURE
AND
RATIFICATION
OF
ADDITIONAL
PROTOCOL
II OF THE
TREATY
FOR
THE
PROHIBITION
OF
NUCLEAR
WEAPONS
IN
LATIN
AMERICA
(TREATY
OF
TLATELOLCO)
(AGENDA
ITEM
93)
Resolution
[2666
(XXV)]
adopted
by the
General
Assembly
2666 (XXV). Status
of the
implementation
of
General Assembly resolution 2456
B
(XXIII)
concerning
the
signature
and
ratification
of
Additional Protocol
II of the
Treaty
for the
Prohibition
of
Nuclear Weapons
in
Latin America (Treaty
of
Tlatelolco)
The
General
Assembly,
Recalling
its
resolution
1911
(XVIII)
of 27
November 1963,
in
which
it
expressed
its
confidence
that
the
States that possess nuclear weapons would
give
their
full
co-operation
for
the
effective
realization
of the
initiative
aimed
at the
military
denuclearization
of
Latin
America,
Recalling
also
Us
resolution 2286
(XXII)
of 5
December 1967,
in
which
it
welcomed
with
special satisfaction
the
Treaty
for the
Prohibition
of
Nuclear Weapons
in
Latin America
(Treaty
of
Tlatelolco)72
and
declared that
the
Treaty constituted
an
event
of
historic
signifi-
cance
in the
efforts
to
prevent
the
proliferation
of
nuclear weapons
and to
promote inter-
national
peace
and
security,
Bearing
in
mind that
the
Treaty
has an
Additional Protocol
II,
which
was
opened
for
signature
by
States possessing nuclear weapons
on 14
February 1967,
Noting
that
the
Conference
of
Non-Nuclear-Weapon
States,
in its
resolution
B,
73
expressed
the
conviction that,
for the
maximum
effectiveness
of any
treaty establishing
a
72
United
Nations,
Treaty
Series,
vol. 634,
p.
281.
73
Official
Records
of the
General
Assembly,
Twenty-third
Session,
agenda
item
96,
document
A/7277
and
Corr.l
and 2, p. 5.
112
nuclear-weapon-free
zone,
the
co-operation
of the
nuclear-weapon
Sta
:es
is
necessary
and
that
such co-operation should take
the
form
of
commitments likewise
un
iertaken
in a
formal
international
instrument which
is
legally binding, such
as a
treaty,
con
'ention
or
protocol,
Considering
that
accession
to
that Protocol only entails
the
following
obligations
for
the
nuclear-weapon
States:
(a)
To
respect,
in all its
express aims
and
provisions,
the
statute
of
denuclearization
of
Latin America
in
respect
of
warlike purposes,
as
defined, delimited
and set
forth
in the
Treaty
of
Tlatelolco,
(b)
Not to
contribute
in any way to the
performance
of
acts
invc
Iving
a
violation
of
the
obligations
of
article
1 of the
Treaty
in the
territories
to
which
the
"
'reaty
applies,
(c) Not to use or
threaten
to use
nuclear weapons against
the cc
ntracting parties
of
the
Treaty,
Convinced
that
these
obligations
are
entirely
in
conformity with
the
general obligations
assumed under
the
Charter
of the
United Nations,
which
every Member
of the
Organization
has
solemnly undertaken
to
fulfil
in
good
faith,
as set
forth
in
Article
2 o
*
the
Charter,
Noting
that, despite
the
appeals that
the
General Assembly
has ad
dressed
to
them
on
two
occasions,
in
resolutions 2286 (XXII)
of 5
December 1967
and
2456
B
(XXIII)
of
20
December
1968,
and the
appeals they have received
from
the
Conférer
ce of
Non-Nuclear-
Weapon States,
in
resolution
B, and
from
the
General Conference
of the
Agency
for the
Prohibition
of
Nuclear Weapons
in
Latin America,
in
resolution
1 (I)
74
only
two of the
States that possess nuclear weapons have
so far
signed
Additional
Piotocol
II and
only
one has
ratified
it,
Noting
also
that
the
Treaty
of
Tlatelolco, which
has
been signed
b y
twenty-two Latin
American States,
is
already
in
force
for
sixteen
of
them,
Bearing
in
mind
the
repeatedly stated declarations
of the
nuclear-w
îapon
States
to the
effect
that nuclear-weapon-free zones established
on the
initiative
of tf e
States
within
the
zone should
be
supported,
Noting
that
the
Treaty
of
Tlatelolco
is the
only
one it has
been
p
jssible
to
conclude
for
the
establishment
of
such
a
zone
in a
densely populated area
and
th;
t, as a
result
of the
Treaty, there already
exists
a
statute
of
total absence
of
nuclear
weapoj
is
covering
an
area
of
6.6
million square kilometres
with
a
population
of
approximately
117
nillion inhabitants,
Noting
also
that
the
Agency
for the
Prohibition
of
Nuclear Weapor
s in
Latin America
has
been duly established
in
conformity
with
the
Treaty
and
became
ope
-ative
on 2
Septem-
ber
1969,
1.
Reaffirms
the
appeals
it has
addressed
to the
nuclear-weapon
Î
tates,
in its
resolu-
tions 2286 (XXII)
and
2456
B
(XXIII),
to
sign
and
ratify
Additional
Protccol
II of the
Treaty
for
the
Prohibition
of
Nuclear Weapons
in
Latin America (Treaty
of
Tl;
itelolco)
as
soon
as
possible
;
2.
Notes
with
satisfaction
that
one of
those States
has
already
sigr
ed and
ratified
the
Protocol
and
that another
has
signed
it and is now
actively engaged
in the
j
atification
process
;
3.
Deplores
that
not all
nuclear-weapon
States have
as yet
signed
he
Protocol;
4.
Decides
to
include
in the
provisional agenda
of its
twenty-sixth
session
an
item
entitled
"Status
of the
implementation
of
General Assembly resolution
2f
66
(XXV) concern-
ing
the
signature
and
ratification
of
Additional
Protocol
II of the
Treaty
for the
Prohibition
of
Nuclear Weapons
in
Latin America (Treaty
of
Tlatelolco)";
74
See
A/7681,
annex,
chapter
I.
113
5.
Requests
the
Secretary-General
to
arrange
for
transmittal
of the
present resolution
to the
nuclear-weapon States
and to
inform
the
General Assembly
at its
twenty-sixth session
of
any
measure
adopted
by
them
in
order
to
implement
it.
1919th plenary
meeting,
7
December 1970.
14.
AERIAL
HIJACKING
OR
INTERFERENCE
WITH
CIVIL
AIR
TRAVEL
(AGENDA
ITEM
99)
Resolution
[2645
(XXV)]
adopted
by the
General
Assembly
2645 (XXV). Aerial
hijacking
or
interference
with
civil
air
travel
The
General
Assembly,
Recognizing
that international
civil
aviation
is a
vital link
in the
promotion
and
preserva-
tion
of
friendly
relations among States
and
that
its
safe
and
orderly functioning
is in the
interest
of all
peoples,
Gravely
concerned
over acts
of
aerial
hijacking
or
other
wrongful
interference with
civil
air
travel,
Recognizing
that such acts jeopardize
the
lives
and
safety
of the
passengers
and
crew
and
constitute
a
violation
of
their human rights,
Aware
that international civil aviation
can
only function properly
in
conditions
guaran-
teeing
the
safety
of its
operations
and the due
exercise
of the
freedom
of air
travel,
Endorsing
the
solemn declaration
75
of the
extraordinary session
of the
Assembly
of the
International Civil Aviation Organization held
at
Montreal from
16
to 30
June 1970,
Bearing
in
mind General Assembly resolution
2551
(XXIV)
of 12
December 1969
and
Security
Council resolution
286
(1970)
of 9
September 1970 adopted
by
consensus
at the
1552nd meeting
of the
Council,
1.
Condemns, without exception whatsoever,
all
acts
of
aerial hijacking
or
other
interference
with
civil
air
travel, whether originally national
or
international, through
the
threat
or use of
force,
and all
acts
of
violence which
may be
directed
against
passengers,
crew
and
aircraft
engaged
in, and air
navigation
facilities
and
aeronautical communications
used
by
civil
air
transport;
2.
Calls
upon
States
to
take
all
appropriate measures
to
deter, prevent
or
suppress
such
acts
within
their
jurisdiction,
at
every stage
of the
execution
of
those acts,
and to
provide
for
the
prosecution
and
punishment
of
persons
who
perpetrate such acts,
in a
manner
commensurate
with
the
gravity
of
those crimes,
or,
without prejudice
to the
rights
and
obligations
of
States under existing international instruments relating
to the
matter,
for the
extradition
of
such persons
for the
purpose
of
their
prosecution
and
punishment;
3.
Declares that
the
exploitation
of
unlawful
seizure
of
aircraft
for the
purpose
of
taking
hostages
is to be
condemned
;
4.
Declares further that
the
unlawful
detention
of
passengers
and
crew
in
transit
or
otherwise
engaged
in
civil
air
travel
is to be
condemned
as
another
form
of
wrongful
inter-
ference
with
free
and
uninterrupted
air
travel;
75
International
Civil
Aviation Organization,
Resolutions
adopted
by the
Assembly, Seventeenth
Session
(Extraordinary)
(Montreal, 1970), resolution
A17-1.
114
5.
Urges
States
to the
territory
of
which
a
hijacked aircraft
is div
;rted
to
provide
for
the
care
and
safety
of its
passengers
and
crew
and to
enable them
to co
itinue
their journey
as
soon
as
practicable,
and to
return
the
aircraft
and its
cargo
to the
pers
)ns
lawfully
entitled
to
possession;
6.
Invites States
to
ratify
or
accede
to the
Convention
on
Offence
; and
Certain Other
Acts
Committed
on
Board
Aircraft,
signed
at
Tokyo
on 14
September
1''63,76
in
conformity
with
the
Convention;
7.
Requests concerted action
on the
part
of
States,
in
accordance
with
the
Charter
of
the
United Nations, towards suppressing
all
acts which jeopardize
t he
safe
and
orderly
development
of
international
civil
air
transport;
8.
Calls
upon
States
to
take joint
and
separate action,
in
accordan
:e
with
the
Charter,
in
co-operation
with
the
United
Nations
and the
International Civil
A\
iation
Organization
to
ensure that passengers, crew
and
aircraft
engaged
in
civil
aviation
are lot
used
as a
means
of
extorting advantage
of any
kind
;
9.
Urges
full
support
fot the
current
efforts
of the
International
(
'ivil
Aviation Orga-
nization
towards
the
development
and
co-ordination,
in
accordance
wit
i
its
competence,
of
effective
measures
in
respect
of
interference
with
civil
air
travel
;
10.
Calls
upon
States
to
make every possible
effort
to
achieve
a
successful
result
at the
diplomatic conference
to
convene
at The
Hague
in
December
1970
foi
the
purpose
of the
adoption
of a
convention
on the
unlawful
seizure
of
aircraft,
so
that
an
effective
convention
may
be
brought into force
at an
early date.
1914th
plenary
meeting,
25
November 1970.
B.
Decisions,
recommendations
and
reports
of a
legal
character
by
intergovern-
mental organizations related
to the
United Nations
1.
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND
CULTURAL
ORGANIZATION
UNESCO's
contribution
to
peace
and its
tasks
with
respect
to he
elimination
of
colonialism,
and
utilization
of
UNESCO's
programme
as a
m
ans of
strengthen-
ing
co-operation
between
European
States
in the
interest
of
Deace
and
security
in
Europe—Resolution
adopted
by the
General
Conference
on 7
November
1970
during
its
sixteenth
session
77
The
General
Conference,
Recalling
the
provisions
of
UNESCO's
Constitution
defining
the
Organization's
responsibilities
in the
matter
of
strengthening international peace
and s
;curity,
Convinced
that
it is one of the
Organization's essential practical tasks
to
give active
assistance
to the
cause
of
strengthening peace
and
international
secui
ity by
reflecting,
in
its
programme
and
activities,
the
ideals
of
peace
and
friendship
among peoples,
Recalling
the
need
to
continue implementing
and
with increased
effectiveness
resolu-
tion
8.1
"peaceful
and
neighbourly relations", resolution
6.2 on
"UNESCO's
tasks
in
contri-
76
United
Nations,
Treaty
Series,
vol. 704.
77
16
C/Resolution
8.
115
buting
to
peace, peaceful co-operation
and
living
peacefully
together, among States
with
different
economic
and
social systems",
7B
resolution
9 on
"UNESCO's
contribution
to
peace
and
UNESCO's
tasks
with
respect
to the
elimination
of
colonialism
and
racialism",
79
adopted
by the
General Conference
at its
eleventh (1960), thirteenth (1964)
and
fifteenth
(1968)
sessions respectively,
Recalling
the
tenth anniversary
of the
adoption
by the
General Assembly
of the
United
Nations
of the
Declaration
on the
Granting
of
Independence
to
Colonial Countries
and
Peoples
(1960)80
as
well
as the
historic importance
of the
principles proclaimed therein,
Stressing
furthermore
the
importance
of the
Declaration
on
Principles
of
International
Law
concerning
Friendly
Relations among
States,
in
Accordance with
the
Charter
of the
United
Nations, solemnly adopted
by the
General Assembly
at its
jubilee session
on the
occasion
of the
twenty-fifth
anniversary
of the
United Nations
(1970),81
Reaffirming
its
faith
in the
principle that "the wide
diffusion
of
culture
and the
education
of
humanity
for
justice
and
liberty
and
peace
are
indispensable
to the
dignity
of man and
constitute
a
sacred
duty
which
all
nations must
fulfil
in a
spirit
of
mutual assistance
and
concern",
Considering
that UNESCO should take
all
appropriate initiatives, within
its
fields
of
responsibility, designed
to
create
and
consolidate
the
intellectual conditions which provide
a
proper climate
for
international understanding
and
peace,
Believing
that UNESCO
and its
Member States should
take
effective
measures
for
wider
recognition,
appreciation
and
strengthening
of the
principles
of the
Universal
Declaration
of
Human
Rights, particularly
the
right
to
"freedom
of
thought, conscience
and
religion",
the
right
to
"freedom
of
opinion
and
expression",
and the
right "freely
to
participate
in the
cultural
life
of the
community" (Articles
18, 19 and
27),
Welcoming
the
recommendations
of the
Intergovernmental Conference
on
Cultural
Policies convened
by
UNESCO
in
Venice (1970) with respect
to the
role
of
cultural
and
information
bodies
in
strengthening international peace
and
security and,
in
particular,
the
recommendation
to
Member States
to
study "the possibility
of
calling
an
international
conference
of
persons engaged
in
science, culture
and
education, devoted
to the
problems
of
peace
and
humanism",
Deeming
it
essential
to
meet
the
will
expressed
by the
peoples
in all
countries
to
strength-
en
peace
and
security
on all
continents
and
noting more particularly
the
crucial role
of
peace
and
security
in
Europe,
Noting
that military occupation
by
foreign forces constitutes
a
constant danger
to
peace
and
human rights, including
the
uncontested rights
to
national education
and
cultural
life,
Observing
that
the
United Nations General Assembly
has
designated
the
year
1971
as
the
International
Year
to
Combat Racial Discrimination,
Recalling
General Assembly resolutions 2555 (XXIV)
of 23
December 1969,
and
2621
(XXV)
of
12
October 1970, with particular reference
to the
appeal
made therein
to
all
international agencies
to
give
assistance
to
peoples struggling against colonialism
and
racialism,
Noting
that apartheid
is an
affront
to
mankind
and
that
it
should
not be
countenanced
or
supported
in any
form
by
UNESCO,
78
See
Juridical
Yearbook,
1968,
p.
142.
79
Ibid.,
pp. 140 and 144 to
146.
80
General
Assembly
resolution
1514
(XV),
of 14
December 1960.
81
General
Assembly
resolution
2625
(XXV),
reproduced
in
this
Yearbook,
p.
104.
116
Noting
that international non-governmental organizations which
ire
associated with
UNESCO
may
play
an
important part
in
implementing
the
objectives
c
f the
Organization,
including
its
policy
of
unremitting opposition
to, and
elimination
(f,
colonialism
and
racialism,
and
that
some
of
these
organizations have branches
or
affiliates
in
which colonial-
ism
and
racialism
are
practised,
Noting
with
concern
the
continuing pernicious influence
of
colonialis
m,
neo-colonialism,
racialism
and
fascism
and
other anti-humanistic concepts
on the
intellectu
al
life
of the
peoples
of
a
number
of
countries,
and
according paramount importance
to the
struggle
against
the
infiltration
of
neo-colonialism
and
racialism into education
and
cultun,
Recalling
anew that
the
policy
of
colonialism, neo-colonialism
and
lacialism
constitutes
a
constant danger
to the
peace
and
security
of
nations,
Having
examined
with
interest
the
report
and
proposals
submitted
by the
Director-
General
for a
long-term plan
of
integrated action
for the
advancement
of
peace
and
inter-
national co-operation
in the field of
UNESCO's competence (doc.
16Q12)
and
taking note
of
the
debate
on
items
9 and 10,
Considering,
however, that UNESCO
and its
Member States should
further
increase
their
efforts
in
favour
of
human rights,
peace
and
international
securii
y and the
develop-
ment
of
mutual understanding
and
co-operation
in the
realms
of
education,
science, techno-
logy, culture
and
information,
I
1.
Reaffirms
resolution
9,
adopted
at its fifteenth
session,
on
"U
^ESCO's
contribu-
tion
to
peace
and
UNESCO's
tasks
with
respect
to the
elimination
>f
colonialism
and
racialism"
;
2.
Reaffirms
resolution
9.13,
adopted
at its fifteenth
session,
which
'invites
all
Member
States
to
ensure
the
strictest
respect
for the
resolutions adopted
at the
r.
eheran
Conference
on
Human Rights,
and
particularly
resolution
I
concerning respect for,
; nd
implementation
of,
human rights
in
occupied
territories";82
3.
Calls
on
Member States actively
to
oppose
colonialism,
neo-cclonialism,
racialism
and
fascism
and all
forms
of
oppression
and
tyranny;
4.
Reaffirms
its
decision
not to
accord
any
help
to the
governme
its
of
Portugal
and
the
Republic
of
South
Africa
or to the
illegal régime
in
Southern
Rhc
desia
in the
realms
of
education, science
and
culture and,
in
particular,
not to
invite
the
n
to
participate
in
conferences
and
other
UNESCO
activities until such time
as the
authoritii
;s
of
those countries
desist
from
their policy
of
colonial oppression
and
racial
discriminate
n;
5.
Once again
draws
the
attention
of the
Executive Board
and of
tl
e
Director-General
to the
need
to
strengthen
UNESCO's
action within
the
limits
of its con
petence,
as
regards
the
assistance
to be
given
to (a)
refugees from colonial territories,
an 1
(b)
other
peoples
striving
to
liberate themselves from colonial domination
and all
forms
cf
apartheid;
6.
To
this
end
invites
the
Director-General
to
send
a
mission
to he
Organization
of
African
Unity and,
after
examination
of its
report
by the
Executive
BOÎ
rd,
evolve
concrete
programmes
for
assistance
to (a)
refugees
from
colonial territories,
an!
(b)
other peoples
striving
to
liberate themselves from colonial domination
and all
forms
5f
apartheid;
7.
Requests
the
Director-General
to
examine
the
situation
in the
Portuguese
African
territories
and in
Namibia
with
regard
to
education, information,
the
social sciences,
the
human
sciences
and
culture;
82
See
Final
Act of the
International
Conference
on
Human
Rights
(A/CO
vfF.32/41,
Sales
No.:
E.68.XIV.2).
117
8.
Requests
the
Director-General
to
intensify
his
efforts
to
counteract
the
propaganda
of
the
Government
of the
Republic
of
South
Africa
by
furnishing
the
Organization
of
African
Unity
and
those countries desirous
of
receiving
it
with
information obtained under
the
projects outlined above,
in a
form that
can be
adapted
for use by the
communication
media
of
such countries
in
their
efforts
to
counteract
the
said propaganda
;
9.
Requests
the
Director-General
to
undertake investigations
of all
international non-
governmental
organizations
enjoying
relations with UNESCO
which
have branches, sections,
affiliates
or
constituent parts
in the
Republic
of
South
Africa
or
Southern Rhodesia
or
Portu-
guese-dominated
African
territories, with respect
to the
practice
of
racial discrimination
or
racial segregation
in
their policies, activities,
or
membership
or
their co-operation
in
any
way
with
the
apartheid
policy
of the
Government
of the
Republic
of
South
Africa;
and
to
report thereon
to the
Executive
Board;
10.
Calls
upon
the
Executive Board
to
take
the
necessary measures,
in the
light
of the
Director-General's report,
to
break off,
as
from
31
December
1971,
all
relations with those
international
non-governmental organizations
in
respect
of
which
it has not
been established,
to the
satisfaction
of the
Board, that their branches, sections,
affiliates
or
constituent parts
in
the
Republic
of
South
Africa,
Southern Rhodesia
or
Portuguese-dominated
African
territories
neither practise racial discrimination
or
segregation
in
their policies, their activities
or in
their membership,
nor
co-operate
in any way
with
the
Government
of the
Republic
of
South
Africa
in the
latter's
apartheid
policy;
11.
Invites
the
Director-General
to
report
on the
implementation
of
this
resolution
to the
General Conference
at its
seventeenth
session;
II
12.
Approves
the
proposals
by the
Director-General
concerning
a
long-term
plan
of
action
for the
advancement
of
peace (doc.
16C/12)
and
authorizes
him to
implement
it,
taking
due
account
of the
deliberation
on
items
9 and 10
during
the
session;
13.
Invites
the
Director-General:
(a)
to
implement this resolution
and
strengthen
UNESCO's
action
for
peace,
particu-
larly
as
regards:
(i)
interdisciplinary studies
and
research
on :
peace
and
racialism, and,
in
particular,
their
sociological
and
economic
aspects;
socio-economic, psychological
and
ethical factors
in the
behaviour
of
individuals
and
communities
and in the
relations
among
nations;
effects
of
social change
in the
world
on
peaceful relations between
nations
and
individuals
;
conditions under
which
international contacts
and
exchan-
ges
produce
the
maximum beneficial
effect
;
sociology
of
international
co-opera-
tion; interaction between peace
and
development;
role
of the
United Nations
system
in the
development
of
peaceful
co-operation between nations
and the
development
of the
human personality; social prerequisites
for
strengthening
international peace
and
co-operation among
different
countries
and
peoples;
(ii)
training
of
teachers
in the
spirit
of
respect
for
human rights, peace
and
inter-
national co-operation;
(iii)
education
of
youth
for
international understanding
and
effective
participation
in
the
achievement
of the
objectives
of
peace
of the
Organization
;
(iv)
studies
on
information media,
in
order
to : (a)
determine
and
examine
the
obstacles
which
in the
minds
of men
oppose
intellectual
co-operation
between nations;
(b)
examine
the
contribution that information makes
to
development
of
education,
science
and
culture
and
thus
to the
strengthening
of the
bases
for
peace
;
(c)
exam-
118
ine
the way in
which
the
technical revolution
in
information
med
ia
could contribute
to
strengthening peace
by
facilitating
greater dissemination
of
information;
(v)
the use of
information media
in
favour
of
peace
(improvemen
: of the
content
of
information
and its
impact
on
international
life);
(vi)
the
promotion
of the
fundamental principles
of
internatio
ml law and
their
application
to
international co-operation
in
UNESCO's
fields
of
competence;
(vii)
the
normative action
of the
Organization
and its
application
i
i
favour
of
peace;
(b)
to
enlist,
where appropriate,
for the
implementation
of
this
pla
i
of
action
and of
the
present resolution,
the
effective
help
of
Member States
and of
their
National
Commis-
sions;
(c) to
call
on
international non-governmental organizations
whici
co-operate with
UNESCO
for the
more
effective
implementation
of the
ideals
of the C
rganization
in the
fields
of
human rights, peace
and
international security;
III
14.
Invites
further
the
Director-General:
(a)
in the
course
of the
implementation
of the
Organization's progt
amme
for
1971-72
and in the
preparation
of
future
programmes,
to
take into account
the
neec
for
more
effective
fulfilment
of the
present resolution
and the
carrying out,
in
accordance
i
/ith
the
principles
of
the
United Nations Charter
and
within
UNESCO's
fields of
competen
;e,
of
measures
to
strengthen
international peace
and
security, including measures
to
create
a
favourable
climate
for the
calling
of a
Pan-European security conference;
(b)
in
pursuance
of
resolution
9,
adopted
at the fifteenth
session,
on
peace
and
UNESCO's tasks,
and in
line with
his
statements
to the
Executive Boar
i at its
83rd ses-
sion,
to
study
with
the
international non-governmental organizations
claying
a
part
in
international
collaboration between local communities
all
possible
forrr
s of
co-operation
for
the
intimate association
of
inter-community
activities
with
the
executi
}n
of
UNESCO's
programme
;
(c)
to
include
in his
annual report
a
section
on
steps taken
in
conseqw
nee
of the
present
resolution.
2.
INTERNATIONAL
TELECOMMUNICATION
U
Resolution
No. 676
adopted
at its
twenty-fifth
session
by the
Administ rative
Council83
Position
of
Southern Rhodesia
vis-a-vis
the ITU
The
Administrative Council,
Having
examined
Document
No.
4005/CA
25
containing communications
from
the
Secretary
General
of
the
United Nations
and
particularly with respect
to the
Security
Ccuncil
Resolution
No. 277
(1970),
operative
paragraph
12,
which calls upon Member
States
to
take
appropriate
action
to
suspend
any
membership
or
associate membership that
the
llegal régime
of
Southern Rhodesia
has in
specialized agencies
of the
United Nations
;
83
Réf.:
Docs.
4005;
4078, 4091, 4096, 4107,
4115
and
4121/CA
25—May/Ji
ne
1970.
119
Recalling
and
reaffirming
Resolution
No. 599
adopted
by the
Administrative Council
in
1966;84
Considers
That
Resolution
No. 599
bars
the
illegal régime
of
Southern Rhodesia
from
assuming
membership
of the ITU ;
Requests
the
Secretary
General
1.
To
continue
the
strict enforcement
of
Resolution
No. 599 and in
addition
not to
have
any
communication
with
the
illegal régime
of
Southern Rhodesia;
2. To
place
all
funds
contributing
to the
regular budget which have been received
as
from
the
date
of
Resolution
No. 599 or
which
may be
received
in the
future,
in the
name
of
Rhodesia,
in a
special account
to be
established
by the
Union;
such contributions
are to
be
held
in
abeyance
until
the
Administrative Council,
taking
into
account
the
decisions
taken
by the
United Nations, shall
find
that
the
conditions
for
active membership have been
restored
;
3.
To
bring
this
Resolution
to the
attention
of all of the
Members
of the
Union;
4. To
inform
the
Secretary
General
of the
United Nations
of the
action taken
by the
ITU
under Resolution
599
adopted
in
1966,
and the
action proposed
in
this Resolution.
84
See
Juridical
Yearbook,
1966,
p.
164.
120

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