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The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly
Published online by Cambridge University Press: 27 February 2017
Extract
At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.
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References
* Senior Legal Officer, Interights (The International Centre for the Legal Protection of Human Rights), London.
1 For a general description of the Sixth Committee and its role in the progressive development and codification of international law, see Virginia, Morris & Christiane Bourloyannis, M., The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly , 87 AJIL 306, 306 nn.1, 2 (1993)Google Scholar.
2 For an extensive summary of the statements made during the debate and the action taken by the committee with respect to the various items, see the summary records to be published in UN Docs. A/C.6/52/SR.1–34 (1998). The draft resolutions recommended by the Sixth Committee after the debate, all of which were adopted by the General Assembly without change, are contained in the reports of the Sixth Committee to the General Assembly on the various items. These reports also contain information on the relevant documentation, including the summary records, for each item. See UN Docs. A/52/645–654 (1997) (containing GA Res. 52/ 151–166).
3 Report of the United Nations Commission on International Trade Law on the work of its thirtieth session, UN GAOR, 52d Sess., Supp. No. 17, UN Doc. A/52/17 (1997).
4 The United States described the Model Law as a response to needs flowing from globalization of economies in which financial setbacks in one state might affect jobs, production and resources located in others unless international cooperation increased. The United States also noted that in August 1997 the Bankruptcy Law Revision Commission, established by the U.S. Congress, had recommended the adoption of the Model Law as an amendment to the U.S. Code.
5 Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, UN GAOR, 52d Sess., Supp. No. 33, UN Doc. A/52/33 & Corr.1 (1997).
6 On this issue, the Sixth Committee also had before it a report of the Secretary-General on various measures taken and proposals for further action as regards, in particular, arrangements in the Secretariat for providing better information on and early assessment for the Security Council and its organs of the actual or potential effect of sanctions on third states; the development of a methodology to assess the consequences of preventive or enforcement measures incurred by third states; and coordination of information on international assistance available to such states. UN Doc. A/52/308 (1997).
7 Portugal had proposed increasing the number of Vice-Chairmen from two to three, which would allow, in particular, all five regional groups to be represented in the bureau. See Report of the Special Committee, supra note 5, paras. 133–39.
8 The Secretary-General had submitted a progress report on this matter. See UN Doc. A/52/317 & Corr.1 (1997).
9 See UN Doc. A/52/308, paras. 12, 33 (1997).
10 The text of the draft resolution was elaborated, as in 1996, by a working group. For the oral report of Chairman Craig J. Daniell (South Africa), see UN Doc. A/C.6/52/SR.34 (1997).
11 GA Res. 51/208, UN GAOR, 51st Sess., Supp. No. 49, Vol. 1, at 343, UN Doc. A/51/49 (1996).
12 The chair of the working group, Socorro Flores (Mexico), presented an oral report to the Sixth Committee on the results achieved by the group. See UN Doc. A/C.6/52/SR.30 (1997).
13 Mongolia submitted a draft for such a text. UN Doc. A/52/141, Ann. II (1997).
14 UN Doc. A/C.6/52/3* (1997). The program envisages in particular the submission, in the course of 1998, of reports by experts on disarmament, international humanitarian law and peaceful settlement of disputes, which will first be discussed at regional meetings, followed by celebratory events in The Hague and Saint Petersburg in 1999. Final discussion will take place at the political level during the 44th session of the General Assembly that same year. It is proposed that an Internet site be set up for the exchange of views and documents under the program of action.
15 See the Note by the Secretary-General on this issue, UN Doc. A/52/363 (1997).
16 Such efforts concern, in particular, enhanced on-line access to information. A subsite regarding UN activities in the field of international law has thus been added to the Organization’s home page (http://www.un.org/law). See also Note by the Secretary-General, supra note 15, sec. IV.
17 Mar. 21, 1986, UN Doc. A/CONF.129/15, 25 ILM 543 (1986). The Secretary-General, in his note on this item, expressed regret “that this major codification convention concluded under the aegis of the United Nations has been languishing for 11 years without any clear prospect of an early entry into force.” UN Doc. A/52/363, para. 2 (1997).
18 The reports of the Preparatory Committee on its February and August 1997 sessions are contained in UN Docs. A/AC.249/1997/L.5 & L.8/Rev.1. See Christopher, Keith Hall, The Third and Fourth Sessions of the UN Preparatory Committee on the Establishment of an International Criminal Court , 92 AJIL 124 (1998)Google Scholar.
19 UN Doc. A/52/142 & Add.1 (1997).
20 Report of the International Law Commission on the work of its forty-ninth session, UN GAOR, 52d Sess., Supp. No. 10, UN Doc. A/52/10 (1997).
See Robert, Rosenstock, The Forty-ninth Session of the International Law Commission , 92 AJIL 107 (1998)Google Scholar.
22 Report of the International Law Commission on the work of its forty-eighth session, UN GAOR, 51st Sess., Supp. No. 10, at 125, UN Doc. A/51/10 & Corr.1 (1996).
23 United Nations, Making Better International Law: The International Law Commission at 50 (forthcoming 1998).
24 The United States was concerned about the budgetary implications of two provisions regarding, respectively, the arrangements for holding the 1998 session and the duration of future sessions and requested a separate vote on them. The two paragraphs were adopted by 75 in favor and 1 against, with 9 abstentions. See UN Doc. A/C.6/52/SR.32 (1998).
25 The committee had before it a report of the Secretary-General containing the comments submitted by two states on the draft convention, Argentina and Bolivia. UN Doc. A/52/294 (1997). During the debate, the United States identified the commercial activity criteria and measures of constraint as key irreconcilable issues at present and suggested that the committee continue to consider the draft after an appropriate period of reflection to ensure the widest possible agreement on major issues at an eventual conference convened to adopt a convention on the subject.
26 GA Res. 51/210, UN GAOR, 51st Sess., Supp. No. 49, Vol. 1, at 346, UN Doc. A/51/49 (1996). The committee held its first session from February 24 to March 7, 1997. See Report of the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996, UN GAOR, 52d Sess., Supp. No. 37, UN Doc. A/52/37 (1997). The chairman of the Ad Hoc Committee, Philippe Kirsch (Canada), was also elected chairman of the working group.
27 For the report of the working group, see UN Doc. A/C.6/52/L.3 (1997).
28 See the statement of the working group’s chairman, UN Doc. A/C.6/52/SR.27 (1997).
29 Art. 19, para. 2. For the text of the draft convention, see UN Doc. A/52/653 (1997), 37 ILM 249 (1998).
30 China, however, did not participate in this decision. See UN Doc. A/C.6/52/SR.33 (1997).
31 Draft convention, supra note 29, Art. 2.
32 Id., Art. 11.
33 For this draft resolution, see UN Doc. A/52/653, supra note 29. It also reiterates the main provisions of Resolution 51/210, adopted at the previous session on this subject. GA Res. 51/210, supra note 26.
34 The Russian Federation had submitted a draft of such an instrument, .see UN Doc. A/AC.252/L.3 (1997). The Ad Hoc Committee met from February 17 to 27, 1998. Work is to continue during the 53d session of the General Assembly, from September 28 to October 9, 1998, in the framework of a working group of the Sixth Committee.
35 The committee had before it the Secretary-General’s report reviewing various aspects of the program, including seminars, fellowships and various publications on international law, and providing a detailed proposal for the audiovisual library. UN Doc. A/52/524 (1997).
36 Report of the Committee on Relations with the Host Country, UN GAOR, 52d Sess., Supp. No. 26, UN Doc. A/52/26 (1997).
37 The committee adopted by a vote of 42 in favor, 20 against and 48 abstentions an oral amendment by Cuba that, inter alia, sought to broaden the scope of operative paragraph 7 by replacing the word “membership” with the words “membership and composition.” Cuba did not insist on a decision concerning its other amendments to the draft resolution contained in UN Doc. A/C.6/L.10/Rev.1 (1997).
* Codification Division, Office of Legal Affairs, United Nations. The views expressed here are solely those of the authors and do not necessarily represent those of the Organization.