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Documents concerning Amendment of the Statute of the International Court of Justice

Published online by Cambridge University Press:  20 March 2017

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Type
Other Documents
Information
International Legal Materials , Volume 9 , Issue 3 , May 1970 , pp. 616 - 632
Copyright
Copyright © American Society of International Law 1970

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References

1] A/7591. [I.L.M. page 619]

2] A/7591/Add.1. [I.L.M. page 624]

* [On December 12, 1969, on the recommendation of the Sixth Committee, the U.N. General Assembly decided without objection to postpone consideration of amending the Statute of the I.C.J, and requested the Secretary-General to include the item in the provisional agenda of the twenty-fifth regular session.]

3] A/7591/Add.2 and Corr.1 (English only). [I.L.M. page 626]

4] A/7700, paras. 12 and 15.

5] A/7793, annex I.

6] Ibid., annex II.

7] A/7793.

8] Ibid., annex III.

9] A/7700/Add.5, para. 3.

1] The proposal for amendment and the explanatory memorandum are identical with those reproduced above in the present document.

1] This draft resolution constitutes an addendum to the explanatory memorandum submitted by the International Court of Justice pursuant to rule 20 of the rules of procedure of the General Assembly (A/7591, p. 2).

* A/7591/Add.2/Corr.1

a] The UPU and the ITU do have fixed seats. Originally established in Switzerland (about 100 years ago) their basic conventions placed these organizations under the supervision of the Swiss Government whereas the Court is not under the supervision of any Government. The status of the • International Telecommunication Union has, however, changed since the United Nations has come into being (Convention of Atlantic City,” 1947, fixed its seat at Geneva). The Berne Treaty of 1874, concerning the General Postal Union, subsequently Universal Postal Union, did not provide for its seat, It was fixed only in 1952, the Swiss Government retaining a kind of control over its financial operation.

The IBRD has its principal offices “located in the territory of the Member holding the greatest number of shares” (article V, section 9); the International Monetary Fund has its offices: “in the territory of the Member having the largest quota” (article XIII, section 1). Thus both may move their seats, as the result of financial changes in their structure.