GA/L/3148

STUDY OF MEASURES TO HELP ‘THIRD COUNTRIES’ AFFECTED BY IMPOSITION OF SANCTIONS IS RECOMMENDED IN LEGAL COMMITTEE DRAFT

Debate Concluded on United Nations Administrative Tribunal, International Law and New Economic Order

The General Assembly would establish a specific working group of the Sixth Committee (Legal) to study effective measures to provide assistance to third States affected by the application of United Nations sanctions under a draft resolution introduced in the Committee this afternoon.

By the terms of the text, sponsored by Bulgaria, Russian Federation and the Ukraine, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization would continue to give priority to the issue at its 2001 session. The General Assembly would renew its invitation to the Security Council to consider the establishment of further appropriate mechanisms or procedures for early consultations with the third States on a solution to their special economic problems as provided for under Article 50 of the Charter.

Also on the Sixth Committee’s agenda today was a review of the Statute of the Administrative Tribunal of the United Nations, a group of experts that adjudicates employment disputes between the United Nations and its staff members. The Committee also considered an item on international law and the new economic order. The debate on both items was concluded.

Speaking in the discussion on international law and the new economic order were the representatives of Cuba and China. In the debate on the Administrative Tribunal, the representatives of the United Kingdom, France, Mali, Sierra Leone, India, Cuba, Syria and Nigeria spoke.

On the matter of the Tribunal’s Statute, the representative of the United Kingdom said a revised draft resolution was being circulated on the basis of comments received from other delegations. The drafters had not insisted on transforming the members of the Tribunal into judges on a court, nor did the draft provide for precise qualifications for their appointment. The revised reference on qualifications left room for the possibility that appointees with no legal experience, but who had wide experience of the operation of the United Nations system, would not be excluded from membership of the work of the Tribunal.

Sixth Committee - 1a - Press Release GA/L/3148 8th Meeting (PM) 16 October 2000

The proposal received general support from other speakers. The representative of India said that since the Tribunal was increasingly called upon to deal with complex legal issues, it was appropriate that its members possess the requisite qualifications and experience as proposed in the amendment. He said the proposal for a new Article 8, whereby matters involving a significant question of law could be referred for consideration by the whole Tribunal, would also increase the authority of its judgements.

Several speakers stressed that any changes in the composition of the Tribunal should respect the principle of equitable geographical representation.

On the legal aspects of international economic relations, both China and Cuba supported inclusion of the issue on the Committee’s agenda. The representative of China said that to reverse the imbalance in world economic development, the international community must transform the existing world economic order into one more conducive to the interests of all countries. The process must be allowed to progress gradually, thereby providing the necessary legal protection for the achievement of genuine economic cooperation between developed and developing countries.

The representative of Cuba recommended that the Committee solicit opinions from delegations about the best way to proceed in the codification and progressive development of principles and norms for international economic relations.

The Committee will meet again Wednesday, 18 October, at 10 a.m. to begin its consideration of the agenda item on the establishment of an international criminal court.

Sixth Committee - 3 - Press Release GA/L/3148 8th Meeting (PM) 16 October 2000

Sixth Committee Programme

The Sixth Committee (Legal) met this afternoon to begin its examination of two agenda items: progressive development of the principles and norms of international law relating to the new international economic order; and review of the Statute of the Administrative Tribunal of the United Nations.

The Tribunal is an expert group that adjudicates employment disputes between the United Nations and its staff members.

Statements

On the question of international law and the new international economic order, SORAYA ELENA ALVAREZ NUÑEZ (Cuba) said it was particularly important, given the new conditions of globalization and interdependence. It should be kept on the Committee’s agenda. She said the present economic order was cruel, unfair, inhumane and unsustainable. The subject required immediate action on the part of the United Nations. Facing that challenge would strengthen the Organization and help it to meet its obligations in the new millennium.

During the Millennium Summit, she said, heads of State had stressed that globalization could and must become a positive force in the world, and that its benefits and costs be shared equally. The Non-Aligned Movement and the Group of 77 had reaffirmed the need to analyse the current situation, and move decisively towards establishing a more just, equitable, fair and open international economic order, that would contribute to peace and universal development.

The issue was closely related to peace and the resolution of conflicts, she continued. There were 6 billion people in the world, 80 per cent of whom were poor. The international community needed new values, norms and principles to guide the establishment of a new international economic order. The Committee could solicit opinions and comments about the best way to proceed in the codification and progressive development of principles and norms for international economic relations. The Secretary-General could then submit a report on the matter. She was convinced that the proposal would be supported and that it would lead to the submission of new initiatives on the subject.

SU WEI (China) said the advancement of modern science and technology had not benefited all countries. Many developing nations found themselves trapped in increasing poverty, with heavy debt burden and economic difficulties that had severely hampered their development efforts. The development disparity between the North and the South and the gap between rich and poor were widening. Economic globalization had brought about tremendous challenges and pressure on the economic sovereignty and security of developing countries.

To reverse the imbalance in world economic development, he said, the world community must make joint efforts to transform the existing world economic order to make it conducive to the maintenance of the interests of all countries. He proposed that deliberation on the item should embody the historic development and evolution of the times, and also reflect the common interests of all people. It should adhere to the purposes and principles of the Charter and other universally recognized norms of international relations. There should be respect for the special circumstances of various countries and the right of their peoples to choose their own social systems and development path. There should be consultation among delegations on the subject, and the needs of developing countries should be accommodated.

He said international legislative work should be approached with reason and practicality. The process must be allowed to progress gradually, thereby providing the necessary legal protection for the achievement of genuine economic cooperation between developed and developing countries. His delegation hoped positive results would be achieved in deliberations on the item.

On the Statute of the Administrative Tribunal, ALICE BURNETT (United Kingdom) said that following comments from other delegations, a revised draft resolution on the Tribunal was being circulated. It had been prepared by the United Kingdom, Ireland and France. It was shorter than last year’s, and had been formulated on the basis that amendments to the Tribunal’s Statute should be technical in nature and should allow the Committee to proceed by consensus on the matter.

She said the drafters had not insisted on transforming the members of the Tribunal into judges on a court, nor did the draft provide for precise qualifications for their appointment. Instead, there was simply a reference to the need for them to have the requisite qualifications and experience, including legal qualifications and experience as appropriate. That reference left room for the possibility that appointees with no legal experience, but who had wide experience of the operation of the United Nations system, would not be excluded from membership of the work of the Tribunal.

FRANÇOIS ALABRUNE (France) said the authority of the Tribunal was respected by everyone. It was clearly a full-fledged court with the capacity to take into account various points from different legal systems. France had previously emphasized the importance of bolstering the Tribunal within the United Nations system and improving its practical functioning without changing its nature. Last year’s draft resolution [which had eventually been withdrawn] was intended to bring out better the Tribunal’s nature as a court. The ensuing comments from delegations had been constructive and useful. The British, French and Irish delegations had prepared a new draft resolution on the basis of those comments. The new draft advocated a more modest approach than the one submitted last year.

As to duration of term, it was deemed useful to provide a degree of certainty for possible renewal for members, which would allow them to benefit from the first years of their term. Therefore, the draft called for mandates of four years, with the possibility of one renewal. Furthermore, in response to concerns that judgements might be rendered by only a small number of judges, the draft provided for judgements to be rendered by a plenary.

SALIFOU FOMBA (Mali), speaking on the revised draft text on the Tribunal referred to by the representative of the United Kingdom, said his delegation supported the language of its preamble and congratulated the Tribunal on its achievements. He said the Tribunal should be made effective. Commenting on the operative paragraphs of the draft text, he said the qualification of the judges should recognize competence in administrative law. He noted that the qualifications were close to those of members of the International Court of Justice. He supported the four-year term of office, with the possibility of one renewal, as proposed under the amendments. The proposal was in line with international practice.

He suggested an improvement in the drafting of the text. He fully agreed with the authors of the draft text for their concrete proposals to ensure the effective functioning of the Tribunal.

ALLIEU IBRAHIM KANU (Sierra Leone) said his delegation was one of the States that had expressed concerns about an amendment to the Tribunal’s Statute, introduced in the Sixth Committee last year. The Tribunal, he said, was a quasi- administrative body that should not be given the trappings of a full court. However, on the basis of the new proposals introduced by the United Kingdom, his delegation was flexible, and could go along with the amendments.

PREM GUPTA (India) said that since its establishment in 1949, the Tribunal had issued more than 900 judgements and had won the confidence of both the staff and the administration. There was evidence of that in the increasing number of appeals lodged with it, as well as the acceptance and implementation of its judgements. Member States had shown their trust in the Tribunal by the deletion, through General Assembly resolution 50/54 of 29 January 1996, of article 11 of its Statute. The text provided for a review procedure through which an advisory opinion of the International Court of Justice could be requested on the validity of the Tribunal’s judgements. Accordingly, he said, the Tribunal’s judgements were now final and without appeal. Another sign of confidence was the decision by the International Court of Justice that the Tribunal would have the competence to hear appeals from members of its Registry.

He said his delegation supported the proposals submitted by France, Ireland and the United Kingdom. Since the Tribunal was increasingly called upon to deal with complex legal issues, it was appropriate that its members possessed the requisite qualifications and experience as proposed in the amendment. The proposal for a new article 8 whereby matters involving a significant question of law could be referred for consideration by the whole Tribunal would also increase the authority of its judgements.

Ms. ALVAREZ NUÑEZ (Cuba) said her delegation recognized the importance of the work the Tribunal had undertaken this year. The Tribunal’s existence was important, taking into account the process of reform of the Organization. She expressed the hope that the proposed amendment would contribute to the Tribunal’s impartiality and independence, as well as to the internal system of justice of the Organization.

She said a report of the Joint Inspection Unit (JIU) on the Tribunal (document A/55/57) had made three recommendations. Cuba agreed that the recommendations be further discussed. It also agreed with the JIU recommendation on the qualifications of the Tribunal’s judges. Cuba also supported its other recommendation, that appointments should be made on the basis of equitable geographic representation.

GHASSAN OBEID (Syria) asked if it were possible to arrange informal consultations on the draft to consider the proposals. He stressed his country’s support for the principle of equitable geographic representation in the Tribunal. The Tribunal’s judges should be representative of all the different legal systems in the world, he said.

KENJIKA L. EKEDEDE (Nigeria) said his delegation had been one of those which had raised concerns last year over attempts to introduce radical changes to the structure and character of the Tribunal. Moreover, the motives behind the draft were not clear. The proposers of the draft, though, had noted the concerns of delegations and had incorporated them into the new draft proposal. The draft was a welcome development and Nigeria was prepared to support it. He said Cuba’s point about respect for equitable geographical representation was important and should be heeded.

ROBERTO LAVALLE-VALDES (Guatemala), saying he agreed with the United Kingdom proposal, made some suggestions on the language in the draft.

Draft on Assistance to Third States

IGOR PANEVKIN (Russian Federation) introduced a draft on assistance to third States affected by the application of sanctions.

The draft, entitled "Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions", is co-sponsored by Bulgaria, Russian Federation and Ukraine (document A/C.6/55/L.3).

By the text, the General Assembly would decide to establish a working group of the Sixth Committee to consider further the elaboration of effective measures to implement Charter provisions related to assistance to third States affected by the application of sanctions under Chapter VII of the Charter. The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization would also be asked to continue to consider the issue, on a priority basis, at its 2001 session, taking account of all related reports, particularly the 1998 report of the ad hoc expert group which studied the question, as well as the most recent report of the Secretary-General on the subject.

The Assembly would renew its invitation to the Security Council to consider the establishment of further appropriate mechanisms or procedures for early consultations -- under Article 50 of the Charter -- with affected States, on a solution to their special economic problems arising from preventive or enforcement measures imposed under Chapter VII of the Charter.

The draft would also reaffirm the important role of the General Assembly, the Economic and Social Council and the Committee on Programme and Coordination (CPC) in appropriately mobilizing and monitoring economic assistance efforts by the international community and the United Nations system to those third States, and also in identifying solutions to their problems. The Economic and Social Council would be invited to make appropriate arrangements at its 2001 organizational session to consider the question of assistance to them.

Organizations of the United Nations system, international financial institutions, other international organizations, regional bodies and Member States would similarly be invited to address more specifically and directly the special

economic problems of those third countries. For that purpose, they would be asked to consider improving procedures for consultations with them, including, where appropriate, special meetings with them and the donor community with the participation of United Nations agencies and other international organizations.

By other provisions of the draft resolution, the Secretary-General would be asked to ensure that competent units within the United Nations Secretariat develop appropriate modalities and guidelines for coordinating information about international assistance available to third States affected by sanctions, and to continue developing a possible methodology for assessing the adverse consequences of the sanctions as well as practical measures to assist them.

The Secretary-General would also be asked to submit a report on the implementation of the resolution to the General Assembly at its fifty-sixth session next year under an agenda item entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization".

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