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The Work of the Sixth Committee at the Fiftieth Session of the UN General Assembly

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Current Developments
Copyright
Copyright © American Society of International Law 1996

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References

1 For a general description of the Sixth Committee and its role in the progressive development and codification of international law, see Virginia Morris & M.-Christiane Bourloyannis, The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly, 87 AJIL 306, 306 nn.1, 2 (1993).

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, UN Docs. A/C.6/50/SR.1–46 (1995). The statements quoted in this report were taken from the actual speeches delivered in the committee and therefore may vary slightly from the summary records, which were not available at the time.

3 The draft resolutions and decisions are contained in the reports of the Sixth Committee to the General Assembly on the various agenda items, which are forwarded to the General Assembly for action. These reports also contain information on the relevant documentation, including the summary records, for each item. See UN Docs. A/50/636–46 (1995).

4 GA Res. 50/43–55 and Dec. 50/416.

5 Report of the United Nations Commission on International Trade Law on the work of its twenty-eighth session, UN GAOR, 50th Sess., Supp. No. 17, UN Doc. A/50/17 (1995). The committee also had before it the report of the Secretary-General on the granting of travel assistance to developing countries to enable them to participate in the work of UNCITRAL, UN Doc. A/50/434 (1995). This report notes the establishment of a trust fund to provide such assistance pursuant to General Assembly Resolution 49/55 of December 9, 1994. However, no contributions had been made to the fund as of September 1, 1995.

6 [1989] 2 Y.B. Int’l L. Comm’n, pt. 2, at 14, UN Doc. A/CN.4/SER.A/1989/Add.1 (pt.2).

7 See Morris & Bourloyannis, supra note 1, at 320.

8 GA Res. 49/60, Annex, UN GAOR, 49th Sess., Supp. No. 49, Vol. 1, at 303, UN Doc. A/49/49 (1995).

9 UN Doc. A/50/372 and Add.1 (1995). A list of states parties to a number of multilateral conventions relating to various aspects of international terrorism and concluded under the auspices of the United Nations and its specialized and related agencies is contained in the annex to the report.

10 Paragraph 10 of the declaration asked the Secretary-General to collect data on the status and implementation of existing multilateral, regional and bilateral agreements on international terrorism; to publish a compendium of relevant national laws and regulations; to undertake an analytical review of pertinent international instruments to assist states in identifying potential gaps in the international legal framework for the fight against terrorism; and to review existing possibilities within the UN system for assisting states in organizing workshops and training courses on combating crimes connected with international terrorism. These measures are to be carried out within existing budgetary limits.

11 Report of the International Law Commission on the work of its forty-seventh session, UN GAOR, 50th Sess., Supp. No. 10, UN Doc. A/50/10 (1995). The committee also had before it in connection with this item a note by the Secretary-General containing the draft articles adopted by the Commission at its forty-seventh session, UN Doc. A/50/402 (1995).

12 See Robert Rosenstock, The Forty-seventh Session of the International Law Commission, 90 AJIL 106 (1996).

13 The special rapporteur proposed retaining 6 of the 12 crimes provisionally adopted on first reading—i.e., aggression, genocide, systematic or mass violations of human rights (crimes against humanity), exceptionally serious war crimes, international terrorism and illicit drug trafficking—and deleting the other 6—i.e., threat of aggression, intervention, colonial domination and other forms of alien domination, apartheid, the recruitment, use, financing and training of mercenaries, and willful and severe damage to the environment.

14 See Vienna Convention on the Law of Treaties, opened for signature May 23, 1969, 1155 UNTS 331; Vienna Convention on Succession of States in Respect of Treaties, opened for signature Aug. 23, 1978, UN Sales No. F.79.V.10 (1979), 17 ILM 1488 (1978); and Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, opened for signature Mar. 21, 1986, UN Doc. A/CONF.129/15 (1986), 25 ILM 543 (1986).

15 Report of the Ad Hoc Committee on the Establishment of an International Criminal Court, UN GAOR, 50th Sess., Supp. No. 22, UN Doc. A/50/22 (1995).

16 Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, UN GAOR, 50th Sess., Supp. No. 33, UN Doc. A/50/33 (1995).

17 The working group was chaired by María del Luján Flores (Uruguay), who reported orally to the Sixth Committee on the work of the working group. See UN Doc. A/C.6/50/SR.46 (1995).

18 UN Doc. A/50/361 (1995).

19 See, e.g., Virginia Morris & M.-Christiane Bourloyannis-Vrailas, The Work of the Sixth Committee at the Forty-ninth Session of the UN General Assembly, 89 AJIL 607, 611 (1995); Report of the Special Committee, supra note 16, paras. 18–25, 35–40.

20 The Democratic People’s Republic of Korea requested a vote on the draft resolution and then abstained on the grounds that the “enemy state” clauses were still valid with regard to Japan, which, in its view, had not atoned for its actions in respect of Korea. See UN Doc. A/C.6/50/SR.46 (1995).

The Special Committee was also requested to continue to consider the question of assistance to third states affected by sanctions, taking into consideration the report of the Secretary-General, the proposals presented on this subject, the views expressed during the debate, and, in particular, the implementation of the separate draft resolution adopted on this subject.

21 The chairman of the working group, Peter Tomka (Slovakia), presented an oral report to the Sixth Committee. See UN Doc. A/C.6/50/SR.45 (1995).

22 The program for the third term of the Decade was adopted by the General Assembly in 1994, GA Res. 49/50, Annex, UN GAOR, 49th Sess., Supp. No. 49, Vol. 1, at 289, UN Doc. A/49/49 (1994). The report of the Secretary-General contains an analysis of replies by states and international governmental and nongovernmental organizations on the implementation of that program, as well as information on UN activities relevant to the progressive development of international law and its codification. UN Doc. A/50/368 and Adds.1–3 (1995).

23 The Legal Counsel indicated that the Organization’s goal was to convert the text of the Treaty Series to optical disk format and to provide users with on-line access to text and editorial data by early 1996. See UN Doc. A/C.6/50/SR.42 (1995).

24 This program, established in 1965, consists of measures to promote and coordinate existing international law programs carried out by states and international organizations and institutions, as well as forms of direct assistance and exchange, such as seminars, training and refresher courses, fellowships, advisory services of experts, the provision of legal publications and translations of major legal works. GA Res. 2099 (XX), UN GAOR, 20th Sess., Supp. No. 14, at 89, UN Doc. A/6014 (1965). See also GA Res. 2204 (XXI), UN GAOR, 21st Sess., Supp. No. 16, at 98, UN Doc. A/6316 (1966). For the Secretary-General’s biennial report on the program, which the committee had before it, see UN Doc. A/50/726 (1995).

25 UN GAOR, 50th Sess., Supp. No. 26, UN Doc. A/50/26 (1995).

26 UN Doc. A/50/142 (1995). For prior discussion of this item in the General Assembly, see UN Doc. A/50/PV.68 (1995).