Sixth Committee acts on wide variety of legal issue: protection of children, detained persons, among them.

Sixth Committee acts on wide variety of legal issues: protection of children, detained persons, among them

The Sixth Committee (Legal) in November addressed a wide variety of legal issues, including those related to protection of children and detained persons, peaceful settlement of disputes, review of the United Nations Charter, and the Law of Treaties between States and International Organizations. The General Assembly on 11 December acted on drafts proposed by the Committee on those issues and others.

In decision 40/422, adopted without a vote, the Assembly expressed appreciation at the work done in the Third and Sixth Committees in their common endeavour of elaborating a Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption, Nationally and Internationally. It also decided that informal consultations should be held early in the Assembly's 1986 session to achieve agreement on the remaining questions so that the draft Declaration could be adopted at that session. The item has been on the Assembly's agenda since 1980.

The Sixth Committee considered another draft resolution relating to the protection of children, sponsored by Chile, Finland, the Netherlands, the Philippines, Spain, Sweden and Venezuela. By it the Assembly would have expressed concern at "the large number of children who are abandoned or become orphans due to violence, internal disturbance, war, warlike situations, social crises or natural disasters". Conscious of the need to proclaim universal principles relating to foster placement or adoption of a child, it would have proclaimed the Declaration on Social and Legal Principles relating to the protection and Welfare of Children.

The draft was withdrawn in favour of a draft decision put forward by the Federal Republic of Germany, which was subsequently approved by both the Sixth Committee and the Assembly.

By decision 40/420, adopted without a vote, the Assembly decided that work would continue in 1986 in the Sixth Committee aimed at completing the draft Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

In resolution 40/78, adopted without a vote, the Assembly requested the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, at its next session (7 April-2 May 1986), to accord priority to the question of the maintenance of international peace and security in all its aspects in order to strengthen the role of the United Nations, in particular the Security Council; to continue its work on the peaceful settlement of disputes between States; and to keep the question of the rationalization of United Nations procedures under active review.

In resolution 40/68, also adopted without a vote, the Assembly urged all States to observe and promote in good faith the provisions of the 1982 Manila Declaration on the Peaceful Settlement of International Disputes, and requested the Secretary-General to continue the preparation of a draft handbook on the peaceful settlement of disputes between States.

Work of ILC: In resolution 40/75, adopted by consensus, the Assembly recommended that the International Law Commission (ILC) continue its work on the topics in its current programme, "bearing in mind the clear desirability of achieving as much progress as possible in the preparation of draft articles on specific topics". It appealed to Governments and international organizations to respond fully and promptly to ILC's requests for comments, observations and replies to questionnaires and for materials on topics in its programme of work.

By approving resolution 40/69, the Assembly invited ILC to continue its work on the elaboration of the draft Code of Offences against the Peace and Security of Mankind by elaborating an introduction as well as a list of the offences. The Secretary-General was asked to seek the views of Member States and intergovernmental organizations regarding the outline. The vote was 127 in favour to 6 against (Chile, France, Federal Republic of Germany, Israel, United Kingdom, United States), with 9 abstentions. (The work of ILC during its thirty-seventh session (Geneva, 6 May-26 July) was reported in the UN Chronicle, 1985, No. 7).

UNCITRAL: Two resolutions were adopted on the work of the United Nations Commission on International Trade Law (UNCITRAL). Under resolution 40/71, the Assembly commended the Commission for the progress made in its work, reaffirmed the mandate of the Commission, as "the core legal body" within the United Nations in the field of international trade law, and reaffirmed the importance, in particular for the developing countries, of the work of the Commission concerned with training and assistance in the field of international trade law.

In resolution 40/72, the Assembly requested the Secretary-General to transmit the text of the Model Law on International Commercial Arbitration, adopted by UNCITRAL, to Governments and to arbitral institutions and other interested bodies such as chambers of commerce, and recommended that all States give due consideration to the Model Law, in view of "the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice". (The work of UNCITRAL during its eighteenth session (Vienna, 3-21 June) was reported in the UN Chronicle 1985, No. 6.)

Law of Treaties: By adopting, without a vote, resolution 40/76, the Assembly decided to transmit to the United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations the draft rules of procedure for the Conference. A list of draft articles of the basic proposal and draft final clauses--concerning signature, ratification and entry into force of the proposed Convention were also under review.

The Conference of plenipotentiaries is to consider 85 draft articles prepared by ILC, which provide general rules to cover situations other than those involving States alone, taking into account that international organizations differ not only from States but one from another in legal form, functions, powers and structure.

New order: On the progressive development of the principles and norms of international law relating to the new international economic order, the Assembly adopted, by a vote of 125 in favour to none against, with 19 abstentions, resolution 40/67. Member States were urged to submit, not later than 30 June 1986, their views and comments with respect to the analytical study presented by the United Nations Institute for Training and Research at the 1984 session of the Assembly. Consideration of the most appropriate procedure for completing elaboration of the process of progressive development of international law, and of the forum which would be entrusted with the task, was to be undertaken by the Assembly in 1986, with a view to making a final decision on the matter.

Most-favoured nation: In resolution 40/65, adopted without a vote, the Assembly called upon Member States, interested United Nations organs and intergovernmental organizations to review the questions related to the most-favoured-nation clauses and the draft articles prepared by the International Law Commission so that the Assembly in 1988 might decide on action to be taken on the draft articles. Member States, interested United Nations bodies and intergovernmental organizations were invited to submit not later than 31 March 1988 comments and observations on the articles. States were asked to comment on the most appropriate procedure for completing work on the most-favoured-nation clauses and on the forum for future discussion.

Under most-favoured-nation clauses, States undertake to grant another State treatment that is not less favourable than that accorded to any other in an agreed sphere of relations. Several provisions of the Commission's draft articles concern the development of non-reciprocal preferences in trade. Those preferences are sought by developing countries to assure greater access to another country's markets for their products.