A/36/PV.63 General Assembly

The positions of delegations re- garding the various recommendations of the Special Polit- ical Committee have been made clear in the Committee and are reflected in the relevant official records. 5. May I remind members that, under decision 34/401, the General Assembly agreed that when the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, that is, either in the Commit- tee or in the plenary meeting, unless that delegation's vote in plenary meeting is different from its vote in the Com- mittee. May I also remind members that, in accordance with the same decision, explanations of vote should not exceed 10 minutes and should be made by representatives . from their seats. 6. I now invite members to turn their attention to the report of the Special Political Committee on agenda items 61 and 62 [A/36/657 and Co"-/]. The Assembly will now take a decision on the draft resolutions recommended by the Special Political Committee in paragraph i 0 (j) of its report. 7. The Committee adopted draft resolution I, entitled ..International co-operation in the peaceful uses of outer space", without a vote. May I take it that the General Assembly wishes to do likewise?

We turn to the report of the Spe- cial Political Committee on agenda item 63 [A/36/690). 10. The Assembly will now take a decision on the draft resolution entitled "Comprehensive review of the whole question of peace-keeping operations in all their aspects", recommended by the Special Committee in paragraph 6 of its report. The Committee adopted that draft resolution without a vote. May I take it that the General Assembly wishes to do the same?

I caIl on the Deputy Minister for Foreign Affairs of Sri Lanka, the current Chairman of the Asian-African Legal Consultative Committee, who will introduce draft resolution A/36/L.17 and Add. I.

I should like at the very outset to say how happy my delegation is to partici- pate in this meeting to commemorate the twenty-fifth an- niversary of the Asian-African Legal Consultative Com- mittee. My happiness is all the greater since my Government holds the office of Chairman of the Commit- tee for the current year. 13. The Government of Sri Lanka, having been one of the seven founding members of the Committee has during the last quarter of a century, enjoyed a very close and mutually beneficial relationship with the Committee and has actively participated in all. its programmes and ac- tivities. My delegation is therefore in a position to speak at first hand of the very significant contribution the Com- mittee has made in the field of the progressive develop- ment and codification of international law. . 14. The "Asian-African Legal Consultative Committee was established in 1956 as the Asian Legal Consultative Committee, with a view to providing countries in Asia which had then emerged from long periods of colonial rule with an institution-if I may say so-of their own which could be consulted for assistance and guidance with regard to various matters of international law that were of particular concern and interest to those countries in the immediate post-independence period. It is therefore understandable that the Committee's work in its formative years consisted mainly of the ·preparation of studies on subjects such as citizenship and nationality, succession of States, treatment of foreigners, concession contracts, en- forcement of foreign judgements, arbitral awards and so on. 18. My delegation is particularly gratified to note that it was at the Committee's twenty-second annual session, held at Colombo from 24 to 30 May 1981, that following a proposal made by my Government, the decision was taken to request that the commemoration of the twenty- fifth anniversary of the Committee should be inscribed as 15. FoIlowing the emergence of African countries as an item on the agenda of the' thirty-sixth session of the free and independent States in the late 1950s and the General Assembly. My delegation takes great pride in I960s, the Committee was privileged to accept into its having been able to participate actively in all the activities membership several African countries which were simi- of the Committee over the last quarter of a century larly placed in regard to a consultative mechanism to 'en- and looks forward to strengthening further this close and 16. Following a decision taken at the annual sessions of the Committee held at Colombo in 1972-at which, inci- dentially. as a lawyer, I had the privilege of representing my country as a delegate-the Committee's annual ses- sions are now attended by countries of Western and East- ern Europe. Latin America and the Pacific, thereby en- hancing the effectiveness of the Committee's role in the progressive development of international law. It is gratify- ing to note that neither the membership of the Committee nor the Committee itself lost sight of the fact that if inter- national law is to serve as a vehicle for effecting changes in the fabric of the international legal order, it is impera- tive that the concerns and views of the international com- munity as a whole should be given due weight and coo- sid~ration. The participation of the developed countries in the deliberations of the Committee at its annual sessions has faciHtated the search for a consensus in regard to emerging principles of international law, as is clearly evi- dent in the Committee's work, especially on the law of treaties and the law of the sea. The significant contribu- tion th.at the Asian-African Legal Consultative Committee has made to the development of a new branch of interna- tional law relating to rights in and the exploitation of mar- itime resources in the maritime economic zones is deserv- ing of the highest praise. 17. Having contributed in its own way to the evolution of international legal norms relating to the resource juris- diction of countries in maritime areas, the Committee, I am happy to say, has now turned to finding ways and means of assisting developing countries members of the Committee to implement effectively the new rights ac- . quired through the development of this branch of interna- tional law. The Committee has therefore turned its atten- tion now to developing regional mechanisms for the control and prevention of marine pollution and the op- timum utilization of fisheries and other resources in exclu- sive economic zones. '{he Committee has also in recent years given high priority to the estabHshment of regional institutions for the settlement of international commercial and trade disputes. The Committee has already estab- lished regional centres for the settlement of commercial and trade disputes in Kuala Lumpur and Cairo, and intends to establish similar centres in. West and East Af- rica as well. The two centres already established have en- tered into arrangements with the World Bank International Centre for Settlement of Investment Disputes in order to enable States in the region to have recourse to those cen- tres for the settlement of investment disputes under the auspices of the Centre of the World Bank. 19. My delegation is honoured to introduce, on behalf of its sponsors, draft !Csolution A/36/L.17 and Add. I, commemorating the twenty-fifth anniversary of the Com- mittee.

May I take it that the General Assembly adopts draft resolution A/36.L.17 and Add. 1 just introduced? The £!raft re~olution was adopted (resolution 36/38).

I should like to associate myself with the decision just taken and extend to the Asian-Af- rican -Legal Consultative Committee my best wishes for a continuing constructive contribution in the field of law. As the Assembly has seen in the explanatory memoran- dum [see A/36/191 and Add.l and 2], the Committee came into being as a direct 'result of the famous Asian- African Conference held at Bandung in 1955. Since that date it has made an outstanding contribution in bringing together interregional and national viewpoints across the spectrum of international law and codification, especially in the areas of the law of the sea and international trade law. 22. As members know, by the terms of Assembly reso- lution 35/2 the Committee was accorded observer status in the United Nations, and as a result of the decision just taken we look forward to continuous constructive co-oper- ation between the United Nations and the Asian-African Legal Consultative Committee. 23. I now call on the SecretarY-general.

Mr. President. I thank yOu for giving me this opportunity to extend my warm congratulations to the members of the Asian-Af- rican Legal Consultative Committee. which recently cele- brated its twenty-fifth anniversary. It is most appropriate that this important milestone in the history of the Com- mittee should be commemorated by the General Assem- bly. 25. The Committee. which emerged as a result of the historic Bandung Conference. 3' you. Mr. President. have just so rightly remarked. has proved to be a major forum 31. The Committee has promoted effective examination for Asian-African consultation and co-operation in the by the member States of questions relating to various as- legal field. It has also been a channel for transmitting pects of international law. supplied them with the reql1isite knowledge of the rich legal traditions of Asia and Africa documentation and materials. and-developed recommenda-. to other regions of the world. Over the years the Commit- tions and rules which could act as guidelines and provide tee has oriented its activities to complement the work of a legal framework for resolving problems petween them the United Nations in many spheres. It is gratifying that it as well as promoting co-operation among them. Specifi-'. has maintained close relations with the legal bodies of the cally. the Committee has developed a series of recommen- United Nations. particularly the International '.aw Com- dations on international economic relations law, including mission and the United Nations Commission on Intcrna- international trade law. prepared model conciliation and tional Trade Law. Moreover. the Committee has made arbitration rules. prepa.red model contracts fpr com- substantive contributions to various multilateral conven- modities and machinery which are exported or imported tions and other international legal instruments covering by developing countries. and established regional centres very large areas of public and private international law. for the settlement of commercial disputes. The Committee By virtue of its prestige and influence it has played a has also assisted the member States in the fields of the major role in facilitating the adoption and ratification of law relating to diplomatic and consular relations. the law such instruments by Asian and African countries. This of treaties and the law of the sea. apart from other matters has been of great help in promoting the development and such as the law relating to special missions. State succes- wider acceptance of international la'" in relations among sion in respect of treaties. humanitarian law. and environ.,., States. ment law. . .• . ' . i ' 27. I wish once again to express my deep appreciation of the valuable results achieved by the Committee, which augur well for its work in the years ahead. I am sure that the Committee will continue to maintain close co-opera- tion with the United Nations and will strive with dedica- tion towards the establishment of a more equitable world order based on universally accepted principles of law.

I now call on the representative of India, which is the host country of the Asian-African Legal Consultative Committee.

As the representative of the host country for the Asian-African Legal Consultative Committee, it is a great honour and privilege for me to speak in commemoration of the twenty-fifth anniversary of the establishment of this Committee and to express my satisfaction that resolution 36/38 to this effect, the text of which was sponsored by more than 25 States Members of the United Nations, including India. has just been unan- imously adopted by the General Assembly. The essential purpose of this resolution is to recall the substantial con- tribution that the Committee has made to the promotion of solidarity among the Asian and African States and to the progressive development of international law, which is of concern not only to the States members of the Commit- tee but also to the community of States as a whole. The Committee has also promoted and strengthened the co- operation that exists between these countries and the United Nations in the fields .of common endeavour. 30. The Asian-African Legal Consultative Committee was established in 1956 as an outcome of the Bandung Conference. with an original membership of only seven States: Burma. Indonesia. Iraq, Japan. Sri Lanka, Syria and India. With the passage of time it has become the major forum for consultation and co-operation between the member States from the continents of Asia and Af- rica. In 1981 the Committee has a membership of 40 States. In addition. the Committee's regular sessions have been at!ended by an increasing number of observer dele- gations representing Governments and international organ- izations from all parts of the world. 33. It was thus a matter of great satisfaction to the Com- mittee as well as to its member States when the United Nations considered it appropriate in 1980 to grant it ob- server status. This amounts to recognition not only of the significant contribution made by the Committee in the fields of common endeavour-namely, international law, including international tracl~ law and international eco- nomic relations law-but also of -its endeavours to pro- mote co-operation in the economic, social and cultural fields. With the adoption of the present resolution, co- operation between the United Nations and the Committee will increase in all these fields, and the objectives of the United Nations and the interests of regional co-operation will be strengthened and promoted. 34. I should also like to make use of this opportunity to pay a special tribute to Mr. B. Sen, the eminent Secre- tary-General of the Committee, for the significant contri- bution made by him and for the devotion and efficiency with which he has built up the Committee to its present status.

I call on the representative of Be- nin, who will speak on behalf of the group of African States.

On this memorable day when we are celebrating the twenty-fifth anniversary of the establishment of the Asian-African Legal Consultative Committee it is a great honour and pleasure for me to speak from this rostrum as Chainnan of the group of African States at the United Nations to pay a well-deserved tribute to the originators of the Asian-African Legal Consultative Committee, such a fine example of co-operation and solidarity in the sphere of international law. 37. For that reason I wish, first of all. to congratulate very warmly all of the founding countries-Bunna. India. Indonesia, Iraq, Japan, Sri Lanka and Syria-which took the noble initiative of convening the Asian-African Con- ference at Bandung. an historic city. cradle and symbol of our great non-aligned movement. It was that Conference which, one year later, in November 1956, gave birth to the Asian-African Legal Consultative Committee. whose silver wedding anniversary, as it were, we are celebrating today, 18 November 1981. In my humble opinion I hardly need to say here that the wishes of the founders have been fulfilled and that the objectives they set themselves when they established the Committee have been largely achieved. 38. Now, 25 years later, the Committee. which had only' seven members when it was established. comprises 40 important member States. all of them in Asia and Africa. The Committee has worked hard to give concrete ex- pression to the objectives assigned to it at its creation. Thus, while perfonning effectively as a consultative body for judicial co-operation for the benefit of member States. it has organized meetings dealing with major legal issues in which a large number of delegations from non-member countries and international organizations have taken part. 40. I should not like to conclude without welcoming the decisive role played by that Committee-born in the con- text of the spirit of the Bandung Conference, the spirit of the awakening of the peoples of Asia and Africa-in the promotion of a new international legal order for the bene- fit of mankind as a whole and the peoples of Asia and Africa in particular, peoples that so ardently yearn for a new international order, the sole pledge of genuine peace and security in the world. 41. In conclusion, I express the hope that the Commit- tee will achieve ever greater gains in its noble and exalted mission for the benefit of the peoples of Asia and Africa. Ready for the revolution; the struggle continues.

I call on the representative of Pakistan, who will speak on behalf of the group of Adan Stat~s.

It gives me great pleasure to extend, on behalf of the Asian member States and the delegation of Pakistan, our sincere felicitations and good wishes to the Asian-African Legal Consultative Commit- tee on the occasion of its twenty-fifth anniversary. 44. EStablished in 1956, following the historic Bandung Conference, as an organization for consultations among Asian and African nations in the field of international law, the Legal Consultative Committee has today become an important forum for interaction among the States of those two continents on major international issues not only con- cerning international law in all of its aspects, but also in the' broader fields of economic co-operation and trade. 45. The Asian-African Legal Consultative Committee has made a significant contribution over the last quarter . century to the fonnulation of international conventions on diplomatic relations and on the law of treaties. Its contri- bution to the work of the Third United Nations Con- ference on the Law of the Sea has been widely acknowl- edged. It is currently engaged on a continuing basis in clarifying the concept of the exclusive economic zone. settlement of disputes in economic transactions and pro- tection of the environment. The Committee has been co- operating closely with the United Nations and its spe- cialized agencies. as weB as with other international organizations. and has assisted in a positive Manner in the achievement of their aims and purposes. It was in recog- nition of that role that the General Assembly decided at its thirty-fifth session to accord pennanent observer status to the Committee. 46. One of the most important aspects of the Commit- tee's work has been the assistance provided by it to Af- rican and Asian States in preparing for major international conferences affecting the legal and juridical rights and ob- ligations of States. It has also equally importantly served as a forum for infonnal dialogue between the developing countries of the Asian and African continents on the one hand. and the industrialized nations on the other. The Committee has provided texts of model legislation and model bilateral agreements de~igned to safeguard the in- terests of individual member States, as well as the coun- tries of Africa and Asia as a whole. This aspect of the Committee's work has been particularly significant (or the newly independent States of the two continents in the fields of trade and arbitration of commercial disputes. set-

I call on the representative of Po- land, who will speak on behalf of the group of Eastern European States.

It is with great pleas- ure that, speaking in my capacity as Chairman of the group of Eastern European States, I associate myself with other members of the Assembly in conveying our sincere congratulations to the Asian-African Legal Consultative Committee on its twenty-fifth anlliversary. 50. Established at the initiative of the Indian Prime Min- ister, Mr. Nehru, in November 1956 in the wake of the historic 1955 Bandung Conference, the Committee was one of that Conference's achievements. The principal pur- poses of the Committee, to contribute to the promotion of world peace, foster all-round international co-operation and encourage progress through law, are deeply rooted in the famous ten principles of Bandung. These objectives fully correspond with those to which all States Members of the United Nations are committed through its Charter. 51 . Reflecting the real needs of the countries of Asia and Afrka, the Legal Consultative Committee has rightly selected for its consideration timely and very important issues of COnlemporary international relations and interna- tional law. 52. Among the issues dealt with by the Committee there are not only such legal questions as diplomatic privileges and immunities. dual nationality. treatment of aliens. ar- bitral and judicial procedure. the law of the sea and inter- national rivers. but also significant political and economic questions-for example, legality of nuclear tests. devel- opment of economic zones. regional or subregional co- operation in the field of industrialization. preparation of model agreements for joint ventures or transfer of tech- nology. It is necessary to emphasize the vital importance of those matters for the social and economic development of Asian and African countries. 53. We note with satisfaction the good and fruitful co- operation of the Asian-African Legal Consultative Com- mittee with the International Law Commission and other United Nations organs. To facilitate and develop this co- operation. the General Assembly at its thirty-fift.h session accorded observer status to the Legal Consultative Com- mittee. 54. We believe that the constructive activity of the Asian-African Legal Consultative Committee so far is a good augury for its success in the future.

I call on the representative of Finland. who will speak on behalf of the group of West- ern European and other States. 57. The basis of orderly conduct of relations between nations is the rule of law. That rule of law must be re- spected by every nation, whether big or small, aligned or non-aligned or neutral, regardless of geographical loca- tion, political order, stage of economic development or legal system. But the rule of law needs instruments for its progress and development. ~s such an instrument, !he Committee has played a cruCIal role as far as the ASIan and African States are concerned. 58. But the importance of the Committee transcends its membership. This can easily be seen. for instance. in connection with the work on the law of the sea. The Committee has placed very particular emphasis on this important sphere of law, which is close~y linked with questions of global economic development. Indeed. we are all aware of the efficient work conducted by the Com- mittee in this regard. 59. But the Committee has also been active in various other fields of law. Its role in the over-all development and codification of international law has grown in impor- tance. During the last few years the Committee .has ~­ come a generally recognized body of legal expertIse With increased global interest. That particular role of the Com- mittee was recognized by the international community during the thirty-fifth session of the General Assembly, when the Committee was accorded permanent observer status in the Organization. This arrangement should be instrumental in developing further the relations of t~e Committee with the United Nations. Already the Commit- tee works closely with the International Law Commission. From the very beginning this co-operation has been one of the primary objectives of the Committee. 60. The Asian-African Legal Consultative Committee has also extended invitations to delegations from outside the Asian-African region. including an invitation to my group. "that is the group of Western ~uropean and.oth~r States. to participate as ob~ervers In the CommIttee s meetings-an opportunity which has been most useful. 61 . It gives me particular pleasure as the representative of Finland. which has had a long tradition of such par- ticipation. to pay a tribute. on behalf of the group of Western European and other States. to the Committee on the twenty-fifth anniversary of its activities. We are confi- dent that in the years to come the Committee will ~urther inspire and enhance co-operation between States In the elaboration of regional. as well as global, legal rules for the benefit of the international community as. a whole and for the benefit of the rule of law among nations.

I call on the representative. of Mexico. who will speak on behalf of the group of Latin American States.

As chairman of the group of Latin American States during the month of November. I wish to transmit the sincere congratulations of the group to the Asian-Af- rican Legal Consultative Committee on the occasion of its twenty-fifth anniversary. 65. The relationship between the Committee and the United Nations organs, the Governments of Member States and non-governmental bodies has enabled it to ac- quire vast experience, which it has, in an exemplary fash- ion, placed at the service of the purposes and principles of the Charter. 66. The work carried out by the Committee eloquently demonstrates the strong traditions of the developing coun- tries. For us, respect for law is the most lasting guarantee of peace and the best instrument available to us to defend the interests of weak countries and to limit the abuses of the powerful, which are often expressed by mean:; of in- timidation. pressure and force. 67. The task which lies ahead of organizations such as this one is enormous. While developing countries are es- sentially united, since we recognize that we have a com- mon historical origin and similar causes to defend, it is also true that in practice the ties that bind us are stilI very weak. Thus the work of this Committee is naturally part of the context of relations among the countries of the South, which we wish to strengthen. 68. On behalf of the Latin American region, I declare the intention of our countries to strengthen our relations with the Committee and to invite it most cordially to ex- tend its activities in tbe near future to the Latin American region. 69. Much time has elapsed since the Bandung Con- ference, and since then the ties of solidarity between the various regions of the third world have been considerably strengthened. In our day and age there is no reason for exclusivity. What is of interest to the peoples of Africa and Asia also affects the Latin American nations. 70. We therefore wish to take this opportunity to reite- rate in the clearest and most emphatic terms our desire to deepen the relationships that exist between us and the countries of Asia and Africa. Be it in the Group of 77, within the non-aligned movement or through the positions that we take at the international level, it is increasingly clear that a new political reality exists, which is typified by the emergence of the third world as an organized and united political entity. 71. No passing circumstance can erode or diminish the degree of unity that exists among the developing countries of Asia. Africa and Latin America. This is an historic al- liance which fulfils a structural purpose and flows from a vision of the past and the future that Wf~ all share. The third world has t1ken on the responsibility of changing international relationships that are based on domination, exploitation and inequality, and in that respect we are the conscience and the v':Jmguard of the United Nations. 81. The contributions of the Committee have greatly en- riched the work of the International Law Commission and , UNCITRAL in particular and the growth and develop- ment of international law in general. 72. The States members of the Latin American region are happy to congratulate the Committee, through me. on the important tasks it has carried out and to wish it every success in the future for the good of the principles we support and the purposes we pursue.

On the twenty-fifth anniversary of the establishment of the Asian-African Legal Consultative Committee, which the Assembly is now celebrating, it is an honour for me, on behalf of the group of Arab States and of my country, the Syrian Arab Republic, to salute that Committee. 75. The impcrtance of that Committee is that it is an international organ covering two major continents: Asia and Africa. The creation of the Committee was a land- mark in the development of regional and international co- operatio~ between the two continents. The importance of the Committee has certainly been enhanced since it en- tered into close co-operation with the United Nations in 1960. That is why the United Nations subsequently ac- corded observer status to the Committee. 76. . Throughout its existence the Committee has contrib- uted to co-operation between Africa and Asia in many fields, in the service of law and justice. Its activities have been evident in particular in international law, the law of the sea, trade law and laws concerning refugees, eco- nomic co-operation, diplomatic immuility and other mat- ters which the Sixth-the Legal-Committee of the Gen- eral Assembly is also considering. 77. The Arab countries which belong to the Asian-Af- rican Legal Consultative Committee participate seriously in its activities and give it their full support. 78. Le~_us hope that this anniversary marks the begin- ning of a new and dynamic period for the Asian-African Legal Consultative Committee, which will make possible the even greater co-operation between the countries of Asia and Africa in every sphere of international law.

The United States. as the host country of the United Nations. wishes to add its voice to the global chorus in celebration of the twenty-tit'th anniversary of the Asian- African Legal Consultative Committee. 80. The Preamble of the Charter rightly asserts as one of the major goals of the United Nations the determina- tion "to establish conditions under which justice and re- spect for the obligations arising from treaties and other sources of international law can be maintained". That which contributes to this goal contributes to the benefit of us all, It is therefore both our felicitations and. most important. our gratitude that we convey to the Asian-Af- rican Legal Consultative Committee on this happy occa- sion, 82. By working together in the United Nations to strengthen the law. we harmonize our efforts to ensure peace and justice. We commend the Consultative Com- mittee for its commitment and contributions to this pro- cess. 83. Previous speakers this afternoon have eloquently brought to our attention the effective history of this Com-

The Thai delega- tion has asked to speak to express its warmest felicitations on the auspicious occasion of the twenty-fifth anniversary of the Asian-African Legal Consultative Committee. 85. It is indeed most fitting that a commemorative meet- ing is being held tod~y to celebrate the birth of a unique international organization within the United Nations fam- ily. It is unique in that the Committee not only embraces member States from one region or one continent but also is composed of member States from the' Asian and Af- rican continents combined. 86. It is in this festive spirit that the Thai delegation begs the indulgence of the General Assembly for a brief moment of reminiscence. 87. The Asian-African Legal Consultative Committee was essentially an offspring of the Asian-African Con- ference of 1955 at Bandung, where it vIas originally con- ceived. The Bandung Conference was convened to con- sider problems of common interest and concern to countries Qf Asia and Africa and to discuss ways and means by whkh their peoples could achieve fuller eco- nomic, cultural and political co-o~ration. 88. The Conference adopted a final communique I on 24 April 1955, consisting of seven parts: economic co-opera- tion; cultural co-operation; human rights and self-determi- nation; problems of dependent peoples; other problems; promotion of world peace and co-operation; and 10 prin- ciples in the Declaration on the Promotion of World Peace and Co-operation. 89. . It is useful to recall these principles here: respect for fundamental human rights and for the purposes and prin- ciples of the Charter of the United Nations; respect for the sovereignty and territorial integrity of all nations; rec- ognition of the equality of all races and of the equality of all nations, large and small; abstention from intervention or interference in the internal affairs of another country; respect for the right of each nation to defend itself, singly or collectiyely, in conformity. with the Charter of the United Nations; abstention from the use of arrangements of collecttve defence to serve the particular interests of any of the big Powers and abstention by any country from exerting pressures on other countries; refraining from acts or threats of aggression or the use of force against the territorial integrity or political independence of any coun- try; settlement of all international disputes by peaceful means, such as negotiation, conciliation, arbitration or ju- dicial settlement, as well as other peaceful means of the parties' own choice, in conformity with the Cparter of the United Nations; promotion of mutual interests and co-op- eration; respect for justice and international 'Jbligations. 90. The Conference declared its conviction that friendly co-operation in accordance with these 10 principles -Nould contribute effectively to the maintenance and promotion of international peace and security, while co-operation in the economic, social and cultural fields would help brinp. about the common prosperity and well-being of all. 91. It is a source of pride and satisfaction after 26 years to learn that many of the Asian-African yearnings have .92. The debate in the Sixth Committee on the principles of peaceful coexistence which began in 1962-aAd even earlier-culminated in the adoption of resolution 2625 (XXV) on the principles of international law concerning friendly relations and co-operation among States in ac- cordance with the Charter of the United Nations. The principles thus declared reflected in essence the 10 princi~ pIes of good-neighbourlines£ and friendly co-operation of the Asian-African Bandung Conference of 1955. 93. Those are but a few instances of concrete achieve- ments in the field of legal and political development favou:ing the well-being of humanity, as inspired by the Asian-African Declaration of 1955. 9tl. In the field of codification and progressive develop- fllent of international law as well as international trade law, progress is l.-"~ing realized through the efforts of the SiRth Committee, the International Law Commission UN- CiTRAL and, possibly, the United Nations itself in regard to the law of the sea now under review .in various quar- ters. 95. In all these fields of legal development, the Asian- African Legal Consultative Committee has never ceased to be of service both in terms of consultation and for- mulation of policies and principles by Asian and African members for international conferences and in terms of consideration and adoption of internal legislation in prepa- ration for a new convention or to give effect to the evolv- ing trends in international customary law. 96. The Committee started off with but a handful of Asian and African members. Thailand became a membl~r in 1961, and attended the fifth meeting held at Rangoon in January 1962. As the first member and leader of the Thai delegation attending sessions of the Committee for various years after 1961, I felt it a great honour to have the opportunity to meet and discuss freely and frankly for the first time legal problems of international, regional and national significance. 97. In January 1965 the representative of Thailand was nominated official observer to represent the Asian-African Legal Consultative Committee at the fifth meeting of the Inter-American Juridical Committee, at San Salvador. In 1966 Th~land hosted the eighth session of the Commit- tee, at Bangkok. 98. Thailand has continued to maintain its close associa- tion and co-operation with the Committee, and remains a firm believer in its ideals and a faithf.I1 member and sup- porter of the Committee. Indeed, it is not unnatural that the Committee has grown with the march of time, in close co-operation with the legal organs of the United Na-

The Government of Japan, as a founding member, takes great pleasure in joining friends from all over the world to celebrate today the twenty-fifth anniversary of the Asian-African Legal Con- sultative Committee. lOt. The Committee, which was established with just seven members in 1956 for the study of technical legal questions common to Asia and AfrL:a, has grown remark- ably, its present membership comprising 40 States from the two continents. Such growth clearly reflects the spirit of co-operation among the Committee's members and the unti,' 'g efforts of its secretariat. My Government pays a particular tribute to Mr. B. Sen, who has faithfully served as the Committee's Secretary-General ever since .. ~ 'Jas created a quarter'" of a century ago. The steady develop- ment of the Committee is in large part traceable to Mr. Sen's unflagging enthusia~m and purposeful leadership. His devotion to the work of the Committee has been a source of encouragement to each of its members. 102. In providing a forum for the free exchange of views and the discussion of common legal problems among exper '.~ ftom Asian and African countries having diverse ecor:oM'1k: and social systems, the Committee has made import~"tl~ contributions to the deepening of under- standing and the promotion of friendly relations among countries in the two regions. But it is not only the coun- tries of Asia and Africa that have benefited from the ac- tivities of the Committee. I am sure that everyone gathered here today will agree that, through its co-opera- tion with the various organs and conferences of the United Nations, the Committee has contributed to the promotion of peace and prosperity throughout the interna- tional community. It has thus developed close co-opera- tive relations with such United Nations bodies as the In- ternational Law Commission, the Conferences on the Law of the Sea, UNCITRAL, UNCTAD ."ld UNHCR. Thus, my Government was gratified last year when the United Nations accorded, by consensus, observer status to the Committee. 103. My Government recognizes that the activities of the Asian-African Legal Consultative Committee have sig- nificantly enhanced the ability of the United Nations to. achieve its purpose of settling international disputes by. peaceful means and in conformity with the principles of justice and international law. We are firmly convinced that the Committee will have an indispensable role to play in the future as well, and therefore, welcome the ever deep- ening relations of co-operation between the Comll1ittee and the world Organization. 104. In conclusion, it is my Government's earnest hope that the Committee will continue its valuable work, both

I am pleased to speak on this happy occa- sion when the United Nations, representing all the coun- tries of the world, celebrates the twenty-fifth anniversary of the foundation of the Asian-African Legal Consultative Committee. The Committee was a result of the work of the Asian-African Conference held at Bandung in April 1955, which constituted an important landmark in the field of non-alignment. Egypt played a very important role at that Conference. Its historic participation was one of the reasons for the Conference's success and for its important work in the field of contemporary international relations. 106. Since speakers before me have made very detailed statements, it is not necessary for me to go into the his- tory of the Committee here or to relate how it has devel- oped. Suffice it for me to mention the broadening of the Committee and the increase of its membership. The Com- mittee began with seven States and today comprises more than 40 States. This is a demonstration of the success which the Committee has achieved in its work and th~ appreciation and the illlterest shown by both continents, Asia and Africa, in its work. 107. The importance of this Committee for the interna- tional community as a whole can be seen in the active role which the Committee plays in various fields, in the studies and research it conducts, its working papers and its consultative work. The Committee has lent positive and continuous co-operation to international agencies with similar areas of jurisdiction, both within and outside the framework of the United Nations. 108. International recognition of this Committee is dem- onstrated by the fact that the General Assembly of the United Nations at its thirty-fifth session granted it ob- server status. 109. The Committee co-operates with specialized legal agencies in several areas of contemporary international law. These include the legal aspects of the new interna- tional economic order and the means for their implemen- tation, industrial and economic co-operation and the study of the measures and necessary legal instruments for the optimal realization of co-operation in these areas. 110. It should also be stressed that some of the items which appear on the agenda of this session of the General Assembly and are before the Sixth Committee in which the Consultative Committee could play an important role are, for example, the item on the development of the principles of international law relating to the new interna- tional economic order, the work of UNCITRAL, and legal aspects of the new international economic order. Ill. The committee has won praise and recognition, as demonstrated by the fact that its services are being re- quested because of its experience in the preparatory work on the Conference on the Law of Treaties and the Con- ferences on the Law of the Sea at all stages of those con- ferences, from the preliminary work until the present. 113. Increasing co-operation between the Consultative Committee and the United Nations is to be desired. Inter- est must be shown in the work of the Committee. es- pecially in the fields which we have already mentioned. Furthermore. this co-operation could extend to the follow- ing areas: first. the necessary technical assistance should continue to be lent to African and Asian Governments so that they may study the issues which are submitted to the United Nations and its various bodies as well as those which come before specialized agencies in the legal field in general and with regard both to the legal and economic aspects of those issues. Secondly. assistance must be pro- vided in the area of adherence to and ratification of inter- national conventions adopted by or under the aegis of the United Nations including the necessary publications to maintain theoretical and practical information in that field. Thirdly. efforts must be made to achieve a better knowledge of international law. 114. While the Asian-African Legal Consultative Com- mittee is a regional organization. it has nevertheless im- plemented its policies and carried out its work at the in- ternational level, far beyond any regional considerations. Here I should like to congratulate and express our appre- ciation to all States members of the Committee. to its Secretariat and, in particular, to Mr. Sen and to express our gratitude to all States and organizations that have co- operated and continue to co-operate with the Committee in its work.

I should like to begin by congratulating the Asian-African Legal Con- sultative Committee on its twenty-fifth anniversary. The Committee was set up 25 years ago by seven Gc,vern- ment~ as a follow-up to the Bandung Conference. Since then it has grown into a committee of 40 member States spread out over two continents. The Committee has done an impressive job with respect to legal matters that are of concern to its member States. But speaking as the repre- sentative of a non-member State on its twenty-fifth anni- versary, I should like to stress the important role of the Committee with respect to matters of worldwide interest. 116. One of the initial tasks assigned to the Committee was to examine the questions under consideration by the International Law Commission h order to ensure that the work of the Commission should adequately reflect the thoughts of the African and Asian countries. The fact that in the past decades the Commission has drawn up a num- ber of important conventions that are now universally rec- ognized and adhered to underscores the importance of this task. 117. One of the priority items in the Committee's pro- gramme of work is the law of the sea. When such an important item is under discussion, with its legal, eco- nomic and political implications for every country of the world, it is of great importance that all countries come to the Conference of the Law of the Sea well prepared. Without thorough preparation by all countries, a treaty might emerge that would not become universally ac- cepted. The Asian-African Legal Consultative Committee has made many significant studies and made its members aware of the many complicated aspects of the law of the

It is a great honour and a privilege for me to participate today on behalf 'of my delegaticn in commemorating the twenty-fifth anniversary of the Asian-African Legal Consultative Committee. I should also like to express my delegation's appreciation to the Secretary-General of the Committee. Mr. Sen. for his untiring efforts and dedication in carrying out his respon- sibilities during all these years. His contribution to the work of the Committee has really been remarkable and outstanding. The Committee. under his long years of guidance. has grown into an important body in the devel- opment of international law. particularly for the Asian and African countries. I should also like to pay tribute to all his assistants and staff at the Committee Secretariat for their devotion and hard work to achieve the ideals of the Committee. 120. As the host country of the Asian-African Con- ference at Bandung in April 1955. it is a source of great satisfaction for my country to see that the Committee came into being in November 1956 as a follow-up of that Conference. Indonesia is proud to be one of the founding nations of the Asian-African Legal Consultative Commit- tee. The Committee is an embodiment of the spirit of the Bandung Conference. whose principles are the promotion of the freedom. independence and equality of States. as well as peace and stability in the world. 121. The Committee was established to meet specific needs dictated by history. Immediately after the Second World War. particularly after the Bandung Conference. the international community embarked upon a process of progressive development of international law. For the de- veloping countries of Asia and Africa. regional co-opera- tion and consultation in the field of law was perceived to be one of the best approaches to reflect and protect their interests in developing international law. Since then the Committee has proven its ability to adapt to new circum- stances and the demands of a. fast-changing worid. From the very beginning the Committee has been rendering ad- visory opinions on legal problems submitted to it by its member States, as well as co-ordinating the views and activities of its members in international forums. includ- ing the study of the work of the International Law Com- mission. 122. The effectiveness of this regional forum can be discerned from the fact that at the beginning there were only seven original members, whereas today there are some 40. Its annual meetings in various capitals of Asian and African countries have been attended by a great num- ber of observers from various international organizations and States within and outside the Asian-African region. The major increase in membership and in observers came about in the 1970s when the Committee took the initia- 123. One of the purposes of this commemoration is to reflect on the work of the Committee over the last 25 years. There are many good reasons to be proud of the achievements of the Committee. By establishing impor- tant positions in the international community, the organ- ization has been able to project Asian and African views and aspirations on various issues in international law. thus contributing to the development of legal order in the world. On the basis of the progress over the past 25 years, my Government is convinced that the Committee will be able to project itself into the future with greater confidence and that it will meet the expectations of the Asian-African community of States by continuing to pro- mote the development of international law on the basis of the principles. established in Bandung. thus contributing to the promotion of peace and stability in the world.

It has become somewhat distinctive of lawyers that they are not easily able to get organized. Perhaps that is because there is truth to the observation that there are as many viewpoints on any question as there are lawyers. Thus it is a source of wonder that the Asian-African Legal Consultative Com~ittee. which has brought together legal experts of countries from the two most populous regions of the world. Asia and Africa. was ever founded and beyond that has become a cohesive and effective vehicle for 25 years. during which the wisdom and concerns of its mem- bers .have been reflected in several areas of international legislation. 125. As a representative of my Government. as well as on a personal basis. jt has been a privilege for me to have attended many meetings of the Committee. The meetings have become valuable forums for the eXpi>sition of vari- ous positions and have also proved fertile ground for nur- turing possible ways of accommodating disparate and con- Ilicting views. A host of subjects has been dealt with. the principal among which have been the law of treaties. the law of the sea. rules on arbitration and diplomatic rela- tions. 126. While those who participate in the work of the Committee are generally lawyers. they are usually of di- verse experience-.diplomats. lawyers whose respon- sibilities are to defend State acts. such as attorneys-gen- eral or solicitors-general. lawyers in the judiciary. professors of law and so on. But since law is not a mere set of rules that governs the conduct of men and nations. but must retlect the concerns and aspirations of peoples or nations. the assemblies of the Committee have indeed produced fairly balanced views and proposals.

It gives me pleasure to call now upon Mr. B. Sen, Secretary-General of the Asian-African Legal Consultative Committee.

On behalf of the Asian-African Legal Consultative Committee. I feel privileged, Sir, to offer to you our felicitations on your election to the high office of President of this Assembly and to express our profound gratification at your presiding over this meeting. This is especially so since your country is one of the seven founding members of our organization. 130. I am deeply grateful to you for giving me this op- portunity to speak on the agenda item concerning the twenty-fifth anniversary of the Asian-African Legal Con- sultative Committee. I would also like to express our grat- itude to the delegations that have spoken on this occasion for their appreciative remarks and for the sentiments they have expressed. which will. I feel sure. remain a lasting source of inspiration for the future growth and progress of our organization. 131. We are indebted to Mr. Kurt Waldheim for all the encouragement he has so graciously given us over the years and for his inspiring message. On an occasion such as this it is but appropriate that I should pay our humble homage and a tribute to our founding fathers at Bandung whose foresight and vision conceived of a forum essen- tially regional but. at the same· time. oriented towards promoting co-operation with other regions in matters of global importance and concern. 132. Established in 1956 as a tangible outcome of the historic Bandung Conference and with a membership of seven participating Governments. the Asian-African Legal Consultative Committee has grown over the years into a major forum for interregional co-oPeration embracing the two sister continents of Asia and Africa. Originally con- ceived as an advisory organ to its own membership in the field of international law to assist Governments in the for- mulation of their domestic and foreign policies. the Com- mittee gradually expanded its activities to meet the needs of a growing membership. which now comprises 40 States in the Asian-African region. The global impact of its work on major issues of international concern has at- tracted the attention of the international community. as ev- idenced hy the attendance of an increasing numher of ohserver delegations. representing Governments and inter- national organizations from all parts of the world. at the Committee's annual sessions. This has indeed contributed to projecting Asian-African thoughts and aspirations in world affairs. and has at the same time led to a closer understanding of the viewpoints of other regions. with its lasting impact on the Committee's deliberations. 133. Consistent with its origin as a result of the~and­ ung Conference and with the basic objectives of its founders. the Committee. almost from its very inception•. i~m for our involvement and co-operation in plenipotenti- ary conferences convoked by the United Nations in subse- quent years. 134. With the gradual expansion of our activities in various fields within the work programme of the United Nations, a close working relationship was built up with the Office of ~egal Affairs and with such organs and agencies as UNHCR, UNCITRAL, UNEP. FAO, IMCO and the regional economic commissions of the United Na- tions. In 1968 the Committee was accorded the status of a participating intergovernmental organization in the work of UNCTAD. The decision of the General Assembly adopted last year at its thirty-fifth session to invite our organization to participate as an observer has been an important landmark in the growth of our organization. which is bound to lead to closer and more fruitful co- operation in future years. 135. I should like to say a special word of thanks to Mr. Erik Suy. the Legal Counsel. and to Mr. John Scott of the Office of Legal Affairs for their continued help. guidance and co-operation in bringing about the close collaboration that so happily exists today between the United Nations and our organization. 136. One of the major areas in which the contribution of our organization to the work of the United Nations ap~ pears to have been most tangible and fruitful relates to the negotiations on the law of the sea. Representatives may recall that during the general debate a number of foreign ministers expressed their deep concern about the urgent need to bring about a successful conclusion of those ne- gotiations and the adoption of a convention at an early date. We fully share that concern. Over the past decade we ha\ e closely followed and assisted in the negotiations and have made our forum readily available for a continu- ing dialogue between the developing countries and the in- dustrialized nations on a number of crucial issues. In fact. some of the major concepts. such as the exclusive eco- nomic zone and archipelagic States. owe their origin to the deliberations within our organization. Furthermore. on several occasions. when the United Nations Conference on the Law of the Sea was faced with difficulties in pro- ceeding with the negotiations. the Asian-African Legal Consultative Committee proved to be an important forum which afforded opportunities for informal consultations to resolve the differences. Thus. following upon the situation of uncertainty and confusion which had prevailed at the beginning of the tenth session of the Conference. the Asian-African Committee succeeded in promoting a dia- logue at its Colombo meeting. held in May of this year with the participation of all major States. with the objec- tive of finding ways and means for continuing the nego- tiations on the outstanding issues during the resumed ses- sion of the Conference. We therefore retain a special interest in the successful outcome of the negotiations and welcome the decision of the Conference on the conclusion of the convention during the coming year. 138. Another subject I should like to touch on, which figured prominently in the general debate, is the global negotiations on economic issues in the context of the Dec- laration on the Establishment of a New International Eco- nomic Order [resolution 3201 (S-Vi1I and the Charter of Economic Rights and Duties of States [resolution 328/ (XXIX)). Our organization has been engaged in certain practical areas of economic co-operation ever since. the establishment of the First Development Decade. in view of the close inter-linkage of economic and legal issues in the integrated process of negotiations. At the outset the emphasis in our work was on the field of commodities, and the Asian-African Legal Consultative Committee model contracts for sale transactions in agricultural goods and minerals have already been published in the docu- mentation of the Economic and Social Council. This was followed by our efforts to evolve a scheme for the settle- ment of disputes in economic and commercial transactions through procedures that would be fair. speedy and inex- pensive-a system that would be in tune with the princi- ples and norms of the new economic order and conducive to the resolving of North-South economic conflicts. 139. This is what I hope we have been able to provide through the establishment of our regional centres for ar- bitration at Kuala Lumpur and Cairo. During the past year we have been closely involved in the field of indus- trializinion. The Lima Declaration adopted by the Second General Conference of UNIDO. held at Lima from 12 to 26 March 1975.~ conceived of industry as a dynamic in:- strument of growth. and contemplated a target of 25 per' cent as the share of the developing countries in world· manufactures by the year :!OOO. The progress of negotia- tions concerning the industrial growth of developing coun- tries and marketing arrangements for their products h~s. however. been particularly slow. It is obviou~· that in the present state of negotiations the achievements of the de.. veloping countries are bound to fall fat below that target for two reasons in particular. namely. the lack of available capital and of the transfer of technology in an effectiv~o fashion. 140. In the context of the world economic situation.' there has now been an increasing awareness in the coun- trie~ of our region about the need to promote co·operation amongst them through the harnessing of their resources, which could not only contribute in an effective and practi- cal fashion towards their industrial growth but also sup- plement efforts at the global level. A ministerial meeting held under our auspices at Kuala. Lumpur .j°n oDecembc·r 141. If I may venture to express a personal view, what neeqs to be emphasized is the interdependence of the North and the South in planning any development strat- egy for the benefit of all nations. In the economic situa- tion prevailing in some of the developed countries them- selves it would be unrealistic to expect assistance of the type and extent required by the developing countries, and any position of confrontation between the developed and developing nations might not bring about practical results. This is exactly what was expressed at our Kuala Lumpur ministerial meeting. It has also been observed that if the resources of the developing countries of our region could be harnessed in an appropriate manner the developed countries themselves might feel inclined to employ their technology in industrial projects in the I.hird world, in view of the continuing recession and high rate of inflation in their own countries. 142. In almost every field of economic co-operation, legal, economic and political considerations are so inex- tricably interwoven that any re~onable and effective solu- tion of the problems can be achieved only through a judi- cious blending of all three elements. While political will remains the paramount factor in all negotiations, eco- nomic easibility determines the substance, and a legal framework is an essential instrument for giving effect to the political will and determination of nations. It was in this context that our ministerial meetings at Kuala Lumpur and Istanbul recommended the constitution of an informal group of experts in the legal and economic fields to assist the developing countries in the preparation and examination of proposals that might be put forward in the course of the expected global negotiations within the United Nations. We are actively pursuing these sug- gestions with a number of Governments in our region. 143. During the coming years we hope to contribute in a meaningful way towards the work programme of the United Nations, more particularly in the field of law, as also in areas where economic and legal issues are closely interrelated. Today a great deal of the work in the United Nations in the field of codification relates to economic issues which are of vital concern to the countries of our region. It would be our endeavour to provide oppor- tunities for dialogue on these issues not only at our an- nual sessions but also through informal meetings in New York which could be co-ordinated by our permanent ob- server mission. In addition, we might also be in a posi- tion to lend our good offices to bring about wider accep- , tance and ratification of treaties and conventions adopted . under the auspices of the United Nations, and to collabo- rate in training programmes in the field of international law and trade law. 150. In paragraph 3 the draft resolution indicates the al- location of the proposed 34 members according to the fol- lowing pattern: eight nationals from African States, seven nationals from Asian States, three nationals from Eastern European States, six nationals from Latin American States, and eight nationals from Western European or other States. It further indicates that one national from 144. In conclusion, Mr. President, I should like to as- African States or Eastern European States in rotation shall sure the Assembly of our fullest and continued co-opera- be elected, with the seat being allocated to a national of tion in the work of the United Nations. ~. might add tbat an African State in the first election which will be held this mee.ting today under your presidency provides us with after the adoption of the present draft resolution. Like- the incentive needed to pursue that goal. wise, it indicates that one national from Asian States or

I call on the representative of Pakistan, who will introduce draft resolution A/36/L. 16/ Rev. I.

On behalf of the delegations of Benin and Mexico and my own I have the honour of formally introducing draft resolution A/36/L.16/Rev.l re- garding equitable representation in the International Law Commission and the enlargement of its composition. Per- mit me to explain that the three co-sponsoring delegations have inscribed their names as co-sponsors not in their in- dividual capacity but in their capacity as chairman for the month of November of the group of African States, the group of Latin American States, and the group of Asian States, respectively. Thus, the draft resolution before us enjoys the full support of all the Member States of those three. regional groups. 147. The main objective of the draft resolution is to seek enlargement of the composition of the International Law Commission from its present 25 members to 34 members. It may be recalled that the initiative for the enlargement of the International Law Commission came jointly from the Member States of the three groups I have just mentioned. The basic considerations which led the Member States of those three regional groups to take that initiative are fully described in the explanatory memoran- dum [A/36/244/Add.l] submitted at the time the request for the inscription of this item was made to the General Committee. 148'. Briefly stated, the considerations were these: first, the last decision to enlarge the membership of the Inter- national Law Commission was taken 20 years ago, in i961. Secondly, since 1961 there has been a remarkable growth in the membership of the United Nations; thus, increased interest has been shown by the Member States, particularly from the third world, in participating in the work of the International Law Commission. Thirdly, since 1961 a very large number of topics of international law has emerged, thus bringlng forth other trends of thought and, indeed, other juridical systems different from those represented in the Commission since its inception. 149. The sponsors of draft resolution A/36/L.16/Rev.l believe that the proposed size of the International Law Commission, that is, 34 members, fully responds to those basic considerations. It represents a balanced and equita- ble representation in the International Law Commission, and provides a broad-based representation of the different juridical systems. Furthermore, the enlarged composition will certainly enrich the deliberations of the International Law Commission. 151. Lastly, paragraph 4 of the draft resolution requests the Secretary-General-and, I must emphasize, by way of exception and in consequence of the enlargement of the Commission-to include in the list of candidates for the election to be held at the current session, in addition to the nominations already received, such names as shall have been communicated to him in writing before 21 November 1981. 152. Draft resolution A/36/L.16/Rev.1 has evolved after prolonged and intensive consultations among all of the re- gional groups represented in the General Assembly. On behalf of the sponsors-and I am sure that I am speaking also on behalf of the entire General Assembly-I take this opportunity to express to you, Mr. President, our deep appreciation for your conducting personally these consultations on such an important item, despite your other preoccupations. 153. It is the sincere hope and wish of the sponsors that the draft resolution will receive the full support of the entire membership of the General Assembly. 154. Finally, it is the wish of the sponsors that I should stress that, after the resolution is adopted, the elections to the enlarged International Law Commission should be held by the General Assembly as scheduled, on 23 November. Any delay in the holding of these elections would not find favour with a large majority of the mem- bers of the General Assembly.

I call upon the representative of Finland, who will speak in his capacity as chairman of the group of Western European and other States for the month of November.

I have asked to be al- lowed to speak in my capacity as chairman of the group of Western European and other States for the month of November. 157. The General Assembly is called upon to take a de- cision on the question of equitable representation in the International Law Commission and enlargement of its composition, as proposed in draft resolution A/36/L. 16/ Rev.I. 158. The International Law Commission is one of the principal legal organs of the United Nations. The group of Western European and other States attaches great im- portance to the role and the efficient functioning of the Commission for the progressive development of interna- tional law and its codification. 159. The possible enlargement and changes in the com- position of United Nations organs such as the Interna- lional Law Commission have traditionally been effected on the basis of a consensus of all the regional groups, arrived at after adequate consultation and negotiation among tile groups, with a result that has satisfied the basic demands of everyone. On behalf of the group of Western European and other States, I have to note with 168. In particular, we regret that operative paragraph 3 profound regret that that is not the case with the enlarge- again envisages shared or floating seats. Experience ment of the International Law Commission, as proposed shows that this is not a satisfactory method of Qetermining in the draft resolution before us. This has not been the pattern of representation of the legal systems of the achieved despite the President's very enlightened leader- world in the Commission. In the original explanatory - =~-~-~::_-:::=~-=.=-:=.:=-==_ -=--- ~. .,...----~._-~._- ~:' ==_--,~---"'~-"'-'-'-~'~-'''''--'''''''''-~?'-'C'''e-'-'-'',~~ct!''''~-q;Pljllil.''''''iliiq ilH Ji 160. The reasons behind my group's position can be listed briefly as follows. 161. First, originally the group of Western European and other States saw no compelling reason for any en- largement of the membership of the International Law Commission. 162. Secondly, to accommodate the wishes of certain other groups, the group of Western 'European and other States gave its consent to a consensus designed to enlarge the Commission to 32, that is, by seven members. These were to be divided in accordance with the wishes of those regional groups which originally sought an enlargement of the International Law Commission. In our opinion, the resulting consensus represents equitable representation in the Commission. 163. Thirdly, in the process of further negotiations- which, from the point of view of the Western European and other States, did not accord with the original under- standing reached on the basis of an increase in the mem- bership to 32-.the membership was further increased to 34, without taking into consideration the views and inter- ests of the Western European and other States. Its request for further consultations and negotiations was to no avail. 164. Fourthly, one of the benefits of the original under- standing of an enlargement to 32 members was the elim- ination of the so-called floating seats. As the Assembly is aware, that practice has at times created confusion at the election of members to the International Law Commis- sion. In contrast, the proposal in draft resolution A/36/ L.16/Rev.l perpetuates and compounds that difficulty by increasing the number of floating seats. 165. Fifthly, while the consultations and negotiations were still under way, draft resolution A/36/L.16/Rev.1 which"is now before us was formally submitted, without the knowledge of the group of Western European and other States. The position of the Western European and other States on it had been conveyed to the proper quar- ters. 166. Therefore, to register its position on both the sub- stance and the procedure leading to draft resolution A/36/ L. 16/Rev.l, the group of Western European and other States will vote against it.

We understand that, de- spite the long tradition of consensus in all matters con- cerning the International Law Commission to which the representative of Finland has just referred, this matter is not agreed, and if draft resolution A/36/L.16/Rev.l is brought to a vote we will, with regret, have to abstain, as we did in the vote on the financial implications at the 42nd meeting -of the Fifth Committee. 169. It is our understanding now, as it has always been, that the carefully designed membership of the Interna- tional Law Commission means that there should be a con- trolled rotation both of individual members of the Com mission and of countries and legal systems represented on the Commission, and that the intention is that all States and all legal systems are entitled to their fair share of representation on the Commission. Furthermore, as we understand it, membership of the Commission and the right to put up candidates is notoand cannot be proscribed simply by virtue of formal membership in one or other of the regional groups which now exist and which, more- over, as history has demonstrated, may not be fixed for ever. The essence is fair representation of the world's legal systems in the Commission, membership in which is open to all States. 170. We appreciate the sentiment which has inspired the amendment to article 9, paragraph 1, of the Commission's statute. However, for the amendment to be consistent with article 2, the expression "each regional group" must be given an appropriately flexible interpretation, article 2 of the statute being the dominant statement of principle. 171. My delegation wishes to recall that Article 8 of the Charter is applicable to the International Law Commis- sion. Under that Article, "The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of e,guality in its prin- cipal and subsidiary organs". We all know that there are many talented women jurists who Gertainly meet the requirements of the statute of the International Law Commission. Some of these person- alities are active above all in t~le Sixth Committee of the General Assembly and. have been throughout the history of the United Nations. A woman jurist of world-wide re- nown is President of the United Nations Administrative Tribunal, and there is a woman judge on the· European Court of Human Rights. We therefore would like to urge that when the regional groups come to decide upon their preferred candidates within the agreed allocation to the legal systems of places in the Commission, they should make every effort to include duly qualified women jurists meeting the professional requirements of article 2 of the Commission's statute.

We shall now take a decision on draft resolution A/36/L.16iRev.1 , entitled "Enlarge- The meeting rose at 5.55 p.m. NarES I See Asian-African Conference. April 18-24. 1955. New Delhi, Gov- ernment of India Press, pp. 25-38. ~ See A/10112. .1 The delegation of Kuwait subsequently infonned the Secretariat that it had intended to vote in favour of the dmft resolution.