A/44/PV.77 General Assembly

I call on the representative of Nicaragua, who wishes to speak in eMercise of the right of reply. Mr. SERRANO CAIDmA (Nicaragua) (interpretation from Spanish) 8 I should like first to thank the General Assembly for the broad support it has given the , draft resOlution which we have discussed and voted on this morning. We are profoundly satisfied both that it has been adopted and that tile number of votes in favour has gone up as compared with such ~otes on similar resolutions in previous years. It is ob--liously grati fying bo us as Nicaraguans who have called for compliance with the Judgment of the International Court of Justice, but we are also pleased in general in that there is support fer the re-establishmant of the basic organs set up to ensure peace and harmony between peoples and the possibility of coexistence. I therefore wish Co express our gratitude to, and recognition of, these that have supported us, including Colombia, the German DellDcratic Republic and Cuba, whose representati ves rightly reaffi rmed in their statements the need fo!' the inter~c_tional community to maintain the validity of the tl\iversal principles of the *Subsequently the delegations of Bhutan and ~mocratic Yemen advised t.he Secretariat that they had intended to vo~ in favour. law, which are also uni~ersal principles of peace and a firm basis for understanding between peoples. I had not intended to refer to the statement of the representative of the Unl ted States, but I must do so because of a number of assertions that he made. Unfortunately, his statement was completel?.' Qut of order, because we are not here to discuss other subjects. He poli ticized his statement and evaded the basic sUbject of the debate, which has been endorsed by the Assembly' s adoption of the resolution. Should a judgment of the International Court of Justice be complied with or not? Should a party that has accepted the Court's binding jurisdiction reject it or comply with it as it pleases? Can such important bodies as th~ International Court of Justice bow to the pOlitical interests of a nation or to what that na tion finds expedient? [bes not a great Fbwer have an obUga tion to respect and strengthen the bodies and mechanisms set up for the peaceful settlement ef disputes? Those are the basic questions at issue h@re. When a cx>untry has spoken in support of the Court and its binding jUrisdiction during the debate on the Uni ted Nations Decade of International Law, can that country refuse to comply with a judgment and say that the Court is mistaken? Can a party disregard the judgments of the world's highest tribunal? If so, that is a very dangerous situation. These are very political matters r int~ducing specific ideological and political positions and short-term interests in place of what should be the perman~nt interests, principles and foundations on which the international community relies. We should like to conclude these brief remarks by saying that we have faith in law, we have faith in international law, we have faith in the world community, in the United Nations, in dialogue and in political solutions to disputes as the Clnly means that the community of nations should employ in keep~ng oith the actions, interests and objectives of a civilized commtklity cooc~rned for peace and respect for international law. The' PRESIDENT. That concludes our consideration of agenda item 26. AGEIDA ITEM 41 (pESTIDN OF PEACE, STABILrl'Y AND CD-opmATlON IN SOUTH-EAST PBIA The PRESIDJiNT. Following consultations regarding this item, it is proposed that in view of recent developments the General Assembly, in pursuance of the efforts to promote peace, stability and co-operation in South-East Asia, decide to postpc:Xle the considera tioo of the i tern and to include it in the provisional agenda of its forty-fifth session. May I take it that it is the wish of the Assembly to defer consideratloil of this item and to include it in the provisional agenda of the forty-fifth session? It was so'decided. The PRmmJiNT. That concludes our consideration of agenda item 41. AGER>A ITEM 42 DECLARATION OF THE ASSEMBLY OF HEADS OF STATE AND GlVERtMmT OF 'l'HE ORGl\NIZATlDNOF AFRICAN UNITY ON THE AERIAL AN:> NAVAL MILITARY ATTA(]( AGAINST THE SOCIALIST PIDPLEoS LIBYAN ARAB JAMAHIRIYA BY THE PRESJiNT UNITED STATES ADMINIS'lRATIDN IN AAUL 1986 The' PlUS malT, Follow ing consulta tions, it is my understanding tha t consideration of this item may be deferred 1:0 the forty-fifth session of the General Assembly. May I take it that it is the wish of the Assemhly to defer consideration of the i tern and to include it in the provisional agenda of the forty-fi fth session? It·wasso·deeided. The PRESIDENT, That concludes our consideration of agenda item 42.. AGEN:>A ITEM 159 FINANCING OF THE UNITED NATlDlS OOSERVER ~OUP IN CENTRAL 1lMERlCA, REtORT OF THE FIFTH <:D!MITTEE (A/44/841) The'PRESIDENT, If there is no proposal under rule 66 of the rules of procedure, I shall take it that the General Assembly decides not to discuss the report of the Fifth Commit.tee that is before the Assembly today. It' was' so decided. The mESIDENT, Statements will therefore be limited to explanations of vote. The positions of delegations regarding the oarious recommendations of the Fifth Committee have been made clear in the Committee and are reflected in the relevant official records. May I remind members that under paragraph 7 of decision 34/401 the General Assembly agreed that ~hen the same draft resolution is considered in a Main Committee and in plenary mee ting, a delega tion should, as far as pr "sible, expla in its vcte only once, i.e., either in the Committee or in plenary meeting, unless that delegatior.'s vote in plenary meeting is different fr011l its vote in the Committee". The Assembly will now take a decision on t.he draft resolution reeonanended by the Fifth Commtttee in paragraph 6 of its report (A/44/847). The Fifth Committee adopted the draft, nsolution without a vote. May I take it that the Assembly wishes to do the same? Thedraft'resolution'was adopted (resolution 44/44). The' PlUS mENT, We have concluded our considera tiM of agenda item 159. The meeting rose at 11.25 ~.