A/68/PV.68 General Assembly

The General Assembly will consider the reports of the Sixth Committee on agenda items 77 to 87, 110, 122, 135 and 166 to 173. I request the Rapporteur of the Sixth Committee, Mr. Tofig Musayev of Azerbaijan, to introduce the reports of the Committee in one intervention. Mr. Musayev (Azerbaijan), Rapporteur of the Sixth Committee: I have the honour to introduce the reports of the Sixth Committee on its work during the sixty- eighth session of the General Assembly. The Assembly allocated to the Committee 21 substantive and three procedural agenda items. Except for the item relating to the election of officers, all the agenda items fall under three of the headings corresponding to the priorities of the Organization, namely, “Promotion of justice and international law”; “Drug control, crime prevention and combating international terrorism in all its forms and manifestations”; and “Organizational, administrative and other matters”. I will introduce the reports of the Sixth Committee on the various items in the order in which they fall under those three headings. I shall begin with the first heading, “Promotion of justice and international law”, under which the Sixth Committee considered 11 agenda items and adopted 15 draft resolutions. The report of the Sixth Committee under agenda item 77, entitled “Responsibility of States for internationally *1362102* 13-62102 (E) wrongful acts”, is contained in document A/68/460, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 9 thereof. Under the terms of the draft resolution, the Assembly would acknowledge that a growing number of decisions of international courts, tribunals and other bodies refer to the articles on responsibility of States for internationally wrongful acts. The Assembly would also continue to acknowledge the importance and usefulness of the articles, and commend them once again to the attention of Governments, without prejudice to the question of their future adoption or other appropriate action. The Assembly would request the Secretary-General to invite Governments to submit further comments on any future action regarding the articles. It would also request the Secretary-General to update once again the compilation of decisions of international courts, tribunals and other bodies referring to the articles and to invite Governments to submit information on their practice in that regard, and further request the Secretary-General to submit that material well in advance of the seventy-first session of the General Assembly. Finally, the Assembly would decide to further examine at its seventy-first session, within the framework of a working group of the Sixth Committee and with a view to taking a decision, the question of a convention on the responsibility of States for internationally wrongful acts or other appropriate action on the basis of the articles. The report on agenda item 78, entitled “Criminal accountability of United Nations officials and experts on mission”, is contained in document A/68/461, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 8 thereof. The draft resolution affirms the various measures adopted in previous resolutions aimed at ensuring the criminal accountability of United Nations officials and experts on mission. The report on agenda item 79, entitled “Report of the United Nations Commission on International Trade Law on the work of its forty-sixth session”, is contained in document A/68/462. The Sixth Committee recommended four draft resolutions for adoption by the General Assembly, which are reproduced in paragraph 14 of the report. Under the terms of the first draft resolution, the Assembly would, inter alia, commend the Commission for the finalization and adoption of a number of texts. It would also invite the Secretary-General to consider performing, in accordance with article 8 of the Rules on Transparency in Treaty-based Investor-State Arbitration, the role of the transparency repository through the secretariat of the Commission, and request the Secretary-General to report to the Assembly and the Commission in that regard. The second draft resolution pertains to the Revision of the Guide to Enactment of the Model Law on Cross-Border Insolvency and part four of the Legislative Guide on Insolvency Law of the United Nations Commission on International Trade Law (UNCITRAL). The third draft resolution concerns the UNCITRAL Guide on the Implementation of a Security Rights Registry, and the fourth draft resolution relates to the UNCITRAL Rules on Transparency in Treaty- based Investor-State Arbitration and Arbitration Rules, as revised in 2010, with new article 1, paragraph 4, as adopted in 2013. The report on agenda item 80, entitled “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law”, is contained in document A/68/463, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 7 thereof. Under the terms of the draft resolution, the Assembly would reaffirm that the Programme constitutes a core activity of the United Nations and would recognize the Programme’s important contribution to the furtherance of the United Nations rule of law programmes and activities. The Assembly would, inter alia, authorize the Secretary-General to carry out the activities specified in his reports on the Programme in 2014 and 2015 and would reiterate its request to the Secretary-General to provide to the programme budget for 2014-2015 the resources necessary for the Programme to ensure its continued effectiveness and further development. It would also conclude that voluntary contributions have not proved to be an adequate method for funding Programme activities specified in the report of the Secretary-General and in resolution 67/91 and that, consequently, there is a need to provide more reliable funding for those activities. The report on agenda item 81, entitled “Report of the International Law Commission on the work of its sixty-third and sixty-fifth sessions”, is contained in document A/68/464, and the two draft resolutions recommended to the General Assembly for adoption are reproduced in paragraph 11 of the report. Under draft resolution I, the Assembly would, inter alia, welcome the successful completion of the work of the International Law Commission on the reservations to treaties and its adoption of the Guide to Practice on Reservations to Treaties, including the guidelines and a detailed commentary thereto, take note of the Guide to Practice, including the guidelines, the text of which are annexed to the draft resolution, and encourage its widest possible dissemination. Under draft resolution II, the Assembly would, among other things, express its appreciation to the Commission for the work accomplished at its sixty- fifth session and recommend that it continue its work on the topics in its current programme. The report on agenda item 82, entitled “Diplomatic protection”, is contained in document A/68/465, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 9 thereof. Under the terms of the draft resolution, the Assembly would once again commend the articles on diplomatic protection to the attention of Governments and invite them to submit to the Secretary-General any further comments, including comments concerning the recommendation by the International Law Commission to elaborate a convention on the basis of the articles. In addition, the Assembly would decide to include in the provisional agenda for its seventy-first session an item entitled “Diplomatic protection”, and, within the framework of the Working Group of the Sixth Committee, in the light of Governments’ recent comments as well as views expressed in the debates held at the sixty-second, sixty-fifth and sixty-eighth sessions of the Assembly, to continue to examine the question of a convention on diplomatic protection or any other appropriate action on the basis of the aforementioned articles, and to also identify any difference of opinion on the articles. The report on agenda item 83, entitled “Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm”, is contained in document A/68/466, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 7 of the report. By its terms, the Assembly would, among other things, invite Governments to submit further comments on any future action, in particular on the form of the respective articles and principles, bearing in mind the recommendations made in that regard by the International Law Commission, including in relation to the elaboration of a convention on the basis of the draft articles, as well as on any practice in relation to the application of the articles and principles. The report on agenda item 84, entitled “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, is contained in document A/68/467. The draft resolution recommended to the General Assembly for adoption is contained in paragraph 9 thereof. Under the terms of the draft resolution, the Assembly would, among other things, request the Special Committee to continue its consideration in an appropriate, substantive manner and framework, including the frequency of that consideration, of all proposals concerning the question of the maintenance of international peace and security and of the question of the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, and to continue to consider, on a priority basis, ways and means of improving the Committee’s working methods and enhancing its efficiency. The report on agenda item 85, entitled “The rule of law at the national and international levels”, is contained in document A/68/468. Under the terms of the draft resolution recommended to the General Assembly for adoption, which is contained in paragraph 7 of the report, the Assembly would, among other things, recall its high-level meeting held on the topic during the high-level segment of the sixty-seventh session, and the Declaration adopted at that meeting. The Assembly would also invite Member States to focus their comments in the upcoming Sixth Committee debates at the sixty-ninth session on the subtopic “Sharing States’ national practices in strengthening the rule of law through access to justice”. The report on agenda item 86, entitled “The scope and application of the principle of universal jurisdiction”, is contained in document A/68/469. Under the draft resolution recommended for adoption, which is reproduced in paragraph 9 of the report, the Assembly would decide to establish, at its sixty-ninth session, a working group of the Sixth Committee to continue to undertake a thorough discussion of the item. The report on agenda item 87, entitled “The law of transboundary aquifers”, is contained in document A/68/470, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 7 of the report. By the terms of the draft resolution, the Assembly would, among other things, commend the draft articles on the law of transboundary aquifers contained in an annex to the draft resolution to the attention of Governments as guidance for bilateral and regional agreements and arrangements for the proper management of transboundary aquifers. The Assembly would revert to the item at its seventy-first session. I shall now turn to the second heading, “Drug control, crime prevention and combating international terrorism in all its forms and manifestations”. The Sixth Committee considered agenda item 110, entitled “Measures to eliminate international terrorism”, under that heading. The relevant report is contained in document A/68/471, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 8 thereof. Should the Assembly adopt the draft resolution, it would, among other things, decide that the Committee, at the sixty-ninth session of the Assembly, would establish a working group with a view to finalizing the process on a draft comprehensive convention on international terrorism as well as discussions on the item included on its agenda by Assembly resolution 54/110, while also encouraging all Member States to redouble their efforts during the intersessional period towards resolving any outstanding issues. Under the third and final heading, “Organizational, administrative and other matters”, the Sixth Committee considered nine substantive and two procedural items. Agenda item 143, entitled “Administration of justice at the United Nations”, was allocated to the Fifth and Sixth Committees. The views of the Sixth Committee on the item were transmitted to the Fifth Committee through a letter from the President of the General Assembly dated 11 November 2013, and are contained in an annex to document A/C.5/68/11. The report on agenda item 166, entitled “Report of the Committee on Relations with the Host Country”, is contained in document A/68/474, and the draft resolution recommended to the General Assembly for adoption is contained in paragraph 9 of the report and, among other things, requests that the Committee continue its work in conformity with Assembiy resolution 2819 (XXVI). Furthermore, the Sixth Committee considered seven requests for observer status in the General Assembly. It recommended that the Assembly grant observer status to the International Institute for the Unification of Private Law, under agenda item 170, the International Anti-Corruption Academy, under agenda item 171, the Pan African Intergovernmental Agency for Water and Sanitation for Africa, under agenda item 172, and the Global Green Growth Institute, under agenda item 173. The Committee recommended that the Assembly defer decisions on requests for observer status in the General Assembly for the Cooperation Council of Turkic-speaking States, under agenda item 167 and draft resolution A/C.6/68/L.2, and the International Chamber of Commerce, under agenda item 169 and draft resolution A/C.6/68/L.4, to the sixty-ninth session of the Assembly. The sponsors of draft resolution A/C.6/68/L.3, submitted under agenda item 168, entitled “Observer status for the International Conference on Asian Political Parties in the General Assembly”, decided not to pursue their request for observer status in the Assembly for the International Conference on Asian Political Parties at this session, while reserving the right to present it at a future session. The Sixth Committee concluded its consideration of the item without taking action. The reports concerning each of the requests for observer status are contained in documents A/68/478, A/68/479, A/68/480, A/68/481, A/68/475, A/68/477 and A/68/476, respectively. The relevant draft resolutions and draft decisions are reproduced in paragraph 7 of documents A/68/478, A/68/479, A/68/480 and A/68/481, and in paragraph 8 of documents A/68/475 and A/68/477. Under this third heading, the Sixth Committee also considered two procedural items, namely, agenda item 122, entitled “Revitalization of the work of the General Assembly”, and agenda item 135, entitled “Programme planning’. The report under agenda item 122, which contains the provisional programme of work of the Committee at the sixty-ninth session, is to be found in document A/68/592. The draft decision by which the Assembly would take note of the provisional programme of work is reproduced in paragraph 7 of the report. The report on agenda item 135 is contained in document A/68/472, and no further action by the Assembly is recommended. The Sixth Committee adopted without a vote the draft decisions and the draft resolution relating to the agenda items under all three headings. It is my hope that the General Assembly will be in a position to do the same. Finally, I wish to inform the Assembly that there is no report in respect of agenda item 5, entitled “Election of the officers of the Main Committees”. Consistent with previous practice, the election of the officers of the Sixth Committee for the sixty-ninth session will be taken up at a later stage in the course of the current session. That concludes my introduction of the reports of the Sixth Committee. Let me take this opportunity to express my gratitude to the Chairman of the Sixth Committee, His Excellency Ambassador Mr. Palitha Kohona of Sri Lanka, for his dedicated work and for the commendable leadership that he provided to the Committee, and the other members of the Bureau — Mr. Ibrahim Salem of Egypt, Mr. Nikolas Johannes Stuerchler Gonzenbach of Switzerland and Mr. Leandro Vieira Silva of Brazil — for their cooperation. Finally, I would like to express my gratitude and appreciation to the secretariat of the Sixth Committee, ensured by the Codification Division of the Office of Legal Affairs, for its efficient and valuable support and for the competent and professional advice provided throughout the session.

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 reports of the Sixth Committee which are before the Assembly today.

Statements will therefore be limited to explanations of position. The positions of delegations regarding the recommendations of the 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, “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, i.e., either in the Committee or in plenary meeting, unless that delegation’s vote in plenary meeting is different from its vote in the Committee”. May I remind delegations that explanations of position are limited to 10 minutes and should be made by delegations from their seats. Before we begin to take action on the recommendations contained in the reports of the Sixth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Committee, unless the Secretariat is notified otherwise in advance. I should therefore hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Committee. Members are reminded that additional sponsors are no longer accepted now that draft resolutions and decisions have been adopted by the Committee. Any clarification about sponsorship should be addressed to the Secretary of the Committee.

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 77?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 8 of its report. We will now take a decision on the draft resolution. The Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 78?

The Assembly has before it four draft resolutions recommended by the Sixth Committee in paragraph 14 of its report. We will now take a decision on draft resolutions I, II, III and IV. Draft resolution I is entitled “Report of the United Nations Commission on International Trade Law on the work of its forty-sixth session”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

Draft resolution II is entitled “Revision of the Guide to Enactment of the Model Law on Cross-Border Insolvency and part four of the Legislative Guide on Insolvency Law of the United Nations Commission on International Trade Law”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

Draft resolution III is entitled “United Nations Commission on International Trade Law Guide on the Implementation of a Security Rights Registry”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

Draft resolution IV is entitled “United Nations Commission on International Trade Law Rules on Transparency in Treaty-based Investor- State Arbitration and Arbitration Rules (as revised in 2010, with new article 1, paragraph 4, as adopted in 2013)”. The Committee adopted draft resolution IV without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 79?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I consider that the Assembly wishes to do likewise?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 80?

The Assembly has before it two draft resolutions recommended by the Sixth Committee in paragraph 11 of its report. We will now take a decision on draft resolutions I and II. We turn first to draft resolution I, entitled “Reservations to treaties”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

Draft resolution II is entitled “Report of the International Law Commission on the work of its sixty-fifth session”. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 81?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 82?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 83?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that the Assembly wishes to conclude its consideration of agenda item 84?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

The General Assembly has thus concluded this stage of its consideration of agenda item 85.

The Assembly has before it a draft resolution recommended by the Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 86?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

I now give the floor to the representative of Paraguay, who wishes to speak in explanation of position.

The delegation of the Republic of Paraguay very closely followed the negotiation of resolution 68/118, introduced by the delegation of Japan under item 87 of the agenda of the current session, entitled “The law of transboundary aquifers”. Paraguay has a 5 per cent share of the so-called Guarani Aquifer, one of the largest fresh-water reserves on the planet. We attach great importance to the consideration of this issue at the Organization. We also understand that the draft articles put forward by the International Law Commission constitute progress on that front. In that vein, in 2010 we signed a joint agreement with the other countries that are part of the Guarani Aquifer. However, the delegation of Paraguay wishes to place on record at this meeting that, although we have joined the consensus in adoptiong this draft resolution, our legislative branch did not approve the agreement I just mentioned. Therefore, that instrument did not enter into force because our State did not ratify it.

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 87?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 8 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 110?

The Assembly has before it a draft decision recommended by the Committee in paragraph 7 of its report. We will now take action on the draft decision, entitled “Provisional programme of the work of the Sixth Committee for the sixty-ninth session of the General Assembly”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 122?

May I take it that the General Assembly wishes to take note of the report of the Committee contained in document A/68/472?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 135?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

I now give the floor to the representative of Argentina, who wishes to speak in explanation of postion.

Argentina is taking the floor to go on record as supporting the consensus adoption of resolution 68/120, as we did in the Sixth Committee. However, I would like to clarify that the report of the Sixth Committee on the report of the Committee on Relations with the Host Country (A/68/474) contains a paragraph  — namely, paragraph 8 — that indicates that my country explained its position. In fact, my delegation made a statement with regard to assistance received from the host country on a certain matter on which Argentina cooperated with local authorities without prejudice to the privileges and immunities that my country enjoys, and on a strictly voluntary basis. The statement that Argentina made in the Sixth Committee therefore is not specifically related to the resolution that the Assembly has just adopted.

May I take it that the Assembly wishes to conclude its consideration of item 166?

The Assembly has before it a draft decision recommended by the Committee in paragraph 8 of its report. We will now take a decision on the draft decision. The Committee adopted the draft decision without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 167?

May I take it that the Assembly wishes to take note of the report contained in document A/68/476?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 168?

The Assembly has before it a draft decision recommended by the Committee in paragraph 8 of its report. We will now take a decision on the draft decision. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 169?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 170?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 171?

The Assembly has before it a draft resolution recommended by the Committee in paragraph 7 of its report. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 172?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 173?

On behalf of the General Assembly, I would like to thank the Permanent Representative of Sri Lanka, Ambassador Palitha Kohona, Chair of the Sixth Committee, the members of the Bureau, the Secretary of the Committee and representatives for the excellent work they accomplished. The General Assembly has thus concluded its consideration of all of the reports of the Sixth Committee before it.