S/PV.78 Security Council

The Swïss Consul-General 1 forwarded to the Seeretary-General the following Consul letter from the Chief of the Swiss Federal Polititaire cal Departr'1.ent: partement politique fédéral helvétique: "Mr. Secret,ary-General, "In vi,rtue of Article 93, paragraph 2, of the San FranciSco Charter, aState which is not a Member of the United Nations may becon'le a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly, upon the recommendationof the Security Council. "On the.basis of this provision, the Swiss Federal Council would bP. g!ad if you would kindly inform the Security litiiJncil and the General Assembly of its desire to know the 1 might perhaps remind the members of the Council of the wording of paragraph 2 of Article 93 of the Charter, to which reference is Mad,. in the Swiss note: "A State which is not a Member of the United Nations May become a party to the Statute of the International Court of Justice on conditions to be detem1Îned in each case by the General Assembly upon the recommendation of the Security Council." That is the text of paragraph 2 of Article 93. It seems clear, therefore,. that in prescribing the individual examination ofeach case, the authors of the Charter wanted to give to the General Assembly and to the Security Council the right and the duty of taking their decision after having taken into consideration all elements of the problem, including the political aspects which May be involvedo 1 might aIso iemind the Council that originally there was a med date limit set for the inscription of new items on the Assembly agenda. That date was 2 November. But, by a decision of the General Committee on 28 October, it was decided that the Security Council could add, if necessary, fresh items tothe Assembly agenda after that date. That woulc1 give a little more time for the consideration of this particular question. 1 will now open this matter to discussion in the Council and will call upbn any member who ,Vishes to offer any observation. Mr. PADILLA NERVO (Mexico) : It would possibly beappropriate for the Council to decide to turn this matter over to the Committee of Experts of the Security Council, so that those conditions can be discussed there and a report made later to the' Council..The Council co1.ild possibly recommend to the Committeeof Experts thatthis rep~rt should, of course, be ready in time to be submitted to the. General Assembly during.its present session. HAS~\AN Pasha (Egypt): 1 second the motion. Mr. MOLOTOV (Union of Soviet Socialist Republics) (trànslated trom Russian): 1 aIso second the motion. . ThePREsIDEr-:rT: Has any other representative any observation to make? 1 think thesuggestionmadé by'the :representative of Mexico is evidentlya'godd one. This question' would'havê tô'be carefully exàmined. There are probably a' nûniber .of '.aspects that '\\Tould 'have tobeconsiderecl and :eXânililed in detail,andtherefore 1 tliihk we 'shouldbe:Wise 1 listes rait mité

Would that be acceptable to the Counci1, and has any member any suggestion ta make as to the fixing of a specifie date? Conseil tion? vations Mr. JOHNSON (United States of America): I suggest that, in fixing a date, we bear in mind that it would take perhaps three or four da}"S to prepare a report on $is matter. Accordingly, 1 suggest that a week from next Wednesday would possibly be a suitable 'clay. duit ne la demandera conséquence, Sf".rait The PRE'5IDENT: Would th:;tt be agreeable to the representative of the Union of Soviet Socialist Republics? l présentant soviétiques est-il d'accord? Mr. MOLOTOV (Union of SovietSocialist Republics) (translated tram Russian): 1 agree. listes d'accord.

Could we stipulate that this would be the latest possible date, and might we, at the same time, request the Conunittee of Experts to expedite their study of the matter so far as possible? If they are able to make a report before that date, they could do so, and then thereafter, after a suitable interval permitting the delegations to consider the report of the ex;. perts, a meeting of thé Council could be summoned to examine the matter further. ls that agreed? rions-nous· pas date temps, qu'il Comité avant après délégations réunion exanlÏner d'accord Conseil Then 1 think that exhausts the business of the Security Council for today. Mr. LANGE (Poland): 1 should like to ask a question on a point of order. Our delegation has followed the disc~ionsin the General Assembly and found that generaIly,these discussions have shawn a great interest in the SpaniSh· problem which was discussed here before the·Council. Our de1egatioI\. intends to present to the'General Assembly resolutions containing certain recammendations on this problem,.and 1 think thereare sorne other de1egations whichmay want to take similar action. Now, according to Article 12 of the Charter, the General Assembly is fiOt free to make recommendations on a matter on which the Council exercises its functionS. At one·of the closed meetiIigs·of the Council, a discussion took place as to the ex:aCt meaning of the term "exercising its funetions." . We do not want to prejudice in any way the interpretation of t~ Article ofthe Charter. However, in order to dispe1any doubts that may exist J'aimerais· Notre délégation l'Assemblée manière· ·générale, porté devant de tions .contenant tives gations peuvent désirer agir l'Article doit faire tionà fonctions. cussion "remplit l'interprétation pendant,·

For the sake of good arder, 1 would remi.,d members of thè Council, as the Polish'representative himself has stated, that this question did not figure on our agenda, but the Council presumably is at liberty to decide, if it sa desires, to add it ta today's agenda, and 1 would, therefore, in the fust place, ask whether any representative seesany obj~ction to adopting that course. Is there any objection? Mr. MOLOTOV (Union of Soviet Socialist Republics), (translated [rom Russian): Provided there is no objection on the part ofmy colleagues, 1 would be in favour of placing this issue on taday's agenda. HA~SAN Pasha (Egypt): 1 think that for the sake of good order,we ,should not take tIp any matters which are not on the agenda and that they shQuId beentered on the agenda in the proper way. 1 would. suggestthat if thereprçsentative of Poland wish,es this matter to,he discussed, we should take it up at the next meeting, but not at this on~. 1 am sorry to ha:ve to make this point becausethis is the fust time l, have attended the meetings for sorne months and 1 would Iike to examine questions asthey arise; however ,todaythis matter comes rather un~xpectedly. ' Mr. VELLOSO (Brazil) (translated [rom French): 1 express my full agreement :with the represeritative of Egypt. . T4e PRESIDENT: 1 wouldsuggestto the repre- ~ntative of Poland that we mig4t perhaps allo,"". a short: delay. He hashear-d two representatives .express doubt, as ta whether theÇouncil sho~d immediatelyhere and,now attem,pt to take.a decision onthis,.point. Therepresentativeof Egypt sugg~ed that itmight be:: discussçd at our, next. mec::ting, Pl;lt 1 donot quite kn9w .exactlywhen thlilt'wiIIbe.,1 .»,"ould ,suggest this= according to, our n0rntalprqced1ll'e, 1 think.three days'notice isrequir~d b~Qre.the COlUlciI CaJ.1 accept aquéstiQl1;C?D,.its"age,nqa, ,lilllc:l J,'wotJld"ask.the,repre-: sentaQ.yeof·Polandwhe,ther.hewould besatisfiM, to wait three dars which is not such avçryJong delay. "