A/RES/37/11 GA

IX. Resolutions adopted on the reports of the Sixth Committee 263 12. In order to facilitate the exercise by the peoples concerned of the right to self-determination as referred to in the Declaration on Prin­ ciples of International Law concerning Friendly Relations and Co-op­ eration among States in accordance with the Charter of the United Nations, the panics to a dispute may have the possibility, if they agree to do so and as appropriate, to have recourse to the relevant procedures mentioned in the present Declaration. for the peaceful settlement of the dispute. 13. Neither the existence of a dispute nor the failure of a procedure of peaceful settlement of disputes shall permit the use of force or threat of force by any of the States parties to the dispute. II I . Member States should make full use of the provisions of the Charter of the United Nations, including the procedures and means provided for therein, particularly Chapter VI, concerning the peaceful settlement of disputes. 2. Member States shall fulfil in good faith the obligations assumed by them in accordance with the Charter of the United Nations. They should, in accordance with the Charter, as appropriate, duly take into account the recommendations of the Security Council relating to the peaceful settlement of disputes. They should also, in accordance with the Charter, as appropriate, duly take into account the recommendations adopted by the General Assembly, subject to Articles 11 and 12 of the Charter, in the field of peaceful settlement of disputes. 3. Member States reaffirm the important role conferred on the Gen­ eral Assembly by the Charter of the United Nations in the field of peaceful settlement of disputes and stress the need for it to discharge effectively its responsibilities. Accordingly, they should: (a) Bear in mind that the General Assembly may discuss any situ­ ation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations and, subject to Article 12 of the Charter, recommend measures for its peaceful adjustment; (b) Consider making use, when they deem it appropriate, of the possibility of bringing to the attention of the General Assembly any dispute or any situation which might lead to international friction or give rise to a dispute; (c) Consider utilizing, for the peaceful settlement of their disputes, the subsidiary organs established by the General Assembly in the per­ formance of its functions under the Charter; (d) Consider, when they are parties to a dispute brought to the attention of the General Assembly, making use of consultations within the framework of the Assembly, with a view to facilitating an early settlement of their dispute. 4. Member States should strengthen the primary role of the Security Council so that it may fully and effectively discharge its responsibilities, in accordance with the Charter of the United Nations, in the area of the settlement of disputes or of any situation the continuance of which is likely to endanger the maintenance of international peace and security. To this end they should: (a) Be fully aware of their obligation to refer to the Security Council such a dispute to which they are parties if they fail to settle it by the means indicated in Article 33 of the Charter; (b) Make greater use of the possibility of bringing to the attention of the Security Council any dispute or any situation which might lead to international friction or give rise to a dispute; (c) Encourage the Security Council to make wider use of the op­ portunities provided for by the Charter in order to review disputes or situations the continuance of which is likely to endanger the maintenance of international peace and security; (d) Consider making greater use of the fact-finding capacity of the Security Council in accordance with the Charter: (e) Encourage the Security Council to make wider use, as a means to promote peaceful settlement of disputes, of the subsidiary organs established by it in the performance of its functions under the Charter; (f) Bear in mind that the Security Council may, at any stage of a dispute of the nature referred to in Article 33 of the Charter or of a situation of like nature, recommmend appropriate procedures or methods of adjustment; (g) Encourage the Security Council to act without delay. in accord­ ance with its functions and powers, particularly in cases where inter­ national disputes develop into armed conflicts. 5. States should be fully aware of the role of the International Coun of Justice, which is the principal judicial organ of the United Nations. Their attention is drawn to the facilities offered by the International Court of Justice for the settlement of legal disputes, especially since the revision of the Rules of the Court. States may entrust the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future. States should bear in mind: (a) That legal disputes should as a general rule be referred by the parties to the International Court of Justice. in accordance with the provisions of the Statute of the Court; (b) That it is desirable that they: (i) Consider the possibility of inserting in treaties, whenever ap­ propriate, clauses providing for the submission to the Interna­ tional Court of Justice of disputes which may arise from the interpretation or application of such treaties; (ii) Study the possibility of choosing, in the free exercise of their sovereignty. to recognize as compulsory the jurisdiction of the International Court of Justice in accordance with Anicle 36 of its Statute; (iii) Review the possibility of identifying cases in which use may be made of the International Court of Justice. The organs of the United Nations and the specialized agencies should study the advisability of making use of the possibility of requesting advisory opinions of the International Court of Justice on legal questions arising within the scope of their activities, provided that they are duly authorized to do so. Recourse to judicial settlement of legal disputes, panicularly referral to the International Court of Justice. should not be considered an un­ friendly act between States. 6. The Secretary-General should make full use of the provisions of the Charter of the United Nations concerning the responsibilities en­ trusted to him. The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security. He shall perform such other functions as are entrusted to him by the Security Council or by the General Assembly. Reports in this connection shall be made when­ ever requested to the Security Council or the General Assembly. Urges all States to observe and promote in good faith the provisions of the present Declaration in the peaceful settlement of their international disputes; Declares that nothing in the present Declaration shall be construed as prejudicing in any manner the relevant provisions of the Charter or the rights and duties of States, or the scope of the functions and powers of the United Nations organs under the Charter, in particular those relating to the peaceful settlement of disputes; Declares that nothing in the present Declaration could in any way prej­ udice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist re­ gimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive suppon, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration; Stresses the need, in accordance with the Charter, to continue effons to strengthen the process of the peaceful settlement of disputes through progressive development and codification of international law, as appro­ priate, and through enhancing the effectiveness of the United Nations in this field. 37/11. United Nations Conference on Succession of States in respect of State Property, Archives and Debts The General Assembly, Recalling that, by its resolution 36/ 113 of 10 December 1981, it decided to convene a conference of plenipotentiaries in 1983 to consider the draft articles on succession of States in respect of State property, archives and debts, adopted by 264 General Assembly-Thirty-seventh Session the International Law Commission at its thirty-third ses­ sion, 4 and to embody the results of its work in an interna­ tional convention and such other instruments as it might deem appropriate, Recalling further that, in paragraph 1 of the same reso­ lution, it expressed its appreciation to the International Law Commission for its valuable work on the question of succes­ sion of States in respect of State property, archives and debts, and to the Special Rapporteur on the topic for his contribution to that work, Believing that the draft articles adopted by the Interna­ tional Law Commission at its thirty-third session represent a good basis for the elaboration of an international conven­ tion and such other instruments as may be appropriate on the question of succession of States in respect of State prop­ erty, archives and debts, Taking note of the report of the Secretary-General, 5 which contains the comments and observations submitted by a number of Member States in accordance with General As­ sembly resolution 36/ 113, Mindful of Article 13, paragraph l a, of the Charter of the United Nations, which provides that the General As­ sembly shall initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification, Believing that the successful codification and progressive development of the rules of international law governing succession of States in respect of State property, archives and debts would contribute to the development of friendly relations and co-operation among States, irrespective of their constitutional and social systems, and would assist in pro­ moting and implementing the purposes and principles set forth in Articles l and 2 of the Charter, Noting with appreciation that an invitation has been ex­ tended by the Government of Austria to hold the United Nations Conference on Succession of States in respect of State Property, Archives and Debts at Vienna, 1. Decides that the United Nations Conference on Succession of States in respect of State Property, Archives and Debts, referred to in General Assembly resolution 36/ 113, shall be held from l March to 8 April 1983 at Vienna; 2. Requests the Secretary-General to invite: (a) All States to participate in the Conference; (b) Namibia, represented by the United Nations Council for Namibia, to participate in the Conference, in accordance with paragraph l of General Assembly resolution 36/121 D of 10 December 1981 ; (c) Representatives of organizations that have received a standing invitation from the General Assembly to partici­ pate in the sessions and the work of all international con­ ferences convened under its auspices in the capacity of ob­ server to participate in the Conference in that capacity, in accordance with Assembly resolutions 3237 (XXIX) of 22 November 1974 and 31/152 of 20 December 1976; (d) Representatives of the national liberation move­ ments recognized in its region by the Organization of Af­ rican Unity to participate as observers, in accordance with General Assembly resolution 3280 (XXIX) of JO December 1974; (e) The specialized agencies and the International Atomic Energy Agency as well as interested organs of the United Nations and interested intergovernmental organizations to be represented by observers at the Conference; 4 Official Records of the General Assembly, Thirty-sixth Session, Sup­ plement No. 10 (A/36/10 and Corr. I). chap. II, sect. D. 'A/37/454 and Corr. I and Add. I. 3. Refers to the Conference, as the basic proposal for its consideration, the draft articles on succession of States in respect of State property, archives and debts adopted by the International Law Commission at its thirty-third session; 4. Decides that the languages of the Conference shall be the official and working languages of the General As­ sembly, its committees and its sub-committees; 5. Requests the Secretary-General to submit to the Con­ ference all relevant documentation and recommendations relating to its methods of work and procedures and to arrange for the necessary staff, facilities and services which it will require, including the provision of summary records; 6. Requests the Secretary-General to arrange for the participation at the Conference, as an expert, of the former Special Rapporteur of the International Law Commission on the topic of succession of States in respect of matters other than treaties. if he is available. 68th plenary meeting 15 November /982 37/102. Draft Code of Offences against the Peace and Security of Mankind The General Assembly, Mindful of Article 13, paragraph l a, of the Charter of the United Nations, which provides that the General As­ sembly shall initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification, Recalling its resolution 177 (II) of 21 November 1947, by which it directed the International Law Commission to prepare a draft code of offences against the peace and se­ curity of mankind, Having considered the draft Code of Offences against the Peace and Security of Mankind prepared by the International Law Commission and submitted to the General Assembly in 1954,6 Recalling its belief that the elaboration of a code of of­ fences against the peace and security of mankind could contribute to strengthening international peace and security and thus to promoting and implementing the purposes and principles set forth in the Charter of the United Nations, Recalling its resolution 36/ 106 of JO December 1981, in which it invited the International Law Commission to re­ sume its work with a view to elaborating the draft Code and to examine it with the required priority in order to review it, taking into account the results achieved by the process of the progressive development of international law, Taking into account the views expressed during the debate on this item at the current session,7 Noting with satisfaction the appointment of a special rap­ porteur for the draft Code, K Taking into account the importance and the urgency of the subject, l. Invites the International Law Commission to continue its work with a view to elaborating the draft Code of Of­ fences against the Peace and Security of Mankind, in con­ formity with paragraph l of General Assembly resolution 36/ 106 and taking into account the decision contained in paragraph 255 of the report of the International Law Com­ mission on the work of its thirty-fourth session;9 6 Official Records of the General Assembly, Ninth Session. Supplement No. 9 (A/2693). para. 54. 7 Ibid .. Thirty-seventh Session. Sixth Commiuee, 52nd-55th, 63rd and 64th meetings. • Ibid .. Thirty-seventh Session, Supplement No. /0 (A/37/ 10), para. 252. "Ibid., Supplement No. 10 (A/37/10).

UN Project. “A/RES/37/11.” UN Project, https://un-project.org/votes/resolution/A-RES-37-11/. Accessed .

Copy citation