A/RES/39/90 GA
Review of the multilateral treaty-making process : resolution / adopted by the General Assembly
39
Session
125
Yes
0
No
12
Abstentions
| Draft symbol | A/RES/39/90 |
|---|---|
| Adopted symbol | A/RES/39/90 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| P5 Positions |
|
| UN Document | A/RES/39/90 ↗ |
Vote Recorded Vote — A/39/PV.99
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Algeria
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Angola
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Argentina
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Australia
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Austria
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Bahamas
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Bahrain
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Bangladesh
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Barbados
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Belgium
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Benin
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Bhutan
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Plurinational State of Bolivia
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Botswana
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Brazil
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Brunei Darussalam
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Burkina Faso
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Myanmar
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Burundi
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Cameroon
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Canada
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Cabo Verde
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Chad
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Chile
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China
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Colombia
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Congo
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Costa Rica
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Cyprus
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Cambodia
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Democratic Yemen
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Denmark
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Djibouti
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Dominican Republic
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Ecuador
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Egypt
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El Salvador
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Ethiopia
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Fiji
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Finland
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France
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Gabon
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Germany
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Ghana
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Greece
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Guatemala
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Guinea
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Guyana
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Haiti
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Honduras
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Iceland
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India
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Indonesia
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Islamic Republic of Iran
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Iraq
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Ireland
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Israel
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Italy
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Côte d'Ivoire
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Jamaica
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Japan
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Jordan
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Kenya
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Kuwait
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Lebanon
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Lesotho
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Liberia
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Libya
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Luxembourg
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Madagascar
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Malawi
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Malaysia
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Maldives
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Mali
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Mauritania
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Mauritius
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Mexico
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Morocco
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Mozambique
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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Niger
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Nigeria
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Norway
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Oman
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Pakistan
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Panama
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Papua New Guinea
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Paraguay
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Peru
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Philippines
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Portugal
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Qatar
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Romania
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Rwanda
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Sao Tome and Principe
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Saudi Arabia
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Senegal
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Sierra Leone
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Singapore
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Somalia
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Spain
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Sri Lanka
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Sudan
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Suriname
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Sweden
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Syrian Arab Republic
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Thailand
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Togo
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Trinidad and Tobago
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Tunisia
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Türkiye
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Uganda
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland
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United States of America
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Uruguay
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Bolivarian Republic of Venezuela
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Viet Nam
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Yemen
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Yugoslavia
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Democratic Republic of the Congo
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Zambia
Full text of resolution
294
General Assembly-Thirty-ninth Session
children and to recognize those children whose needs are
not being met by existing services.
Noting the usefulness of regional co-operation in matters
regarding the well-being of children,
Recognizing that the best child welfare is good family
welfare and that, when family care is unavailable or inap-
propriate, substitute family care should be considered, in
conformity with national legislation,
Convinced that adoption of the draft Declaration will
promote the well-being of children with special needs,
I. Appeals to Member States representing different
legal systems to undertake consultations on the draft Dec-
laration on Social and Legal Principles relating to the Pro-
tection and Welfare of Children, with Special Reference to
Foster Placement and Adoption Nationally and Interna-
tionally, with a view to finding out the extent to which
they would join the common endeavour of completing the
work thereon;
2.
Also appeals to the Member States that will take part
in the consultations to submit, before the forty-first session
of the General Assembly, a paper containing their
common conclusions on the matter, including, if appropri-
ate, their suggestions as to the procedure and forum for
future work;
3.
Requests the Secretary-General to circulate the
paper referred to in paragraph 2 above to Member States
with a view to obtaining their comments thereon, inclu-
ding their views as to the procedure and forum for future
work, and to submit a report to the General Assembly at
its forty-first session;
4.
Decides to include in the provisional agenda of its
forty-first session the item entitled "Draft Declaration on
Social and Legal Principles relating to the Protection and
Welfare of Children, with Special Reference to Foster
Placement and Adoption Nationally and Internationally".
99th plenary meeting
13 December I 984
39/90. Review of the multilateral treaty-making
process
The General Assembly,
Bearing in mind that multilateral treaties are an impor-
tant means of ensuring co-operation among States and an
important primary source of international law,
Conscious, therefore, that the process of elaboration of
multilateral treaties, directed towards the progressive
development of international law and its codification,
forms an important part of the work of the United Nations
and of the international community in general,
Aware of the responsibility which active involvement in
the process of multilateral treaty-making places on
Governments,
Convinced that optimum use should be made of the
finite resources available for the elaboration of multilateral
treaties,
Conscious of the desirability of consolidating and dis-
seminating information on the procedures followed by the
United Nations in the preparation and formulation of the
text of multilateral treaties,
49 A/35/312 and Corr. I.
50 A/35/312/Add.l and 2 and Add.2/Con I
5 I A/36/553.
52 A/37/444.
53 A/36/553/Add. l and 2 and A J7 444 Add. I
Taking into account that in certain important and spe-
cialized areas interested parties have developed methods
of negotiation of proven and continued value,
Bearing in mind the important contribution of the Inter-
national Law Commission to the preparation of multilat-
eral treaties during the past thirty-six years,
Aware that the Asian-African Legal Consultative Com-
mittee has been reviewing certain aspects of multilateral
treaty-making,
Having taken note of the report of the Secretary-General
on the review of the multilateral treaty-making process
submitted to the General Assembly at its thirty-fifth ses-
sion49 and of the views of Governments and of the Inter-
national Law Commission contained in the addenda
thereto, 50
Having taken note also of the subsequent reports of the
Secretary-General submitted to the General Assembly at
its thirty-sixth 51 and thirty-seventh52 sessions and of the
replies and observations made by Governments and inter-
national organizations, 53
Having considered the statements made at the current
session during the debate in the Sixth Committee,54
Noting that the Working Group on the Review of the
Multilateral Treaty-making Process, first established in
accordance with General Assembly resolution 36/112 of
I O December 1981, concluded its mandate, and taking
note of the report of the Working Group, together with its
final document on the review of the multilateral treaty-
making process, 55
I.
Expresses its appreciation to the Working Group on
the Review of the Multilateral Treaty-making Process for
the completion of its mandate and for its final document;
2.
Requests the Secretary-General to circulate to all
States Members the final document of the Working Group
on the Review of the Multilateral Treaty-making Process;
3. Recommends to all States which are considering the
initiation of a multilateral treaty within the framework of
the United Nations to give consideration to the procedures
set out in the final document of the Working Group on the
Review of the Multilateral Treaty-making Process;
4.
Also requests the Secretary-General to prepare, for
information and possible use by Governments, a hand-
book on multilateral treaty-making as described in para-
graph 18 of the final document of the Working Group on
the Review of the Multilateral Treaty-making Process, to
be made available within two years;
5.
Further requests the Secretary-General:
(a) To examine, together with the specialized and
related agencies, and other international organizations
exercising depositary functions, the feasibility and finan-
cial implications of consolidating, in a similar way to the
volumes entitled Multilateral Treaties Deposited with the
Secretary-General, 56 the information regarding depositary
functions performed by these international organizations;
(b) To hold consultations on the feasibility and finan-
cial implications of publishing, at regular intervals, consol-
idated information regarding depositary functions per-
formed by Governments;
(c) To examine the regulations in force for giving effect
to Article 102 of the Charter of the United Nations, with a
view to their possible up-dating;
54 See Offic,al Records of the General Assembly, Thirty-ninth Session, Sixth
( i,mmittee, 59th, 60th and 64th meetings.
,s A/C.6/39/L.12. annex.
56 ST /LEG/SER.E/2 and Add. I.
IX.
Resolutions adopted on the reports of the Sixth Committee
295
(d) To invite the specialized and related agencies, and
other international organizations in consultative status
with the United Nations, to communicate to the Secretary-
General information regarding their respective treaty-
making activities; and to report thereon to the Sixth
Committee;
6. Reiterates its request to the Secretary-General to
continue to prepare for publication as soon as possible new
s7 ST/LEG/6.
editions of the Handbook of Final Clauses51 and the Sum-
mary of the Practice oft he Secretary-General as Depositary
of Multilateral Agreements,58 taking into account relevant
developments and practices in that respect.
58 ST!LEG/7.
99th plenary meeting
13 December 1984
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