A/RES/40/70 GA

306 General Assembly-Fortieth Session tions for the purpose of encouraging the progressive devel- opment of international law and its codification, Recalling its resolution 177 (II) of 21 November 194 7, by which it directed the International Law Commission to prepare a draft code of offences against the peace and secu- rity of mankind, Having considered the draft Code of Offences against the Peace and Security of Mankind prepared by the Interna- tional Law Commission and submitted to the General Assembly in 1954,23 Recalling its belief that the elaboration of a code of offences against the peace and security of mankind could contribute to strengthening international peace and secu- rity and thus to promoting and implementing the purposes and principles set forth in the Charter of the United Nations, Recalling also its resolution 36/106 of 10 December 1981, in which it invited the International Law Commis- sion to resume 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, Bearing in mind that the International Law Commission should fulfil its task on the basis of early elaboration of draft articles thereof, Having considered chapter II of the report of the Inter- national Law Commission on the work of its thirty-sev- enth session,24 in particular paragraph 43 of the report, containing the outline of the future Code proposed by the Special Rapporteur, and paragraphs 99, 100 and 101 of the report containing the conclusions of the Commission, Taking note of the report of the Secretary-General on the subject, 25 Taking into account the views expressed during the debate on this item at the current session, 26 Recognizing the importance and urgency of the subject, l. Invites the International Law Commission to con- tinue its work on the elaboration of the draft Code of Offences against the Peace and Security of Mankind by elaborating an introduction as well as a list of the offences, taking into account the progress made at its thirty-seventh session, as well as the views expressed during the fortieth session of the General Assembly; 2. Requests the Secretary-General to seek the views of Member States and intergovernmental organizations regarding the outline of the future Code proposed by the Special Rapporteur and contained in paragraph 43 of the report of the International Law Commission, 24 and the conclusions contained in paragraphs 99, 100 and IOI of the said report; 3. Further requests the Secretary-General to include the views received from Member States and intergovern- mental organizations in accordance with paragraph 2 above in a report to be submitted to the General Assembly at its forty-first session with a view to adopting, at the appropriate time, the necessary decision thereon; 4. Decides to include in the provisional agenda of its forty-first session the item entitled "Draft Code of Offen- ces against the Peace and Security of Mankind''. Ill be con- 23 /bid., Ninth Session. Supplrment No. 9 !A/2693), para. '>4. 24 Ibid" fonie1h Session, SupplPm,·'11 No. JO (A.40/10) 25 A/401-!c51 and Add.1-3. 26 Sec Official Records of the Geru•ral Assembly. Fortieth Session, S1.<1h Comm/tree, 23rd to 36th, 44th and 50th meetings; and i/,,d .. Sixth Comm1I• ree, Sessional Fascicle, corrigendom 27 ibid. Thirtv-fi,urth Sessior1 Su,1plenwm No. 4' (A 034'4 I and , "" , l annex. sidered in conjunction with the examination of the report of the International Law Commission. 112th plenary meeting 11 December 1985 40/70. Report of the Special Committee on Enhanc- ing the Effectiveness of the Principle of Non- Use of Force in International Relations The General Assembly, Recalling its resolution 31/9 of 8 November 1976, in which it invited Member States to examine further the draft World Treaty on the Non-Use of Force in Interna- tional Relations27 as well as other proposals made during the consideration of the item, Recalling also its resolution 32/150 of 19 December 1977, by which it established the Special Committee on Enhancing the Effectiveness of the Principle of Non-Use of Force in International Relations, Recalling, in particular, its resolutions 33/96 of 16 December 1978, 34/13 of 9 November I 979, 35/50 of 4 December 1980, 36/31 of 13 November 1981, 37/105 of 16 December 1982, 38/133 of 19 December 1983 and 39/ 81 of 13 December 1984, in which it decided that the Spe- cial Committee should continue its work, Taking note of the statements made by the Chairmen of the Special Committee at its sessions in 1983, 28 I 984, 29 and 1985, 30 based on the informal working paper presented by the Chairman of the Special Committee at its session in 1982, 31 Having considered the report of the Special Committee on the work of the session it held in I 985,32 Taking into account that the Special Committee has not completed the mandate entrusted to it, Reaffirming the need for effectiveness in the universal application of the principle of non-use of force in interna- tional relations and for assistance by the United Nations in this endeavour, Taking into account the suggestions of States made during the consideration of the report of the Special Com- mittee on the preparation at the present stage of a declara- tion on the non-use of force in international relations, I. Takes note of the report of the Special Committee on Enhancing the Effectiveness of the Principle of Non- Use of Force in International Relations; 2. Decides that the Special Committee shall continue its work with the goal of drafting a world treaty on the non-use of force in international relations and, at the earli- est possible date, as an intermediate stage, a declaration on the non-use of force in international relations, as well as the peaceful settlement of disputes or such other recom- mendations as the Committee deems appropriate; 3. Invites the Special Committee, in drafting the decla- ration, to take into consideration the results of work done in the preparation of the working paper containing the main elements of the principle of non-use of force in inter- national relations, as well as the suggestions submitted to 1t and the efforts undertaken at its previous sessions; 4. Invites Governments to communicate their com- ments or suggestions on the question considered by the Special Committee; 28 Ibid., Thmy-e1ghth Semon. Supplement No. 41 (A/38/41 ). para. 59. 29 Ibid., Thmy-mnlh SeSSlon, Supplement No. 41 (A/39/41), para. 51. 30 Ibid., Fortieth Session. Supplement No. 41 (A/40/41 ), annex. 3 I Ibid., Thmy-se,•enth SPssion. Supplement No. 41 (A/37/41 and Corr I). para 372. 32 /Nd .. For11eth ),•sswn. Supplement No 41 (A/40/41). IX. Resolutions adopted on the reports of the Sixth Committee 307 5. Requests the Special Committee to be mindful of the importance of reaching general agreement whenever it has significance for the outcome of its work; 6. Decides that the Special Committee shall accept the participation of observers of Member States, including participation in the meetings of its working group; 1. Requests the Special Committee to concentrate its work in the framework of its working group; 8. Requests the Secretary-General to provide the Spe- cial Committee with the necessary facilities and services; 9. Invites the Special Committee to submit a report on its work to the General Assembly at its forty-first session, containing, inter a/ia, the concrete results achieved through the discussion of the elements referred to in para- graph 3 above; I 0. Decides to include in the provisional agenda of its forty-first session the item entitled "Report of the Special Committee on Enhancing the Effectiveness of the Principle of Non-Use of Force in International Relations". 112th plenary meeting 11 December 1985 40/71. Report of the United Nations Commission on International Trade Law The General Assembly, Having considered the report of the United Nations Commission on International Trade Law on the work of its eighteenth session,33 Recalling that the object of the Commission is the pro- motion of the progressive harmonization and unification of international trade law, Recalling, in this regard, its resolution 2205 (XXI) of I 7 December 1966, as well as all its other resolutions relating to the work of the Commission, Recalling also its resolutions 320 I (S-VI) and 3202 (S- VI) of I May 1974, 3281 (XXIX) of 12 December 1974 and 3362 (S-VII) of 16 September 1975, Reaffirming its conviction that the progressive harmoniz.ation and unification of international trade law, in reducing or removing legal obstacles to the flow of inter- national trade, especially those affecting the developing countries, would significantly contribute to universal eco- nomic co-operation among all States on a basis of equality, equity and common interest and to the elimination of dis- crimination in international trade and, thereby, to the well-being of all peoples, Having regard for the need to take into account the dif- ferent social and legal systems in harmonizing and unify- ing international trade law, Stressing the value of participation by States at all levels of economic development, including developing countries, in the process of harmonizing and unifying international trade law, 1. Takes note with appreciation of the report of the United Nations Commission on International Trade Law on the work of its eighteenth session; 2. Commends the Commission for the progress made in its work and for having reached decisions by consensus; 3. Calls upon the Commission to continue to take account of the relevant provisions of the resolutions con- cerning the new international economic order, as adopted by the General Assembly at its sixth and seventh special sessions, and reaffirms the importance, in particular for 33 Ibid., Supplement No. 17 (N40117). 34 Ibid., annex I. developing countries, of the work carried out by the Work- ing Group on the New International Economic Order on a legal guide on the drawing up of international contracts for construction of industrial works; 4. Notes with particular satisfaction the completion and adoption by the Commission of the Model Law on International Commercial Arbitration; 34 5. Welcomes the work of the Commission on the legal implications of automated data processing on the flow of international trade as an activity of vital importance to States at all levels of economic development, including developing countries, and in this connection: (a) Commends the Commission for its recommenda- tion on the legal value of computer records35 which, in conjunction with the preparatory report submitted to the Commission by the Secretary-General, 36 aids in clarifying the legal issues; (b) Calls upon Governments and international organi- zations to take action, where appropriate, in conformity with the recommendation of the Commission35 so as to ensure legal security in the context of the widest possible use of automated data processing in international trade; 6. Reaffirms the mandate of the Commission, as the core legal body within the United Nations system in the field of international trade law, to co-ordinate legal activ- ities in this field in order to avoid duplication of effort and to promote efficiency, consistency and coherence in the unification and harmonization of international trade law, and, in this connection, recommends that the Commis- sion, through its secretariat, should continue to maintain close co-operation with the other international organs and organizations, including regional organizations, active in the field of international trade law; 7. Reaffirms also the importance, in particular for the developing countries, of the work of the Commission con- cerned with training and assistance in the field of interna- tional trade law and the desirability for it to sponsor sym- posia and seminars, in particular those organized on a regional basis, to promote such training and assistance, and, in this connection: (a) Expresses its appreciation to those Governments, regional organizations and institutions that have collabo- rated with the secretariat of the Commission in organizing regional seminars and symposia in the field of interna- tional trade law; (b) Welcomes the initiatives being undertaken by the Commission and its secretariat to collaborate with other organizations and institutions in the organization of regional seminars; (c) Invites Governments, international organizations and institutions to assist the secretariat of the Commission in financing and organizing regional seminars and sympo- sia, in particular in developing countries; (d) Invites Governments, relevant United Nations organs, organizations, institutions and individuals to make voluntary contributions to allow the resumption of the programme of the Commission for the award of fellow- ships on a regular basis to candidates from developing countries to enable them to participate in such symposia and seminars; 8. Stresses the importance of bringing into effect the conventions emanating from the work of the Commission for the global unification and harmonization of interna- tional trade law; 9. Recommends that the Commission should continue its work on the topics included in its programme of work; 35 /hid. Supplement No 17 (N41J 17), ,·hap. VI. sect. B. 16 A/CN 9,265.

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