UN Decade Report

During each year of the UN Decade on International Law, States and international organizations have provided their responses to the UN Decade of International Law to the UN Secretary-General. His prior reports of these responses have been summarized in various issues of this Newsletter. The following is my selective summary of salient features of the 1995 Secretary-General's Report, General Assembly Document A/50/368, 30 August 1995, Fiftieth Session, Item 143 of the provisional agenda, original English. (FYI, Richard Hartzman, an ASIL representative at the UN, obtained the nearly 50-page report for me by down- loading it from the Internet "gopher," and then transferring it between home computers via our respective private on-line e-mail services).

Prior to this Newsletter's summary of the Secretary-General's Report, one should note the following quote regarding funding (extracted from paragraphs 99. & 100.):

99. * * * it is recognized that, within the existing overall level of appropriations, adequate financing for the implementation of the programme for the Decade is necessary and should be provided. Voluntary contributions from Governments, international organizations and other sources, including the private sector, would be useful and are strongly encouraged. To this end, the establishment of a trust fund to be administered by the Secretary-General might be considered by the General Assembly.

100. * * * With reference to paragraph 7 of General Assembly resolution 49/50, in which the Assem- bly appealed, inter alia, to international organizations to make financial or in-kind contributions for the purpose of facilitating the implementation of the programme for the third term of the Decade (1995-1996), UNESCO indicated that it was pursuing this objective on a general level through the promotion of international cooperation in the field of international law, and more specifically, was distributing its numerous publications worldwide.

The 1995 Report incorporates responses received from (a) two States, the Cook Islands and Cyprus; and (b) 14 international organizations. The relative degree of responses during this reporting period speaks to the comparative dedication of international organizations to the ideals of the UN Decade. States have been invited to submit suggestions for consideration by the UN's Sixth Committee. In particular, efforts should be made to identify areas of International Law which might be ripe for the progressive development of International Law or its codification. International organizations have been encouraged to report to the Secretary-General on ways and means for implementing the multilateral treaties to which they are parties. Both States and international/regional organizations have been encouraged to publish, if they have not already done so, summaries, repertories, or yearbooks of their practice.

Part One of this Editor's summary thus addresses some introductory matters, prior to the Secretary-General's report of specific responses to the UN Decade in the 1995 Report. The UN Decade has, thus far, been organized into inclusive two-year terms: first term 1990-1992; second term 1993-1994; third term 1995-1996. In GA Resolution 49/50 (9 Dec. '94), the General Assembly invited all States to widely disseminate the guidelines for military manuals and instructions on the protection of the environment in times of armed conflict (A/49/ 323, annex) received from the International Committee of the Red Cross (ICRC) and to give due consideration to the possibility of incorporating them into their military manuals and other instructions addressed to their military personnel. The UNGA also invited the ICRC to continue to report on activities undertaken by the ICRC, and other relevant bodies, with regard to the protection of the environment in times of armed conflict.

Part Two of this Newsletter summarizes the highlights of State and organizational responses to the UN Decade (for this reporting period). The Editor has rearranged the Secretary-General Report format, so as to include all activities of a particular State or international organization under one heading, rather than using the Report's five-part organizational scheme which divides the work of these entities into the five parts of the UN Decade program (see the four basic parts under "UN Decade Objectives" at page two of this Newsletter).

One noteworthy matter is that no State provided any input regarding the UN Decade objective of promoting methods for the peaceful settlement of disputes between States. Entries reported under this particular heading were limited to international organizations. The entries in this portion of the Newsletter have also been rearranged alphabetically for reader convenience:

States

• Cook Islands--while there was no society of International Law yet established there, the Government of the Cook Islands has followed with interest the developments relating to the Decade.
  
• Cyprus --reported that the management courses which its Police Academy had organized upon the promotion of members of the Police Force to the post of Inspector, Chief Inspector, Superintendent and Chief Superintendent, has for the last two years included lectures on the subject of human rights.
  

• Institute of International Law, United Nations International Drug Control Programme (UNDCP)--provided legal assistance to 27 African States, 17 States of Europe and the Near and Middle East, and nine States in the Asia-Pacific region (1994-1995). UNDCP is also collecting and publishing national drug control laws and regulations to ensure mutual disclosure among parties, and preparing an annual analytical index of that legislation to allow for the easy retrieval of the laws' contents. Tools prepared by UNDCP for the implementation of the conventions also included an annual directory listing national authorities competent to take action under specific articles of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. UNDCP is preparing a commentary to that Convention, in order to provide States with a uniform interpretation as well as with practical recommendations for implementing the Convention.
  
  
• International Committee of the Red Cross (ICRC)--its Review Conference of the 1980 UN Convention on Certain Conventional Weapons of September- October 1995 involved the participation of governmental experts. ICRC has submitted proposals on the regulation of the use of landmines, blinding laser weapons and other new weapons. This measure is particularly relevant since the first U.S. Bosnia-peacekeeping-casualty resulted from a landmine.
  
  The ICRC work of experts on the law of war at sea led to the 1994 adoption of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, and an Annex entitled "Explanation." The Manual could be viewed as a modern version of the "Oxford Manual on the Laws of Naval War" adopted by the Institute of International Law in 1913. In addition to State practice, the new Manual considers developments in modern technology and their effects in certain areas governed by International Law, such as the air, the sea and the environment.
  
  
• International Council of Environmental Law--in partnership with the Environmental Law Centre (IUCN), it maintained probably the world's most extensive collection of documents on environmental law and policy (international treaties, supranational instruments, national legislation, soft law, literature and documents of international organizations, especially the United Nations system). Material was collected from all countries, and in all languages, to provide as broad a coverage as possible. Bibliographic references to the documents were entered into the computerized Environmental Law Information System (ELIS) data bank.
  
  
• International Court of Arbitration of the International Chamber of Commerce (ICC)--observed that progress made in the world-wide acceptance of international arbitration was exemplified by the fact that parties involved in ICC arbitrations had originated from 100 countries last year.
  
  
• International Institute of Humanitarian Law--organized five military courses on the law of armed conflict for officers of national armed forces in 1995. It also organized two refugee law courses for government officials and NGOs.
  
  
• International Labour Organization (ILO)--indicated that it would publish (1995) a revised Manual of Procedures relating to International Labour Conventions and Recommendations. A new edition of the ILO computer-based system of ILO Conventions and Recommendations and recent practice of ILO supervisory bodies (ILOLEX) was issued earlier in the year, holding 56,000 full-text documents. A new edition of ILOLEX, including all general surveys on law and practice under selected ILO Conventions and Recommendations of the Committee of Experts on the Application of Conventions and Recommendations as from 1985, will be issued in 1996.
  
  The ILO also updated its compendium of International Labour Conventions and Recommendations, published August 1995, to be followed by updated editions in French and Spanish.
  
• Organization for Security and Cooperation in Europe (OSCE)--through its Office for Democratic Institutions and Human Rights, is pursuing an active policy of consolidating its norms and standards, monitoring of their implementation, and providing assistance to States in carrying out OSCE provisions. In order to further and strengthen their commitment to settle disputes exclusively by peaceful means, and in accordance with the Helsinki Decisions of 1992 to develop a comprehensive and coherent set of measures available within CSCE for the peaceful settlement of disputes, the OSCE Ministers have adopted measures to enhance the Valletta Mechanism through modification of the procedure for selecting a dispute settlement mechanism; adopted the text of a Convention on Conciliation and Arbitration providing for general conciliation and for arbitration on the basis of agreements ad hoc or, in advance, on the basis of reciprocal declarations, and declared it open for signature by interested participating States; and adopted a conciliation procedure as an option available to participating States on the basis of agreements ad hoc or, in advance, on the basis of reciprocal declarations; and decided that the Council or the Committee of Senior Officials of CSCE may direct any two participating States to seek conciliation to assist them in resolving a dispute that they have not been able to settle within a reasonable period of time. OSCE stated that the Code of Conduct on Politico-Military Aspects of Security (adopted at Budapest in December 1994) was an important milestone on the road leading to cooperative security. The Code underscores the determination of participating States to act in solidarity if OSCE norms and commitments were violated, and to facilitate concerted responses to security challenges they might face.
  
  
• Permanent Court of Arbitration (PCA)--its Financial Assistance Fund was established in October of 1994. Because of a generous initial contribution by the Government of the Netherlands, the Fund had already become operational. The PCOA Steering Committee has considered making recommendations in three specific areas: the development of rules of procedure for international commissions of inquiry; the inclusion of international organizations as parties having "standing" in PCA dispute settlement proceedings; the establishment of an express basis for conciliation.
  
  The Secretary-General of the Court emphasized that, by providing facilities and procedures for a broad range of methods of settling international disputes, the PCA could complement the role of the Interna- tional Court of Justice as the principal judicial organ of the UN, drawing attention to the recent establishment of the Financial Assistance Fund and to decentralization of the functioning of the ICJ.
  
  The International Bureau of the Permanent Court of Arbitration observed that a Steering Committee had been established to consider the possible revision of the 1907 Convention on the Pacific Settlement of International Disputes.
  
• United Nations Environment Programme (UNEP)--has continued wide dissemination of information on International Law in the field of the environment. The Council called on States that had not yet done so to sign, ratify or accede to environmental conventions and protocols to which they were eligible to become parties.
  
  The Governing Council noted with appreciation the quality and usefulness of the Register of International Treaties and Other Agreements in the Field of Environment and requested the Executive Director to continue regular publication of the Register. UNEP has been issuing and distributing the Register biennially since 1977. The 1993 version of the Register issued in the six official languages of the UN was sent to all Governments and relevant organizations. (The preparation of its 1995 version is underway.) UNEP continues (upon request) to provide developing countries with technical assistance for developing national environmental policy, legislation and institutions. Together with the Economic Commission for Africa (ECA), and the Organization of African Unity (OAU), UNEP convened an African subregional ministerial meeting of conventions at Nairobi in March 1995 in conjunction with the African Ministerial Conference on the Environment. There a number of recommendations were made relating to the implementation of interna- tional environmental agreements, including a coordinated strategy for strengthening Africa's preparedness for effective participation in environmental conventions, and strategic elements for enhancing national capacity for participating in such conventions.
  
  The Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (which was expected to be adopted at an intergovernmental conference in Washington in October 1995) is designed to provide norms, principles and procedures for Governments to protect the marine environment from land-based activities. After its adoption, that document can contribute to the effective implementation of relevant provisions of the 1982 United Nations Convention on the Law of the Sea and various regional maritime conventions and protocols.
  
  UNEP has provided officials from developing countries with legal training to enhance their capacities in dealing with international environmental law, including the implementation of the conventions and guidelines concluded under its auspices.
  
• United Nations Institute for Training and Research (UNITAR)--organized a workshop on international legal instruments for Geneva-based diplomats to provide them with additional knowledge of the techniques regarding the drafting and interpretation of international legal instruments.
  
  UNITAR observed that 158 persons from 67 countries had filed applications for the 1995 Hague Fellowship Programme organized under the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. A Joint Selection Committee under the chairmanship of the Legal Counsel of the United Nations had awarded 18 fellowships. (The training programme took place at The Hague, from 3 July to 11 August 1995.)
  
  UNITAR published the fifth, entirely revised, edition of Shabtai Rosenne's comprehensive study on the structure and functioning of the International Court of Justice, entitled "The World Court: What it is and How it Works." It will also be publishing the report on a research project conducted by the coordinator of the UNITAR/IPA Fellowship Programme in Peacemaking and Preventive Diplomacy on the topic "The United Nations as a Dispute Settlement System: Improving Mechanisms for the Prevention and Resolution of Conflicts."
  
• World Health Organization (WHO)--held an inter-regional meeting at New Delhi in March 1995 on prevention and control of a plague epidemic, where it considered the need to revise any of the provisions of the International Health Regulations. The forty-eighth World Health Assembly adopted resolution WHA48.7 of May 1995, entitled "Revision and updating of the International Health Regulations," urging member States to participate in the revision of the International Health Regulations, and requesting the WHO Director-General to take steps to prepare a revision of the Regulations for submission to the Assembly.