
National & Organizational Responses:
The Inaugural Newsletter contained two key features: the full
United Nations Decade of International Law Program, and a summary
of the United States response to the U.N. Decade Program. This
second issue now summarizes the following documents:
- the Report of the U.N. Secretary-General on the U.N. Decade
(26 Aug. 1992) - U.N. Doc. A/47/384 - 92-38677 3404h(E)
& Addendum (23 Sept. 1992) - U.N. Doc. A/47/384/Add.1
- the National Reports of various nations on the U.N. Decade
Carolyn L. Wilson, Deputy Legal Advisor of the United States
Mission to the United Nations, provided the full reports
submitted to the U.N. (Future editions of this Newsletter will
summarize additional responses from other nations and
international organizations.)
There were numerous responses to the U.N. Decade program. The
responding nations (as of Sept. 23, 1992) include: Argentina,
Austria, Bolivia, Cuba, Iran, Japan, Mexico, Norway, Poland,
Netherlands, Romania, Spain (and the U.S., as profiled in the
previous edition of this Newsletter). More than one dozen U.N.
bodies responded. This program is not the exclusive reserve of
the various U.N. agencies, however. Other international
organizational responses were received from the Commission of the
European Communities, Asian-African Legal Consultative Committee,
Court of First Instance of the European Communities, Court of
Arbitration of the International Chamber of Commerce, Hague
Academy of International Law, International Committee of the Red
Cross, International Council of Environmental Law, International
Institute of Humanitarian Law, World Conservation Union, Inter-Parliamentary Union, and the World Federalist Movement.
The above responses are summarized in the U.N. Decade program
format. The Editor has selectively incorporated the following
items, which provide new insight into progressive developments
in the field of international law.
A. Promotion of acceptance and respect for international law
principles:
- Australia, Norway (on behalf of the Nordic nations), Spain,
and the Asian-African Consultative Committee stressed the need
for two continuing needs: national review of potential adherance
to more multilateral conventions and withdrawal of treaty
reservations.
- The Inter-parliamentary Union reported on the 1992 Santiago
conference regarding the resloution to develop measures to
prevent and to intervene against the crime of genocide.
- The United Nations Environment Programme (U.N.E.P.) reported
on its efforts to promote the addition of Parties to the Register
of International Treaties and Other Sgreements in the Field of
the Environment (containing the core of the 152 international
environmental treaties). U.N.E.P also provided technical
assistance, via national and regional workshops for developing
compliance with multilateral environmental treaties.
- Austria is preparing to accede to the Agreement for the
Establishment of the International Development Law Institute -
providing internships to students of the Institute from
developing nations.
- The Netherlands expressed the view that priority should be
given to implementation of international norms and instruments
already available - rather than to the establishment
of new mechanisms. One example is the importance of
strengthening the role of the Permanent Court of Arbitration.
Poland, on the other hand, expressed the view that the Special
Committee on the Charter of the United Nations and on
Strengthening the Role of the Organization should prepare a new
convention on the peaceful settlement of disputes.
B. Promoting peaceful settlement of disputes:
- Various organizations suggested (and invited other
organizations to undertake) further study of the establishment of
an international criminal court, to hear cases alleging
individual responsibility.
- The World Intellectual Property Organization is developing a
draft multilateral treaty for the settlement of relevant disputes
between nations.
- The EEC reported that it is actively involved in the
drafting of treaty language for the peaceful settlement of
disputes - within the context of the Conference on Security and
Co-operation in Europe.
- UNITAR and GATT have jointly conducted workshops on
procedures for settlement of commercial and environmental
disputes.
- Austria's report focused on its goal of increasing
acceptance of the supremacy of law in international relations;
recognition of a competent international body to deal with cases
States cannot agree on; and (with Mexico and other proponents)
permitting the UN Secretary-General to obtain advisory opinions
from the International Court of Justice (ICJ). Spain thus
believes that the ICJ should be a major forum for the activities
of the UN Decade.
- Norway has contributed to the Secretary-General's trust fund
to assist with the settlement of disputes in the ICJ.
C. Progressive development and codification of international
law:
- The ILO reported on the availability of its program of
codification of international labor law - including 172 relevant
conventions and 179 recommendations.
- The WHO reported on its work to implement norms establishing
the "right to health." This right would include the requirement
of technology transfer to assure its availability to all nations
and peoples.
- The IMO has established the "Guidelines for the Designation
of Special Areas and the Identification of Particularly Sensitive
Sea Areas." These are designed to identify and protect ocean
areas in need of special protection from marine pollution. It is
working on draft protocols to establish civil liability for the
carriage of hazardous substances by sea.
- Iran (and seperately, Mexico) proposed a week-long congress
on public international law, to be held during the next term of
the UN Decade. Representatives from all major legal systems, and
international organizations, would thus meet to promote
acceptance of and respect for international law and its
codification.
D. Encouraging teaching, study, and dissemination of
international law:
- Australia anticipates the publication of a national magazine,
dedicated to the UN Decade and related issues in international
law. Japan has published (and distibuted to the public) a
pamphlet entitled The United Nations and Japan.
- Mexico has encouraged that there be annual writing
competitions on subjects relating to the UN Decade; and, that
authors of recently published works give an informal presentation
of their books for intwerested members of the UN Sixth Committee
(during regular sessions of the General Assembly).
- UNITAR and the Office of Legal Affairs of the Secretariat
have jointly established an annual fellowship program at The
Hague. Public and private international law courses can thus
provide insight into the legal work of the UN system.
- The Commission of the European Communities has launched the
Jean Monnet project on European integration in university studies
(1990). A basic goal of this project is to make European
integration a standard component of the university curricula by
the year 2000. This project has led to the endowment of 135
educational chairs throughout the community. Interested
individuals should contact the European University Council for
the Jean Monnet Project.
- Bolivia, and the International Committee of the Red Cross,
will be hosting a seminar in July 1993, on the implementation of
international humanitarian law in the Republic of Bolivia.
- The ICAO will organize regional seminars (1993-1995) to
stimulate national ratification of instruments of international
air law.
- The decisions of the Court of First Instance of the European
Communities are now available on the electronic database CELEX.
- The UN Secretariat is working on the CD-ROM version of the
United Nations Treaty Series.
- The Netherlands is considering adoption of a required course
in public international law for all graduate-level law faculties.
Its government has co-financed an international space law
conference to be organized by several Dutch universities.
- The International Institute of Humanitarian Law now offers
conferences on the law of armed conflicts for officers of
national armed forces. These courses also deal with the role of
UN peacekeeping forces.
- Editor's note: there were no responses to the UN Decade's
question regarding the provision of adequate financing for
implementation of the UN Decade.
E. Procedures and Organizational Aspects of the UN Decade:
- Argentina and The Netherlands have established national
followup procedures to keep track of developments related to the
UN Decade.
Copyright 1997 American Society of International Law