unitex@rubbs.fidonet.org (unitex) (09/03/89)
consumers and potential sea-bed miners, was organized to assist the work of
the Special Commission. The second reading of the regulations would take
place on the basis of the revisions prepared by the Chairman in co-operation
with the Secretariat. The Special Commission has responsibility for drafting
the rules and regulations for production authorizations.
The Chairman said although progress had been made in his discussions with
Secretariat officials on the revision of the working paper on transfer of
technology, the revised document would not be out before the middle of 1990.
Special Commission 4 Report (Law of the Sea Tribunal)
The Chairman of the Special Commission on the International Tribunal for
the Law of the Sea, Special Commission 4, GUNTER GOERNER (German Democratic
Republic), said in his report that the Commission continued to examine the
draft Protocol on the Privileges and Immunities of the Tribunal and later
requested the Secretariat to produce a revised draft in the light of
suggestions presented. The Special Commission is to work on practical
arrangements for the establishment of the Tribunal, which would be based in
the Federal Republic of Germany.
The Commission also took up the question of relationship agreements
between the Tribunal and other international institutions -- such as the Unite
Nations, the International Court of Justice and the projected International
Sea-Bed Authority -- examining the principles that would govern them and
issues related to such agreements. On the basis of Secretariat working papers
(documents CRP.36 and WP.7), the Commission identified the main substance of
relationship agreements between the Tribunal and the three institutions. It
was agreed that the main issues for the accords should be indicative in nature
and that the possibility should be left open for additional subject matters to
be added.
At its next session, the Special Commission would commence consideration
of the institutional structure and initial staffing needs of the Tribunal,
taking into account provisions of the Convention and the structure of existing
international tribunals and courts and their experiences. It would also, in
that context, take up the initial and subsequent financial implications
arising from the envisaged institutional structure of the Tribunal. The
Secretariat had been requested to prepare a relevant working paper on the
subjects raised. The Commission would also continue the examination of the
"main content of draft agreements/arrangements to be concluded between the
Tribunal and the United Nations, the International Court of Justice and the
International Sea-Bed Authority and, if necessary, with other international
bodies having competence in the field of the law of the sea and relevant
affairs. The Secretariat had been requested to prepare a working paper which
would be the basis for a relationship agreement to be negotiated between the
Tribunal and the United Nations.
Plenary Report
The Chairman of the Preparatory Commission, JOSE LUIS JESUS (Cape Verde),
said the three matters before the plenary at the current session had been
consideration of the draft headquarters agreement between the Authority and
the Government of Jamaica; the Finance Committee; and the General Protocol and
Privileges and Immunities of the Authority.
On the headquarters agreement, great progress had been made, although
some issues remained open pending further consultations. On the Finance
Committee, the Chairman had undertaken informal consultations on problem
areas, which he would continue at the Commission's next session. On the
General Protocol on Privileges and Immunities, there had not been sufficient
time to discuss the matter, but it would be taken up at the next session.
Referring to resolution II of the Third United Nations Conference on the
Law of the Sea which deals with the obligations of pioneer investors, he said
a compromise had been reached on the mandate for the meeting of the Technical
Group of Experts which took place during the meeting of the Preparatory
Commission. The experts had prepared two reports, at the request of the
Preparatory Commission, to assist it in discussing the register of investors.
The General Committee of the Commission had considered those reports, and the
Chairman had undertaken consultations with the delegations involved to narrow
down identified differences. It was decided to review the paper circulated
last March in Kingston, as revised by the recommendations of the Group of
Experts, to help the delegations involved to come closer to an agreement.
Consultations on the matter would be resumed from the first day of the next
session.
On the long-term programme of work, he said that four items should be
dealt with during 1990, and that he would resume his consultations on certain
hard-core issues. In 1991, two issues would remain on the Commission's
agenda, and he would continue his consultations on hard-core issues, with a
view to concluding them by the target date. He intended to begin those
consultations at the next session, time permitting and under favourable
* Origin: UNITEX --> Toward a United Species (1:107/501)
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Patt Haring | UNITEX : United Nations
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