unitex@rubbs.fidonet.org (unitex) (08/29/89)
responsibilities for such acts as an Authority member. It would also require
the Authority to carry liability insurance in the event of injury or damage to
individuals who were not Authority officials.
After several delegations questioned the need for the article's first
paragraph, the Chairman said in the past there had been cases where employees
of disbanded international organizations had sued the host country for
liabilities and damages. In some cases local courts, not apprised of
international law, had agreed to hear those suits.
The article was approved.
New Article on Security Measures
The representative of Jamaica proposed a new article which would allow
the Government of Jamaica after consulting with the Authority's
Secretary-General to take security measures to preserve its national
security. He said the provision was similar to those contained in
headquarters agreements between other international organizations and host
countries.
The Commission approved the provision.
Article 43 on Settlement of Disputes
Under article 43, the Authority would make provisions for the settlement
of disputes over contracts or those involving Authority personnel enjoying
immunity. Disputes over the headquarters agreements or supplementary
agreements concerning the relationship between the Authority and the
government of Jamaica which had not been settled by consultation or
negotiation would be referred to a panel of arbitrators to be appointed by the
Authority's.
The article was approved.
Articles 44 and 45 Relating to the General Convention
By articles 44 and 45, the Headquarters Agreement and the General
Convention would be considered complementary. In addition to privileges and
immunities contained in the Headquarters Agreement, the Authority would also
enjoy those privileges and immunities provided for in the General Convention.
Supplementary Agreements, Amendments and Termination
Under articles 46 and 47 and 48, approved by the Commission, the
Authority and Government of Jamaica could enter into supplementary agreements
considered necessary, consultations on amendments to the Headquarters
Agreement could begin at the request of either party and the agreement could
be terminated upon the partys' mutual consent.
Amendments Relating to the Enterprise
The Committee agreed to amend the name of article 17, "Legal personality
of the Enterprise, to "Legal status of the Enterprise". Other amendments to
that article would allow judicial actions to be brought against the Enterprise
in Jamaican courts and exempt the Enterprise from seizure, attachment or
execution of its assets in Jamaica before a final judgement against it.
It postponed consideration of an amendment concerning the Enterprise's
borrowing powers and the obligations of the host country to support the
Enterprise's loan applications. Another amendment which would allow the
Enterprise to waive immunities and privileges conferred upon it was approved.
The representative of Egypt said he knew of some regional bodies that had
rules to waive privileges and immunities.
The representative of Jamaica said waiver of immunities might arise in
circumstance when a quick, expeditious action was necessary.
* Origin: UNITEX --> Toward a United Species (1:107/501)
---
Patt Haring | UNITEX : United Nations
patth@sci.ccny.cuny.edu | Information
patth@ccnysci.BITNET | Transfer Exchange
-=- Every child smiles in the same language. -=-