unitex@rubbs.fidonet.org (unitex) (08/29/89)
Commission was in a position to make recommendations, which could be taken
into account by the Assembly at its first session.
The representative of Cameroon said that a distinction should be made
between the regular contributions to the Authority and the contributions that
were to be made towards the first mine site. The Enterprise represented an
investment, and the rules governing the obligations of States parties should
reflect that. He felt, however, that the proposal to replace decision by
consensus with decision by majority vote might evoke some opposition. The
Commission should take more time to consider the crucial issue raised in
paragraph 3.
The CHAIRMAN said that the regular contribution by States parties to the
Assembly of the Authority had to be distinguished from their contribution to
projects, such as the Enterprise. Penalties similar to those outlined in the
United Nations Charter could be promulgated for default on contributions to
the Assembly. However, he did not see any provision for such penalties in the
article.
The Preparatory Commission had a role to play in making recommendations
on such matters, but he cautioned against endless postponement. There were
some issues on which definitive recommendations could not be made, but eight
to 10 years was too long a time for completion of the work entrusted to the
Commission.
Regarding paragraph 4 of Article 28, which refers to the deposit by
States parties of promissory notes within 60 days of the entry into force of
the Enterprise, the representative of Pakistan said the 60-day period was too
short. It should be revised to give more time to States parties and to the
Authority. However, since the time span had been taken from the Convention,
perhaps there could be a liberal interpretation of the time.
The CHAIRMAN said there could be an annotation that would allow for such
a liberal interpretation.
The representative of India said giving a promissory note within 60 days
was a minor problem. The real question was what was to be done with the debt
guarantees. The annotation should say that all relevant provisions must be
invoked to meet the actual requirements of the Enterprise. At the time when
the Convention came into force, there would be more information concerning the
amount of funds available. The procedure spelled out in the paragraph was
hypothetical. The only stipulation needed was that all things should be
looked at in the future, taking into account the actual needs of the
Enterprise.
The CHAIRMAN said the annotation should then state that the matter should
be looked at realistically when the time came. Still, some States who wished
to follow the letter of the law, would feel obliged to send their promissory
notes at the agreed time.
The representative of Pakistan said a linkage had to be established
between the States' contribution and the coming into force of the Enterprise
in order for that organ to use those funds. The Fund was not only for the
mine site but to meet the expenses of the Authority. A solution could be to
divide the money into a small portion to pay for the Authority itself and the
larger portion to be reserved until the Authority asked for the Enterprise
Fund. Another alternative would be to request that all of the Law of the Sea
expenses be paid for out of United Nations funds until the Authority was ready
to collect or generate funds from its own sources.
The representative of India said there could be a separate assessment
through which the States parties would be asked to provide the initial funds
within a stipulated period of time. The annotation for paragraph 4 could
state that the Commission was not in a position to estimate the amount of
funds required.
He went on to say that the number of contributors, who they were and how
much they would contribute, should be stated. The money from the States
parties should be in realistic amounts in order to meet the real needs of the
Enterprise, including those for detailed exploration and feasibility studies.
The details of when it should be deposited could be established later.
The representative of Cameroon said all the positions taken here were
based on projections. In earlier times the view had been that everything
would be ready by the time the Convention entered into force. If the
Commission were to give some leverage to the States in its annotation, the
reason for doing so must be stated. Recommendations must be made on the
assumption that all the main elements would be in place.
* 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. -=-