unitex@rubbs.fidonet.org (unitex) (08/24/89)
SECRETARY-GENERAL TO CREATE TRUST FUND TO ASSIST STATES
IN DISPUTE SETTLEMENT THROUGH WORLD COURT
The following statement was made today by Spokesman for Secretary-General
Javier Perez de Cuellar:
The Secretary-General intends to create a trust fund based on voluntary
contributions to assist States in the settlement of disputes through the
International Court of Justice (ICJ).
In taking this initiative, the Secretary-General is mindful of the fact
that settlement of disputes "by peaceful means, and in conformity with the
principle of justice and international law" is a basic purpose of the United
Nations and an essential tool for the maintenance of international peace and
security. The International Court of Justice is the principal judicial organ
of the United Nations. Its Judgements provide the most authoritative
pronouncement of international law from the highest judicial body. As
Article 36 (3) of the Charter provides, the Court is also the most suitable
organ for resolving legal disputes. It is, therefore, appropriate for the
Secretary-General to have a special responsibility to promote judicial
settlement through the Court.
Yet, legal disputes exist in various parts of the world over a wide
variety of issues. There might be cases where the parties concerned are
prepared to seek settlement of their disputes through the International Court
of Justice, but cannot proceed due to the lack of legal expertise or funds.
There may also be cases where the parties are willing but unable to implement
an ICJ Judgement due to lack of funds or expertise or both. The availability
of funds could thus serve a useful purpose.
There are also other cases where the high costs which may be incurred by
ICJ proceedings (e.g. fees for the counsel and experts and for preparing
memorials and counter-memorials) constitute a factor in a decision on whether
a dispute should be referred to ICJ. The availability of funds could
facilitate a decision in favour of judicial settlement.
The United Nations has extensive experience in providing assistance to
countries for their industrial and economic development. This experience
could be utilized to assist States in obtaining the necessary legal expertise
to facilitate settlement of disputes.
The purpose of a trust fund will be to provide financial assistance to
States for expenses incurred in connection with (i) a dispute submitted to the
International Court of Justice by way of a "special agreement", or (ii) the
execution of a Judgement of the Court resulting from such special agreement.
Such expenses may include counsel fees, costs of translation and
interpretation, expenses for producing such technical materials as
cartographic and map evidence, and costs relating to the execution of an
ICJ Judgement (e.g. demarcation of boundaries).
For each request of financial assistance the Secretary-General intends to
establish a panel of experts, composed of three persons of the highest
judicial and moral standing, to assist him in examining an application and in
determining the amount of financial assistance to be given and the types of
fundable expenses for which the assistance may be used.
States, intergovernmental organizations, national institutions,
non-governmental organizations, as well as natural and juridical persons will
be invited to make voluntary financial contributions to the Fund.
The Secretary-General will make a formal announcement on the creation of
the trust fund during the forthcoming General Assembly in September. A
document setting out guidelines and rules for the administration and operation
of the Trust Fund will also be published at that time.
* Origin: UNITEX --> Toward a United Species (1:107/501)
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Patt Haring | UNITEX : United Nations
patth@sci.ccny.cuny.edu | Information
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