unitex@rubbs.fidonet.org (unitex) (08/24/89)
categorical.
The representative of the Soviet Union said the categories of officials
meant should be explained, and that more time was required for further
consideration of the proposal. Note should also be taken of a relevant
provision in the draft Headquarters Agreement.
The Chairman, GUNTER GOERNER (German Democratic Republic), said there was
need for another provision to cover public order and national security issues,
noting that there were similar provisions in other agreements involving
international bodies. There were feelings that Article 16 might not be
adequate. He said the Secretariat should come up with a provision covering
the safeguarding of national security.
The representative of the United Kingdom said there were precedents of
States taking advantage of a host country to engage in activities contrary to
national security.
Federal Republic of Germany Amendments
The representative of the Federal Republic of Germany said she shared the
view that members of the Tribunal should enjoy the same privileges and
immunities as heads of diplomatic missions.
The representative of Switzerland said immunities were not absolute and
that they could be waived in certain circumstances.
The representative of Byelorussia recalled that many delegations at the
spring session in Jamaica had indicated that members of the Tribunal should
not have an inferior status to that of members of the International Court of
Justice.
The representative of Egypt said abuses of immunities should be decided
by a majority decision of the Tribunal.
The representative of Brazil said the Tribunal would be an independent
entity with its members being persons of high integrity. The original Article
was clear in stating that the members should enjoy privileges and immunities
in performance of their duty. Members of other international bodies with the
exception of the International Court of Justice could not be placed on an
equal footing with those on the proposed Tribunal.
The Chairman asked the Secretariat to look into the amendments as several
delegations seemed to have problems with the formulation of the Federal
Republic of Germany.
Belgiam Amendments
The representative of Belgium, introducing his delegation's amendments,
said they were an addition to Article 17 dealing with settlement of disputes.
The amendments sought to provide the appropriate means, such as civil
procedures, of doing so.
The Tribunal would enjoy immunity unless it renounced it. It should be
allowed to be master of its own procedures. Laws dealing with traffic
offences should be respected.
The Egyptian representative said immunity covering commercial activities
could not be waived. The Tribunal would be using a limited number of vehicles
in any case.
The representative of Japan sought clarifications on whether traffic
infractions referred to administrative or criminal ones.
The representative of Belgium, responding to comments by a number of
delegations, said the Commission should make sure that an insurance company
would not invoke immunity when sued by a victim of an accident involving a
vehicle belonging to the Tribunal. It would be hard for his delegation to
disregard its definition of commercial activity and referred to one by the
International Law Commission.
The Chairman said the Commission could go along with the first three
paragraphs of the Belgian text but that some delegations had problems with
paragraph 4, which limits immunity to be enjoyed by the Tribunal in traffic
accidents. He suggested use of Article l8 of the International Law Commission
Protocol on diplomatic couriers. He said it would perhaps be easier for the
Secretariat to find appropriate language for the paragraphs delegations were
unhappy about.
* Origin: UNITEX --> Toward a United Species (1:107/501)
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