unitex@rubbs.fidonet.org (unitex) (08/24/89)
SPECIAL COMMISSION ON SEA-LAW TRIBUNAL CONTINUES EXAMINATION OF DRAFT
PROTOCOL ON PRIVILEGES AND IMMUNITIES OF FUTURE TRIBUNAL
The Special Commission on the International Tribunal for the
Law of the Sea yesterday continued its examination of a draft protocol on
privileges and immunities of the future Tribunal on the Law of the Sea and its
members, dealing in particular with restrictions by a national Government. In
that connection it considered amendments submitted by France, the Federal
Republic of Germany and Belgium.
The Commission, also known as Special Commission 4, is charged with
preparing recommendations on practical arrangements for the establishment of
the Tribunal.
The French draft amendments to Article 16, on "Restrictions by a national
Government", provide that Governments should grant their nationals serving on
the Tribunal the same facilities enjoyed by senior officials with regard to
customs or exchange control when they are travelling. Other Governments
would also be required to accord members of the Tribunal the same facilities
granted representatives of foreign Governments on temporary official duty. A
new paragraph proposed by the French delegation would grant Governments of
States parties the right to take measures for their security and the
maintenance of public order.
The Federal Republic of Germany amendments on abuses of privileges and
immunities would grant an aggrieved State party the right to withhold
privileges or immunities. Another provision would empower a host country to
expel a Tribunal official found to have been involved in activities
incompatible with his or her official function. Representatives of State
parties with diplomatic immunity would be treated as diplomats.
The Belgian proposals on property, funds and assets would immunize the
Tribunal from legal process and execution in connection with its official
activities, except in cases where such immunity was waived. The property and
assets of the Tribunal would be immune from search, requisition, confiscation,
expropriation or any other form of interference, whether by administrative or
judicial action. The premises of the Tribunal would be considered
inviolable. The amendments also provide that the Tribunal would not be immune
from civil action instituted by a third party for damages or injury occurring
in an accident caused by a motor vehicle or other means of transport belonging
to the Tribunal or driven on its behalf, or in the event of an infraction of
the motor vehicle traffic regulations involving a vehicle of the Tribunal.
When it meets again at l0 a.m. on Monday, 21 August, the Commission will
begin discussion of proposals submitted by the Federal Republic of Germany,
Switzerland and Ukraine, as well as the Tribunal's relationship agreements.
French Amendments
Introducing the draft amendments, the representative of France said
Article 16 provided unlimited privileges which could be abused. Persons
accused of crime could flee. His delegation sought to introduce a provision
which would cover public order and national security, and such a notion was
usual with international treaties. He cited the agreement between the
International Atomic Energy Agency (IAEA) and the Government of Austria. He
also said that recently there had been a rise in the trend towards
incorporating such provisions in international law, and he referred to
Article 4 of the European Agreements regarding people participating in debates
at meetings of the European Commission on Human Rights.
The representative of the Federal Republic of Germany said there were
indeed many precedents and her delegation supported the proposal.
The representative of Brazil said the French proposal was a useful
contribution which could improve the original draft, but it was too
* Origin: UNITEX --> Toward a United Species (1:107/501)
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Patt Haring | UNITEX : United Nations
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