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UNITED NATIONS

Gened AssemblyFORTY-FOURTH SESSION

SmTH COMMITTEE13th meeting

hold 0x1Monday, 9 October 1989

at 10 cram,New York

SUr4MMY RECORD OF THE 13tL MEETING

ma M r , TUERI (Aurtria)

CONTENTS

AQENDA ITEM 1468 REPORT OF THE SPECIAL COMMITTEE ON THE CXARTER OF THE UNITEDNATIONS AND ON THE STRENGTHENINQ OF THE ROLE OF THE ORQANIZATION (CQUhU)

AGENDA ITEM 1411 PEACEFUL SETTLEMENT OF DIBPUTES BETWEEN 6TATE8 (SQdxAMd)

Thrr rccwd i# nuhpt to cotnction.

Distr. GENERALA/C,6/44/SR.1312 October 1989

89-56194 15226 (E)ORIGINALr ENGLISH

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AGENDA ITEM 146a REPORT OF THE SPECIAL COWITTEE ON THE CHARTER OF THE UNITEDNATIONS AND ON THE STRENQTHENINQ OF THE ROLE OF THE ORGANIZATION (m)(A/44/33, A / 4 4 / 4 0 9 a n d Corr.1 a n d 2, A/44/505, A / 4 4 / 6 0 2 )

AGENDA ITEM 141r PEACEFUL SSTTLEMRNT OF DISPUTES BETWEEN STATES (m)(A/44/460, A/C.6/44/L.l, A/44/409 and Corr.1 and 2, A/44/566, A/44/5%5* A/44/591,A/44/596 1

1. Mr, ZURITA (Veneauela) raid that his country adhered abrolutely to thepurpoves and principle6 of the United Nations, but realiard that new approacheswere required to deal with new problemr. I n t e r n a t i o n a l p e a c e a n d uecurity w e r ethreatened not 80 much by armed conflict a6 by hunger, poverty, drug8 and thedeyrr.dation of the environment. It we8 therefore time to review the mandate ofthere organ6 which, l ike the S p e c i a l Committee o n the Charter, were cal led upon tohelp strengthen the role of the United Nation6 in the maintenance of internationalpeace and recurity.

2, The Sixth Committee had been working for roveral year8 on the drafting ofnorm8 and the strengthening of the moohanirmr of the Organisation. The ManilaDeclaration on the Peaceful Settlement of International Dirrputer and theDeclaration on the Prevention and Removal of Disputes and Situations Which MayThroatan Interaational Poem and Sotiurity attorted to the offorts made by MemberStatrr in that regard,

3, The proposal contained i n document A/AC.l62/L,60 (A/44/33, pare, 20) we8worthy of rpecial attention. The Charter did indeed empower the Security Council,the General Assembly and the Secrotary-General to undertake fact-finding mirsionsin order to maintain international p e a c e and recurity. In tha view of hiadelegation, the aim now wan to inrtitutionalise a mechanism .?or exercising thatauthority. It wee important to bear in mind euch fundamental principle8 ae thefreedom of the partielr to choose the mean6 of rettlement and establish the natureof the fact8 to be determined. Hence, t h e greateat d i f f i c u l t y l a y i n r e c o n c i l i n gthose principles with the authority to send fact-f inding missiona.

4, Another constructive proposal in the effort to f ind formulas for thesettlement of disputes between State8 war to be found in the w o r k i n g paper on there8ort to a commfeaion of good offices, mediation or conciliation within the UnitedNations (A/44/33, pars. 123) . Good off ices , mediation and conci l iat ion fel l withinthe wide spectrum of procedure6 available for the settlement of internationalc o n f l i c t s . Again, i t was important that the p a r t i e s involved ahould be al lowed tochoose the method of settlement,

5, International peace and recurity could be guaranteed only through fullracognition of international law. Hia delegation therefore viewed withsatisfaction the work done by the Special Committee in drawing up a set of normswhich might contribute to the achievement of the universal objective of maintaining

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(Mr.1

international peace and security. The Qrnrral Assembly rhould declare R decade of&nterna+.ional law, a8 proposed in The Hague Declaration of the Meeting of theMiniaterr of Foreign Affairs of the Movement of Non-Aligned Countries to Dirrcusathe Iarue of Peace and the Rule of Law in International Affair8 (A/44/191).

6. (Sri Lanka) raid that the internstional community, weary ofwar, had turnad a new leaf, and there was e new and real expectation of mutualunderstanding, peace , coexistrnco and friendly interdependence in internationalaffeira. His own country was just emerging after five or 8J.x year8 of violentconflict which nad brought untold ruffering to itr people. I n tho8e yeatar apurely domratic dirpute had turned iato an international conflict and hadthreatened to engulf other countries in the region and endanger peace andsecur i ty . Fact-finding mi88ionr unable and, regrettably, rometimer even unwilling,to underrtand the historical, cultural, social and economic backdrop to theconf lie?,, had fuelled the fl8mer of conflict by their one-aided reporting,rometimer carried on the front prqer of *be international pre88. Hi8 country hadaeon the heidiour role played by propaganda, often rupported by highlysophisticated technology, in the making of conflict8 to 8erve aome interert orother, conditioning the world to a particular perception of the dispute. That hircountry was emerging from the nightmare with the fundamental8 of its democratictrad i t ions , socio-economic valuer, and cultural and national identity intact, wasperhapr the best tortimony of the commitment of it8 people to democracy, freedomand the peaceful rettlemsnt of disputer.

7. Hi8 delegation wondared whether there war not a rlight abrtractnerr in themanner in which the rubject of fact-finding wa8 being approached in the SpecialCommittee, which rhould, at it8 next 8088ion, examine the rubject againat thrbackdrop of the realities of armed conflict, We wirhod to offer 8ome euggertionrwhich might cbntributs to the discuasiona of the Special Comndttee and the ultimateoutcome of its work.

6, Firat, the extent to which that outcome evoked the confidence of all States -large and small , weak and powerful - would be fundamental to the SpecialComlnittee’s auccesar Equally important were the guarantees and safeguards thatwould be worked into the 8yrtem to eneuro complete and absolute impartialrty ando b j e c t i v i t y in fac t - f ind ing , leaving no room for the slightest trace of bier orimbalPrace,

9. Second, the scheme for fact-finding which the Special Committee wbs working onsought to deal with a wide variety of conflict rituations, from Irma11 bilateral orregional disputes to major armed conflagrationa, Thr Charter provided theauthority for the Security Council, the General Asrembly and the Secretary-Generalto init iate fact-finding operations. There seemed to be some nexus, in practice ifnot in theory, between the intoneity of the conflict and the organ most likely toconcern i t se l f w i th fac t - f ind ing operationa. Hi8 delegation would not like to seethe Special Committee extend the scope of the fact-finding power8 of the SecurityCouncil under Chapter VII of the Charter to other organ6 of the United Nation8 orjustify a scheme formulated for other organ8 on the grounds that it was permittedto the Security Council under that Chapter.

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10, Third, faot-finding mirsionr must do just that and nothing more, They mustf ind the faotr. His delegation, with the experience of the past few yeafa~ knewOnly too well how difficult that tark could be, Since foreign fact-findera broughtwith them standards of mearurement acquired in a totally different OnVirOnmOntrperhap one way of making some advance toward8 objectivity might be to includereprerentativer from the region directly affected or persona who had real, not justacademic and journalirtio, asrociationa with the area of conflict in thefact-finding mission. It might be ureful to COnUider including 8ome guideline8 onthe mattrr in the final documents of the Special Committee.

11. Fourth, fact-finding minsionr mu8t never be thrust on a State, a8 that wouldhave rerioua implications for the principle of rovereignty, In fact, even aneffort to do 80 would leave indelible stain8 of suspicion and sully the nobleeffort6 of the Special Committee,

13, The very act of rending’s fact-finding mirrion often, if not always,pre8uppored a certain lack of faith in the normal reporting mechanism of Staten.Hi8 delegation held the view that if a fact-finding initiative was to UUCCeOdr theUnited Nation8 must take the States concernad into its fullest confidence and actwith due regard for their rrnritivitirr, Hir delegation would therefore like tomake the fOllOWing 8ugge8tions to that end:

13, First, the Special Committee might wirh to bear in mind the need to couch theacheme for fact-finding in a language and tone that underscored the principle ofsovereignty of States and the principle of non-interference in the internal affairsof States, au ret forth in the Doalaration on Principle8 of International Lawconcerning Friendly Relationr and Co-operation among Staten in accordance with theCharter of the United NatfOnU.

14, tiecond, fact-finding misrrionr might be undertaken only after all pOSUibl0means of information-gathering had been exhaurted and the Secretary-General, inparticular, had fully uti l ised hi8 preventive diplomacy functiona, His delegationwould alro like to caution againrt too much reliance on the media in thepreliminary information-gathering prooemea.

15, Third, the composition of the fact-finding miraion muot be undertaken with thefull concurrence of the parties to the confl ict .

16, Fourth, once the concurrence of the States had been obtained, with regard bothto the composition of the miarion and to it8 mandate, the part i e s to the conf l i c tremained in duty bound to accord their f;llleat co-operation to the mission toexecute it8 mandate properly,

17, Fifth, the preliminary report of the fact-finding miaxion should be madeavailable to the parties to the conflict, and their obrervationa and commentsthereon should be annexed to the report before it was released to the public. Hisdelegation would even favour a 8yatem of croaa-referencea, through footnotes, toenable a reader to 800 a particular aspect of the report in i ts Widest poraiblepempective.

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(Hr. -aa S r i Un&&

18, In conc1u8ionr hi8 delegation wished once again to expre88 it8 admiration forthe Chairman and memberr of the Special Committee , who had worked with deepcommitment, to call upon the Special Committee to bring into eharper focu8 therealities of a conflict rituation and to urge it to proceed toward8 the elaborationof a acheme for fact-finding under the United Nation8 system that would be foundedfirmly on the twin principle8 of sovereign equality of States and non-interferencein the internal affair8 of States.

1 9 . Mr,SOKOLQVBKIY (Byelorussian S o v i e t Socinliet Republ ic ) Said that theconstructive and burinerslike atmosphere which had prevailed during the rersion ofthe Special Committee hnd been a reflection of the new processes taking place inthe world and in the United Nationr. The old atmorphore of confrontation haddisappeared and the Special Committee had rightly concentrated on developingeverything positive that had been achieved in recent years by the joint effort8 ofall its members. A8 a result, the Special Committee had made real progress inimplementing its mandate and strengthening its position.

20. Solving the problem of devising better fact-finding machinsry for iheinve8tigation of international d.isputer and conflict8 war closely linked with suchvital issues as the peaceful settlement of di8pUteU between States, eliminatingdangerous ’ otbeda of tenrion and regional conflict, and avoiding crisisrituationa, Timely, objective information and knowledge of the circum8tancer mightin future be a bar18 for the principal organ8 of the United Nationa, primarily theSecurity Council, to take effective decirionr. The two working papers conrideredby the Special Committee were a good foundation for the preparation of aninternational legal text that would reveal the importance of internationalinvertigation and fact-finding ar part of the UniteC1 Nations peece-keepingpotent ia l . The two working paper8 complemented one another and could quicklybecome component part8 of a single text.

21, Fact-finding had great political potential and could be the basis for creatingmore extetiaive machinery within the United Nation8 which would not be limited toinvrrtigat:ng and ertablishinq facto but would also make uaa of other components ofthe United Nation8 peace-keeping activitier .

22. The Specinl Committee’8 effort8 to implement the idess of ;he ManilaDeclaration had produced guiding principle8 for the reeot t to a commirrion of goodo f f i c e s , mediation or conciliation within the United Nations. Hi8 delegationadvocated the adoption of those guiding principles by cltnuenrur during the currentseerion of the General Assembly, It alrro considered that further consideration ofthe question of the psaceful settlement of international disputes 8hould remain oneof the Special Committee’s main concerna, together with conriderstion of thestrengthening of international peace and security. It would al80 be important tocomplete the Special Committee’s work on the draft hacdbock on the peacefulrettlement of disputes between States . Such a document would be a valuablepractical tool and provide States with guidance in the field of the peacefulsett lement of disputes.

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23. Prsceedinps in t h e S p e c i a l Committee h a d e v i d e n c e d g r o w i n g i n t e r e s t i nrationalising existing United Nations procedures. Proposals made during thediscussion of that topic had focused on finding ways of increasing thee f f e c t i v e n e s s o f t h e Qeneral A s s e m b l y . Although it had not been possible tocomplete consideration o f the topic , the discussion had shown that the SpecialCommittee had every possibility of preparing recommendations on the subject at itsnext session.

24, The non-confrontational period currently developing in international relationsonce more raised the question of the United Nations role in the modorn world.Processes were occurring within the Organisation th8t wc.&t strengthening itsauthority and influence and it was increasingly becoming a real centre for agreeingon practical act ion, The revival of the role of the United Nationa waa directlyconnected with the improvement in the international climate and the responsibilitybeing shown by increasing numbers o f States in their foreign pol icy. Hisdelegation considered that the international community’s principal current task wasto promote a transformation of international relations with the most activeparticipation of the United Nations. Steps to that end could include increasingits peace-keeping potential and concentrating ita activities in areas where generalagreement had already been achieved or was taking shape.

25. -sTARC (Yugoelavia) said that his delegation regarded the considerationof the question of fact-finding activities as a continuation of the discussions onthe Declaration on the Prevention and Removal of Disputes and Situations Which MayThreaten International Peace and Security and on the Role of the United Nations inthis Field, adopted unanimously at the forty-third session. In order to ensurethat United Nations fact-f inding activit ies would contribute to the rtrengtheningof i ts role in the maintenance o f international peace and security, the SpecialCommittee should focus primarily on ths prevention of disputes, even though therewas no doubt that fact-f inding act ivit ies could also be useful at various stages o fongoing confl icts .

26. Although the two working papers submitted on the question (A/AC.182/L.60 andL. 62) differed in their approach, his delegation considered them to becomplementary, not contradictory, They also contained many points of agreementwhich, in conjunction with a very constructive debate in the Special Committee,pointed to the existence of considerable readiness on the part of all groups ofcountries to work towards the elaboration of a document that would represent asubstantial contribution to the strengthening of the role o f the United Nations inthe maintenance of international peace and security.

27. The Special Committee should continue to concentrate in its future work on thequestion of the role of the United Nations in that area. In addit ion tof a c t - f i n d i n g a c t i v i t i e s , there were also other subjects that could be considered bythat Committee. One of them WAS the role of the United Nations in peace-keepingoperations. That ques t ion was , o f courser being considered in the SpecialCommittee on Peace-keeping Operations, but bearing in mind the fact that the

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(Mt.)

Special Committee on the Charter was dealing with questions related to themaintenance of international peactt and security, as wel l as the importance o fpeace-keeping operations in that area, the possibi l i ty should be left open for theSpecial Committee on the Charter to consider certain aspects of peace-keepingoperations,

28, The changed climate in international relations had also brought a greateremphasis on the role o f international law in those relat ions. Mention had beenmade o f a strengthened role for the International Court o f Justices in that regard,he wished to recall the Hague Declaration o f the Meeting o f the Ministers o fForeign Affairs of the Movement of Non-Aligned Countries to Discuss the Issue ofPeace and the Rule o f Law in International A f f a i r s of June 1989 (A/44/191), Inthat Declaration, the Ministers hcd called upon the United Nations General Assemblyto declare a decade of international law, beginning in 1990 and ending in 1999.The initiative from the Hague meeting on the proclamation of the decade had beensupported by the Ninth Conference of Reads of State or Government of Non-AliynedCountries, held in September 1989 in Belgradrr.

2 9 , H i s delegation had noted with interest the intention o f the Secretary-Generalto establish a trust fund based on voluntary contributions to assist developingStates in the settlement of their disputes through the International Court ofJustice by providing them with necessary legal expertise or funds that they mightlack. H i s delegation bel ieved that was a step in the right direction, togetherwith all other means of peaceful settlement of disputes that the Organization haddevised or would devise in future,

30, As to the item relating to the perceful settlement of disputes between States,his delegation was pleased to note that, after several years of deliberations, theSpecial Committee had succeeded in completing its work on the Romanian proposalc o n c e r n i n g t h e r e s o r t t o a c o m m i s s i o n o f g o o d o f f i c e s , m e d i a t i o n o r c o n c i l i a t i o nwithin the United Nations. His delegation agreed that the consideration of thatproposal had contributed to a better understanding of conciliation as a means forthe sett lement of disputes, and welcomed the recommendation of the SpecialCommittee that the proposal should be annexed to a decision to be adopted at thecurrent session.

31. His delegation also appreciated the work of the United Natiotbs Secretariat onthe elaboration of a draft handbook on the peaceful settlement of disputes betweenSta tes . The drafts of some of the sections indicated that the handbook would be avery useful instrument that would reflect experience and practice in theutilisation and improvement of mechanisms for the peaceful settlemant of disputes.

32. Lastly, his delegation believed that the Special Committee should continueconsidering the question of rationalisation of existing United Nations procedures,with a view to reaching an agreement on the relevant recommendations as soon asposs ib l e . The proposals submitted so far dealt with some important aspects of thefunctioning of the United Nations that had been considered by other United Nationsbodies as wel l . All the proposals should therefore be carefully examined, bearing

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(Mr. Starcevic, Yucroslavia)

in mind the need to ensure the continuous efficient functioning of the UnitedNations, in fulfilment of its objectives.

33. Mr. DEREYMAEKER (Belgium) said that the new atmosphere of trust that wasevident in international relations had been reflected in the adoption by theGeneral Assembly, without a vote, of the Declaration on the Prevention and Removalof Disputes and Situations Which May Threaten International Peace and Security andon the Role of the United Nations in this Field (General Assembly resolution43151). The delegations which had sponsored that Declaration, including his own,had considered it advisable to carry their efforts further by attempting to.draw upa general framework for United Nations fact-finding activities. His colleaguesfrom Italy and the Federal Republic of Germany had already commented on the generalphilosophy underlying the working paper contained in document A1AC.1821L.60. Heendorsed their comments, and merely wished to stress that the working paper wasbased on the premise that by providing accurate information on a delicate questionat an early stage, the reports of fact-finding missions should enable UnitedNations organs to take more effective decisions much more rapidly, before a problemreached a stage where it would be difficult to deal with. His delegation was verypleased that the working paper had been favourably received at the spring sessionof the Special Committee. He had noted, however, that some delegations hadexpressed certain concerns regarding the proposals contained in the working paper:he therefore wished to clarify the following points.

34. First, with regard to the subject-matter under discussion (ratione materiae),the document was concerned only with missions responsible for collecting facts. Inthat regard, document A1AC.1821L.60 seemed to be much more restrictive than theaforementioned Declaration annexed to resolution 43151, which covered allappropriate methods for the settlement of disputes, including consultation,conciliation and mediation. While the latter methods could include elements of apolitical or legal nature, that was not the case with fact-finding missions, whoseonly purpose was to throw as much light as possible on the reality of certain factsthat were being disputed. Hence, there could be no threat of interference in theinternal affairs of any State.

35. His delegation agreed with the delegation of Tunisia, which had questioned thetranslation of the English term "fact-finding mission'* as mission d'enuutte inFrench. In the view of his delegation, the French term mission d'gtablissement desfaits should be used, inasmuch as the word encu&e, which was used, for example, inArticles 33 and 34 of the Charter, had a meaning which was not necessarilyidentical with that intended in the working paper. The term ~ used in thosearticles corresponded to the English term "enquiry". Consequently, henceforth heintended to speak only of missions d'&ablissement des faits. That was thetranslation used by the Secretary-General in his report on fact-finding methodspresented to the twentieth and twenty-first sessions of the General Assembly(A/5694 and A/6228).

36. With regard to the time when fact-finding missions should be established(ratione temooris), the working paper allowed for the possibility of that beingdone at any stage in a dispute, not only during the period immediately preceding

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the outbreak of a conflict. Thur, ita temporal acope wa8 broader than that of theaforementioned Declaration. Clearly, a fact-finding miraion would be moreeffective if it was set up early in the chain of events leading to a conflict.

37. Third ly , &ne m, the aim of the six sponsors of the working paperhad been, above all, to strengthen the ability of the Organisation to obtainaccurate, complete and objective information, They had not been concerned with thequertion of whether a decirion to rend a fact-finding mirsion had been taken by theconlstjtent organ of the Organiration. The proporal was baaed on the aarwnption thatsuoh a decision would have been a valid one, whether taken by the Security Council,the General Asrrembly, or the Secretary-General. Hence, it could be maid thatcompliance with the rules of the Charter war taken for granted.

38. Although the proposal did not have any strictly legal implications, that warnot the caue with regard to the political arpectr of the issue, on which theaponeorr had mado rome suggrrtionr on matters of principle. I t wan in that sp i r i tthat they had put forth the view th&t the undertaking of a fact-finding mi8uionshould be entrusted, preferably, to the Secretary-General, and that he rhould beencouraged to undertake ruch miraions whenever it seemed likely that a dangeroussituation might arire.

39. No one wa8 thinking of quertioning the Charter, particularly Article 2,paragraph 7, but hir delegation could only conaider arbitrary refural by a State toadmit United Nation6 fact-finding mirrions aa not being in keeping with the tlpiritof international co-operation, There war alao the question whether ruch a refusalcould alwayr be conridered legitimate. A positive anawer to that quertion wouldgive hir delegation very mixed feelingr.

40. The proposals made by other delegation8 concerning fact-finding missionsahowed the intarert that exirted in the subject. He wau grateful to thedelegations of Czechoslovakia and the German Democratic Republic in particular fart h e i r efforta. Their approach had thrown a different light on the subject, butdifferences had appeared which might be leus easy to overcome than his delegationwould wish. However, if the Special Committee was able to continue its work in theoame e x c e l l e n t aVmosphere, he hoped that it would be able to finish it6consideration o f f a c t - f i n d i n g mirriona a t itr n e x t aeaaion. It would then be ableto submit a draft declaration on the subject to the General Assembly for adoption.

41. His delegation welcomed the propoaala made by the delegations of Prance andthe United Kingdom for rationalising United Natit%s procedure6 a8 useful andp o s i t i v e . It hoped that the Special Committee would be able to adopt a draft onthe subject at itrr next rression.

42. On the subject of the peaceful rettlement of disputer, hir delegationsupported the proposal in paragraph 123 of the Special Committee’s report(A/44/33). It alao considered that the pesaeful settlement of disputes no longermerited a separate agenda item, but should be incorporated in the item on themandate of the Special Committee. In conclusion, he wished to thank the LegalCounsel, the Codification Division and all those who had worked on the draft

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(or. Detevmaeker, Be&Gum)

handbook on the peaceful settlement of disputes between States. He looked forwardto seeing the results of that very useful project.

43. Mr, KOSKENNIEMI (Finland) said that the report of the Secretary-General borewitness to expanding reliance on the United Nations as an impartial third party inconflict situations and the Special Committee's work in both of the areas withinits mandate had been encouraging. His delegation was also pleased to note thestatement by the President of the International Court of Justice that, for thefirst time in its history, it could now consider contentious cases from everycontinent. Binding third-party settlement was clearly receiving support from anincreasing number of States.

44. Several States had withdrawn their re-,tr~jations concerning the jurisdiction ofthe International Court of Justice in disputes arising out of particular treaties.In addition, a proposal to enhance the jurisdiction of the Court was beingdiscussed by the permanent members of the Security Council. Finland welcomed thosedevelopments. Because it believed that tha sovereign equality of States could bestbe protected by general acceptance of compulsory and impartial third-party disputesettlement, it urged all States to make the declaration envisaged by Article 36,paragraph 2, of the Statute of the International Court of Justice.

45. On the subject of the peaceful settlement of disputes, his delegation endorsedboth the Special Committee's recommendation that a proposal on the resort to acommission of good offices, mediation or conciliation within the United Nationsshould be aMeXed to a decision of the Assembly at the current session and thestatement in paragraph 122 of the Special Committee's report. It also wished tothank the Legal Counsel and Secretariat for their work on the draft handbook on thepeaceful settlement of disputes between States, which could be helpful once therewas political will to avoid confrontation.

46. On the subject of maintaining international peace and security, positiveprogress had been made. The two working papers on enhancing the United Nationsfact-finding functions showed the willingness of members of the Special Committeeto make a constructive contribution, Those papers complemented one another and itwould not be difficult to convert them into a consolidated working paper duringfuture discussions. But in view of one issue which had arisen, he wished to statehis delegation's view that the kind of fact-finding activities envisaged in the twoworking papers should not be perceived as intervention by Uni'ied Nations organs inthe domestic jurisdiction of Member States. Such fact-finding missions actedwithin the clearly defined limits of the competence of the United Nations. Bothworking papers stated cleazly that the entry of a fact-finding mission into aState's territory required that State's consent. It was quite appropriate toappeal to States not to deny consent if competent. United Nations organs felt that afact-finding mission was necessary, but that.?: J not mean that a State was legallybound to comply. It was difficult to see why :"+ State should refuse its consent ifthe decision to dispatch such a mission was properly taken.

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(Mr.)

47. How soon it would be possible to start discussion on the future of the item onthe maintenance of international peace and security, once the Special Committee hadfinished its work on fact-finding, remained an open question. Rut it might then beuseful to exchange views on those functions of United Nations organs that bore aresemblance to fact-finding but went further towards more active involvement in thesearch for positive solutions.

48. Mr. ROSENSTOCK (United States of America) said that the two items before theCommittee were among the more important items on the General Assembly’s agenda andthe Special Committee was uniquely placed to become increasingly important inrevitalizing the United Nations. Unfortunately, the Special Committee had notreceived the recognition that it deserved. Interesting ideas had been presentedelsewhere that could well be considered by the Special Committee; there would thenbe less cause for concern that they might shift authority within the United Nationsand destabilise its constitutional structure rather than enhance the collectivesecurity regime of the Charter. There was no plausible reason why the so-calledconceptual aspects of some proposals should be addressed in the First Committee.

4 9 . The two proposals on fact-finding before the Committee revealed substantialareas of agreement that would not have seemed possible until recently. Someproblems still remained but none seemed insurmountable and the Special Committeeappeared to be on the verge of making another n&able contribution to preventivediplomacy.

5 0 . His delegation welcomed the suggestions that had been made about additionalareas for exploration in the context of preventive diplomacy. The SpecialCommittee was the most appropriate forum to examine such suggestions in a positivespirit. His delegation therefore hoped that the proponent of those ideas wouldplace them before the Committee and not suggest that they be further explored inthe context of the First Committee.

51. Another important area where the Special Committee could make significantcontributions was that of rationalizing the work of the United Nations. More workneeded to be undertaken in an open-minded spirit. One question to be approached insuch a spirit was that of consensus. It was unfortunate that some had respondedwith a reflex rejection to the Soviet suggestion to enhance the effectiveness ofUnited Nations actions by increasing the use of consensus. It would be tragic ifideas were rejected because of their origin. It was time to examine all ideas ontheir merit, although it would not be easy to break with the habits of the past.

52. His country had opposed introducing the unanimity rule into the GeneralAssembly all along, but was puzzled by objections raisod on the grounds that itviol..ced the principle of sovereign equality. Consensus building gave no more tothe large than to the small and the Committee's most significant products had forthe most part emerged from the consensus process* Working by consensus was not theenemy of results but lent weight to those results. The issue was whether aself-denying decision to work by consensus in as many areas as practicable did notserve the interests of all. In the case of the United Nations Conference on the

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Law of Troatioa botwoen Stator and International Orgaaioations, or b&wornfntornational Organioationa, a11 rubstantive aspects had been accepted by consensusafter hard bargaining and significant compromises by all concerned, That wasunique in the history of codification erercises and the consensus approach hadproved enormously useful.

53. &other issue which needed to be examined was the l fficienay of the UnitedNations systr!,n as a whole. His delegation believed that there was considerablewarts resul’,ing from duplication when issues became topical or States raised t h e i rconcsrns in every available forum. But his delegation was not sure that theSpecial Committee was the best place to pursue that conoern. However, the matterasedsd to be considered and the Special Committee was one forum that might usefullyhighlight the need and perhaps recommend the optimum forum to pursue it. As therepresentative of Canada had said, it was important to rationalise the operationsof United Nations functions and to set priorities.

54. On the question of the peaceful sett lement of disputes, his delegationwelcomed the more positive attitudes towards the International Court of Justiceannounced recently by some of those who had been most hesitant to agree with thsUnited States item on enhancing the effectiveness of the International Court ofJustice introduced in the 19708, Hi8 delegation believed that progress was beingmade in the discussions with the Soviet Union ooacerning the International Court ofJustice to which reference had already been made. Widening recognition of the roleof the Court and of third party dispute settlement in goner&l was a welcomedevelopment, The recommendation from the Special Committee concerning goodoffices, mediation and conciliation showed the increased willingness of States toreaogniae the role t h a t could be played by third parties in tasolvi~g problems.

55. The peaceful settlement of disputes was intimately connected with prsveativediplomacy. His delegation saw no justification for the continuation of a separateitem on the peaceful settlement of disputes, but. the Special Committee had tocontinue dealing with the issues, being singularly well placed to co-ordinateproposals relating to the settlement of dirputes and the role of international law.

56. K-8 delegation took a positive view both of the Soviet suggestion that theSpecial Committee should look into the important role that had to be played byinternational law and of various suggestions by non-aligned countries, includingone for a possible decade of international law. However, it would be necessary tohave much more detail about the content of such proposed endeavours beforeresponding to them, As the representative of the United Kingdom had raid, if thedecade was really to mean something and to produce significant results, it wabessential that there be general agreement smong States on both substance andprocedure.

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57. Mr. (Hungary) raid hie delegation had made wary effort to oneuro thatthe Special Committee achieved poeitive roeulte in the fulfilment of itr mandate.Ia ordor to inaroaee the l ffoativenome of its role in the maiatoaance of peeco andsecurity the United Nations muet have impartial and detailed knowledge of all thefaote oolevant to eituatione which might throaton intornatioaal peace. Hiudolegation ~hereforr supported the euggoetion that Statoe ehould not rofueo toadmit United Nations fact-finding mieeione into their territory, and that theyl hould co-@poreto with them in ovary way poeeiblo. Such co-operation would notundermine the aovoreignty of States and would not constitute intervention in theirdomoetic jurirdiction.

58. Both the working papers eubmitted on the rubject of fact-finding containedueeful elomrnte and they were complementary. They provided the Comitteo with auerful baeie for further discussion, from which, it was to bo hoped a eubetantivedoawnent would emorgo.

59, With regard to oration IV of the Special Committoo’s report, his delegationeherod the view that any rationalisation of existing Unitrd Nations procodureashould bo carried out in etrict compliance with the Charter and fully in keepingwith the intereete of Mombor Statue. It aleo hopod that the rovieed voreion of theworking p&per would servo as a baeir for reaching agreement at the next mession ofthe Spociel Committoo, and that work on the topic could be complotod at thateoeeion.

60. Hi8 dolegation war rtrongly in favour of any conetructive atop that mightcontribute to thr l trpngthoning both of the principle that dieputoe botweon State8muet br eettlod peacefully and of the methods available to States f o r thatpurport. Xie dologation eupportrd the efforte of the international community aimedat l nhanaing the l ffactivonerr of the International Court of Juetice a8 theprinciprl judicial organ of the United Natione. The Court had an important role toplay in the eettlomont of in ternat iona l d ieputee . Xi8 country was current lyooneidoring the prac t i cab i l i t y of withdrawing i t s reeervatione rrgarding thejurisdiction of the Court. His delegation welcomed the drafting by the Secretariatof the handbook on the peaceful eettlement of disputer between States, and hopedthat the Special Comnittee would be in a poeition to complete its consideration ofthe handbook in the near future.

61, With regard to the propoeal on raeort to a conunieeion of good offices,mediation or conciliation within the United Nationr, his delegation maintained i tsview that what was required was to utilise the many well--established existingprocoduroe f o r eottling i n t e r n a t i o n a l d i s p u t e r , einco the obrtacler t o poacofuls e t t l e m e n t o f dieputee w e r e c r e a t e d l a r g e l y b y l a c k o f t h e nocoeeary p o l i t i c a lwill * H o w e v e r , hie country accepted the compromiro reconunrndation reached in thespeciel Cormnittoe, according to which the Geuoral Assembly would bring the propoealto the attention of States by annexing it to a decision to be adopted et thecurrent mesaion, so that the SpecrZal Committee could concentrate on more ueoful andpromiring ideas and propoeele.

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62. Mr. MJ&$BE;E (Is lamic Republic of Iran) said that , in order to achieve thegoals embodied in the Charter of the United Nations , some significent priacipletshad been incorporated in that instrument in the hope that they would govern therelat ions between States . In particular, special mechanisms had bean formulated inthe Charter in order to preserve international peace and security. It wastherefore regrettable to note that, 45 years after the drafting of the Charter,wars of aggrossion and the illegal occupation of territory were continuing. Thegoals of the Charter ware thus still far from realisation, and its principles hadyet to be respected ful ly by al l States .

63. The mechanisms intended to preserve international peace and securityconstituted the raison d’atre of the Special Committee on the Charter, which hadprovided Member States with a useful opportunity to express their views in respectof the functioning, achievements and weaknesses of the Organisation, and to putforward valuable proposals regarding the improvement of its activities. It was tobe hoped that the Special Committee would continua its work constructively in themore favourable atmosphere created by the relaxation of tensions at both the globaland the rugional level .

64. At its most recent session, the Special Committee had successfully completedconsideration of the topic of resort to a commiusion of good offices, mediation orconciliation within the United Nations, and there was no doubt that the adoption bythe Sixth Committee, and finally by the General Assembly, of the proposal submJttedby Romania would be a further step towards the strengthening of the machinery forthe peaceful sett lement of disputes.

65. I t ahoule be stressed, howaver, that al l States in the international communitymust fulf i l their obligations under international law if wrinciplee of the Charterware to be upheld, In that connection, i t should be pointed out that it was themost powerful States which were most likely to violate the principles ofinternational law. It was to be hoped that in the coming decade the major Powers,with the assir:ance of the United Nations, would reassess their conduct ininternat iona l re la t ions , thus laying ache groundwork for the rule of law.

66. The two valuable working papers presented on the question of fact-finding bythe United Nations would make it possible f o r the Special Committce to hold aconstructive debate on that topic . His delegation shared the view of the Chairmanof the Special Committee that the two papers were complementary, and that theirsponsors should be encouraged to consult among themsalves in order to find commonground. The need to uti l ise fact-f inding missions in the f ie ld of peacefulsett lement of disputes had long bean recognised, and the subject had been discussedin the Sixth Committee as long ago as the 19608, In his delegation’s opinion, theterms “fact-finding” and “enquiry” were synonymous ant3 interchangeable. It shouldbe stressed that fact-finding was aimed at resolving disputes at an early stage andwas a preventive measure which fell within the scope of Chapter VI of the Charter,which dealt with the pacific settlement of disputes. Although the use of such amechanism would contribute considerably to the maii~tenance of international peaceand security, such activities should in no bay be linked to Chapter VII of the

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Charter, which dealt with aotion with respect to threats to the peace, breaches ofthe peacer and acts of aggreeeion. By giving a mandate to the Special Committee toelaborate an instrument on fact-finding by the United Nations, Member State8 hadexpre~aed their general willingners to co-operate with fact-f indiug missions, awillingnere which should be strengthened by every available means. At the sametime, the sovereign rights of receiving States muat be fully respected, and theirprior consent must be sought for any kind of fact-finding activity.

67. With regard to the rationaliestion of existing United Nation8 procedures, hisdelegation had rtated at previous reesionr that it was important for the smoothfunctioning of the Organisation to keep its procoduree under contjnuoue review,while benring in mind the rimed to refrain from placing any extra burdone on theOrganisation,

68. In conclusion, he expreueed his delegation~e appreciation to the Office of theLegal. Counsel for its tirrlese efforts in preparing a draft handbook on thepeaceful eottlrment of dirputee. Completion of that project would be a practicaland significant contribution to the strengthening of the principle of peacefulre%lement of d i s p u t e s .

69. plr. DELON (Prance) observed that at its most recont l eeeion the SpeaielCommittee had had before it two working papese dealing with the fact-findingact iv i t ies of the United Nations. Although the two paporr refloated t w o differentapproaches they were clearly complomrntary and should be given detailedconrideration. In that connection, i t would be useful t o review the opportunit iesprovided by the Charter, end in particulate i t s Ar t i c l e 34 .

70. His delegation noted with satisfaction the progress made in the preparation o fa draft handbook on the peaceful settlement of disputes and hoped that work on thehandbook c o u l d b e pursued at a more rapid pace.

71. The Special Committee had completed its consideration of the Romanian proposalconcerning a corwnission of good offices , mediation or conci l iat ion within theUnited Nations. It had decided to recommend that the General Assembly bring arevised proposal to the attention of States by annexing it to a decision to beadopted at the current session. His delegation supported the Special Committee’sopinion that States could consider the revired proposal as useful guidance.

72, Significant progress had been achieved with regard to the rationalisation ofprocedures. The Special Committee had had before it a revired working papersubmitted by France and the United Kingdom which contained wording already adoptedprovisionally and which reaffirmed a number of euggeetionr made during thed i scuss ions a t the for ty - th ird ses s ion of the G e n e r a l Assembly . After n f i r s treitding of the new paper, his delegation and that of the United Kingdom hadsubmitted a new version (A/AC.182/L.43/Rev.4) which took into account the commentsmae.e during that f irst reading, Accordingly, it had been possible to adopt some of

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(Mt.1

the paragraphs of the new text on a provisional basis. Other suggest ions had alsobeen submitted, in particular by the Soviet Union. The two delegations intended tosubmit a revised version cf the working paper at the next session of the SpecialCommittee. While some of the concerns expressed in the working papers might seemsomewhat pedestrisn, it was none the less evident that the rational orqaniaation ofthe work of the United Nations determined the effectiveness of its actions to aconsiderable extent. All efforts, however modest, which could be made to that enddeserved attention,

73. The year 1969 had confirmed the continuing vitality of the United Nations,which was on the way to achieving a major success in Namibia. There were new hopesfor peace in Central America, and the positive results of the action taken by theUnited Nation8 were evident in other regions of the world. All those developmentsconfirmed the relevance of the Charter, which had enabled the Organisation to adaptto an evolving world and play an increasing role in efforts to come to grips withmajor international issues.

74, His delegation was also pleased to note the revival of interest ininternational law. A number of speakers had stressed that international relationsmust be based on respect for law, and his delegation welcomed the proposal of thenon-aligned countries for a decade of international law. That was only one of anumber of! itlea which merited serious and careful consideration by the SpecialCommittee. His delegation would be happy to discuss with other delegations thechoice of topics to be consiUered.

75, Mr. HyAMDoo (Mongolia) said that new perspectives were opening up for theUnited Nations in its role as a peace-keeping organisation. TheSearotary-General’s report on the work of the Organisation indicated that newdemands were being made on its capacities in that regard, and that theinternational community had high expectations that the United Nations would availi tself of i ts exist ing procedures and machinery, end if necessary create newsafeguards, in order to prevent infringements of international law.

76. His country considered that the primacy of law in international relations wasthe decis ive factor in ensuring the col lect ive security of al l peoples . It notedwith interest the proposal of the delegation of the Maldives regsrUing the defenceand protection of small States. It fully agreed with the main thrust of theproposal, which was that the interests of small States, and their security inpart i cu lar , were best guaranteed by international law. It was also evident fromthe discussions at the current session of the General Assembly that States wereaccording increasing importance both to the role of international law and to theneed for its democratisation and humanisation. In that connection, his delegationsupported the proposal to proclaim the 1990s as the decade of international law,

77. His delegation also supported the proposals ma& by the Soviet Union indocument A/44/602 on the enhancement of the role of international law. Thoseproposals merited close scrutiny, and opened up new perspectives for the futurework of the Special Committee, In recent years the Special Committee had achieved

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(Mr.)

signifiasnt progresr in drafting international legal instrumsnts aimed atel iminating the use of force in international relations, One result of itroadesv*~Irs in that regard had been the adoption, without a vote, of the Declarationon thu Prevention and Removal of Disputes and Situations Which May ThroatrnInternational Peace snd Security and on the Role of the United Yations in thisField.

78. Hia de l ega t ion welcomso the successful conclusion of the discunnion of theRomsnian proposal regarding resort to A commission of good officer, mediation orconciliation within the United Nations. The reconunendatidno made would undoubtedlybr of great s8sistsnco in the effective uti l isat ion of the machinery for poscefulsettlement of disputes and conflicts , and his delegatio.ti hoped that a consensusdecision could be reached on the issus at the current session of the GeneralAsrembly.

79. At itr most recent session the Special Committee had considered the guestionof fac t - f ind ing missions. His delegation attached great importance to the draftingof an international document explaining the significance of such missions insett l ing disputes which might threaton international peace and security. Thediscussions in the Special Committee had boon conrtruutivo and businesr-like, andthe two working paper6 before it (A/AC,162/L.60 and L.62) would provide A soundbasis for further work on the question. His delegation shared the virw that caremust be taken in defining the objectives of such missions, which should not beconfined to an information-gathering function1 they shoulc! addit ional ly aim atseeking waye to prevent disputes and confl ict s i tuations, thus enhancing theeffectiveness of any action subsequently taken by the United Nations. Thel ffectivenesa of fact-finding missions was to a large dogreo dependent onco-operation from the receiving State, and on s tr i c t obsrrvance of the rQvereignrights of that State. At the same time, the receiving Stab must guarantao theunhindered functioning of the fact-finding missions, It was also important tostrengthen the role of the Secretary-General, as envisaged in the Charter, andparticularly in Articles 90 and 99, An important part in fact-finding could beplayed by the United !‘iations Information Centres and by advisory groupa which couldbe set up in order to study situations involving the seetlemsnt of disputes andcanflictr.

80. The United Nations, which had been active in trying to find solutions toconflicts in a number of regions, hsd accumulated substantial practical experiencein that regard. Hi8 delegation WAS giving consideration to the idea ofestablishing an advisory group on regional iaruee to assist the Secretary-Generalin matters relat ing to disputes and confl icts and their peaceful sett lement,

81. m. VAN DE V&Q,E (Netherlands) said that the fundsmental question in the fieldof fact-finding was how to make the United Nation8 more responsive to increasinglycomplex global problems and better able to face unknown challenges in futuredecades. Fact-f inding would be inettumentsl in order to gather essentialinformstion. Xn snticipating a cris is , the United Nations must be alert to alldevelopments and serve AS an intermediary for contacts between Governments. In

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order to carry out his responsibi l i t ies successful ly, the Secretary-General must besble to obtain all relevant information and indicate the most appropriate means ofpreventive diplomacy in situstions of tension or potential confl ict . Anappropriate procedure for impartial fact-finding would contribute substantially toimproving the maintenance of international peace end security.

82. With regard to the peaceful settlement of disputes between States, hisdelegation welcomed the successful completion of the consideration of the proposalon the resort to a commission of good offices, mediat ion or concil iat ion within theUnited Nations. He supported the recommendation by the Special Committee that theGeneral Assembly should bring the proposal to the attention of States by annexingit to a decis ion to be adopted at the current session. He noted with interest theSecretary-General’s progress report on the draft handbook on the peacefulsettlement of disputes between States (A/AC.182/L.61) and welcomed the renewedinteres t in in ternat iona l law as bas i s for se t t l ing d i sputes . It was encouragingto learn that the International Court of Justice was having one of the mostf r u i t f u l seesions i n i t s h i s t o r y . In that regard, he stressed that acceptance bymore States of the compulsor; jurisdiction of the Court WAS long overdue. Of the160 States parties to the Statute of the Court, only 48 had accepted its compulsoryj u r i s d i c t i o n . N e v e r t h e l e s s , the growing number of States which had accepted itsjurisdict ion represented a posit ive trend

83. In recent months there had been various initiatives aimed at the promotion ofinternational law. His Government was looking forward to a general considerationend further elaboration of the proposals put forward by the Soviet Union in thatr ega rd . It welcomed proposals to promote the use of pesceful methods for thesettlement of dispuxts between States, particularly through the compulsoryjurisdiction of the InternatiQnsl Court of Justice. In considering the newproposals, it should be asked whether it was feasible to improve the existingmechanisms for the settlement of conflicts. The ultimate question was whetherimproved mechanisms would bring about the desired results in view of the fact thatexisting procedures were not used to their full extent. Governmerlts too of tenpreferred to sett le confl icts by other means or not to sett le them at al l , ratherthen to submit disputes to adjudication and ultimate decision by a third party.New init iat ives required serious preparation and ref lect ion. It was premature todecide on important procedural and substantive initiativeu such as the convening ofa world conference and the adoption of new international instruments on thepeaceful settlement of disputes without substantive information on and discussionof such in i t ia t ives .

84. Mr. SEU (Cote d’Ivoire) s&d that the role played by the United Nations andthe Secretary-General WAS now openly considered by all to be valuable and indeedindispensible. The link between the peaceful settlement of disputes between Statesand the strengthening of the role of the Organization had rightly been stressed.In order to carry out i ts roltt fully, the United Nations should make its structuresand decision-making procedures more flexible. In that connection, he expressedsatisfaction that the working paper submitted by France and the United Kingdom onrstionsl ization of exist ing United Nations procedures (A/AC.182/L.43/Rev.3) had

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been favourably received by the member6 of the Special Committee. His delegationWAS in favour of rstionslizstion which increased the flexibility and t)ffectivenessof the Organiestion and shared the view that great care should be taken inestablishing subsidiary organs of the General Assembly. It should first of all bedetermined whether existing organs , once they were rstionsliaed, could carry outthe task6 in question before new ones were set up.

05. The peaceful settlement of disputes in the current international economic endpoliticsl situation was essential eince peace, however fragile it might be, WAS Aprerequisite for all harmonious development, His delegation noted withsatisfaction the completion by the Special Committee of its consideration of theproposal contained in the working paper submitted by Romania(A/AC.182/L,52/Rev.2). Although it was gratifying to note the increased confidenceplaced in the International Court of Justice , much rsmsineB to be done in order toinduce States to resort to legal mean6 in settling their disputes,

06. Information would play A fundamental role ;n promoting the peaceful settlementof disputes. For that reason, his delegation greatly appreciatei the work carriedout on the draft handbook on the peaceful settlement of disputes between Stntes. Asimple and concise handbook on that subject would be valuable for States andpromote international peace, He expressed satisfaction that the Secretary-Generalhad established A specisl voluntary trust fund to assist developing countries thatlacked the necessary means for recourse to the International Court of Justice.

07. The prevention of conflict6 between States was one of the function6 of theOrgsnizstion under the Charter in msintaining international peace and security.Accordingly, the United Nations must be given the neceseary means to obtsinreliable information on conflict situations in order to act effectively. Suchinformation would enable the Secretary-General to gain an in-depth understanding ofsuch situations in order to take the necessary decisions. Member States, for theirpert, should accept the obligation to receive fact-finding missions without anyinfringement of their sovereignty. The United Nstions should define clearly thenature of fact-finding mission6 60 that they did not perform the work of otherUnited Nations bodies or give rise to distrust among States.

88. L.am (Philippines) noted with gratification the new spirit ofco-operation being demonstrated by Member State6 in international relations.Developing countries had a vital stake in the 6ucce1ss of the United Nations as theguardian of peace and security. The Philippines had an abiding commitment to theOrgsnization’s principles end had 6teadfaetly advocated the strengthening of it6r o l e . Hi6 delegation ehsred the view that more systematic recommendations coveringall aspects of fact-finding in the maintenance of international peace and securitywere essential. He therefore commended the sponsors of the working paperscontained in documents A/AC,lf32/L.60 and L.62 for their’useful proposals. Thedifference between the two papers lay in the basic approach to the subject, ratherthan in a question of principle, The issue of the consent of a receiving State wasa sensitive matter for most delegations. Utmost care should be taken so as not toupset the balance between the sovereign rights of States, on the one hand, and

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(Mr. Garcia, Philivoines)

an obligation to receive fact-finding missions on the other. The need for strictadherence to the principle of non-interference in the domestic affairs of MemberStates was essential. It was hoped that the two papers could be combined into anappropriate instrument to be recommended to the General Assembly for adoption.

89. With regard to the rationalization of existing United Nations procedures, hisdelegation had reservations concerning the introduction of the notion of consensusin the adoption of resolutions and decisions by the General Assembly. While theuse of consensus was effective, its misuse could lead to serious drawbacks. Theproposal to rationalise the agenda of the General Assembly by grouping or merging,to the extent possible, related items was acceptable to his delegation. In thatcontext, the Philippines agreed that the President of the General Assembly shouldundertake consultations with interested delegations to achieve agreement in thatregard. Setting an interval of two or more years for the discussion of certainitems, however. would be too rigid. It would not be advisable to impose a specificminimum period after which items might be considered, particularly when it mightnot even be feasible to identify such items at the outset.

90. His delegation noted with satisfaction the completion of the consideration ofthe proposal on the resort to a commission of good offices, mediation orconciliation within the United Nations. The Philippines had consistently supportedthat proposal and commended the delegations concerned for the spirit ofco-operation which had led to general agreement.

91. Mr. NAGAI (Japan) said that the adoption of the Declaration on the Preventionand Removal of Disputes and Situations Which May Threaten International Peace andSecurity and on the Role of the United Nations in this Field marked a milestone inthe history of United Nations peace-making efforts, focusing on measures to preventconflict and enhance the role of the Organization in that regard. In order toensure the implementation of the declaration, it was urgently necessary tostrengthen the fact-finding capability of the United Nations, particularly that ofthe Secretary-General, since his office had the staff to collect the necessaryinformation and a wealth of experience Tn the use of investigative missions. Thatmight also avoid any temptation to establish new mechanisms entailing additionalbudgetary allocations.

92. His Government, which fully supported the Secretary-General's peace-makinginitiatives and was willing to extend as much financial support as possible toUnited Nations peace-keeping activities, attached importance to promoting the ?maintenance of international peace and security, the primary objective of theOrganization.

93. Working paper A/AC.lBZ/L.60, of which Japan was a sponsor, would serve as agood basis for further deliberations and drafting a resolution on strengthening thefact-finding capability of the United Nations. Although the paper focusedprimarily on strengthening the fact-finding capability of the Secretary-General, itdid not neglect the need to strengthen the fact-finding capabilities of theSecurity Council and the General Assembly or ignore the issue of the willingness of

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States to receive fact-finding mirrionr, Thr rlrmentr in working paporAIAC.182iL.62 pertaining to the rtrragthening of the fact-finding capability of theSocrrtary-Gonoral should be given careful coarideration.

94. The working papor on the resort to a commisrion of good officor, mediation orconciliation within thr Unitrd Nationr (A/Ac.l8Z/L,52/Rov,2) raquirod furthrrcoarideration in order to dotrrminr what practical rorultr could bo achiovod on thebaria of that paper, Furthermore, the urofulnorr of arbitration, judicialrsttlement and other mean8 of poacrfully rettling disputrr between State8 rhouldalao be taken into account, Lartly, Japan apprrciated very much the effort8 madein the work on the draft handbook on the pracrful rottloment of dirputor betwornState8 and hoped that that task would be completed rpaedily 80 that the handbookcould serve a6 a practical guide in rerolving dirputea.