PROCEDURE AT INTERNATIONAL CONFERENCESassets.cambridge.org/97805218/37125/frontmatter/9780521837125… · PROCEDURE AT INTERNATIONAL CONFERENCES This new edition is a comprehensive

PROCEDURE AT INTERNATIONAL

CONFERENCES

This new edition is a comprehensive manual of the rules of procedurefor the conduct of business at the UN General Assembly, at internationalconferences and at assemblies of inter-governmental organisations suchas the IAEA, ICAO, ILO, IMO and WHO. It examines the legal basis ofthese rules, the history of their development and the attempts at theircodification. At the heart of the book is an examination of the practicalapplications of rules of procedure. Sabel also considers whether certainprocedural rules and applications have become so well established that theyhave now attained the status of customary international law. The book is ofinterest to those involved in international law, international relations andinternational organisations. It also serves as an indispensable practicalmanual for delegates to the UN General Assembly and to internationalinter-governmental conferences. Procedural rulings, updated to February2005, are quoted from the records of UN General Assembly meetings,from assemblies of international organisations and from treaty-makingconferences. In its first edition, this book was awarded a 1998 AmericanSociety of International Law ‘Special Award’.

robbie sabel is the former Legal Adviser and Deputy DirectorGeneral of the Israel Ministry of Foreign Affairs. He is a Visiting Professorof International Law at the Hebrew University Jerusalem and at Tel-AvivUniversity.

© Cambridge University Press www.cambridge.org

Cambridge University Press052183712X - Procedure at International Conferences: A Study of the Rules of Procedure atthe UN and at Inter-governmental Conferences, Second EditionRobbie SabelFrontmatterMore information

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PROCEDURE AT

INTERNATIONAL

CONFERENCES

A study of the rules of procedure at the UN andat inter-governmental conferences

Second edition

ROBBIE SABEL






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Library of Congress Cataloguing in Publication dataSabel, Robbie.

Procedure at international conferences: a study of the rules ofprocedure of international inter-governmental conferences /

Robbie Sabel – 2nd ed.p. cm.

Includes bibliographical references.ISBN-13: 978-0-521-83712-5 hardback

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CONTENTS

Preface to the second edition page xxiList of abbreviations and conference references xxii

Introduction 1

1 Historical development of rules of procedure of conferencesand attempts to establish model rules 71.1 Development of conference rules of procedure 7

1.2 Proposals for drafting model codes of conference rules

of procedure 12

1.2.1 League of Nations codification 12

1.2.2 UN codification 15

2 Adoption of rules of procedure 192.1 The adoption of conference rules of procedure 19

2.2 The independence of an international conference 19

2.3 Independent right of conferences to adopt their own rules

of procedure 22

2.4 The majority required to approve rules of procedure 26

3 Rules of procedure and international law 313.1 The obligation of States attending a conference to comply with the

rules of procedure of that conference 31

3.1.1 Obligation of States to comply with the rules of procedure of an

assembly of an international organisation 31

3.1.2 Obligation of States at an international conference to comply

with the rules of procedure adopted at the conference 32

3.2 Are procedural precedents binding? 42

3.3 Disclaimers as to setting a precedent 48

v






vi contents

4 Invitations, participation and credentials 514.1 Invitation and participation 51

4.1.1 Who issues the invitations? 51

4.1.2 Participation of States 51

4.1.3 Participation of non-State entities 53

4.2 Credentials 58

4.2.1 Submission of credentials 59

4.2.2 Invalid credentials 60

4.2.3 Credentials committee 64

4.2.4 Which body should decide disputes as to credentials? 65

4.2.5 Provisional admission 66

4.2.6 Credentials of observer organisations 67

5 Presiding officer and other officers of the conference 685.1 Presiding officer 68

5.1.1 Appointment of presiding officer 68

5.1.2 The obligation of impartiality of the presiding

officer 72

5.1.3 Functions of the presiding officer 73

5.1.4 Right of presiding officer to change his decisions 93

5.2 Rapporteur 93

5.3 Secretariat 94

5.4 Vice-presidents of a conference or assembly 95

6 Meetings 966.1 Quorum 96

6.1.1 Quorum for a motion to adjourn a meeting 101

6.1.2 Is it sufficient that there be a quorum at the opening

of a meeting? 101

6.1.3 Calculating a quorum 101

6.1.4 Voting again in the absence of a quorum 102

6.2 Suspension or adjournment of meetings 103

6.2.1 Suspension or adjournment of a meeting ‘during the discussion

of any matter’ 104

6.2.2 Time limit for speaker moving suspension

or adjournment 104

6.3 Adjournment of a meeting 105

6.3.1 When can a motion for adjournment be proposed? 105

6.3.2 Adjournment of a meeting to a particular date 105

6.3.3 Adjournment of a meeting ‘during the discussion of

any matter’ 106






contents vii

6.3.4 Interrupting a speaker to move adjournment

of a meeting 106

6.3.5 A representative who had requested the floor prior to the

motion for adjournment of the meeting 107

6.4 Suspension of a meeting 107

6.4.1 Suspension or adjournment of a meeting

during voting 108

6.5 Closed meetings 109

7 Statements by delegations 1107.1 The right of representatives to speak 110

7.1.1 Limiting the number of times a representative

may speak 111

7.1.2 Length of statements 113

7.1.3 Limiting the number of speakers 114

7.1.4 Statements by observers 115

7.1.5 List of speakers 115

7.1.6 Closing the list of speakers 117

7.2 Right of reply 120

7.2.1 Discretion of president to grant right of reply 121

7.2.2 Right of reply and closure of debate 123

7.2.3 At what stage of a debate can the right of reply

be exercised? 123

7.2.4 Right of reply by observers 125

7.2.5 Right of reply to statements made by heads of State and

non-delegates 126

7.2.6 Relevance of right of reply 127

7.2.7 Time limit on right of reply 127

7.2.8 Under what circumstances does a right of reply arise? 128

7.2.9 Limit on number of interventions in exercise

of right of reply 130

7.2.10 Right of reply to explanation of vote 131

7.2.11 Right of reply to a statement made in right of reply 131

7.2.12 Closure of debate on right of reply 131

7.3 Explanation of vote 132

7.3.1 Discretion of president to allow explanation of vote 133

7.3.2 Explanation of vote on procedural motions 134

7.3.3 Explanation of vote on motions to adjourn the debate or close

the debate 134

7.3.4 Explanation of vote on motions to adjourn or suspend a

meeting 135

7.3.5 Length of explanations of vote 135






viii contents

7.3.6 Explanation of vote by proposer 136

7.3.7 Discretion of conference or assembly to allow proposer

to explain a vote 137

7.3.8 Explanation of vote by proposer voting against the resolution

or withdrawing sponsorship 138

7.3.9 Explanation of vote on a resolution proposed

by a committee 138

7.3.10 Explanation of vote by co-sponsor 138

7.3.11 Explanation of vote on a consensus 139

7.3.12 Explanation of vote on a secret ballot 139

7.3.13 Explanation of vote on non-participation in voting 139

7.3.14 Explanation of vote should not include comments on other

delegations 140

7.3.15 Explanation of vote on voting taken paragraph

by paragraph 140

7.3.16 Explanation of vote by a representative of an

inter-governmental organisation 140

7.3.17 When to explain a vote? 140

7.3.18 Explanation of vote after the list of speakers

has been closed 141

7.4 Offensive or irrelevant statements 141

7.5 Clarity of speech 143

7.6 Personal attacks 143

7.7 Speaking to substance on procedural motions 143

8 Submission of proposals 1458.1 The difference between proposals and motions 145

8.2 Order of discussion of proposals 146

8.3 Sponsors 146

8.3.1 Limitation on number of sponsors 146

8.3.2 Agreement to join list of sponsors 147

8.3.3 Withdrawal of sponsorship 148

8.3.4 Seconding of motions 149

8.4 Notice of proposals 150

8.4.1 Notice of submission of written proposals 150

8.4.2 Notice of procedural motions 151

8.4.3 Notice of substantive proposals 153

8.4.4 Discretion of presiding officer to allow discussion of

amendments submitted without due notice 154

8.4.5 Discretion of presiding officer to allow voting on amendments

submitted without due notice 154

8.4.6 Substantive proposals submitted without due notice 155






contents ix

8.4.7 Practice in international conferences regarding discussion and

voting on substantive proposals and amendments submitted

without due notice 156

8.4.8 Practice in UN bodies regarding dispensing with the

need for due notice of submission of substantive

amendments 161

8.4.9 Summary as to requirement that motions be in writing and

due notice be given of their submission 163

8.4.10 Procedural motions to enforce the rule on due notice 164

8.5 Time limits for submission of amendments and proposals 164

8.6 Time limit for submission of sub-amendments 165

8.7 Revision of proposals by the sponsors 165

8.8 Submission of proposals by the secretariat? 166

8.9 Submission of proposals by observers 166

8.10 Decisions on competence of a conference to deal with

an issue 168

8.10.1 Can legal counsel give an opinion on competence? 170

8.10.2 Voting procedure on a question of competence 171

8.10.3 A vote on competence regarding part of a proposal 171

8.10.4 Priority as between a motion on competence and a motion for

inclusion in the agenda 172

8.10.5 Debating a motion on competence in the UN General

Assembly 172

8.10.6 Competence of conferences to discuss an issue as opposed to

competence to vote on an issue 173

8.11 Basic texts 175

9 Adjournment and closure of debate 1779.1 Adjournment of debate 177

9.1.1 Effect of adjourning the debate 177

9.1.2 A motion not to take a vote on a proposal as a motion for

adjournment of debate 179

9.1.3 Difference between a motion not to vote and a motion to

adjourn the debate 180

9.1.4 A motion to ‘refrain from making a decision’ as a motion for


9.1.5 A motion for ‘postponement of consideration’ as a motion for


9.1.6 Is a motion for postponement synonymous with a motion for

adjournment of debate? 181

9.1.7 A motion to adjourn a vote as a motion for adjournment

of debate 182






x contents

9.1.8 A motion for referral as a motion for adjournment

of debate 182

9.1.9 A motion to adjourn the debate after the debate is completed

and before voting 182

9.1.10 A motion to adjourn the debate on a resolution until

completion of discussion on another resolution 183

9.1.11 A motion to adjourn the debate on a procedural

motion 183

9.1.12 A single motion to adjourn the debate on two separate

resolutions 184

9.1.13 What is ‘an item under discussion’ for purposes of

adjournment of debate? 184

9.1.14 Adjournment of debate on specific proposals or

amendments 185

9.1.15 Limits on number of speakers on a motion to adjourn the

debate 187

9.2 Closure of debate 188

9.2.1 Closure of debate and protection of minority 189

9.2.2 Motion for immediate vote as motion for closure 190

9.2.3 What is an item under discussion for purposes of closure

of debate? 191

9.2.4 Process of voting on a motion for closure 191

9.2.5 Voting on proposals after adoption of a motion

for closure 191

9.2.6 Right of reply after closure of debate 192

9.2.7 Explanation of vote after closure of debate 193

9.2.8 Right to complete a statement after closure

of debate 194

9.2.9 Speakers who had requested the floor before the closure

of debate 195

9.2.10 Right of proposer, after closure of debate, to introduce a

previously submitted proposal 196

9.2.11 Right of proposer to reply to questions after closure

of debate 197

9.2.12 Right to propose procedural motions after closure

of debate 197

9.2.13 Submission of amendments after closure of debate 198

9.2.14 Submission of sub-amendments after closure

of debate 199

9.2.15 Closure of debate and revision of amendments 199

9.2.16 Closure of debate before its commencement 200

9.2.17 Closure of debate on points of order 200






contents xi

10 Amendments 20110.1 Distinguishing between separate proposals and

amendments 201

10.1.1 Definition by the Legal Counsel of the UN as to the

difference between amendments and separate

proposals 203

10.1.2 Practice regarding distinguishing between amendments

and separate proposals 203

10.1.3 Can an amendment call for the removal of the substance of

a proposal? 207

10.1.4 Can an amendment call for deferment

of discussion? 208

10.1.5 Can an amendment call for taking no decision on a

committee report? 209

10.1.6 Can an amendment call for referring an issue to a different

committee? 209

10.1.7 Can an amendment call for deleting some existing

paragraphs, revising others and adding a new

paragraph? 210

10.1.8 Can a separate proposal be transformed into an

amendment? 211

10.1.9 How are decisions made whether a proposal is an

amendment to another proposal? 211

10.1.10 Adoption of an amendment by the proposer 212

10.1.11 Presenting an amendment before presenting the

resolution itself 212

10.1.12 A series of amendments as a package 212

10.2 An inadvertent oral amendment 213

10.3 Amendments to procedural motions 213

10.4 Revising amendments by proposer 214

10.5 Voting on an amended proposal 215

10.6 Prohibition of amendments 215

10.7 Sub-amendments 216

10.7.1 Adoption of a sub-amendment and subsequent rejection

of the amendment itself 218

10.7.2 Adoption of a sub-amendment implying rejection of

another sub-amendment that had been accepted by the

sponsors of the original amendment 219

11 Withdrawal and reconsideration of motions 22011.1 Withdrawal of motions 220






xii contents

11.1.1 Withdrawal of a motion adopted by a committee 220

11.1.2 Withdrawal of part of a motion 221

11.1.3 Resubmitting a proposal previously withdrawn 221

11.1.4 Time limits for withdrawal 222

11.1.5 Agreement by all sponsors for withdrawal 222

11.1.6 Meaning of the qualification that the motion ‘has not been

amended’ 222

11.1.7 A motion not to vote on a proposal as an alternative

to withdrawal 224

11.2 Reconsideration of proposals 225

11.2.1 Majority required for reconsideration 225

11.2.2 Reconsideration in committees 226

11.2.3 Reconsideration in regard to proposals in different

committees 229

11.2.4 Reconsideration in plenary of decisions

of committees 229

11.2.5 Is it a reconsideration when there is a request for a separate

vote on part of a text on which there had been a previous

request for a separate vote? 229

11.2.6 Is it reconsideration to request a separate vote on a text

when an amendment for deletion of the text has been

defeated? 230

11.2.7 Is a request to vote again, due to misunderstandings during

the vote, a request for reconsideration? 231

11.2.8 Is voting again due to discrepancy in language versions to

be considered a reconsideration? 233

11.2.9 Is a motion to vote on an amendment inadvertently

not voted on to be considered a motion to

reconsider? 233

11.2.10 Recounting the vote as reconsideration 234

11.2.11 Is a motion not to discuss an item inscribed on the agenda

a motion for reconsideration? 234

11.2.12 Where a decision has been taken not to inscribe an item on

the agenda, is a draft resolution on that item a motion for

reconsideration? 234

11.2.13 Is a motion to change the order of items in an agenda a

reconsideration of the adoption of the agenda? 235

11.2.14 Is a motion for adjournment of debate a motion

for reconsideration of the decision to hold the

debate? 235

11.2.15 Reconsideration of invitations to multi-session

conferences 236






contents xiii

11.2.16 Can a conference decide to reserve the right to reconsider

an item in the future? 237

11.2.17 Where there has been a vote on a proposal, is it

reconsideration to then convene a discussion

group? 238

11.2.18 Relocation of part of a paragraph as

reconsideration 238

11.2.19 An interpretive vote as reconsideration 238

11.2.20 After a motion not to vote on a resolution has been

defeated, is it reconsideration to move that the conference

is not competent to discuss the issue? 239

11.3 Reconsideration of amendments 239

11.3.1 Where an amended basic text is defeated, is it

reconsideration to revert to the original

basic text? 241

11.4 Reconsideration of procedural decisions 242

11.4.1 Does the rule on reconsideration apply to motions for

adjournment or suspension? 243

11.4.2 Does the rule on reconsideration apply to motions to

suspend the rules of procedure? 244

12 Procedural motions and points of order 24512.1 Procedural motions 245

12.1.1 Definition of a procedural motion 245

12.1.2 Examples of decisions as to what is a

procedural motion 246

12.2 Points of order 247

12.2.1 Distinction between a point of order and a procedural

motion 249

12.3 Categories of points of order 250

12.3.1 A point of order requesting a decision by the presiding

officer 250

12.3.2 A point of order raised in order to submit a procedural

motion 251

12.3.3 A point of order requiring neither a vote nor a presidential

decision 252

12.3.4 A point of order on a matter of clarification 253

12.3.5 A point of order on technical arrangements 253

12.4 Decisions by presiding officers on points of order 253

12.5 Discretion of presiding officer to allow a delegation to raise a point

of order 254

12.6 Can a conference or assembly decide a point of order? 254






xiv contents

12.7 Raising a point of order while a representative is speaking on an

earlier point of order 257

12.8 Limiting the duration of statements on points of order 258

12.9 Limiting the number of points of order 258

12.10 Challenging a decision of a presiding officer 258

12.10.1 The process of voting on a challenge to a decision by a

presiding officer 259

12.10.2 Can a challenge to a ruling be debated? 260

12.10.3 Can there be separate votes on parts of a challenge to a

ruling by the presiding officer? 261

12.11 Speaking to the substance during a statement on a point

of order 261

13 Priorities between different proposals 26313.1 Order of voting on proposals 263

13.1.1 When is a proposal considered to have been

submitted? 267

13.1.2 Decision not to vote on subsequent proposals 267

13.1.3 How is a decision made about whether to vote on a

subsequent proposal? 268

13.1.4 Is a decision granting priority to a proposal affected by a

subsequent revision of the proposal? 269

13.1.5 Do subsequent revisions of proposals affect the rule as to

voting on proposals in the order in which they were

submitted? 269

13.1.6 Order of priority of reintroduced proposals 269

13.2 Priority of procedural motions over substantive motions 270

13.2.1 Does a motion not to take a vote on a proposal have

priority over the substantive proposal? 270

13.3 Priority between procedural motions 271

13.3.1 Priority of motion for suspension of meeting 272

13.3.2 Priority of motion for adjournment of meeting 272

13.3.3 Priority of motion for adjournment of debate 273

13.3.4 Priority of a motion for adjournment of debate coupled

with a substantive motion 274

13.3.5 Priority as between different motions for adjournment

of debate 274

13.3.6 Order of priority between different procedural motions

not entitled to special priority under the rules

of procedure 274

13.3.7 Order of priority between different motions to grant

priority 275






contents xv

13.4 Voting on amendments prior to voting on the

proposal itself 275

13.5 Voting on the main proposal when the voting on an amendment

is tied 278

13.6 Priority between amendments 278

13.6.1 Decisions as to which amendment is ‘furthest removed in

substance from the original proposal’ 282

13.7 Can a conference decide not to vote on an amendment? 283

13.8 Order of voting on sub-amendments 283

13.8.1 Voting first on the sub-amendment furthest removed

from the amendment 284

14 Decision taking and method of voting 28514.1 Determining the issue to be voted on 285

14.1.1 Reading out proposals or amendments prior to

the vote 285

14.1.2 Declarations as part of a decision? 285

14.2 Method of voting 286

14.2.1 Voting by the European Commission 287

14.2.2 Voting by show of hands 287

14.2.3 The right to call for a recorded vote 287

14.2.4 Disclosing who requested a recorded vote 290

14.2.5 A recorded indicative vote? 291

14.2.6 When can a recorded vote be requested? 291

14.2.7 Recording delegations present and

not voting 291

14.2.8 Recording abstentions 292

14.2.9 Order of voting in a roll-call vote 293

14.2.10 Voting by mechanical or electronic means 294

14.3 Secret ballot 294

14.3.1 Representatives absent when their names are called in a

secret ballot 298

14.4 Voting by proxy 298

14.5 Decision taking without voting 298

14.6 Voting on principles 299

14.6.1 What is the effect of having a vote on principle? 301

14.6.2 Decision making as to whether to hold a vote

on principle 302

14.7 Indicative vote 303

14.7.1 Indicative vote by roll call 306

14.8 Voting on preferences 306

14.9 Voting in elections 309






xvi contents

14.10 Request not to vote 310

14.11 Invalid vote 311

15 Majority required 31215.1 Unanimity 312

15.1.1 Unanimity and consensus 315

15.1.2 Unanimity in the UN 316

15.1.3 Do abstentions negate unanimity? 316

15.2 Majority voting 317

15.3 Simple majority 318

15.4 Two-thirds majority 320

15.4.1 Majority required for amendments to proposals requiring

a two-thirds majority 323

15.5 ‘Representatives present and voting’ 324

15.6 Calculating fractions of votes 326

15.7 Absolute majority of all States represented 327

15.8 Two-thirds majority of all States represented 329

15.9 Weighted majority 330

15.10 Equally divided votes 332

15.11 A situation where two alternative proposals each receive equally

divided votes 333

16 Consensus 33516.1 Defining consensus 335

16.1.1 Taking decisions by ‘general agreement’ or ‘without a vote’

338

16.2 Background to the increased use of consensus 338

16.3 Consensus at the Third Law of the Sea Conference 340

16.4 Use of the word ‘consensus’ in the rules of procedure of the UN

General Assembly 343

16.5 Consensus without possibility of voting 344

16.6 Consensus with possibility of voting 344

16.7 Reservations to a consensus 345

17 Separate votes 34717.1 Separate votes on parts of proposals and amendments 347

17.2 Consequence of holding a separate vote 348

17.3 The right of a delegation to have a separate vote on parts of a

proposal 348

17.4 The IMO formula for authorising requests for separate

votes 351






contents xvii

17.5 Does a delegation requesting a separate vote need to submit a

motion? 352

17.6 Voting on request for a separate vote 352

17.7 Form of voting on the separate vote 353

17.8 Number of speakers on a motion for a separate vote on part of a

proposal 353

17.9 Right to object to a motion for a separate vote on part

of a proposal 354

17.10 Can a motion be submitted for a separate vote on a particular

sub-paragraph after defeat of a previous motion for a separate vote

on every sub-paragraph? 356

17.11 What are ‘parts of a proposal’ for purposes of a

separate vote? 356

17.12 A motion for a separate vote on a paragraph after such a

motion had been defeated regarding other paragraphs

of the resolution 357

17.13 A motion for a separate vote on a phrase after the failure of a

motion for deletion of the phrase 357

17.14 Status of preambular parts of an amendment when operative parts

have been rejected 359

17.15 Can a motion for a separate vote be amended? 360

17.16 Voting on the proposal as a whole following a

separate vote 360

17.17 Voting on parts of a resolution rejected in a separate vote 364

17.18 A motion to vote on the text as a whole, paragraph by paragraph,

after each paragraph had been earlier voted on separately 364

17.19 Voting on the remainder of a proposal after voting on separate

paragraphs 364

17.20 Priority as between voting on amendments and voting on a

separate part of a proposal 365

17.21 Combining the vote on several proposals 366

17.22 Separate votes on two amendments submitted together 367

17.23 Does a decision to have separate discussions on parts of a proposal

also imply holding separate votes? 368

17.24 A separate vote on parts of a procedural motion 368

18 Conduct of voting – interruption of voting and correctionof vote 37018.1 Interruption of voting 370

18.2 Interruption when voting on individual proposals 370

18.3 When does voting commence? 371






xviii contents

18.3.1 When does voting commence during a connected series

of voting? 374

18.3.2 When does voting commence in elections? 374

18.3.3 When does voting commence in a vote paragraph by

paragraph? 375

18.3.4 When does voting end? 375

18.4 Interruption of voting 376

18.4.1 Is an adjournment of a meeting an interruption of the

voting procedure? 376

18.4.2 Is a suspension of a meeting an interruption of the voting

procedure? 377

18.4.3 Interruption of voting between votes on a series of

amendments 378

18.4.4 Interruption of voting for points of order 379

18.4.5 Interruption of voting for proposal not to vote 380

18.4.6 Interruption of voting for proposal to defer

the vote 381

18.4.7 Interruption of voting to make comments 381

18.4.8 Interruption of voting with a request for

explanation 382

18.4.9 Interruption of voting due to discrepancy in language

versions 382

18.4.10 Interruption of voting in order to submit an

amendment 382

18.4.11 Interruption of voting to submit an oral

amendment 383

18.4.12 Interruption of voting to submit an amendment where the

right to do so had been previously reserved 384

18.4.13 Interruption of voting to submit

sub-amendments 384

18.4.14 Interruption of voting to ascertain what majority is

required 385

18.4.15 Interruption of voting to withdraw sponsorship of a

resolution 385

18.4.16 Interruption of voting to allow explanation of vote on a

separate paragraph 385

18.4.17 Interruption of voting to revise a proposal 386

18.4.18 Interruption of voting to request

reconsideration 387

18.4.19 Interruption of voting for withdrawal

of candidatures 387

18.5 Correction of vote 388






contents xix

18.5.1 The report of the UN Secretary-General on correction

of vote 388

18.5.2 Practice as to correction of votes before announcement

of results 389

18.5.3 Correction of votes after announcement

of results 390

18.5.4 Correction of votes in a roll-call vote 393

18.5.5 Correction of votes – indication in the records 393

19 Languages, records and documents 39519.1 Languages of the conference 395

19.1.1 Official languages 395

19.1.2 Working languages 397

19.1.3 Voting on one language version of a text 397

19.1.4 Authentic language 397

19.1.5 Voting again because of a discrepancy between different

language versions 398

19.2 Records and documents of the conference 398

19.2.1 Documentation 398

19.2.2 Distribution of documentation submitted

by observers 399

19.2.3 Summary and verbatim records 400

19.2.4 Adding written statements to the record 402

19.2.5 Correcting the record 403

19.2.6 Adding to the record 403

19.2.7 Deleting from the records 404

19.2.8 Final Act 407

20 Committees 40820.1 Committees 408

20.2 Procedure of committees 408

20.3 Relations between committees and plenary 408

20.4 The different committees 409

20.4.1 General committee 409

20.4.2 Main committees 411

20.4.3 Drafting committee 412

21 Suspension and amendment of rules of procedure 42721.1 Suspension of rules of procedure 427

21.1.1 Practice in international conferences as

to suspension 428






xx contents

21.1.2 Practice in the UN General Assembly as

to suspension 430

21.1.3 Practice in international organisations as

to suspension 432

21.2 Amendment of rules of procedure 434

21.2.1 Majority required for amending rules

of procedure 435

Bibliography 437Index 446






PREFACE TO THE SECOND EDITION

The emphasis of this second edition is on the book serving as a practicalmanual on procedure rather than as a purely academic study. Althoughthe book examines the proposal that some rules of procedure are by nowcustomary law, the detailed description of the process of formation ofcustom has been omitted from this edition.

Updated procedural rulings are quoted from the records of UN GeneralAssembly meetings, from assemblies of international organisations andfrom treaty-making conferences, updated to February 2005. Other inter-national conferences nowadays rarely publish records of meetings. Theincreased availability on websites of records of proceedings has facilitatedsuch updating and also means that readers who so wish can easily accessthe full record of any procedural ruling.

I should like to thank some of those who have helped with advice,assistance or encouragement, and in some cases all three in this andin the earlier edition: Ms Kochevet Ben-Shahar; Ms Shelly Benvenisti;Judge Thomas Buergenthal; Ambassador Oded Eran; Professor RuthLapidoth; Sir Eli Lauterpacht QC; Gaetano Librando; Paolo Ponzano;Johan Rautenbach; Ambassador Shabtai Rosenne; Ms Daphna Shraga;Professor Louis Sohn; the late Professor Paul Szasz; Ralph Zacklin; PaulZarins; Ms Nili Zentler. My appreciation goes to Ms Elizabeth Davey;Ms Diane Ilott; Ms Jane O’Regan; and Ms Finola O’Sullivan at CambridgeUniversity Press for their professionalism and encouragement.

Finally thanks to my wife Ruthie for her understanding and forbear-ance.

xxi






ABBREVIATIONS AND CONFERENCE REFERENCES

AJIL American Journal of International LawBYIL British Year Book of International LawCTBT Comprehensive Test Ban TreatyEC/EEC European Community / European Economic

CommunityECOSOC United Nations Economic and Social CouncilFAO Food and Agriculture OrganisationGAOR General Assembly Official RecordsIAEA International Atomic Energy AgencyICAO International Civil Aviation OrganisationICC International Criminal CourtICJ International Court of JusticeICLQ International and Comparative Law QuarterlyICRC International Committee of the Red CrossILC International Law CommissionILO International Labour OrganisationIMF International Monetary FundIMO (IMCO) Inter-Governmental Maritime (Consultative)

OrganisationINMARSAT International Maritime Satellite OrganisationITU Intenational Telecommunication UnionNGO non-governmental organisationNPT Nuclear Non-Proliferation TreatyPCIJ Permanent Court of International JusticePLO Palestine Liberation OrganisationRCADI Recueil des Cours (Collected Courses), Academie de Droit

InternationalUN United NationsUNCIO 1945 United Nations Conference on International

OrganisationUNCITRAL United Nations Commission on International Trade Law

xxii






list of abbreviations and conference references xxiii

UNEP United Nations Environment ProgrammeUNESCO United Nations Educational, Scientific and Cultural

OrganisationUNGA United Nations General AssemblyUNIDO United Nations Industrial Development OrganisationUN Jur. Y.B. United Nations Juridical YearbookUNTS United Nations Treaty SeriesWHO World Health OrganisationYBILC Yearbook of the International Law Commission

Abbreviated forms are used for referring to the records of the followingconferences:

‘The 1946 Paris Peace Conference’ – The Paris Conference to Considerthe Draft Treaties of Peace with Italy, Rumania, Bulgaria, Hungary andFinland, 1946Collection of Documents of the Paris Conference, Palais du Luxembourg,29th July–15th October 1946.

‘The 1949 Geneva Conference’ – The 1949 Geneva Diplomatic Conferenceon Humanitarian LawFinal Record of the Diplomatic Conference of Geneva, 1949.

‘The 1950 Conference on Missing Persons’ – United Nations Conferenceon Declaration of Death of Missing Persons, 1950UN Doc. A/CONF.1.

‘The 1951 Conference on Refugees’ – Conference of Plenipotentiaries onthe Status of Refugees and Stateless Persons, 1951UN Doc. A/CONF.2.

‘The 1954 Hague Conference’ – Intergovernmental Conference on theProtection of Cultural Property in the Event of Armed Conflict, TheHague 1954Records of the Conference Convened by the United Nations Educational,Scientific and Cultural Organisation, held at The Hague 1954, publishedby the Government of the Netherlands (The Hague 1961).

‘The 1957 Brussels Conference on Maritime Law’ – Diplomatic Confer-ence on Maritime Law, Brussels 1957Conference Diplomatique de Droit Maritime, Bruxelles 1957, Royaumede Belgique, Ministere des Affaires Etrangeres et du Commerce Exterieur(1958).






xxiv list of abbreviations and conference references

‘The 1958 Law of the Sea Conference’ – United Nations Conference onthe Law of the Sea, Geneva 1958UN Doc. A/CONF.131, Official Records of the United Nations Conferenceon the Law of the Sea, Geneva 1958:Vol. I UN Doc. A/CONF.13/37, UN Sales No. 58.V.4;Vol. II UN Doc. A/CONF.13/38, UN Sales No. 58.V.4;Vol. III UN Doc. A/CONF. 13/39, UN Sales No. 58.V.4;Vol. IV UN Doc. A/CONF.13/40, UN Sales No. 58.V.4;Vol. V UN Doc. A/CONF.13/41, UN Sales No. 58.V.4;Vol. VI UN Doc. A/CONF.13/42, UN Sales No. 58.V.4;Vol. VII UN Doc. A/CONF.13/43, UN Sales No. 58.V.4.

‘The 1960 Law of the Sea Conference’ – Second United Nations Conferenceon the Law of the Sea, Geneva 1960UN Doc. A/CONF.19.

‘The 1961 Vienna Conference on Diplomatic Relations’ – United NationsConference on Diplomatic Intercourse and Immunities, Vienna 1961UN Doc. A/CONF.20.

‘The 1963 Tokyo Air Law Conference’ – International Conference on AirLaw, Tokyo, August–September 1963International Conference on Air Law, Tokyo, August–September 1963,Minutes, Vol. I, ICAO Doc. 8565-LC/152-1.

‘The 1963 Vienna Conference on Consular Relations’ – United NationsConference on Consular Relations and Immunities, Vienna 1963UN Doc. A/CONF.25.

‘The 1968 Teheran Conference on Human Rights’ – International Con-ference on Human Rights, Teheran 1968UN Doc. A/CONF.32.

‘The 1968 Non-Nuclear-Weapon State Conference’ – United NationsConference of Non-Nuclear-Weapon States, Geneva 1968UN Doc. A/CONF.35.

‘The Vienna Conference on the Law of Treaties – First Session and SecondSession’ – United Nations Conference on the Law of Treaties, Vienna1968, 1969Official Records of the UN Conference on the Law of Treaties (First Session1968), UN Sales No. E.68.V.7, UN Doc. A/CONF.39/11; Official Recordsof the UN Conference on the Law of Treaties (Second Session 1969), UNSales No. E.70.V.6, UN Doc. A/CONF.39/11/Add.1.






list of abbreviations and conference references xxv

‘The 1969 IMCO Conference on Marine Pollution Damage’ – Inter-Governmental Maritime Consultative Organisation InternationalConference on Marine Pollution Damage, London 1969Official Records of the Inter-Governmental Maritime ConsultativeOrganisation International Conference on Marine Pollution Damage,London 1969, LEG/CONF.

‘The 1971 IMCO Oil Pollution Damage Fund Conference’ – Inter-Governmental Maritime Consultative Organisation Conference on theEstablishment of an International Compensation Fund for Oil Pollu-tion Damage, London 1971Official Records of the Inter-Governmental Maritime ConsultativeOrganisation Conference on the Establishment of an International Com-pensation Fund for Oil Pollution Damage, 1971, IMCO Doc. CONF.2/.

‘The 1971 Montreal Air Law Conference’ – International Conference onAir Law, Montreal 1971ICAO Doc. 9081-LC/170-1.

‘The 1973 Geneva IMCO Conference’ – United Nations/Inter-Governmental Maritime Consultative Organisation Conference onInternational Container Traffic, Geneva 1973Summary Records of the UN/IMCO Conference on International Con-tainer Traffic, UN Doc. E/CONF.59.

‘The 1973 Rome Air Law Conference’ – International Conference on AirLaw, Rome, August–September 1973ICAO Doc. 9225-LC/178.

‘The Third Law of the Sea Conference’ – Third United Nations Confer-ence on the Law of the Sea, 1973–82UN Doc. A/CONF.62, Third United Nations Conference on the Law ofthe Sea, Official Records:Vol. I First Session, New York 1973. UN Sales No. E.75.V.3.Vol. II Second Session, Caracas 1974. UN Sales No. E.75.V.4.Vol. IV Third Session, Geneva 1975. UN Sales No. E.75.V.10.Vol. V Fourth Session, New York 1976. UN Sales No. E.76.V.8.Vol. VI Fifth Session, New York 1976. UN Sales No. E.77.V.2.Vol. VII Sixth Session, New York 1977. UN Sales No. E.78.V.3.Vol. IX Seventh Session, Geneva–New York 1978. UN Sales No. E.798.V.4.Vol. XI Eighth Session, Geneva 1979. UN Sales No. E.80.V.6.Vol. XIII Ninth Session, New York 1980. UN Sales No. E.81.V.5.Vol. XIV Resumed Ninth Session, Geneva 1980. UN Sales No. E.82.V.2.






xxvi list of abbreviations and conference references

Vol. XV Tenth Session, New York 1981. UN Sales No. E.83.V.4.Vol. XV Resumed Tenth Session, Geneva 1981. UN Sales No.E.83.V.4.Vol. XVI Eleventh Session, New York 1982. UN Sales No. E.84.V.2.Vol. XVII Resumed and Final Part of Eleventh Session, New York–MontegoBay 1982. UN Sales No. E.84.V.3.

‘The 1974–77 Geneva Humanitarian Law Conference’ – DiplomaticConference on the Reaffirmation and Development of InternationalHumanitarian Law Applicable in Armed Conflicts, Geneva 1974–1977Official Records of the Diplomatic Conference on the Reaffirmation andDevelopment of International Humanitarian Law Applicable in ArmedConflicts, Geneva 1974–1977, published by the Federal Political Depart-ment, Berne, Switzerland (CDDH).First Session, Geneva 1974.Second Session, Geneva 1975.Third Session, Geneva 1976.Fourth Session, Geneva 1977.

‘The 1974 Prescription in Sale of Goods Conference’ – United NationsConference on Prescription (Limitation) in the International Sale ofGoods, New York 1974Official Records of the United Nations Conference on Prescription (Lim-itation) in the International Sale of Goods, New York 1974. UN Doc.A/CONF.63. UN Sales No. E.74.V.8.

‘The 1975 Vienna Conference on Representation of States’ – UnitedNations Conference on the Representation of States in Their Relationswith International Organisations, Vienna 1975Official Records of the UN Conference on the Representation of States inTheir Relations with International Organisations, Vienna, 4 February–14March 1975. UN Sales No. E.75.V.11, UN Doc. A/CONF.67/18.

‘The 1976 IMCO Conference on Maritime Claims’ – International Con-ference on the Limitation of Liability for Maritime Claims, London1976Official Records of the International Conference on the Limitation of Lia-bility for Maritime Claims, London 1976, IMCO Doc. CONF.5.

‘The 1977 Conference on Territorial Asylum’ – United Nations Conferenceon Territorial Asylum, Geneva 1977UN Doc. A/CONF.78.






list of abbreviations and conference references xxvii

‘The 1977 Vienna Conference on Succession of States in Respect ofTreaties’ – United Nations Conference on Succession of States inRespect of Treaties, Vienna 1977–1978United Nations Conference on Succession of States in Respect ofTreaties, Official Records, First Session, Vienna 1977, Vol. I, UN Doc.A/CONF.80/16. UN Sales No. E.78.V.8. Resumed Session, Vienna 1978,Vol. II, UN Doc. A/CONF.80/16/Add.1. UN Sales No. E.79.V.9.

‘The 1978 IMCO Conference on Compensation for Oil Pollution Dam-age’ – Inter-Governmental Maritime Consultative Organisation Con-ference on the Establishment of an International Compensation Fundfor Oil Pollution Damage, London 1978IMCO Doc. CONF.2.

‘The 1978 Hamburg Conference on Carriage by Sea’ – United NationsConference on the Carriage of Goods by Sea, Hamburg 1978UN Doc. A/CONF.89.

‘The 1979 Weapons Conference’ – United Nations Conference on Prohi-bitions or Restrictions of Use of Certain Conventional Weapons WhichMay be Deemed to be Excessively Injurious or to Have IndiscriminateEffects, Geneva 1979UN Doc. A/CONF.95.

‘The 1980 Vienna Conference on International Sale of Goods’ – UnitedNations Conference on Contracts for the International Sale of Goods,Vienna 1980UN Doc. A/CONF.97, United Nations Conference on Contracts for theInternational Sale of Goods, Vienna 10 March–11 April 1980, OfficialRecords. UN Sales No. E.81.IV.3.

‘The 1982 Preparatory Conference on Palestine’ – United Nations Prepara-tory Committee for the International Conference on the Question ofPalestine, New York 1982UN Doc. A/CONF.114/PC.

‘The 1983 Vienna Conference on State Property (Succession)’ – UnitedNations Conference on Succession of States in Respect of State Property,Archives and Debts, Vienna 1983UN Doc. A/CONF.117. UN Sales No. E.94.V.6.

‘The 1986 Conference on Treaties Between States and InternationalOrganisations’ – United Nations Conference on the Law of Treaties






xxviii list of abbreviations and conference references

Between States and International Organizations or Between Interna-tional OrganizationsUN Doc. A/CONF.129. UN Sales No. E.94. V.5.

‘The 1988 Vienna Conference on Narcotic Drugs’ – United Nations Con-ference for the Adoption of a Draft Convention Against Illicit Trafficin Narcotic Drugs and Psychotropic Substances, Vienna 1988UN Doc. E/CONF.82. UN Sales No. E.91.XI. 1.

‘The 1991 Conference on the Liability of Operators of Transport Terminalsin International Trade’ – United Nations Conference on the Liability ofOperators of Transport Terminals in International Trade, Vienna 1991UN Doc. A/CONF.152.

‘The 1995 NPT Review Conference’ – 1995 Review and Extension Con-ference of the Parties to the Treaty on the Non-Proliferation of NuclearWeaponsNPT /CONF. 1995.

‘The 1997 Mine Ban Treaty’ – 1997 Diplomatic Conference on an Inter-national Total Ban on Anti-Personnel Land MinesAPL/CRPT.

‘The 1998 ICC Conference’ – 1998 United Nations Diplomatic Conferenceof Plenipotentiaries on the Establishment of an International CriminalCourtUN Doc. A.CONF.183.

‘The 2000 NPT Review Conference’ – 2000 Review and Extension Con-ference of the Parties to the Treaty on the Non-Proliferation of NuclearWeaponsNPT /CONF.2000.

‘The 2001 CTBT Conference’ – Conference on Facilitating the Entry intoForce of the Comprehensive Nuclear-Test-Ban TreatyCTBT-Art.XIV/2001.

‘The 2004 Review Conference of the Mine Ban Treaty’ – First ReviewConference of the States Parties to the Convention on the Prohibitionof the Use, Stockpiling, Production and Transfer of Anti-PersonnelMines and on their DestructionAPLC/CONF/2004.






list of abbreviations and conference references xxix

Unless stated otherwise, reference to the United Nations rules of procedureof the General Assembly is to the rules in the General Assembly and notto the equivalent rules in committees.

Unless using a direct quotation, reference to the number of a specificrule of procedure is always to the rule of procedure as it appears in the1984 version (UN Doc. A/520/Rev.15 (1984), UN Sales No. E.85.I.13) andnot to the numbering of the rule as it was when the statement referred towas made.




