Establishment of the United Nations Conference on Trade and Development as an Organ of the General Assembly

A/RES/1995(XIX)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1964.

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Programme 10	Trade and development	74

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Programme 10	Trade and development	74	—

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

What subjects does this mandate have?

7 subjects

Conciliation Economic Development Election of Members International Trade Organizational Structure Subsidiary Bodies Voting

What’s in this document?

45 operative paragraphs

Convinced that adequate and effectively functioning organizational arrangements are essential if the full contribution of international trade to the accelerated economic growth of the developing countries is to be successfully realized through the formulation and implementation of the necessary policies,

Taking into account that the operation of existing international institutions was examined by the United Nations Conference on Trade and Development, which recognized both their contributions and their limitations in dealing with all the problems of trade and related problems of development,

Relieving that all States participating in the United Nations Conference on Trade and Development should make the most effective use of institutions and arrangements to which they arc or may become parties,

Convinced that, at the same time, there should be a further review of both the present and the proposed institutional arrangements, in the light of the experience of their work and activities,

Ta king note of the widespread desire among developing countries for a comprehensive trade organization,

Recognizing that further institutional arrangements are necessary in order to continue the work initiated by the Conference and to implement its recommendations and conclusions,

I Establishes the United Nations Conference on Trade and Development as an organ of the General Assembly in accordance with the provisions set forth in section II below;

II

The members of the United Nations Conference on Trade and Development (hereinafter referred to as the Conference) shall be those States which are Members of the- United Nations or members of the specialized agencies or of the International Atomic Energy Agency.

The Conference shall be convened at intervals of not more than three years. The General Assembly shall determine the date and location of the sessions of the Conference, taking into account the recommcnclations of the Conference or of the Trade and I kvl'lopmcnt lloar<l established under paragraph 4 below.

The principal functions of the Conference shall be:

To promote intl'rnational trade, especially with a view to accelerating economic development, particularly trnclc· hc·twt·<·n 011111tri('s at different stages of <lcvdopm<'nt, bctwec·n ckvl'loping countries and bet wcen countries with different systems of economic l

and social organization, taking into account the functions performed by existing international organi,mtions;

( b) To formulate principles and policies on international trade and related problems of economic development;

( c) To make propos;ils for putting the s.,i<l principles and policies into effect and to take such other steps within its competence as may he relevant to this end.

having n·ganl tn difT('rences in economic systems and stages of <l<·vrlopment;

( d) Cn1crally, to review and facilitate the co-ordination of activities of other institutions within the United Natir,ns system in the field of international trade and rel:tte<I problems of economic deveiopment, and in this regard lo co-operate with the General Assembly and the Economic and Social Council with respect to the performance of their responsibilities for co-orclinatio11 under thl' ( 'hart<·r of the United Nations;

To initiate action, wlwre appropriate, in cooperation with the rn111prtt'nt organs of the United Nations for the negotiation am! adoption of multilateral lt•gal instru111ents in tlw field of trade, with clue regard to the adequacy of existing organs of negotiation and witho11t d11plication of their activities;

(/) To be available as a centre for harmoni1.i11g the tra<ll' and related <kv<'lop111ent policies of Governments and regional economic groupings in pursuance of Article I of the Charter;

To deal with any otlier matters within the SCOJ'l' of its competence.

Composition

A permanent organ of the Conference, the Trade and Development Hoard ( hereinafter refern:d to as the Board), shall he established as part of the United Nations m;1cl 1i11ery in the economic field.

S. The Boarrl shall consist of fifty-five mrmhrr, elected hy the Conference from among its membership. 111 t·lecting the munhers of the Boar<l, the Co•1fer('ncr shall have full regard for both equitable geographical distribution and the desirability of continuin~ rq rese11- tation for the principal trading States, and shall accordingly ohs<·rv<· the following distributi1111 of seat;:

( 11) Twenty-two from the States listed in part /\ of the anrl<'x to tht• prcst•11t n:solutio11;

( b) l•:ightt·<·n from tht· States listt'd in part B of the anm·x;

Nin<' from the Stat<'s listed in part C ,,f tlH· antwx;

( d) Six fro111 thl' States listed i11 p:1rt [) of the annl'x.

<i. Th<' lists of St:iks co11tainecl in the annrx sh:111 lw rl'vi<'wc·d 1wrioclic:1lly hy the Conference in tl.e light of rl1a11g<·s in 11a·111l><·rsl1ip of th(' Confen•ncr and oth<'r factors.

Th!' 1m·111lll'rs c,r tlw Hoard shall he rlectrd at c•ach rt·g11l:1r sl'ssio11 of thr Coufrrl'nce. Th<'Y shall hol<I otlirc• 1111til tlw t·kction of tlwir successors.

R R<·tiring 11w1111wrs s\1:111 lw eligihle for rr-r!Pcti11n E:1d1 1111·111lwr of tllt' Board !->kill have nnC' rep,,•. srn1alivc· with surh :,lternat,·" and advisers a!-> may 111' n·cp1in·d

Tl1<· l\o:,rd ,li:ill 111vit,· :111y nwmlwr of ( ·011ft-rl'll< ,. 111 l':1rticil':1tc·, witl11111t V;JI<·, in its delibcra- G,meral A•aembly-Nlneteenth Seeslon

tions on any matter of particular concern to that member.

The Board m:iy make arrangt·ments for representatives of the inter govnnmental hoclil's referred to in parag-raphs 18 and 1'1 below to participall', without vote, in its ddilll'rations and in those of tlw suli~idiary l>odi('s and working groups est;i!Jlished by it. Such participation may also he offered to 11011-~overnniental organizations concerned with matters of trade and of trade as relatl'd to development.

The Board shall aclupt its own rules of procedure.

The Board shall meet as required in accordance with its rules. It shall normally meet twice in any particular year.

Functions

When th" C,,nfrrencc is not in session, the Board shall carry out the functions that fall within the competence of the Conference.

In particular, the Board shall keep under n:new a1,J take appro1 ,:·ialc :1cti1111 within its competence f(jr the implementation of t hl'. recommendations. dc·clar:1 · tions, resolutions and other dl'cisions of the: Co11iere11cc and for ensuring thl'. continuity of its work.

The Board may 111ake or m1t1ate studies and reports in the field of trade and related problems of development.

The Hoare! may rc<1ucst the Secretary-General of the United Nations to i•reparc such reports, studies or other documents as it may deem appropriate.

The Doard shall, as required, make arrangements to obtain reports from and establish links with intergovernmental bodies whust: activities arc relevant to its functions. l n ordl'.r to avoid duplication it shall avail itself, whenever possible, of the relevant reports made to the Ernnon1ic and Social Council and other United Nations bo<lies.

The Board shall establish close and continuous links with th<' regional t·conomic commissions of the United Natic1ns and may establish such links with other relevant regional i11ter-governmental bodies.

In its relations with organs and agencies within the United Nations system, the Board shall act in conformity with the responsibilities of the Economic a11cl Social Co1111cil under the Charter, particularly those of co-ordi11ation, and with the relationship agreements with tl·.e agencies concerned.

The Hoard shall serve as a preparatory committee for futun· st·ssions of the Conference. To that end, it shall initiate tl1e preparation uf documents, including a provisional ;1ge11da, for considn:1tio11 by tlw Conference, as wl'II as 111ake rt'commendations as to the appropriate dalt' :tnd place for its convening.

The Board shall report to the Conference ancl it shall also n·port anm1ally 011 its activitirs to the ( ;<·neral Assembly through the Economic and Social Council. The Crnmcil 111:iy transmit to the Assembly such comments on the reports as it may deem necessary.

The Bo:ird shall establish such subsidiary organs as may be necessary to thl' effective discharge of its functions. It shall t·st;,hli,h, in particular, 11w following com111ittet's:

I\ cnmmittt'c· on co11111l<Hliti1·~ wliicli, inter alia,

will carry ,,111 tlw f1111rtions which ar!' now perfornwrl 1,y t 111· c~.,111n1issio11 on I 11tn11;1t ion;il Conm1odi1y Tr:1<lc and the lntnim Co-urdin;1ting

Committee for I nl!'rnational Commodity Arrangements. In this connexion, the Interim Co-ordinating Committee shall be maintained as an advisory body of the Board ;

( b) A committee on manufactures ;

A committee on invisibles and financing related to trade. The Board shall give special consideration to the appropriate institutional means for dealing with problems of shipping, and shall take into account the recommendations contained in annexes A.IV.21 and A.lV.22 of the Final Act of the Conference.4 The terms of reference of the latter two subsidiary bodies and any other subsidiary organs established by the Board shall be adopted after consultation with the appropriate organs of the United Nations and shall take fully into account the desirability of avoiding duplication and overfapping of responsibilities. In

determining the size of the suhsidiary organs and in electing their members, the Roard shall take fully into account the desirability of including in the membership of these bodies member States with a special interest in the subject-matter to he dealt with by them. It may include any State member of the Confcrcnce, whether or not that State is represented on the Board. The Board will determine the terms of reference and rules of procedure of its subsidiary organs.

VOTING

Each State represented at the Conference shall have one vote. Decisions of the Conference on matters of substance shall be taken hy a two-thirds majority of the representatives presrnt and voting. Decisions of the Conference on matters of procedure shall be taken by a majority of the representatives present and voting. Decisions of the l3oard shall be taken by a simple majority of the representatives present and

voting.

The procedures set forth in the present paragraph are designed to provide a process of conciliation to take place before voting and to provide an adequate basis for the adortion of recommendations with regard to proposals o a specific nature for action substantially affecting the economic or financial interests of particular

countries.

Levels of conciliation The process of conciliation within the meaning of the present paragraph may take place under the conditions stated with regard to proposals which are hefore the Conference, the Board or Committees of the Board. In the case of Committees of thr Hoard, the procrss of conciliation shall apply only to thos<' mnttns, if any, with respect to which a Committee has hren authorized to submit, without further approval, recommenc\ations for action.

( b) Request for conciliation A rt•qurst for conciliation within th1• meaning of th<' present paragrnph may he made :

In the l':t!lt' of proposals l1t•forc the Confrrcnct•,

hy at lrast ten memht·r~ of the Conft'rcnce;

'See /'rocer,li,1y,f of tht' l!nitl'tl N111i,>11S C1111f rrt"rr on Tr,ufr OM D111tlofl1t1tnl, vol. I, Final Act and Ueporl (United Nations publication, Sale. No.: 64.ll.B.1 l), p. 54.

s - ---- --- ------------------- ----------------,..,-- Rewlullon■ adopted wlthoat reference to a Committee

In the case of proposals bdr,r;e· .1c Yo:ard · t-y at least five members of th;: C, ,nicrenc •!. whe. ner or not they are members of the Board;

iii

In the case of proposals before Committees of the Board, by three members of the Committee. The request for conciliation under the present paragraph shall be submitted, as appropriate, to the President of the Conference or to the Chairman of the Board. In the case of a request relating to a proposal before a Committee of the Board, the Chairman of the Committee concerned shall submit the request to the Chairman of the Board.

( c) Initiation of conciliation by the President or Chairman The process of conciliation within the meaning of the present paragraph may also be initiated whenever the President of the Conference, the Chairman of the lloard or the Chairman of the Committee concerned is satisfied that the required number of countries as specified in sub-paragraph ( b) above arc in favour of such conciliation. In cases where the process of conciliation is initiated at the level of a Committee, the Chairman of the Committee concerned shall refer the matter to the Chairman of the Board for action to be taken in accordance with sub-paragraph (f) below.

( d) Time for request or initiation of conciliation The request for conciliation ( or the initiation of conciliation by the President or the Chairman, as the case may be) may be made only after the debate on the proposal has uecu concluded within the organ

concerned and prior to the vote on that proposal. For the purposes of this provision, the Chairman of the organ concerned shall, at the conclusion of the debate on any proposal, afford an appropriate interval for the submission of requests for conciliation before proceeding to the vote on the proposal in question. In the event that conciliation is requested or initiated, voting on the proposal in question shall be suspended and the procedures provided for below shall be followed.

( e) Subjects in regard to which conciliation is appropriate or ercludcd The institution of the process of conciliation shall be automatic under the conditions stated in sub-paragraphs

( b) and ( c) above. The categories in ( i) and (ii) below shall serve as guidelines:

Appropriate for conciliation shall be proposals of a specific nature for action substantially affecting the economic or financial interests of particular countries in the following fields:

Economic plans or programmes or economic or social readjustments;

Trade, monetary or tariff policies, or balance of payments ;

Policies of economic assistance or transfer of resources;

Levels of employment, income, revenue or investment ;

Rights or ohligntions under international agreements or treaties.

l'roposals in the following fields shall not n.'<1uire conciliation:

Any procedural matter;

General AHembly-Nlnc,IPf'ntlt S..11&lon

Any proposal for stucly or investigation,

including such proposals related to the preparation of kgal instruments in the fit>lrl of trad<";

Establishment of subsidiary bodies of the Board within the scope of its competence;

Recommendations and declarations of a general character not calling for specific action;

Proposals involving action proposed in pursuance of recommendations which were unanimously adopted by the Conference.

( f) Nomination of a conciluition committee When a request for conciliation is made or initiated, the prt'sicling officer of the organ concerned shall immediately inform the organ. The President of tht' Confcn·ncc· or the Chairman of the Board shall, as soon as possible, after cons11ltation with the members of the organ concerned, nominate the members of a cont'iliation committee and submit the nominations for the approval of the Conference or thr Board, as appropriate.

Si::r and composition of the conciliation committee The conriliation committee shall, as a rule, he small in size. Its 111e111hers shall include countries especially intcrl'stl'd in the mattC'r with respect to which such conciliation was initiated and shall be s<:lected on an equitable g<"ographical basis.

Procedure within the conciliation committee and submissio11 of its report The conciliation committee shall begin its work as soon as possible and it shall endeavour to reach agreement during the same session of the Conference or the Board. No vote shall take place in the conciliation committee. In the event that the conciliation committee is unable to conclude its work or fails to reach agreement at the same session of the Conference or of the Board, it shall report to the next session of the Board or of the Conference, whichever meets earlier. I lowcver, the Conference 111ay instruct the conciliation committee appointed by it lo submit its report to the following- st'ssion of the Conference in the ev<'.nt that the con1111illec shall not have concluded its work or shall have failed to reach agreement during the same session of the Conference.

L.

lixtension u/ the mandat,· of thr conciliation committee A proposal to co11tin11<' a conciliation committee heyond tlw session at which it is required to r<'port shall h<' derided hy a si111ple majority.

N,·port t1f the conciliatit1n rum111itt1·1· Tlw r<"port of tll(' conciliation committee shall i11dicat1· wlwtlu-r or not the committee was ;ibk to r<'ach an agrt·e1111·nt and whrther or not the com111itt1·t· n·co11111u·11ds a furtllt'r pt·riod of conciliation. The report of tht• ro111111iltt·1· shall lw made available to tlw nwmhers of tl1t• ( ·1111fn1·11et·.

( k) .·/<11011 t111 Iii,· n·f•orl of the rnnriliation commitlrr Tiu· rqu,rt of tht· conciliation rn111111itter shall h;1v1· priority 011 tl1t· ag-1·n1b of the organ to which it is sulm1ittt-d. If tht- organ adopts a resolution on the proposal which was the subject of the report of thl' conciliation co111111ittt·t·,

th:1t rt'solntion shall rdl'r explicitly tu the rq1or1 11f tlw rnnriliation ro111111itt<-1· am! lo the r,mrlusion rl'arllt'd by thr conciliation ron1111illn· in the following forn1, as appropriate:

"Notiny tht' report of the Conciliation Committel' appointed on (<late) ( document number),

"Noting also that the Conciliation Committee [wa~ able to rc;ich an agreement] [ recommends a further period of conciliation] [ was unable to reach agreement],"

l<eports of the /ioard and of the Conference The reports of the Uoar<l to the Conference and to the (~encral Assembly and the reports of the Conference to tht' Asseml,ly shall include, inter alia:

( i) The texts of all recommendations, resolutions and declarations adopted by the Uoard or the Conference during the period covered by the report;

In respect of recommendations and resolutions which arc adopt,·d after a process of conciliation,

there shall abo ]J(' included a record of the voting on each rt'Commendation or resolution,

together with the texts of the reports of the conciliation co111111ittces concerned. In the report,

the record of VCJtin1-: and the texts of the reports shall normally follow the resolutions to which they pertain.

111

Good of]icrs of the Secretary-General of the Conference The good offices of the Secretary-General of the Conference shall be utilized as fully as practicable in connexion with the process of conciliation.

( n) Proposals involvinr1 rlianqes in the f undamentaJ provisions of the present resolution A process of conciliation sh;ill also be applied under the terms and conditions laid down above in regard to any proposal for a recommendation to the General Assembly which would involve changes in the fundan_1ental provisions of the present resolution. Any questwn as to whether a particular provision shall be ronsidered fundamental for the purposes of the present sub-paragraph shall l,e tl<-t(-rmined hy a simple majority of the Conference or the Board.

Arrangements shall he made, in accordance with Article IOI of the Charter, fur the immediate establish- 111t·nt of an aclt'quate. pt'r111anent and full-time secretariat with_i~ the Unitecl Nations Secretariat for the proper St'rv1cmg of the Conference, the Board and its subsidiary hodies. . 27. Thi' scrrC'tariat shall be headed by the Secretary- ( ,t·neral of the Conference, who shall be appointed hy the S<'cretary-(~ent'ral of the United N;itions ancl confirmed by the Ceneral Assembly.

Aclt•r111ate arrangements shall be made by the Secrl'lary-Ccneral uf the United Nations for clos<' ro-opera1ion and co-ordination hetwt·c·n the serrC'tariat of th<' Confrrcnre and the Department of Economic anti Social Affairs, i11cl11di11g the secretariats of the regional economic commissions and other appropriate

units of the United Nations Secretariat as well as with the secretariats of the specialized agencies.

'29. The expenses of the Confrrence, its subsidiary bodies and secretariat shall he home hy the regular budget of the United Nations, which shall include a separate budgetary provis!on for such expenses .. In accordance with the practice followed by the Umted Nations in similar cases, arrangements shall be made for assessments on States not members of the United Nations which participate in the Conference.

FUTURE INSTITUTION AL ARRA NGEMF:NTS

The Conference will review, in the light of experience, the effectiveness and further evolution. of institutional arrangements with a view to recommendmg such changes and improvements as might be necessary.

To this end the Conference will study all relevant subjects, inclucling matters relating to the establishment of a comprehensive organization based on the entire membership of the Unite-ii Nations system of organizations to deal with trade and with trade in relation to development.

The General Assembly rxpresses its intention to se1·k advice from the Conference hefore making changes in the fundamental provisions of the prest'nt resolution.

30 December 1964.

• • • At its 1328th plrnary meeting, on 10 Febru<Jf"y 1965, thr (;rnrral A.rsrmbfy confirmrd thr appoi11tmrnt by the Serrrfary- Crnrral. 1mdrr .rrrtion IT. paraqraf>h 27. of thr above rrso/11- tion, of Dr. Raul PRF.IIISC.H as Secretary-C:mrrnl of the United Nations Conference on Trade and De11clopmr11t.

List of States indicatrd in paragraph 5 (a) Afghanistan Madagascar Malaysia Alll'eria Mali Burma Burundi Mauritania Camhodia Mongolia ! ·ameroon N,·pal Cc11tral African Republic Ceylon Niger Chad '.':igeria China I 'aki~tan O,ngo ( l!ruzaville)

l'hilippuu-, Congo ( l lcniocr11tic Repuhlk l«-p11hlic of Korea of)

H<""public of Viet-Nam Dahmney Rwanda Saudi Arabia Ethiopia S,·rn·i,:al (;ahon <;hana Sierra Leone Cuinra Somalia India South Afrit-a lndoncaia Iran Syria Iraq Tlmila11d l~n,d lv11ry Co:ut T1111i,ia I l~ancla Jordan Kt'nya Unit1:1I Arah Republir. Kuwait Unitc·d l(t'tmhlic of T11nzania l,ao.,

l I p1wr Voltll t.,·li,11wn \\',-,tt-rn Samoa Liberia Yi<lllt'II Libya Yu11'01lavia

s Re1olatlon1 adopted without reference to • Committee B. l.ist of State.r indicattd i11 paragraph 5 (b) Australia l ,uxcmbourg Austria ~lonaco lll"lgium :'\cthcrlands 1 ·a11.ula :'\cw Zealand C ·y11rns Norway l>t·nmark Portugal Fc,leral Republic of (,ermauy San Marino Finland Spain France Sweden (;rcece Switzerland lloly Sec Iceland Turkey Ireland United Kingdom of Great Britain and Northern Italy Japan Ireland Liechtenstein United States of America

C. Li.rt of States indicated iu paragraph 5 (c) Argentina Haiti Bolivia I londuras Brazil Jamaica Chile Mexico Colombia :'ll"icaragua Costa Rica Panama Cuba Paraguay Dominican Republic Peru Ecuador Trinidad arnl Tohago El Salvador Uruguay Guatemala Venezuela

D. List of States indicattd in paragraph 5 (d) Albania Poland Bulgaria Romania Ryelorussian Soviet Socialist Ukrainian Soviet Socialist Republic Republic Czechoslovakia Union of Soviet Socialist I lungary Republics

TRAllF: AND DEVELOPMENT BOARI) q_ 1111'

PROCEDURES

SECHETARIAT

FINANCIAL ARRANGJ,:MENTS

Mor0<·eo S11<l,u1 T111(C•

Who adopted this document and its mandates?

Who cites this mandate in the budget?

Who cites this mandate in the budget?

What subjects does this mandate have?

What’s in this document?

II

VOTING

General AHembly-Nlnc,IPf'ntlt S..11&lon

L.

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