Preparation for the United Nations Conference on the Law of Treaties Between States and International Organizations or Between International Organizations

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 139 Preparation for the United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations, published in 1985.

What subjects does this mandate have?

6 subjects

Conferences Consultations International Law Codification Rules of Procedure Treaties Between States and International Organizations Treaties Between Two or More International Organizations

What’s in this document?

6 operative paragraphs

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IX.

Considers that the informal consultations held pursuant to paragraph 8 of resolution 39/86 have proved to be useful in enabling thorough preparation for successful conduct of the United Nations Conference on the Law of Treaties between States and International Organizations or between International Organi:zations;

Expresses its satisfaction with the successful outcome of the work of the informal consultations conducted by the co-Chairmen;

Decides that, in addition to the organizations referred to in paragraph 2 (e) of resolution 39/86, the United Nations should participate in the Conference;

Decides to transmit to the Conference and to recommend that it adopt the draft rules of procedure for the Conference, worked out during the informal consultations and annexed to the present resolution as annex I, taking into account that those draft rules were drafted for the specific use of that Conference in view of its particular nature and the subject-matter to be considered by it;

Decides further to transmit to the Conference for its 5. consideration and action, as appropriate, a list of draft articles of the basic proposal, for which substantive consideration is deemed necessary and which are annexed to the present resolution as annex II;

Refers to the Conference for its consideration the draft final clauses presented by the co-Chairmen on which an exchange of views was held and which are annexed to the present resolution as annex III.

1 I 2th plenary meeting

11 December 1985

U■ited Nations Conference on the Law or Treaties between States and International Orpnizations or between International Organizations (Vienna, 18 February-21 March 1986)

Dn,ft rulu of procedure I.

REPRESENTATION AND CREDENTIALS Composition of delegations Rule I The delegation of each State, Namibia, represented by the United Nations Council for Namibia and each organization referred to in rule 60

43 Ibid., Thirty-seventh Session. Supplemeni No. /0 (A/37110), chap. II. sect. D. panicipating in the Conference shall consist of a head of delegation and such other representatives. alternate representatives and advisers as may be required.

Alternates and advisers

Rule 2 The head of delegation may designate an alternate representative or an adviser to act as a representative.

Credentials. corresponding documents and notifications of delegations

Rule .i I.

The credentials of representatives of States, the corresponding documents of the organizations mentioned in rule 60 as well as appropriate notifications, containing the names and titles of the members of each delegation referred to in rule I authorizing them to panicipate in the Conference shall be submitted early to the Executive Secretary of the Conference, and if possible not later than 24 hours after the opening of the Conference. Any subsequent change in the composition of delegations shall also be submitted to the Executive Secretary. 2.

The credentials of representatives of States shall be issued by the head of State or Government or by the minister for foreign affairs.

3. The corresponding documents of organizations referred to in rule 60 shall be submitted to the Executive Secretary of the Conference together with a statement on behalf of the organization confirming that such document 1s issued in accordance with the internal rules and practices of the organization concerned.

Credentials Commillee Rule 4 A Credentials Committee shall be appointed at the beginning of the Conference. It shall consist of nine members from among the representatives of panicipating States who shall be appointed by the Conference on the proposal of the President. It shall examine the credentials of representatives of States and repon to the Conference without delay. The Credentials Committee shall also verify the corresponding documents submitted by representatives of the organizations referred to in rule 60 in accordance with rule 3 and repo11 to the Conference on those documents.

Provisional partinpatwn ,n the Conference Rule 5 Pending a decision of the Conference on their credentials, representatives of States shall be entitled to panicipate provisionally in the Conference. Representatives of the organizations referred to in rule 60 shall likewise be entitled to panicipate provisionally in the Conference pending its decision on whether the documents submitted by them are in conformity with the requirements provided in rule 3.

II OHlCERS Flemons Rule 6 The Conference shall elect from among the representatives of panicipating States the following officers: a President and twenty-two Vice-Presidents, as well as the Chairman of the Committee of the Whole provided for in rule 4 7 and the Chairman of the Drafting Committee provided for in rule 48. These officers shall be elected on the basis of ensuring the representative character of the General Committee. The Conference may also elect such other officers as 11 deems necessary for the performance of its functions General po~·ers of the President Rule 7 I.

In addition to exercising the powers conferred upon him elsewhere by these rules. the President shall preside at the plenary meetings of the Conference. declare the opening and closing of each meeting. direct the discussion. ensure observance of these rules. accor<i the right to speak, promote the achievement of general agreement, put questions to the vote and announce decisions reached by general agreement or taken by vote. The President shall rule on points of order and, subject to these rules, shall have complete control of the proceedmgs and over the maintenance of order thereat The President may propose to the Conference the closure of the list of speakers. a lim1ta1ion on the time to be allowed to speakers and on the number oft1mes each representative ma} ,peak on a question, the adjourn-

mentor the closure of the debate and the suspension or the adjournment of a meeting.

2. The President, in the exercise of his functions, remains under the authority of the Conference.

Aeling Pres1den1

Rule 8 I. If the President finds it necessary to be absent from a meeting or any part thereof, he shall designate a Vice-President to take his place. 2.

A Vice-President acting as President shall have the powers and duties of the President.

Replacemenr of /he Presidenr

Rule 9 If the President is unable to perform his functions, a new President shall be elected.

The Preridenl shall nor vote

Rule JO The President, or a Vice-President acting as President, shall not vote in the Conference, but may designate another member of his delegation to vote in his place.

III. GENERAL COMMITTEE Composilion

Rule I I There shall be a General Committee consisting of twenty-five members which shall comprise the President and Vice-Presidents of the Conference, the Chairman of the Committee of the Whole and the Chairman of the Drafting Committee. The President of the Conference, or in his absence one of the Vice-Presidents designated by him, shall serve as Chairman of the General Committee.

Subslilule members

Rule 12 If the President or a Vice-President of the Conference is to be absent during a meeting of the General Committee, he may designate a member of his delegation to sit and vote in the Committee. In case of absence, the Chairman of the Committee of the Whole shall designate the Vice-Chairman of that Committee as his substitute and the Chairman of the Drafting Committee shall designate a member of the Drafting Committee. When serving on the General Committee, the Vice-Chairman of the Committee of the Whole or member of the Drafting Committee shall not have the right to vote if he is of the same delegation as another member of the General Committee.

Funclwns

Rule /3 The General Committee shall assist the President in the general conduct of the business of the Conference and, subject to the decisions of the Conference, shall ensure the co-ordination of its work. It shall also exercise powers conferred upon it by rule 63.

SECRETARIAT Dulies of the Secretary-General

Rule 14 I. The Secretary-General of the United Nations shall be the Secretary- General of the Conference. He, or his representative, shall act in that capacity in all meetings of the Conference and its committees.

The Secretary-General shall appoint an Executive Secretary of the Conference and shall provide and direct the staff required by the Conference and its committees.

Duties o.f the seaerariat

Rule I 5 The secretariat of the Conference shall. in accordance with these rules:

Interpret speeches made at meetings;

Receive, translate. reproduce and distribute the documents of the (b) Conference;

Publish and circulate the official documents of the Conference:

Prepare and circulate records of public meetings;

Make and arrange for the keeping of sound recordings of meetings, (/) Arrange for the custody and preservation of the documents of the Conference in the archives of the United Nations;

Generally perform all other work that the Conference may require.

Sratemenls h_v the secretariat

Rule 16 In the exercise of the duties referred to in rules 14 and 15, the Secretary- General or any other member of the staff designated for that purpose may, at any time, make either oral or written statements concerning any question under consideration.

V CONDUCT OF BUSINESS Quorum

Rule 17 The President may declare a meeting open and permit the debate to proceed when representatives ofat least one third of the States participating in the Conference are present. The presence ofrepresentatives of two thirds of the States so participating shall be required for any decision to be taken.

Speeches

Rule /8 I.

No one may address the Conference without having previously obtained the permission of the President. Subject to rules 19, 20 and 23 to 25, the President shall call upon speakers in the order in which they signify their desire to speak. The secretariat shall be in charge of drawing up a list of such speakers. The President may call a speaker to order if his remarks are not relevant to the subject under discussion.

The Conference may limit the time allowed to each speaker and the number of times each representative may speak on a question. Before a decision is taken, two representatives may speak in favour of, and two against, a proposal to set such limits. When the debate is limited and a speaker exceeds the allotted time, the President shall call him to order without delay.

Precedence Rule /9 The chairman or rapporteur of a committee, or the representative of a sub-committee or working group, may be accorded precedence for the purpose of explaining the conclusions arrived at by his committee, sub-committee or working group.

Poinrs of order Rule 20 During the discussion of any matter, a representative of a participating State may at any time raise a point of order, which shall be decided immediately by the President in accordance with these rules. A representative of a participating State may appeal against the ruling of the President. The appeal shall be put to the vote immediately, and the President's ruling shall stand unless overruled by a majority of such representatives present and voting. A representative may not, in raising a point of order, speak on the substance of the matter under discussion.

Closing of rhe Im of speakRrs Rule 2/ During the course of a debate the President may announce the list of speakers and, with the consent of the Conference, declare the list closed.

Right of repfv Rule 22 I. Notwithstanding rule 2 I, the President shall accord the right of reply to any delegation that requests it.

Replies made pursuant to the present rule shall be made at the end of the last meeting of the day, or at the conclusion of the consideration of the relevant issue if that is sooner.

The number of interventions in exercise of the right of reply for any delegation at a given meeting should be limited to two per issue.

The first intervention in the exercise of the right of reply, for any delegation on any issue at a given meeting, shall be limited to five minutes and the second intervention shall be limited to three minutes.

AdJournrnent of debate Rule 23 During the discussion of any matter, a represc:ntative may move the adjournment of the debate on the question under disc11SSion. In addition to the proposer of the motion, two re;resentativel may speak in favour of,

and two against, the adjournment, after which the motion shall be put immediately to the vote.

Closure of debate

RuleU A representative may at any time move the closure of the debate on the question under discussion, whether or not any other representative has signified his wish to speak. Pennission to speak on the closure of the debate shall be accorded only to two speakers opposing the closure, after which the motion shall be put immediately to the vote.

Suspension or adjournment of the meeting

Rule 25 During the discussion of any matter, a representative may move the suspension or the adjournment of the meeting. Such motions shall not be debated, but shall be put immediately to the vote.

Order of motions

Rule 26 Subject to rule 20, the motions indicated below shall have precedence in the following order over all proposals or other motions before the meeting:

To suspend the meeting;

To adjourn the meeting;

To adjourn the debate on the question under discussion;

To close the debate on the question under discussion.

Basic proposal

Rule 27 The draft articles on the law of treaties between States and international organizations or between international organizations, adopted by the International Law Commission,43 shall constitute the basic proposal for consideration by the Conference.

Articles of the basic proposal requiring substantive consideration

Rule 28

The Conference shall decide which of the draft articles of the basic proposal referred to in rule 27 require substantive consideration. These draft articles shall be referred to the Committee of the Whole and all other draft articles shall be referred directly to the Drafting Committee.

After such a decision is taken by the Conference:

The Committee of the Whole may decide, at the request of a representative, to give substantive consideration to a particular article of the basic proposal that was referred directly to the Drafting Committee;

The Drafting Committee itself may decide, where necessary, to transfer particular draft articles of the basic proposal to the Committee of the Whole for substantive consideration.

Other proposals and amendments

Rule 29 Other proposals and amendments thereto shall normally be submitted in writing to the Executive Secretary of the Conference, who shall circulate copies to all delegations. As a general rule, no proposal shall be considered at any meeting of the Conference unless copies of it have been circulated to all delegations not later than the day preceding the meeting. The President may, however, permit the consideration of amendments, even though these amendments have not been circulated or have only been circulated on the same day.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

IX.

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