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In a departure statement on September 13, Secretary Kissinger explained further:
The President has asked me to visit Africa to see whether the United States can contribute to a peaceful solution of the conflicts that are taking place there, to put an end to violence, to enable all communities to live together in peace and to avoid outside intervention. The United States wants nothing for itself. The United States national interest is involved in a moderate and peaceful evolution of Africa. And having been invited by all of the parties, I leave with hope and with a determination that it will not fail for lack of United States effort. . . .
Dept. of State Press Release No. 432, Sept. 13, 1976.
Between September 14 and 24 the Secretary met with the residents of Tanzania, Zambia, Zaire, and Kenya, with South African Prime Minister Balthazar Johannes Vorster, and with a hodesian delegation headed by Ian D. Smith. In London he met with British Prime Minister James Callaghan and Secretary of State for 'oreign and Commonwealth Affairs Anthony Crosland. At a news onference in London on September 24, Secretary Kissinger mphasized that the principles of settlement he had put forward in outh Africa were based on a British plan suggested in March. He dded:
This has been elaborated in detailed consultations between the British and American Governments. There have been five missions to Africa, three American and two British, in which these ideas were discussed in great detail with the African Presidents and refined in the light of their comment.
So what is being considered in Salisbury is not the plan of an individual, but what we hope reflects a consensus between the United States, the United Kingdom, and the essential requirements of the leaders of Africa. It is on this basis that we hope to make our contribution to the solution of the future of southern Africa.
Dept. of State Bulletin, Vol. LXXV, No. 1948, Oct. 25, 1976, p. 521.
On September 24, Ian D. Smith, in a speech to Rhodesians, stated è conditions put forward by Secretary Kissinger and accepted by n for Rhodesia's move toward majority government within two rs. The terms of the proposed settlement, as stated by Mr. Smith, re reported as follows:
. Rhodesia agrees to majority rule within two years.
Representatives of the Rhodesian Government will meet immediately at a tually agreed place with African leaders to organize an interim government to ction until majority rule is implemented.
3. The interim government should consist of a council of state, half of whose members will be black and half white with a white chairman without a special vote. The European and African sides would nominate their representatives. Its function will include:
Legislation-general supervisory responsibilities-and supervising the process of drafting the constitution.
The interim government should also have a council of ministers with a majority of Africans and an African first minister. For the period of the interim government the ministers of defense and of law and order would be white. Decisions of the council of ministers to be taken by two-thirds majority. Its functions should include: Delegates legislative authority and executive responsibility.
4. The United Kingdom will enact enabling legislation for the process to majority rule. Upon enactment of that legislation Rhodesia will also enact such legislation as may be necessary to the process.
5. Upon the establishment of the interim government, sanctions will be lifted and all acts of war, including guerrilla warfare, will cease.
6. Substantial economic support will be made available by the international community to provide assurance to Rhodesians about the economic future of the country. A trust fund will be established outside Rhodesia which will organize and finance a major international effort to respond to the economic opportunities of this country and to the effects of the changes taking place. The fund will, inter alia, support the internal and external economic circumstances of the country and provide development assistance, guarantees and investment incentives to a wide variety of projects.
The aim will be to expand the industrial and mineral production of the country, to enhance agricultural potential by suitable land utilization and development programs and to provide the necessary training and educational facilities to provide the essential flow of skills.
The New York Times, Sept. 27, 1976, p. 8.
On September 26, 1976, the Presidents of Botswana, Angola, Zambia, Mozambique, and Tanzania issued a statement congratulating the people of Zimbabwe (Rhodesia) and calling on the British Government to convene a conference to discuss the structure and functions of the transitional government, to establish the transitional government, to discuss the modalities for convening a full constitutional conference to work out the independence constitution, and to establish the basis upon which peace and normalcy could be restored in the territory.
The Geneva Conference on a Rhodesian settlement formally opened October 28, 1976, under British chairmanship. Five Rhodesian delegations were represented, four headed by black nationalists and a white delegation led by Ian Smith. Other black participants included Zimbabwe People's Army (ZIPA) commanders of the Mozambique-based guerrilla forces recently released from detention in Zambia. On December 14, 1976, the conference adjourned without reaching agreement on transitional arrangements for majority rule in Rhodesia.
The New York Times, Dec. 15, 1976.
The Convention on the International Maritime Satellite Organization (INMARSAT) and its Operating Agreement, opened for signature at London on September 3, 1976, contain provisions for the settlement of disputes relating to rights and obligations under the two instruments. Article 31 of the Convention and article XVI of the Operating Agreement call for negotiation between the parties, but if within a year of the time any party has requested settlement a settlement has not been reached, and if a particular procedure has not been agreed upon, the dispute shall be submitted to arbitration in accordance with the annex to the Convention. Signatories which cease to be signatories remain bound by the dispute settlement articles in respect of disputes relating to rights and obligations arising from their participation.
For further discussion of the Convention and Operating Agreement, see ante, Ch. 5, § 1, pp. 217-218, and Ch. 10, § 9, pp. 561-563. The text of the annex on settlement of disputes follows:
PROCEDURES FOR THE SETTLEMENT OF DISPUTES REFERRED TO IN ARTICLE 31 OF THE CONVENTION AND ARTICLE XVI OF THE OPERATING AGREEMENT
Disputes cognizable pursuant to Article 31 of the Convention or Article XVI of the Operating Agreement shall be dealt with by an arbitral tribunal of three members.
Any petitioner or group of petitioners wishing to submit a dispute to arbitration shall provide each respondent and the Directorate with a document containing: (a) A full description of the dispute, the reasons why each respondent is required to participate in the arbitration, and the measures being requested.
(b) The reasons why the subject matter of the dispute comes within the competence of a tribunal and why the measures requested can be granted if the tribunal finds in favour of the petitioner.
(c) An explanation why the petitioner has been unable to achieve a settlement of the dispute by negotiation or other means short of arbitration.
(d) Evidence of the agreement or consent of the disputants when this is a condition for arbitration.
(e) The name of the person designated by the petitioner to serve as a member of the tribunal.
The Directorate shall promptly distribute a copy of the document to each Party and Signatory.
(1) Within sixty days from the date copies of the document described in Article 2 have been received by all the respondents, they shall collectively designate an individual to serve as a member of the tribunal. Within that period, the respondents may jointly or individually provide each disputant and the Directorate with a document stating their individual or collective responses to the document referred to in Article 2 and including any counterclaims arising out of the subject matter of the dispute.
(2) Within thirty days after the designation of the two members of the tribunal, they shall agree on a third arbitrator. He shall not be of the same nationality as, or resident in the territory of, any disputant or in its service..
(3) If either side fails to nominate an arbitrator within the period specified or if the third arbitrator is not appointed within the period specified, the President of the International Court of Justice, or, if he is prevented from acting or is of the same nationality as a disputant, the Vice-President, or, if he is prevented from acting or is of the same nationality as a disputant, the senior judge who is not of the same nationality as any disputant, may at the request of either disputant, appoint an arbitrator or arbitrators as the case requires.
(4) The third arbitrator shall act as president of the tribunal.
(5) The tribunal is constituted as soon as the president is selected
(1) If a vacancy occurs in the tribunal for any reason which the president or the remaining members of the tribunal decide is beyond the control of the disputants.or is compatible with the proper conduct of the arbitration proceedings, the vacancy shall be filled in accordance with the following provisions:
(a) If the vacancy occurs as a result of the withdrawal of a member appointed by a side to the dispute, then that side shall select a replacement within ten days after the vacancy occurs.
(b) If the vacancy occurs as a result of the withdrawal of the president or of a member appointed pursuant to Article 3(3), a replacement shall be selected in the manner described in paragraph (2) or (3), respectively, of Article 3.
(2) If a vacancy occurs for any other reason, or if a vacancy occurring pursuant to paragraph (1) is not filled, the remainder of the tribunal shall have the power, notwithstanding Article 1, upon request of one side, to continue the proceedings and give the final decision of the tribunal.
(1) The tribunal shall decide the date and place of its meetings.
(2) The proceedings shall be held in private and all material presented to the tribunal shall be confidential. However, the Organization and any Party which has designated a Signatory which is a disputant in the proceedings shall have the right to be present and shall have access to the material presented. When the Organization is a disputant in the proceedings, all Parties and all Signatories shall have the right to be present and shall have access to the material presented.
(3) In the event of a dispute over the competence of the tribunal, the tribunal shall deal with that question first.
(4) The proceedings shall be conducted in writing, and each side shall have th right to submit written evidence in support of its allegations of fact and law. However, oral arguments and testimony may be given if the tribunal considers it appropriate.
(5) The proceedings shall commence with the presentation of the case of the petitioner containing its arguments, related facts supported by evidence and the principles of law relied upon. The case of the petitioner shall be followed by the counter-case of the respondent. The petitioner may submit a reply to the counter-case of the respondent and the respondent may submit a rejoinder. Additional pleadings shall be submitted only if the tribunal determines they are necessary.
(6) The tribunal shall hear and determine counter-claims arising directly out of the subject matter of the dispute, if the counter-claims are within its competence as defined in Article 31 of the Convention and Article XVI of the Operating Agreement. (7) If the disputants reach an agreement during the proceedings, the agreement shall be recorded in the form of a decision of the tribunal given by consent of the disputants.
(8) At any time during the proceedings, the tribunal may terminate the proceedings if it decides the dispute is beyond its competence as defined in Article 31 of the Convention or Article XVI of the Operating Agreement.
(9) The deliberations of the tribunal shall be secret.
(10) The decisions of the tribunal shall be presented in writing and shall be supported by a written opinion. Its rulings and decisions must be supported by at least two members. A member dissenting from the decision may submit a separate written opinion.
(11) The tribunal shall forward its decision to the Directorate, which shall distribute it to all Parties and Signatories.
(12) The tribunal may adopt additional rules of procedure, consistent with those established by this Annex, which are appropriate for the proceedings.
If one side fails to present its case, the other side may call upon the tribunal to give a decision on the basis of its presentation. Before giving its decision, the tribunal shall satisfy itself that it has competence and that the case is well-founded in fact and in law.
(1) Any Party whose Signatory is a disputant shall have the right to intervene and become an additional disputant. Intervention shall be made by written notification to the tribunal and to the other disputants.
(2) Any other Party, any Signatory or the Organization may apply to the tribunal for permission to intervene and become an additional disputant. The tribunal shall grant permission if it determines that the applicant has a substantial interest in the
The tribunal may appoint experts to assist it at the request of a disputant or on its own initiative.
Each Party, each Signatory and the Organization shall provide all information which the tribunal, at the request of a disputant or on its own initiative, determines to be required for the handling and determination of the dispute.
Pending the final decision, the tribunal may indicate any provisional measures which it considers ought to be taken to preserve the respective rights of the disputants.
(1) The decision of the tribunal shall be in accordance with international law and be based on:
(a) The Convention and the Operating Agreement.
(b) Generally accepted principles of law.
(2) The decision of the tribunal, including any reached by agreement of the disputant pursuant to Article 5(7), shall be binding on all the disputants, and shall be carried out by them in good faith. If the Organization is a disputant, and the tribunal decides that a decision of any organ of the Organization is null and void as not being authorized by or in compliance with the Convention and the Operating Agreement, the decision of the tribunal shall be binding on all Parties and Signatories. (3) If a dispute arises as to the meaning or scope of its decision, the tribunal shall construe it at the request of any disputant.
Unless the tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of the members of the tribunal, shall be borne in equal shares by each side. Where a side consists of more than one disputant, the tribunal shall apportion the share of that side among the disputants on that side. Where the Organization is a disputant, its expenses associated with the arbitration shall be regarded as an administrative cost of the Organization.
IMCO Doc. MARSAT/CONF/38, Oct. 27, 1976.
Judicial Settlement; The International
R. Bartlett Moon, representing the United States at the meeting on March 10, 1976, of the Permanent Council of the Organization of American States (OAS) to consider proposed amendments to the OAS