17. The parties will encourage the joint production of feature and documentary films and will cooperate in the field of motion pictures through other means that may be agreed upon.

18. The parties will encourage the establishment of contacts and exchanges of information between film publications and associations of film specialists of the two countries.

19. Each party will encourage the reception of film specialists and films at film festivals or meetings of cinematographers with international participation to be held in its own country.

20. Each party will encourage the sponsoring by appropriate organizations, including film libraries, of a film week devoted to the films of the other country. Film specialists from the other country may be invited to these functions. Organizational and financial details will be established through diplomatic channels or between the corresponding organizations.

21. The parties will encourage the exchange of films and informational materials between the National Film Archives of the Socialist Republic of Romania and appropriate institutions in the United States of America.

There are also Articles of the Program providing for contacts and exchanges with respect to the press, radio, and television, sports, and government, social and professional personnel. For the provisions of the Agreement and the Program dealing with science and technology, see this Ch., § 1, supra, pp. 638–639.

U.S.-Federal Republic of Germany

On January 11, 1974, the United States and the Federal Republic of Germany, through an exchange of notes, reached agreement on the financing of certain educational exchange programs (TIAS 7778; 25 UST 169; entered into force January 11, 1974). The 1974 agreement amends the 1962 U.S.-Federal Republic of Germany agreement for conducting certain educational exchange programs, as amended (TIAS 5518; 15 UST 78; entered into force January 24, 1964).

The text of the 1962 Agreement was amended to update obsolete language on categories of exchanges and financing of the program, to eliminate the need for annual revisions of the expired funding article, to establish a three-year program planning cycle for the binational Commission, to provide for an annual agreement on the budget level, and to set a goal of parity financing.

According to language added to Article 5 of the 1962 Agreement, the two sides agree on the need for long term planning, agree that both governments "shall to the extent possible make sure that financing will be provided on a scale commensurate with the importance and purposes of this Agreement," and direct the Commission to "base its program planning on a three-year period" with the budget of the current academic year as a point of departure.

Article 8 of the agreement now confirms that both governments "have a like interest in maintaining" and financing the joint program "which is therefore a concern of both states." The wording continues: "Proceeding from this basic interest to achieve parity financing, the two governments will come to a yearly agreement as to the amount of

their shares," subject to the availability of legal authorization and required funds.

U.S.-UNRWA

On July 12, 1974, the United States and the United Nations Relief and Works Agency (UNRWA) signed an agreement (TIAS 7922; 25 UST 2426; entered into force July 12, 1974) providing U.S. assistance for elementary school education for Palestinian refugee children. The United States agreed to obligate $4.2 million "for an emergency program to provide, during the period September 1, 1974, to December 31, 1974, all direct recurring costs and an appropriate share of UNRWA's common costs for elementary education for Palestinian refugee children, which otherwise could not be met by UNRWA.” The funds received by UNRWA under the agreement were to be deposited and maintained in a separate account, and UNRWA was obligated to allocate financial resources to the separate account and to solicit contributions to it from other sources. The administration of the emergency program was to be subject to the same audit and other fiscal regulations as other programs administered by UNRWA.

It was also stipulated that the agreement might be amended within its general scope to provide that unused funds could be carried over for continuing the program in 1975, but that the U.S. Government reserved the right to request that any unused funds be returned to the U.S. Treasury.

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Chapter 13

PEACEFUL SETTLEMENT OF DISPUTES

Negotiation; Inquiry; Conciliation; Mediation;
Good Offices

General

On December 12, 1974, the U.N. General Assembly adopted, by a vote of 68 (U.S.)-10–35, Resolution 3283 (XXIX) on the peaceful settlement of international disputes. The draft resolution was introduced by Australia. The U.S. delegation to the United Nations, in announcing its intention to vote in favor of the draft, stated that it "welcome[d] the initiative of the Australian delegation contained in its draft resolution . . . on peaceful settlement of international disputes."

See Dept. of State Bulletin, Vol. LXXII, No. 1857, Jan. 27, 1975, p. 118. The text of G.A. Res. 3283 (XXIX) is as follows:

The General Assembly,

Noting that the Charter of the United Nations obliges Member States to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered,

Recalling in particular that the Security Council is charged under the terms of Article 24 of the Charter with primary responsibility for the maintenance of international peace and security, and that disputes may be brought to the attention of the Council for purposes of pacific settlement under the provisions of Chapter VI of the Charter,

Recalling also that Article 33 of the Charter directs that parties to any dispute, the continuation of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice,

Recalling further that the International Court of Justice is the principal judicial organ of the United Nations and, as such, is available to members for the settlement of legal disputes, that it has recently amended its Rules of Court with a view to simplifying its procedure so as to avoid delays and simplify hearings, and that it may establish chambers to hear and determine cases by summary procedure allowing for the speediest possible settlement of disputes,

Mindful of the existence of other facilities and machinery available for the settlement of disputes by mediation, conciliation, arbitration or judicial settlement, including the Permanent Court of Arbitration at The Hague and established regional agencies or arrangements,

Reaffirming that recourse to peaceful settlement of international disputes shall in no way constitute an unfriendly act between states,

Mindful also of the continuing threat to international peace and security posed by serious disputes of various kinds and the need for early action to

resolve such disputes by resort in the first instance to the means recommended in Article 33 of the Charter.

1. Draws the attention of states to established machinery under the Charter of the United Nations for the peaceful settlement of international disputes; 2. Urges Member States not already parties to instruments establishing the various facilities and machinery available for the peaceful settlement of disputes to consider becoming parties to such instruments and, in the case of the International Court of Justice, recognizes the desirability that states study the possibility of accepting, with as few reservations as possible, the compulsory jurisdiction of the Court in accordance with Article 36 of the Statute of the Court;

3. Calls upon Member States to make full use and seek improved implementation of the means and methods provided for in the Charter of the United Nations and elsewhere for the exclusively peaceful settlement of any dispute or any situation, the continuance of which is likely to endanger the maintenance of international peace and security, including negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, good offices including those of the Secretary-General, or other peaceful means of their own choice;

4. Requests the Secretary-General to prepare an up-to-date report concerning the machinery established under the Charter relating to the peaceful settlement of international disputes, inviting his attention in particular to the following resolutions of the General Assembly:

(a) Resolution 268 D (III) of April 28, 1949, in which the Assembly estab lished the Panel for Inquiry and Conciliation;

(b) Resolution 377 A (V) of November 3, 1950, section B, in which the Assembly established the Peace Observation Commission;

(c) Resolution 1262 (XIII) of November 14, 1958, in which the Assembly considered the question of establishing arbitral procedure for settling disputes; (d) Resolution 2329 (XXII) of December 18, 1967, in which the Assembly established a United Nations register of experts for factfinding;

(e) Resolution 2625 (XXV) of October 24, 1970, in which the Assembly approved the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations;

5. Invites the attention of the Security Council, the Special Committee on Peacekeeping Operations, the International Court of Justice and the Secre tary-General to the present resolution.

Negotiation

The United Nations Security Council, on October 23, 1974, extended the mandate of the United Nations Emergency Force (UNEF) for a six-month period to April 24, 1975. (Resolution 362 (1974)). Ambassador John A. Scali, U.S. Representative to the United Nations, made a statement to the Security Council on October 23 which included the following:

Last year's tragic conflict brought about a realization by the parties that the only realistic means of settling disputes is by a process of step-by-step negotiations based on Security Council resolutions 242 (1967) and 338 (1973). For the first time in 26 years this approach has produced concrete progress towards such a settlement. Significant steps have been taken particularly in the Egyptian-Israeli and the Israeli-Syrian disengagement agreements. The United States has been privileged to participate actively in the negotiating process.

My government is convinced, and the successes of the past year have strengthened our conviction, that the only way to break through existing stalemates and move concretely towards peace is through a progressive series of agreements. Each step helps to change attitudes and create new situations in which further steps towards an equitable and permanent settlement can be agreed upon. The United States pledges to continue strenuous efforts to achieve this goal...

U.N. Doc. S/PV.1799, Oct. 23, 1974, p. 21. See the 1973 Digest, Ch. 14, § 5, pp. 517-521.

On November 21, 1974, Ambassador Scali made a statement to the General Assembly on the question of Palestine, emphasizing the necessity of a negotiated settlement by all the parties concerned, accomplished through "a series of agreements, each substantial enough to represent significant progress, yet each limited enough for governments and peoples to assimilate and accept." The following are excerpts from Ambassador Scali's statement:

The sole alternative to the sterile pursuit of change through violence is negotiation. That path is less dramatic, but in the end it is far more likely to produce acceptable change. The great achievement of the past year has been that the parties to the conflict have at last accepted that alternative, and that they have for the first time begun to make it work. A landmark in this effort, and in Arab-Israeli relations, is set forth in Security Council Resolution 338 (1973), in which the Security Council for the first time called for immediate negotiations

between the parties concerned under appropriate auspices aimed at establishing a just and durable peace..."

The acceptance by the parties of the negotiating process set in motion by Resolution 338 (1973) has led to the convening of the Geneva Peace Conference, and to the subsequent, successful efforts to negotiate separate disengagement agreements between the forces of Egypt and Israel, and Syria and Israel. In each of these disengagement agreements the parties reaffirmed their acceptance of the principle of a step-by-step negotiated settlement. They did so by agreeing to include the following statement as the final paragraph of each accord:

This agreement is not regarded . . . as a final peace agreement. It constitutes a first step toward a final, just and durable peace according to the provisions of Security Council Resolution 338 and within the framework of the Geneva Conference." (S/ 11198, p. 3)

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