Imagini ale paginilor
PDF
ePub

60. PROPOSALS CONCERNING COASTAL FISHERIES AND THE BREADTH OF THE TERRITORIAL SEA, Approved by the Committee of the Whole, Rejected by the Final Plenary Meeting of the Second U.N. Conference on the Law of the Sea, Geneva, March 17-April 26, 1960 °

First Proposal Adopted by the Committee of the
Whole at Its 28th Meeting on 13 April 1960'

Where a people is overwhelmingly dependent upon its coastal fisheries for its livelihood or economic development and it becomes necessary to limit the total catch of a stock or stocks of fish in areas adjacent to the coastal fisheries zone, the coastal State shall have preferential rights under such limitations to the extent rendered necessary by its dependence on the fishery.

In the case of disagreement, any interested State may initiate the procedure provided for in the Convention on Fishing and Conservation of the Living Resources of the High Seas, adopted by the United Nations Conference on the Law of the Sea of 1958.8

Second Proposal Adopted by the Committee of the Whole at Its 28th Meeting on 13 April 1960, as Amended at the 9th Plenary Meeting of the Conference on 22 April 1960 °

1. A State is entitled to fix the breadth of its territorial sea up to a maximum of six nautical miles measured from the applicable baseline. For the purpose of the present Convention the term mile means a sea mile (1,852 metres) reckoned at sixty to one degree of latitude.

2. A State is entitled to establish a fishing zone in the high seas contiguous to its territorial sea extending to a maximum limit of twelve nautical miles from the baseline from which the breadth of its territorial sea is measured, in which it shall have the same rights in respect of fishing and the exploitation of the living resources of the sea as it has in its territorial sea.

3. Any State whose vessels have made a practice of fishing in the outer six miles of the fishing zone established by the coastal State, in accordance with paragraph 2 above, for the period of five years immediately preceding 1 January 1958, may continue to do so for a period of ten years from 31 October 1960.

For the proceedings and Final Act of this Conference, see U.N. doc. A/CONF.19/8. The proposals printed here are taken from pp. 170 and 173 of that document.

. This proposal, submitted by Iceland, was adopted by the Committee of the Whole by a vote of 31 to 11, with 46 abstentions (including the U.S.). It failed of adoption in plenary by a vote of 25 to 37 (including the U.S.), with 26 abstentions, taken Apr. 26, 1960. (A two-thirds majority was required for adoption of proposals.)

Text in American Foreign Policy: Current Documents, 1958, pp. 276–280. For the text of this proposal, submitted by Canada and the United States, as adopted by the Committee of the Whole by a vote of 43 to 33, with 12 abstentions, see U.N. doc. A/CONF.19/8, p. 170. The text as amended in plenary (A/CONF.19/L.11) failed of adoption by a vote of 54 to 28, with 5 abstentions.

4. The provisions of articles 9 and 11 of the Convention on Fishing and Conservation of the Living Resources of the High Seas, adopted at Geneva on 27 April 1958, shall apply mutatis mutandis to the settlement of any dispute arising out of the application of the foregoing paragraph.

5. The provisions of the present Convention shall not affect conventions or other international agreements already in force, as between States parties to them, or preclude the conclusion of bilateral or multilateral agreements for the purpose of regulating matters of fishing.

[THE CASE CONCERNING THE ARBITRAL AWARD MADE BY THE KING OF SPAIN ON DECEMBER 23, 1906 (HONDURAS v. NICARAGUA): Judgment [of the International Court of Justice] of November 18, 1960 (Excerpt)-Post, doc. 64]

61. FUTURE WORK IN THE FIELD OF THE CODIFICATION AND PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW: Resolution 1505 (XV), Adopted by the U.N. General Assembly, December 12, 1960 10

The General Assembly,

Bearing in mind the purposes and principles of the United Nations, Considering that the conditions prevailing in the world today give increased importance to the role of international law-and its strict and undeviating observance by all Governments-in strengthening international peace, developing friendly and co-operative relations among the nations, settling disputes by peaceful means and advancing economic and social progress throughout the world,

Recalling its resolutions 1236 (XII) of 14 December 1957 11 and 1301 (XIII) of 10 December 1958,12

Mindful of Article 13, paragraph 1, of the Charter of the United Nations, which provides that the General Assembly shall initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification,

Considering the extent of the progress made by the International Law Commission in the codification of topics listed in paragraph 16 of the report covering its first session,13

Expressing its appreciation to the Commission for the work it has accomplished in the field of the codification and progressive development of international law,

10 U.N. General Assembly Official Records, Fifteenth Session, Supplement No. 16 (A/4684), pp. 59-60. This resolution, sponsored by the representatives of 24 of the member states, was adopted unanimously.

"Text in American Foreign Policy: Current Documents, 1957, p. 99. 12 Text ibid., 1958, pp. 131-132.

13 U.N. doc. A/925.

Considering that many new trends in the field of international relations have an impact on the development of international law,

Considering that it is desirable to survey the present state of international law, with a view to ascertaining whether new topics susceptible of codification or conducive to progressive development have arisen, whether priority should be given to any of the topics already included in the Commission's list or whether a broader approach may be called for in the consideration of any of these topics,

Deeming it necessary therefore to reconsider the Commission's programme of work in the light of recent developments in international law and with due regard to the need for promoting friendly relations and cooperation among States,

1. Decides to place the question entitled "Future work in the field of the codification and progressive development of international law” on the provisional agenda of its sixteenth session in order to study and survey the whole field of international law and make necessary suggestions with regard to the preparation of a new list of topics for codification and for the progressive development of international law; 2. Invites Member States to submit in writing to the SecretaryGeneral, before 1 July 1961, any views or suggestions they may have on this question for consideration by the General Assembly.

Part III

WESTERN HEMISPHERE DEVELOPMENTS

THE NORTH AMERICAN REGIONAL

BROADCASTING

AGREEMENT, Signed at Washington, November 15, 1950, Entered Into Force, April 19, 1960 1

1

A. The Organization of American States

[See also the unnumbered title which follows doc. 125, post.]

62. THE BUDGET OF THE ORGANIZATION OF AMERICAN STATES FOR THE FISCAL YEAR JULY 1, 1960-JUNE 30, 1961: Resolution Approved by the Council of the OAS, March 9, 1960 la

THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES RESOLVES:

1TIAS 4460; 11 UST 413. See also S. Ex. A, 82d Cong., 1st sess., Feb. 5, 1951; North American Regional Broadcasting Agreement, Mexican Broadcasting Agreement: Hearing Before A Subcommittee [of the Committee on Foreign Relations, U.S. Senate], 86th Congress, 1st Session, on Executive A, 82d Congress, 1st Session, and Executive G, 85th Congress, 1st Session, July 9, 1959; North American Regional Broadcasting Agreement, Broadcasting Agreement with Mexico: Interim Report Prepared by the Subcommittee on the North American Regional Broadcasting Agreement and the Broadcasting Agreement with Mexico [of the Committee on Foreign Relations, U.S. Senate], August 1959 (Committee print of the Senate Committee on Foreign Relations, 86th Cong., 1st sess.); North American Regional Broadcasting Agreement, Mexican Broadcasting Agreement: Hearing Before A Subcommittee [of the Committee on Foreign Relations, U.S. Senate], 86th Congress, 2d Session, on Executive A, 82d Congress, 1st Session, and Executive G, 85th Congress, 1st Session, January 24, 1960; and S. Ex. Rept. 2, 86th Cong., 2d sess., Feb. 11, 1960.

The Senate gave its consent to ratification of the agreement by a vote of 76 to 8, taken Feb. 23, 1960.

The parties to the agreement are Canada, Cuba, the Dominican Republic, the United Kingdom (for the Bahamas and Jamaica), and the United States. 1 OAS doc. OEA/Ser.G/III/C-sa-362.

[blocks in formation]

1. To approve the work program presented by the Secretary General in the Proposed Program and Budget for the fiscal year ending June 30, 1961, with the changes introduced therein by the Committee on Program and Budget.

2. To appropriate $8,103,212 to meet the expenditures for the fiscal year ending June 30, 1961, and $220,170 to reimburse the Working Capital Fund, as follows:

Chapter

1. Executive Office

2. Department of Economic and Social Affairs

3. Department of Cultural Affairs

4. Department of Legal Affairs

5. Department of Statistics

6. Department of Public Information

7. Department of Technical Cooperation

8. Office of Council and Conference Secretariat Services

9. Office of Publication Services

10. Office of Financial Services

11. Common Staff Costs

12. Common Services

13. Permanent Equipment 14. Debt Service

15. Contingencies

[blocks in formation]

Subtotal-Pan American Union

16. Inter-American Defense Board

Reimbursement to Working Capital Fund:
a. Extraordinary expenditures in connec-
tion with the Second Meeting of the
Special Committee to Study the Form-
ulation of New Measures for Economic
Cooperation (CECE).2 (Doc. C-i-400,
Rev. 2, approved by the Council of the
OAS, April 1, 1959.)
b. To meet expenditures in connection with
CECE Resolution No. 13 (Doc. C-i-
427, Rev. 2, approved by the Council of
the OAS, July 29, 1959).

c. Expenditures in connection with the Fifth
Meeting of Consultation of Ministers of
Foreign Affairs of the American
States (Doc. C-i-426, Rev., approved
by the Council of the OAS, July 24,
1959).

$40,000

45, 670

35,000

'See American Foreign Policy: Current Documents, 1959, pp. 407-431.

Text ibid., pp. 407-409.

'See ibid., pp. 359–373.

« ÎnapoiContinuă »