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From: unitex@rubbs.fidonet.org (unitex)
Newsgroups: misc.headlines.unitex
Subject: <1/2> SPECIAL COMMISSION ON SEA-LAW TRIBUNAL
Message-ID: <2825@ccnysci.UUCP>
Date: 28 Aug 89 23:40:36 GMT
Lines: 79
Approved: patth@sci.ccny.cuny.edu


SPECIAL COMMISSION ON SEA-LAW TRIBUNAL
HEARS DIFFERING VIEWS ON WAIVER OF IMMUNITIES OF TRIBUNAL

     The Special Commission on the International Tribunal for the Law of the
Sea heard differing views yesterday on whether the court itself should
determine its own rules on waiver of immunities or whether directions should
be given to it in a draft protocol on privileges and immunities being written
by the Commission.

     The Secretariat was requested to study the International Court of Justice
model on the subject and report back.  The Commission, known as Special
Commission 4, is working on the protocol for the future Tribunal which would
be based in the Federal Republic of Germany.  It is preparing recommendations
on practical arrangements for the establishment of the Tribunal.

     The Commission has been debating a French proposal -- for inclusion in
the protocol -- providing that the Tribunal alone should be competent to waive
the immunities and that it had the right and duty to do so.

      Also this afternoon, the Commission resumed discussion of another French
proposal covering the reimbursement of duty or tax on purchases of goods and
services by the Tribunal.

     The Commission will next meet at 3 p.m. on Monday, 28 August, to continue
consideration of the two issues and the question of definitions in the
headquarters agreement between the Tribunal and the Federal Republic of
Germany.

     French Amendment to Article 8 on Waiver

     The representative of the United Republic of Tanzania said the position
of the International Court of Justice in the matter of waiver of immunity
could be adopted.  The Court had no express rules on waiver.  The feeling of
the Group of 77 developing countries was that the World Court's line could be
applied.  It seemed adequate and had stood the test of time.

     The representative of Australia said the Tribunal should not be allowed
to formulate rules on waiver of immunity.

     The representative of China said the French proposal should be reframed
in such a way that it would not appear as if the Tribunal had a duty to
institute a waiver.

     The representative of the Netherlands supported the Tanzanian position,
adding that there was no need for an explicit provision in the protocol for a
waiver.

     The representative of the Ukraine said the Tribunal should be on an equal
footing with similar bodies and that it should be in a position to formulate
its own rules on a waiver.

     The representative of the Federal Republic of Germany said she could go
along with the views of Tanzania.

     The representative of Sudan said the Tribunal should be able to make
specific rules for specific purposes.  The existing practice of the
International Court of Justice was good.

     The representative of Colombia said the French proposal was necessary and
should be included in the protocol.  He said there had been in the past 40
years a gradual abuse of international conventions on privileges and
immunities.  The preparation of the protocol provided an opportunity for the
Commission to tighten rules on the subject.

     The representative of Switzerland said she could not support the French
text and that the world court model should be followed.

     The representative of France said the amendment was aimed at enabling the
Tribunal to waive immunity in cases where any of its members committed a

 * Origin: UNITEX --> Toward a United Species (1:107/501)


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