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GATT Library | hc492dg2974 | Sixth Committee: Organization : Addendum to the summary record of the Thirt-Seventh Meeting. Held on 10. March at 3.00 p.m | United Nations Conference on Trade and Employment, March 12, 1948 | 12/03/1948 | official documents | E/CONF.2/C.6/SR.37/Add.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/hc492dg2974 | hc492dg2974_90050138.xml | GATT_147 | 1,702 | 11,947 | United Nations Nations Unies . UNRESTRIGTED
CONFERENCE CONFERENCE E/CONF.2/C.6/.
SR. 37/Add.1
ON DU 12 March 1948
TRADE AND EMPLOYMENT: COMMERCE ET DE L'EMPLOI ORIGINAL: ENGISHL
.
SIXTH COMMITTEE: ORGANIZATION
ADDENDUM TO THE SUMMARY RECORD OF THE THIRT-SEVENTH MEETING
Held on 10. March at 3.00 p.m.
The CHAIRMAN announced that as the representative of South Africa had
gone back to his original position, he would put hie amendment to the vote
before the Australian proposal.
TheSouth.Aflrîcan. proposal was.rejected by the Committee. The Australian
proposal and ansndment to the report of the Sub-Comitttee were rejectea by the
Coxminnittee
The Sub-Commitee text, as amended. by the represeative of Guatemala,
was apprcved. At the request of the representative of south Afrioa a
roll.call, was taken on paragraph 3 together with the interpretative note.
It was approved by a majority of 39 to 2 wïth 11 abstentions: the
representatives of Afghanestan, Argentina, Austrian, Brazil, Burma, Canada "
Ceylon, Chile, China, .Colrabia, Cuba, Denmark, Dominioan Republic, Ecuador.,
Egypt,France Greece, Guatemala, Haitï, India, Indonesian Republio ran
Iraq, Italy, Lebanon, Liberia, Mexico, New Zealandl, Norway, Pakistan, Peru,
Philippines, Syria, Trans Jordan, Turkey, Uhited Kingdom, United. States,
Uruguay, and. Venezuela, boing in favour; the representatives of Australia and
South Africa, against; and the representatives of Belgi , Bolivia,
Czechoslovakia.El Salvador Ireland., Netherlanda, Poland, Portugal.
Southern Rhodesia, Sweden, and Switzerland, abstaining. .:.
Subject to.the reaervation of the. representative of South Afrioa, the
toxt of Article 83 A as a hole and the report concerning it, were approved
.by.the Committe.
ARTICLE 94 GENERL EXCEPTIONS
the reprepentatives of India and Iraq withdrew their reservation on
Article 94. The representatiIe of.Italy maintained. his reservation on
paragraph 2 (a), The representative of Turkey reBerved hispasition pending
the outoome.on ArtiIgoe 16 and. the receipt of either inatructions from his
Subject to his above-mentioned reservations, Article 94 was approved by
the Comittee. .. . E/CONF.2/C.6/SR.37/Add.1
Page 2
ANNEX OO SPECIAL PROVISIONS REGARDING INDIA AND PAKISTAN
The representatives of India and Pakistan confirmed the remarked of the
representative of Afghanistan to the effect that the "speciall agreements"
mentioned in the Annex could. concern only the trade between those two countries
and not trade in goods in transit.
Anne 00 was approved by the Committee.
EXPLANTORY NOTE TO ARTICIE 99 PROPOSED BY THE DELEGATION OF GUATEMAIA
(Document E/CONF.2/C.6/101)
Mr. FEDRANO (Argentina) warmly supported the proposal of the
representative of Guatemals. In his opinion, its adoption would safeguard.
the rights of countries in connection with territorial disputes and would.
make any future discussions on such questions unneceesery.
The explanatory note was approved by the Committee.
The representatives of Argentine, Guatemala, El Salvador and Mexico
withdrew their reservations concerning Article 99.
AMEN9MENT TO ARTICLE 93 PUT FORWARD BY TEE REPRESENTATIVES OF CIZLE AND PERU
(Document E/CCNF.2/C.6/lo6)
Mr. MULLER (Chile) explained that the amendment removed the prohibition
thet no agreements could be concludeed with non-Members under the term of
Articles 15 and. 42. It would ensure, however, that in connection with such
agreements non-Mambere would accept the same obligations as Members. In reply
to the representative of the United States, he said that ho meant the
obligations contained in Articles 15 and 42 only, as no non-Member could be
expected to accept all of the obligations of the Charter.
Mr. EVANS (United- States) said that Article 93 which would. not pemlt
preferential agreements, customs unions or free trade- areas between Members
and non-Membere, represented a delicately worked out compromise which would
be destroyed by the adoption of the amendment. A more important- point was
the fact that in hie opinion the amendment would make for a substantiae change
in the compromise solution put forward by the Co-ordinating Committee uad.
adopted by the Heads of Delegations.
Mr. Evans drew attention to several passages In the Charter were the use
of the word "Membere" incicatei that only preferential agreements between
Members had boan contemplated. and that theréfore the insertion of the vards
betweenn Members" in Article 15 (4) had oniy clarified and not changed the
meaning of the Article.
Ho asured, the representative 'of Chile that the United States delegation
never vould have accepted the automatic criteria if the question of' non-Members
had been involved, and the suggestion that they ahould. lie bound. by the tarme
of Articles 15 and 42 vas not eufficient..-
/Te case E/CONF.2/C.6/SR/37/Add.1
Pege 3
The case concerning Article 42 was similar to that concerning Article 15;
the Organization would be dependent upon the general obligations of the charter
to ensure that Members would abstain from abuses.
In actual fact, the amendment was subestantively connected, with Article 15,
the terms of which, already had . been accepted by the vast majority of
delegations present.
Mr. MULLER (Chile) drew the United States' representative's attention to
the fact that the word. "Members" vas ueed in countless passages of the.Charter
but that 'that did not mean thet non-Members were to be excluded from its scope.
When the qu-estion hed come up for discussion at end of Co-ordinatins Committee,
it has been clearly decided that it should. be referred to the Committee on
Article 93, as a problem completely separate from the overall settlement,
Mr. KOJEVE (France) asked whether an agreement which conformed to the
Proviaiona, of the Charter should. be forbidden on the ground that it had been
concluded with a ni-Member. The general concept of Article 93 surely was that
no distinction should be drawn between Membere and non-Mombera when there was
no need for It. Notaes an amendment but rather as a question, he suggested.
the sddition, to Article 93 of the word "provided that the agreements in
question do not compel the Members, parties to.the Agreement, to act in
contravention of the Charter."
Mr.-FEDRANO (Argentine) supported the amendment from the practical point
of view because it was impossible to foresee which particular countries were'
going to become Members. He elao supported it because of the terme of
Article 93 (1) which read: 'Nothing in this Charter shaIl. preclude eny Member
fro..maintainxing economic relations with non-Members". If it was accepted that
normal economic-relatione should. continue between Members end non-Membere, it
had also to be recognized thet the special circumetanceo of the need for
economic development or reconstruction vould make necessary the adoption of
spécial measures.
Mr. ALYEA.(Peru) pointed out that Article 15 '(1) origineally hed. contained
the wordsa"batween tountriess"; that indicated the spirit of the Artiole, for
the word "countries" was ussedm est. infrequently ln the C!'arter. The attitude
of the United. Stata delegation hed not received unanimous support in the
Co-ordinatina Committee for both the Peruvian and Chilean representstives had.
raiasd the question end the Chairmen had ruled thet it aho-ld be deferred to
the Comzittee on Article 93. It was e siarepresentation of fects to suegest
thet this queation had been decided during the Conference.,
' -The Peruvien delegation hed. always been opposed to preferences but vithout
the elimination of existing arrangements, the Peruvien Government would be
forced. to seekthem Article 93 did not preclude the establishment of
/preferential E/CONF.2/C.6/SR.37/Add.1
Page 4
preferential arrangements with non-Members for paragraph 2 (b) contained the
words subject to the provisions of Chapter. IV".
Mr. Alayza drew attention to several exchanges of yiews which had taken
place in a Sub-Committee on Article 93 concerning non-discriminatory treatmnte
for Members and non-Membera. In his opinion a non-Member could not be .
expected. to refrain frow eatablilshing quotas, etc. If it was clear that it,
would. not receive any of the benefits of the Charter..
.The amendment put forward by the Chilean .reparesentative.and bjmeelf.
contained safeguarde and at the same time it made it clear that Member could
not act in the oapaclty of inspectore. of the activities. of non.Members.
Mr. GUTIERREZ (Bollvia). said that as for economic development or. political
reasons agreements with non.Membera might be essentisl, he supported the
amendment. .. .
Mr. CHIRIBCGA. (Ecuador) etated that he baid received explicitlnus instructinso
to support any suggestion from Latin-American.representativee concernini the.
desirability of preferential arrangements. Certain Latin-American countrie.s
would not be able to become Members and the door should be left open to . them
and to other countries in a similar position. e wermly -supported the
ameniment. .
Mr. GAIFFIER (Belglum) expressed . the view that the adoption of the
amenndment would.be tantamount to establishing a third.group.of countries that
is those which were both non-Membero and Membera for they would uptgrteke
similar obliïgtions to Members.and. hence would. also need. a moral code to .
effect that only preferences which did not injure. other countries should be
established.
Mr. EVANS unitedd Statee) pointed out, that ha was not suggesting thatno
preferèntial arrangements should be made with non-Members; they would be
permitted by a two-thirde majority vote. In special cases where-the
Orgenization was deprived of the right to pass judgment, however, only Member s
should be concerned. He, was not proposing any amendment to Article 93 an d
both Articles 15 and. 42 were acceptable to his delogation. Np one had besn
able, however, to offer a satisfactory explanation of how an obligation to
fulfil the provisions of Articles 15. and 42 would be of. any assistance in the
case of a non-Mewber which could, If it so desired, indulge In discriminatory
practices.
Mr. CHARLONE (Uruguay) was sorry to have to differ with the Peruvisn.
Chllean representatives.. He could not support the establiboeept of
preferences for economic development although he recoenized.,the juetification
of the cases put forwerd by the Centrll American and. Arr countries His
country was a small one which had been..the viotio-of trading preferenes and
the most-fevoured.-nation clanse was the only benefit which it would gain from-
the Charter.
the (Poland) E /CONF.2/C.6/SR.37/Add.1
Page 5
Mr. BLUSZTAJN (Poland) had reserved his position on Article 93 because,
in his opinion, Alteiniative A of the Geneva draft would provide the only
method of solving this question. There was also a Polish reservation on
Article 15, to which article his delegation was going to submit an amendment.
He drew attention to the discussion which had taken place in the Sub-
Committee in -which it had been decided that the recognition of existing
preferances under the provisions of Article 16 (2) (3) would not be conditional
on whether all the parties to particular agreement were or were not Members. |
|
GATT Library | tr216xj6075 | Sixth Committee: Organization : Agenda for the Thirtieth Meeting. To be held Friday, 27 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 25, 1948 | 25/02/1948 | official documents | E/CONF.2/C.6/84 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/tr216xj6075 | tr216xj6075_90050011.xml | GATT_147 | 189 | 1,390 | United Nations Nations Unies
CONFERENCE CONFERENCE 25 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THIRTEIH MEETING
To be Held Friday, 27 February 1948 at 10.30 a.m.
1. Amendment to sub-paragraph (d) of Article 69 and paragraph 5 of
Article 74 proposed by the delegation of the United States
(document E/CONF.2/C.6/12/Add.19).
2. Report of the Sub-Committee on Chapter VIII document E/CONF.2/C.6/83).
3. Report of the Sub-Committee on Articles 95, 96, 98, 99 and 100 upon
the amendment proposed by the delegation of the United States to
Article 99 (document E/CONF.2/C.6/12/Add.10 and C.6/80).
4. Report of the Sub-Committee on Articles 95, 96, 98, 99 and 100 upon
the amendment to Article 99 proposed by the delegation of the
United Kingdom (documents E/CONF.2/C.6/12/Add.13 and C.6/82).
5. Explanatory Note to Article 99 proposed by the delegation of
Guatemala (document E/CONF. 2/C .6/12/Add.22 ).
6. Report of the Working Party on paragraph 2 of Article 98 (document
E/CONF.2/C.6/79).
7. Second reading of paragraphs 3, 4, 5, 6 and 7 of Article 74 (Powers
and Duties of the Conference) (documents E/CONF.2/C.6/20 and 25). |
|
GATT Library | fh714sd3239 | Sixth Committee: Organization : Agenda for the Thirty-Eighth Meeting. To be Held 11 March 1948 at 10.3.0 a.m | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.6/108 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/fh714sd3239 | fh714sd3239_90050051.xml | GATT_147 | 170 | 1,329 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE 10 March 1948
ON DU ENGLISH - FRENCH ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THIRTY -EIGHTH MEETING
To be Held 11 March 1948 at 10.3.0 a.m.
1. Continuation of the discussion of the amendment to Article 93 proposed
by the delegations of Chile and Peru (documents E/CONF.2/C.6/96 and
c.6/106).
2. Discussion of the Report of the Ad Hoc Sub-Committee upon paragraph 5
of Article 1 (document E/CONP.2/C.6/107).
3. Consideration of the Draft Report (documents E/CONF.2/C.6/103,
C.6/103/Add.1, C.6/103/Add.2 and C.6/103/Add.3).
SIXIEME COMMISSION: ORGANIZATION
ORDRE DU JOUR DE LA TRENTE-HUTTIEME SEANCE
qui so tiondra lo 11 mars 1948 à 10 h.30
1. Suite do la discussion do l'amondomont à l'article 93, proposé par les
délégations du Chili et du Pérou (documents E/CONF.2/C.6/96 ot C.6/106).
2. Discussion du rapport do la Sous-Commission ad hoc chargée do l'oxamen
du paragraph 5 dc l'article 1 (document E/CONF.2/C.6/37).
3. Examon du projet de rapport documents E/CONF.2/C.6/103, C.6/103/Add.1,
C.6/103/Add.2 ot C.6/103/Add.3). |
|
GATT Library | hy030zd2886 | Sixth Committee: Organization : Agenda for the Thirty-Fifth Meeting (Date to be announced) | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/C.6/102 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hy030zd2886 | hy030zd2886_90050035.xml | GATT_147 | 134 | 1,170 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/102
ON DU 5 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THIRTY-FIFTH MEETING (DATE TO BE ANNOUNCED)
1. Amendment to paragraph 2 of Article 93 (Relations with Non-Members).
proposed by Chairman of Sub-Committee and the representative of Chile
(documents /CONF.2/C.6/96 and C. 6/96/Add.1).
2. Continuation of discussion of the Report of the Sub-Commiittee on
Article 1 (Purpose and Objectives) (document E/CONF.2/C.6/98).
3. Consideration of the Proposals of the delegations of Argentina and
Czechoslovakia regarding Article 69 (Functions) (document E/CONF.2/C.6/88).
4. Insertion of dates in Article 68 (Membership) (documents E/CONF.2/C.6/70.
and C.6/88).
5. Continuation of discussion of the Report of the Sub-Committee no
Article 94 (General Exceptions) (document E/CONF.2/C.6/93).
6. Consideration of the Draft Report (to be circulated). |
|
GATT Library | bg447py9429 | Sixth Committee: Organization : Agenda for the Thirty-Fifth Meeting (Date to be announced) | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/C.6/102/Rev.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/bg447py9429 | bg447py9429_90050036.xml | GATT_147 | 268 | 2,139 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF .2/C.6/102/
ON DU Rev.1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THIRTY-FIFTH MEETING (DATE TO BE ANNOUNCED)
1. Amendment to paragraph 2 of Article 93 (Relations with Non-Members).
proposed by Chairman of Sub-Committee and the representative of Chile
(documents E/CONF,2/C.6/96 and C.6/96/Add.1).
2. Continuation of discussion of the Report of the Sub-Committee on
Article: 94 (General Exceptions) (document E/CONF.2/C.6/93).
3. Continuation of discussion of the Report of the Sub-Committee on
Article 1 (Purpose and Objectives) (document.E/CONF.2/C.6/98).
4. Consideration of the Proposals of the delegations of Argantina and
Czechoslovakia regarding Article 69 (Functions) (document E/CONF.2/C.6/88)
5. Insertion of dates in Article 68 (Membership) (documents E/CONF.2/C.6/70
and C.6/88).
6. Consideration of the Draft Report (to be circulated). E/CONF.2/C.6/102/Rev. 1 English-French
Page 2
SIXIEME COMMISSION : ORGANISATION
ORDRE DU JOUR DE LA TRENTE-CINQUIEME SEANCE
(La date sera communiquée ultérieurement)
1. Amendement au paragraphe 2 de l'article 93 (Relations avec les Etats
non Membres) proposé par le Président, de la Sous-Commission et le
représentant du Chili (documents E/CONF.2/C.6/96 et C.6/96/Add. 1).
2. Suite de la discussion du rapport de la Sous-Commission charge
d'étudier l'article 94 (Exceptions génrales) (document
E/CONF.2/C.6/93).
3 . Suite de la discussion du rapport de la Sous-Commission charge
d'étudier l'article premier (But général et objectifs) (document
E/CONF .2/C .6/98).
4. Examen des propositions présentées par les délégations de l'Argentine
et de la Tchécoslovaquie relativement à l'article 69 (Fonctions)
(document E/CONF .2/C.6/88).
5. Insertion des dates à l'article 68 (Membres) (documents E/CONF.2/C.6/70
et C.6/88).
6. Examen du projet de rapport (à distribuer). |
|
GATT Library | vj661mm8193 | Sixth Committee: Organization : Agenda for the Thirty-First Meeting. To be Held Saturday, 28 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 27, 1948 | 27/02/1948 | official documents | E/CONF.2/C.6/85 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/vj661mm8193 | vj661mm8193_90050012.xml | GATT_147 | 169 | 1,265 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C. 6/85
ON DU 27 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 0RIGINAL: ENGLISH
SIXTH C0MMITTEE: ORGANIZATION
AGENDA FOR THE THIRTY-FIRST MEETING
To be Held Saturday, 28 February 1948 at 10.30 a.m.
1. Continuation of Dicussion of the Report of the Sub-Committee on
Chapter VIII (document E/CONF.2/C.6/63).
2. Report of the Sub-Committtee on Articles 95, 96,98, 99 and 100 upon
the amendment proposed by the delegation of the United States to
Article 99 (documents E/C0NF.2/C.6/12/Add.10 and c.6/80).
3. Report of the Sub-Committee on Articles 93, 96, 98, 99 and 100 upon
the amendment to Article 99 proposed by the delegation of the
United Kingdom documents E/CONF.2/C.6/12/Add.13 and C.6/82).
4. Explanatory Note to Article 99 proposed by the delegation of
Guatemala. (document E/CONF. 2/C.6/12/Add.22).
5. Report of the Working Party on paragraph 2 of Article 98 (document
3/CONF.2/C.6/79).
6. Second reading of paragraphs 3. 4. 5. 6. and 7 of Article 74 (Powers
and Duties of the Conference) (documents E/CONF.2/C.6/20 and 25). |
|
GATT Library | kk899py5863 | Sixth Committee: Organization : Agenda for the Thirty-Ninth Meeting. To be Held 13 March 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/109 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/kk899py5863 | kk899py5863_90050052.xml | GATT_147 | 149 | 1,289 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/109
ON DU 11 March -1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THIRTY-NINTH MEETING
To be Held 13 March 1948 at 10.30 a.m.
1. Consideration of the Draft Report documents E/CONF.2/C.6/103,
C.6/103/Add.1, C.6/103/Add.1/Corr.1, C.6/103/Add.2, C.6/103/Add.3
C.6/103/Add.4 and C.6/103/Add.5)
2. Consideration of the Report of the Working Party on the Interim Commission
(to be circulated)
3. Consideration of the Report of the Drafting Committee on Chapter VIII
(document E/CONF.2/C.8/11).
SIXIEME COMMISSION : ORGANISATION
ORDRE DU JOUR DE LA TRENTE-NEUVIEME SEANCE
qui sera tenue le 13 mars 1948, à 10h.30
1. Examen du project de rapport. (document E/CONF.2/C.6/103,
C.6/103/Add.1, C.6/103/Add.1/Corr.1, C.6/103/Add.2, C.6/103/Add.3,
C.6/103/Add.4 et C.6/103/Add.5)
2. Examen du rapport du Groupe de travail chargé de la Commission intérimaire
(à distribuer)
3. Examen du rapport du Comité de rédaction relativement au chapitre VIII
(Document E/CONF.2/C.8/11). |
|
GATT Library | dr960yz8387 | Sixth Committee: Organization : Agenda for the Thirty-Second Meeting. To be Held Monday, 1 March 1948 at 2.30 p.m | United Nations Conference on Trade and Employment, February 28, 1948 | 28/02/1948 | official documents | E/CONF.2/C.6/87 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/dr960yz8387 | dr960yz8387_90050014.xml | GATT_147 | 170 | 1,311 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/C0NF.2/C .6/87
ON DU 28 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMTTEE: ORGANIZATION
AGENDA FOR THE THIRTY-SECOND MEETING
To be Held Monday, 1 March 1948 at 2.30 p.m.
1. Discussion of the Amedment to the Annex to Article 95 Proposed by
the delegation of the United Kingdom (documents E/CONF.2/C.6/83 and
E/CONF.2/C .6/83/Add.1).
2. Report of the Sub-Committee on Article 95, 96, 98, 99 and 100 upon
the amendment to Article 99 proposed. by the delegation of the
United Kingdom (documents E/CONF.2/C.6/12/Add.13 end c.6/82).
3. Explanatory Note to Article 99 proposed by the delegation of Guatemala
(document E/CONF.2/C.6/12/Add.22).
4. Report of the Working Party on paragraph 2 of Article 98
documentt E/CONF.2/C.6/79).
5. Second reading of paragraphs 3, 4, 5, 6 and 7 of Article 74
(Powers and Duties of the Conference) (documents E/CONF.2/C.6/20,
c.6/25 and c.6/86).
6. Further discussion of the Report of the Sub-Committee on Article 75
(Composition of the Executive Board) (documents E/CONF.2/c.6/53 and
c.6/53/Corr.1). |
|
GATT Library | mg347mv3761 | Sixth Committee: Organization : Agenda for the Thirty-Sixth Meeting. To be Held 10 March 1948 at 4.00 p.m | United Nations Conference on Trade and Employment, March 9, 1948 | 09/03/1948 | official documents | E/CONF.2/C.6/105 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/mg347mv3761 | mg347mv3761_90050048.xml | GATT_147 | 197 | 1,625 | United Nations Nations Unies UNRESTRCTEDI
CONFERENCE CONFERENCE E/CONF.2/C.6/105
ON DU ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGISH
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THJRTY-SIXTH MEETING
To be Held 10 March 1948 at 4.00 pm.
1. Proposal of the delegation of Mexico to insert a new paragraph 2
in Article 1 (document E/CONF.2/C.6/98/Add.1).
2. Further discussion of the Report of the Sub-Committee on Article 94
(General Exceptions) (documents E/CONF.2/C.6/93, C.6/93/Add.2,
C.6/93/Add.3, C.6/93/Add.4 and C.6/104).
3. Proposal of the delegation of Guatemala for an explanatory note
to Article 99 (document E/CONF.2/C.6/l0l).
4. Consideration of the Draft Report document E/CONF.2/C.6/103,
C.6/103/Add.1 and C.6/103/Add.2).
SIXIEME COMMISSION : ORGANISATION
ORDRE DU JOUR DE LA TRENTE-SIXIEME SEANCE
qui se tiendra le 10 mars 1948 à 16 heures.
1. Proposition de la délégation du Mexique visant à insérer un nouveau
paragraphe 2 à l'article premier (document E/CONF.2/C.6/98/Add.1).
2. Suite de la discussion du rapport de la Sous-Commission charge
d'étudior l'article 94 (Exceptions gTnTrales) (documents E/CONF.2/C.6/93,
C.6/93/Add.2, C.6/93/Add.3, C.6/93/Add.4 et C.6/104).
3. Proposition de la délégation du Guatomala visant à ajouter neu
note explicative à l'article 99 (document E/CC.NF.2/C.6/101).
4. Examen du projet de rapport (documents E/CONF.2/C.6/103, C.6/103/Add.1
et C.6/103/Add.2). |
|
GATT Library | cp939fb3883 | Sixth Committee: Organization : Agenda for the Thirty-Third Meeting. To be held Thursday, 4 March 1948 at 2.30 p.m | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/95 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/cp939fb3883 | cp939fb3883_90050026.xml | GATT_147 | 183 | 1,382 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED
ON DU E/CONF.2/C.6/95
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 2 March 1948
ORIGINAL: ENGLISH
SlXTH COMMITTEE: ORGANIZATION
AGENDA FOR THE THIRTY-THIRD MEETING
To be Held Thursda.y, 4 March 1948 at 2.30 p.m.
1. Consideration of the text contained in Annex E to the Report of the
Joint Sub-Committee of the Second. and Sixth Committees
(document E/CONF.2/C.6/72).
2. Further consideration of the Report of the Sub-Committee on Article 75
(Composition of the Executive Board) (documents E/CONF.2/C.6/53 and
C.6/53/Corr.1).
3. Consideration of the recommendation of the General Committee regarding
a new Article in Chapter IX (document E/CONF.2/C.6/94).
4. Consideration of the Report of the Working Party on the question of
Condominia document E/CONF.2/C.6/92).
5. Second. reading of paragraphs 1 and 2 of Article 74 (Powers and Duties.
of the Conference) (page 12 of document E/CONF.2/45).
6. Second reading of Article 70 (Structure) (page 12 of document E/CONF.2/45).
7. Second reading of Article 81 (the Tariff Committee) (page 13 of
document E/CONF.2/45).
8. Consideration of the Report of the Sub-Committee on Article 94
(General Exception) (document E/CONF.2/C .6/93). |
|
GATT Library | pk304dw5973 | Sixth Committee: Organization : Agenda for the Twenty-Ninth Meeting. To be Held Wednesday, 18 February 1948, at 4.00 p.m | United Nations Conference on Trade and Employment, February 16, 1948 | 16/02/1948 | official documents | E/CONF.2/C.6/76 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pk304dw5973 | pk304dw5973_90050001.xml | GATT_147 | 95 | 653 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/0.6/76
16 February 1948
ORIGINAL: ENGLISH
AGENDA FOR THE TWENTY-NINTH MEETING
To be Held Wednesday, 18 February 1948, at 4.00 p.m.
1. Dicussion of the Report of the Sub-Committee on paragraphs 1 and 2
of Article 83 (document E/CONF.2/0.6/74)
2. Discussion of the Report of the Ad Hoc Committee on paragraph (c) (i)
of Article 69 (document E/CONF.2/0.6/75)
3. Consideration of the Report of the Sub-Committee on Article 75
(Composition of the Executive Board) (document E/CONF. 2/0.6/53 and
Corrigendum). |
|
GATT Library | zs049ws1540 | Sixth Committee: Organization : Agenda for Thirty-Fourth Meeting. To be Held, Thursday, 4 March 1948 at 4.00 p.m | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/97 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/zs049ws1540 | zs049ws1540_90050029.xml | GATT_147 | 118 | 906 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.6/97
DU 3 March 1948
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
AGENDA FOR THIRTY-FOURTH MEETING
To be Held. Thursday, 4 March 1948 at 4.00 p.m.
1. Consideration of any items remaining from the agenda of the
Thirty-Third, Meeting.
2. Consideration of the Report of the Sub-Committee on Article 93
(Relations with Non-Members) (document E/CONF.2/C.6/96).
3. Consideration, of the Report of the Sub-Committee on Article 1
(Purpose and Objectives) (document E/CONF.2/C.6/98).
4. Consideration of the proposals by the delegations of Argentina and
Czechoslovakia regarding Article 69 (Functions)
document E/CONF.2/C.6/88),and insertion of dates in paragraphs 1 (a)
and (b) of Article 68 (document E/CONF.2/C.6/70 and C.6/88) |
|
GATT Library | fm148yv4162 | Sixth Committee: Organization : Amendment proposed by the South African delegation proposed new Article 83A | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/100 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/fm148yv4162 | fm148yv4162_90050033.xml | GATT_147 | 108 | 731 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C .6/100
3 March 1948
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
AMENDMENT PROPOSED BY THE SOUTH AFRICAN DELEGATION
PROPOSED NEW ARTICLE 83A
(a) Delete paragraph 3 and the Interpretative footnote.
(b) Insert following text as paragraph 3:
" Members recognize that the Organization should.
not attempt to take action which would involve
passing judgment, in whole or in part, on essentially
political issues. If a complaint is referred. to the
Organization on a matter which is on the agenda of the
United. Nation, the Organization shall refer such
complaint to the United Nations." |
|
GATT Library | md761nw1058 | Sixth Committee: Organization : Amendment to Articie 93 (Relations with non-members) | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/C.6/96/Add.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/md761nw1058 | md761nw1058_90050028.xml | GATT_147 | 128 | 877 | United Nations Nations Unies
CONFERENCE E/CONF.2/C.6/96/
ON DU
Add.1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 5 Mmarch 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE; ORGANIZATION
AMENDMENT TO ARTICIE 93 (RELATIONS WITH NON-MEMBERS)
The following amendment to Article 93 is suggested by the Chairman
of the Sub-Committee after consultation with the representative of Chile:
Add after the word "seek" in paragraph 2 the phrase "except as
provided in Article 15".
SIXIEME COMMISSION ORGANISATION
AMENDEMENT A L'ARTICLE 93 (RELATIONS AVEC LES ETATS NON MEMBERS)
Le Président de la Sous-Commission, après en avoir conféré vec le
representant du Chili propose la modification suivante à l'article 93
Au paragraphe 2, après les mots" de chercher à conclure "a jouter
les mots " sauf dans les cas prévus à l'article 15". |
|
GATT Library | xy716jt8108 | Sixth Committee: Organization : Amendment to comments upon Article 93 by the delegation the United Kingdom | United Nations Conference on Trade and Employment, March 14, 1948 | 14/03/1948 | official documents | E/CONF.2/C.6/103/Add.6 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/xy716jt8108 | xy716jt8108_90050045.xml | GATT_147 | 111 | 748 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICEDT
E/CONF.2/C.6/103/
Add.6
14 March 1948
0RIGINAL: ENGLIHS
SIXTH COMMITTEE: ORGANIZATION
AMENDMENT TO COMMENTS UPON ARTICLE 93 BY
THE DELEGATION THE UNITED KINGDOM
E/C0NF.2/C.6/103 contains Part I of the draft report of Committee VI.
The United Kingdom delegation wishes to propose the addition of the
following sentence at the end of sub-paragraph (b) of the section dealing
with Article 93 (page 5):
"The Committee further understands that sub-paragraph (a) of
paragraph 2 is not Intended to apply to transactions which fall
within the scope of Article 30 and which comply with the provisions
of that article." |
|
GATT Library | jm123yr0635 | Sixth Committee: Organization : Amendment to the annex to Article 95 proposed by the delegation of the United Kingdom delegation | United Nations Conference on Trade and Employment, February 28, 1948 | 28/02/1948 | official documents | E/CONF.2/C.6/83/Add.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/jm123yr0635 | jm123yr0635_90050010.xml | GATT_147 | 113 | 742 | United Nations
CONFERECEN
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRCTEDI
E/CONF.2/C.6/83/
Add.1
28 February 1948
ORIGINAL:. ENGISHL
SIXTH COMMITTEE: ORGANIZAIONT
AMENDMENT TO THE TO ARTICLE 95 PROPOSED BY HE DELEGATIONT
OF THE UNITED KIGDOMN
DELEGTIONA
At tho conclusion of the text of the Annex to Article 95 (see page 9
of documont E/CONF.2/C.6/83) add the folloving words:
"and Provided further that, If such amendment involves an alteration
in the obligations of Members any Member which does not wish to
accept it may withdraw frow tho Organization upon tho expiry of
sixty days from the day on which written notice of such withdrawal
is received by the Director-General." |
|
GATT Library | zf912zw9161 | Sixth Committee: Organization : Australia: Suggestiion regarding report upon Article 93 | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/103/Add.7 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/zf912zw9161 | zf912zw9161_90050046.xml | GATT_147 | 89 | 645 | United Nations
CONFENCE
ON
TRADE AND EMPLOYENTM
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMLOIP
UNRESTRICTED
E/CONF. 2/C.6/103/
Add.7
16 March 1948
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATINO
AUSTRALIA.: SUGGESTIION REGARDING REPORT UPON ARTICL 93E
The delegation of Australia
substituted for that proposed by
document E/CONF.2/C.6/103/Add.6:
"The Cmmittee further
used in sub-paragraph 2 (a)
quantities of any commodity
suggets that the following wording be
the delegation of the united kingdom in
understands that the term "benefit" s a
of Article 93 does not refer to the
involved in such arrangement." |
|
GATT Library | sw643jv7697 | Sixth Committee: Organization : Check list of documents issued from 26 November 1947 to 19 March. Prepared by the Document Division | United Nations Conference on Trade and Employment, March 21, 1948 | 21/03/1948 | official documents | E/CONF.2/C.6/112 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/sw643jv7697 | sw643jv7697_90050056.xml | GATT_147 | 7,785 | 55,229 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.6/112
21 March 1948
ENGLISH ONLY
SIXTH COMMITTEE: ORGANIZATION
CHECK LIST OF DOCUMENTS ISSUED FROM 26 NOVEMBER 1947 TO 19 MARCH
Prepared by the Document Division
I. DOCUMENTS (E/CONF.2/C.6)
Document
Number Short Title Language
1 Amendments Proposed to Article 68 E F
2 Preliminary Annotated Draft Agenda E F
2/Add.1 Italy: Proposed Amendments E F
2/Add.2 Italy: Proposed Amendments E F
2/Add.3 Draft Charter - Chile: Proposed Amendments E F
2/Add.4 Draft Charter - Uruguay: Proposed Amendment E F
2/Add.5 Draft Charter - Pakistan: Proposed Amendment E F
2/Add.6 Draft Charter - Peru: Proposed Amendments E F
2/Add.7 Draft Charter - India: Proposed Amendment E F
2/Add.7/Corr.1 Draft Charter - India: Proposed Amendment E& F
2/Add.8 Draft Charter - United States: Proposed E F
Amendment
2/Add.9 Draft Charter - Colombia: Proposed Amendment E F
2/Add.10 Draft Charter - Mexico: Proposed Amendments E F
2/Add.10/Corr.1 Corrigendum to the Mexican Proposed Amendments E& F
2/Add.11 Draft Charter - Italy: Proposed Amendment E F
2/Add.12 Draft Charter - Australia: Proposed Amendments E F
/2Add.13 E/CONF.2/C.6/112
Page 2
Document
Number
2/Add.13
2/Add.14
2/Add.15
2/Add.16
2/Add.17
2/Add.18
2/Add.19
2/Add. 20
2/Add.21
2/Add.22
2/Add.23
2/Add.24
Short Title Language
Draft Charter - Bolivia: Proposed Amendment E &F
Draft Charter - Mexico: Proposed Amendment E F
Draft Charter - Norway: Proposed Amendment E F
Draft Charter - India: Proposed Amendment E F
Draft Charter - Uruguary: Propsoed Amendments E F
Draft Charter - Mexico: Proposed Amendments E F
Draft Charter - Sweden: Proposed Amendment E F
Draft Charter - Egypt: Proposed Amendment E F
Draft Charter - Iraq: Proposed Amendment E F
Draft Charter - Ecuador: Proposed Amendment E &F
Draft Charter - Costa Rica: Proposed Amendments E F
Draft Charter - Cuba: Proposed Amendments E F
.
.
.
.
.
.
.
.
.
.
.
3 Delegation of Belgium: Proposed Revised Draft E &F
of Paragraph 1 of Amendment
3/Corr.1 Corrigendum by Delegation of Belgium to their E only
Revised Draft of Paragraph 1
4 Agenda for the Fourth Meeting - To be Held: E &F
4 December 1947
5 Texts of Article 68 and Article 69 as adopted E F
at First Reading on 4 December 1947
5/Corr.1 Corrigendum to Text of Article 69 in Document E &F
E/CONF.2/C.6/5
6 Agenda for the Fifth Meeting - Held E F
5 December 1947, at 10.30 a.m. E F
7 Agenda for the Sixth Meeting - Held E &F
6 December 1947 at 10.30 a.m. E &F
8 Text of Article 71 as adopted at First E F
Reading on 6 December 1947 E F
9 Agenda for the Seventh Meeting - To be Held E &F
10 Terms of Reference and Membership of Joint E F
Sub-Committee of Committees Il and VI
11 Agenda for the Eighth Meeting - Held E &F
9 December 1947 at 10.30 a.m.
Annotated Draft Agenda E F S
/12/Corr.1 E/CONF.2/C.6/I12
Page 3
Annotated Draft Agenda - Pakitstan:
Corrigendum to Amendment to Article 75
Corrigendum au Projet D'Ordre du Jour
Annote
Correction to Annotated Draft Agenda
Addendum to Annotated Agenda
Ecuador: Addendum to Annotated Agenda
Amendments Proposed by the Delegation of
Czechoslovakis
India: Proposed Amendment to Article 89
Czechoslovakia:. Proposed Amendment to
Pragraphs 1 and 2 of Article 74
Amendment to Article 83 Proposed by the
Delegation of Ireland
Amendments Relating to the Functions and
Composition of the Tariff Committee Suggested
by the Delegation of China
Czechoslovakian Amendment to Article 94 and
Counter Proposal to the Italian Proposal
Regarding Article 16 Issued in Document
E/CONF.2/11/Add.18
Iraq: Amendment to Article 94
Amendment to Article 99 Proposed by the
Delegation of the United States In Accordance
with Previous Notice of Intention
El Salvador: Proposed Amendment to the
Fourth Pcragraph of Article 1
Mexico: Proposed Amendment to Article 1
United Kingdom: Proposed Amendment to
Article 99
Chile: Propoed Amendments to Article 83
Costa Rica: Proposed Amendment to Article 92
Paragraph 1
Costa Rica: Proposed Amendment to
Article 80 Paragraph 1
Costa Rica: Proposed Rearrangement of
Article 69
Document Number
12/Corr.1.
12/Corr.2
12/Corr.3
12 /Add.1 12/Add.2
12/Add.3
12/Add.4
12/Add.5
12/Add.6
12/Add.7
12/Add.8
12/Add.9
12/Add.10
12/Add.11
12/Add.12
12/Add.13
12/Add.14
12/Add.15
12/Add.16 12/Add.17
E &F
F only
E only
E F
E F
E F
E F
E &F
E &F
E F
E &F
E &F
E &F
/12/Add.18 E/CONF.2/C.6/112 Page 4 Short Tittle
Mexico; Proposed Amendment to Article 99
Suggestion of the United States Delegation
with Regard to Article 69 Sub-Paragraph (d)
and Article 74
Rearrangement of Article 1. Proposed by the
Delegation of Costa Rica
Mexico: Proposed Amendment
Note to Article 99 Proposed by the
Delegation of Guatemala
Amendment to Article 92, Paragraph 3,
Submitted by the Delegations of Colombia
and France
Agenda for the Ninth Meeting - Held
12 December 1947 at 10.30 a.m.
Text of Article 73 as adopted at First
Reading on 9 December 1947
Corrigendum au text de l'article 73
Corrigendum au texte de l'article 73
Weighted Voting in Inter-governmental
Organization
Article 87
Agenda for the Tenth Meeting - Held
13 December 1947 at 10.30 a.m.
Note by the Secretarist
Agenda for First Meeting - Held
15 December 1947 at 4.00 p.m.
Tetx of Paragraphs 1 to 5 Inclusive of
Article 74 as Agreed at First Reading
Correction to Text of Paragraphs1 to 5
of Article 74 as set out in Document
E/CONF.2/C.6/20
Report of the Sub-Committee on Paragraph 7
of Article 74
Agenda for the Twelfth Metting - Held
16 December 1947 at 4.00 p.m.
Agenda for the Thirteenth Meeting - Held
17 December 1947 at 10.30 a.m.
Page 4
E F E F
E F
E &F
F only
Document
Number
12/Add.18 12/Add.19 12Add.20
12/Add.21
12/Add.22
12/Add.23
13 14
14/Corr.1
14/Corr.2
15
16
17
18
19
20 .
20/Corr.1
21
22
23
E F
E F
E &F
E F
E F
E only
E F
/24 E/CONF/C.6/112 Page 5 Short Title
Agenda for the Fourteenth Meeting - Held
18December 1947 at 4.00 p.m.
Text of Paragraph 7 of Article 74
Article 76, Article 77, Article 78,
Article 79, and Article 80 as Adopted
on First Reading
Agenda for the Fifteenth Meeting - Held
22 December 1947 at 10.30 a.m.
Information Requested by the Delegate of
Czechoslovakia Concerning the Fiscal
Commission of the Economics and Social
Council
Agenda for the Sixteenth Meeting - Held
29 December 1947 at 10.30 a.m.
Texts of Article 82 and Paragraphs 2 and
3 of Article 83 as adopted on First Reading
at the Fifteenth Meeting on 22 December 1947
Note by the Secretariat Regarding Documents
Referring to Annotated Agenda
Agenda for Seventeenth Meeting - Held
31 December 1947 at 4.00 p.m.
Agenda for Seventeenth Meeting - Held
31December 1947 at 4.00 p.m.
Report of Joint Sub-Committee of Committees II
and VI on Mexican Amendment to Article 9
Report of the Sub-Committee on Paragraph 1 of
Article 83
Report of the Sub-Committee on Article 92,
Paragraph 1
Corrigendum to Report of the Sub-Committee
on Article 92, Paragraph 1
Revised Draft of Article 93 Prepared by the
Delegation of the United Kingdom
Agenda for the Nineteenth Meeting - Held
3 January 1948 at 10.30 a.m.
Texts of Paragraph 1 of Article 83,
Article 84, Article 85, Article 86,
Article 87 and Article 88
Paragraph 3 of Article 87
/38/Corr.1
.
.
Language
E &F
E F
E &F
E F
E &F
Document
Number
24
25
26
27
28
29
30
31
31/Rev.1
32
33
34
34/Corr.1
35 .:
36
37
E
E
&F
F
E F
E F
E only
E &F
E F
E F E/Corr.2/C.6/112
page 6
Document
Number
38/Corr.1
39
39/Corr.1
40
41 . .
42
43 44
45
46
46/Corr.1
47
48
48/Corr.1 48/Rev.1
48/Rev.1/Add.1 48/Rev.1/Add.1/Corr.1
48/Rev.1/Add.2 48/Rev.1/Add.3
Short Title
Corrigendum a la Note du Secreariat F only
relative au Paragraphe 3 de l!Article 87
Article 1 - Note by the Secretariat E F
Corrigendum a la Note du Secretariat F only
Relative a 1'Article Premier
Agenda for the Twentioth Meeting - Held E &F
5 January 1948 at 10.00 a.m.
Texts of Article 97 and Paragraph 1 of E F
Article 98
Note by the Secretariat Regarding E F
Documents Referring to Annotsted Agenda
Text of Paragraph 1 of Article 92 as adopted E &F
on First Reading, at the Nineteenth Meeting -
Held 3 January 1948
Report Regarding Criticisms and Selection of E F
Indexes of International Economical
Velorization of the Delegation of Cuba
Report of the Joint Sub-Committee E F S
Agenda for the Twenty-First Meeting - Held E F
27 January 1948 at 10.30 a.m.
Correction to Agenda for the Twenty-First E &F
Meeting
Note by Secretariat Concerning a Resolution on E F
the Interim Co-ordinating Committee for
International Commodity Arrangements
Interim Report of Sub-Committee J on E F
Articles 95, 96, 98, 99 and 100
Corrigendum to Interim Report of Sub- E F
Committee J on Articles 95, 96, 98, 99 and 100
Draft Report of Committee on Articles 95, E F S
96, 98, 99 and 100
Addendum to the Interim Report of Sub- E &F
Committee J on Articles 95, 96, 98, 99
and 100
Addendum to Report of Sub-
.
Committee J on Articles 95, 96, 98, 99 and 100
Addendum to Report of Sub-Committee on
Articles 95, 96, 98, 99 and 100
Addendum to Report of Sub-committee J on
Articles 95, 96, 98, 99 and 100 - Note by
the United Kingdom Delegation
/49 . s/CONF.2/C.6/112 Page 7
Document
Number Short Title Language
49 Notification by the Sub-Committee E F
on Chapter VIII to Committees
and other Sub-Committees of the Conference
49/Rev.1 Notification by the Sub-Committee on E F
Chapter VIII to Committees and other Sub-
Committees or the Conference
50 Agenda for the Twenty-Second Meeting - Held E &F
2 January 1948 at 3.00 p.m.
51 Note by the Chairman of the Sixth Committee E F
52 Texts of Articles 71 and 73 as Approved by E F S
the Sixth Committee on Second Reading
53 Report of the Sub-Committee on Article 75 E F S
53/Corr.1 Corrigendum to Report of the Sub-Committee E &F
on Article 75
54 Article 100 - Note by the Secretariat E F
55 Report of the Sub-Committee upon E F S
Paragraph 5 of Article 68
56 Texts of Paragraph 1, 2 and 3 of E F S
Article 68, Article 76, Article 77 and
Article 79
57 Agenda for the Twenty-Third Meeting - E F
Held, 2 February 1948 at 10.30 a.m.
58 Report of the Sub-Committee on Article 69, E F S
Paragraph 2
58/Corr.1 Corrigendum to the Report of the Sub-Committee E only
on Article 69, Paragraph 2
59 Agenda for the Twenty-Fourth Meeting - E F
Held 3 February 1948 at 3.00 p.m.
60 Texts of Paragraph 5 of Article 68, E F S
Article 72 and Article 80 as Aproved on
Second Reading
61 Combined Meeting of Sub-Conmittee A of E F
Committee III, Sub Committee D of Committee VI
and the Joint Sub-Committee of Committee II
62 Sub-Committee A of Committee IlI, Sub- E&F
Committee D of Committee VI and the Joint
Sub-Committee of Committees Il and VI -
Agenda for First Meeting - Held 3 February
1948 at 6.00 p.m.
/63 E/CONF.2/C.6/112
Page 8
Short Title
Notification to Other Committees of E F
the Conference
Agenda for the Twenty - Fifth Meeting - E F
Held 5 Feburary 1948 at 3.00 p.m.
Joint Meeting of the Joint Sub-Committee of E F
the Second and Sixth Committees, Sub-
Committee A of the Third Committee, and
Sub-Committee D of the Sixth Committee
Summary Record
65/Corr.1 Corrigendum to the Summary Record of the E F
First Meeting
Corrigendum to the Summary Record of the E F
First Meeting
Text of Article 95 as Appoved on E F S
Second Readng
Agenda for the Tweny-Sixth Meeting - to be E &F
Held 6 February 1948
Texts of Articles 96 and 97 as Approved E F S
on Second Reading
Agenda for the Twenty-Seventh Meeting - E &F
Held 12 February 1948 at 10.30 a.m.
Note by the Secretariat - Re: Date of E F
Accepting Charter
Note by the Secretariat E F
Report of Joint Sub-Committee of Committees II E F S
and VI on Articles 9, 10 and 11.
Agenda for the Twenty-Eighth Meeting - E F
Held 13 February 1948 at 3.00 p.m.
Report of the Sub-Committee on Pagraph 2 E F S
of Article 83 - Text of Paragraph 2 as
Agreed by the Sub-Committee
Report by the Ad Hoc Committee on E F
Article 69 (c) (i)
Agenda for the Twenty - Ninth Meeting- E F
Held 18 February 1948 at 4.00 p.m.
Text of Article 100 and Paragraph 2 of E F S
Article 83 as Approved on Second Reading
Text of Articls 69 as Approved on Second E F S
Reading up to 19 February 1948
Report of the Working Party of Paragraph 2 E F
of Article 98
Language
.
/80
Document
Number
63
64
65/Corr.1
65/Corr.2
66
67
68
69
70
71
72
73
74
75
76
77
78
79 E/CONF.2/C.6/1122
Page 9
Short Title Language
Preliminary Report of Sub-Committee J on
United States Amendment to Article 99
Note by the Secretariat Regarding Statute
of the International Court of Justice
Report of Sub-Comittee J on Amendment of
United Kingdom to Article 99
Report of Sub-Committee G on Chapter VIII
Correction to the Report of Sub-Committee G
on Chapter VIII
Amendment to the Anner to Article 95 Proposed
by the Delegation of the United Kingdom
Agenda for the Thirtieth Meeting - Held
27 February 1947 et 10.30 a.m.
Agenda for the Thirty-First Meeting -Held
28 February 1948 at 10.30 a.m.
Note from the Delegations of Australia, Canada,
Mexico, United, Kingdom and United States
Agenda for the Thirty-Second Meeting
Held 1 March 1948 at 2.30 p.m.
Texts of Article 68 and Article 69 as Adopted.
by the Sixth Committee
Text of Chapter VIII as Adopted by the Sixth
Committee and of Annex to Article 95 and Draft
Resolution Ariaing out of Chapter VIII Proposed
by the Sixth Committee
Texts of Article 98 and Article 99 as Adopted
by the Sixth Committee
Text of Paragraphe 3, .4, 5, 6, and 7 of
Article 74 as Adopted by the Sixth Committee
Report of the Working Party on the Question
of Condominia
Report of Sub-Committee I (Article 94)
Report of Sub-Committee I - India: Proposed
Amendment to New Article 83 (A)
South Africa: Proposal Concerning the Text of
Article 83A Made at the Morning Meeting on
9 March 1948
E F
E F S
E F S
E only
Document
Number
80 81
82
83
83/Corr.1 Add.1 83/Add.1
84 85
86
87
88
89
90
91
92
93
93/Add.1
93/Add.2
E F S
E F
E F
E F
F
E
E
E F S
E F
E F
S
S
E F
E F S
E &F S
E &F S
/93/Add.3 E/CONF/2/C.6/112
Page 10
Document
Number Short Title Language
93/Add.3 Australis: Proposal Concerning the Text of
Article 83A (E/CONF.2/C.6/93) Made at
Morning Meeting on 9 March 1948
93/Add.4 Proposal Concerning the Text of Article 83A
(Based on the South African Proposal in
Document E/CONF.2/C.6/93/Add.2) put Forward
Tentatively by the Delegation of the
94 Note by the Secretariat
95 Agenda for the Thirty-Third Meeting - Held.
Thursday, 4 March 1948 at 2.30 p.m.
96 Report of the Sub-Committee on Article 93
(Relations with Non-Members)
96/Add.1 Amendment toArticle 93 (Relations with
Non-Members)
97 Agenda for Thirty-Fourth Meeting - To be
Held Thursday, 4 March 1948 at 4.00 p.m.
98 Report on the Sub-Committee on Article 1
98/Add.1 Mexico: Proposed Amendment to Article 1
99 Proposal by Australian Delegation
100 Amendment Proposed by the South African
Delegation - Proposed New Article 83A
101 Explanatory Note to Article 99 Proposed by
the Delegation of Guatemala
102 Agenda for the Thirty-Fifth Meeting
(Date to be Announced)
102/Rev.1 Agenda for the Thirty-Fifth Meeting
(Date to be Announced)
103 Draft Report - Part I
103/Add.1 Draft Report - Part Il
103/Add/Corr.1 Corrigenda to Part Il of the Draft Report
103/Add.2 Addendum to Part I of Draft Report
103/Add.3 Addendum to Part I of Draft Report
103/Add.4 Addendum to Part I of Draft Report
103/Add.4/Corr.1 Corrigendum to Addendum to Part I of the
Draft Report (Document E/CONF.2/C.6/103/Add.4)
.
E F S
EF S
E F
F
E
S
S
E
E
E
F S
FS
F
E F
E F S
E F S
.
E F S
E F S
E F S
E &F
/103/Ad..5 E/CONF.2/C.6/112
Page 11
Document
Number Short Title Language
103/Add.5 Addendum to Part Il of Draft Report E F S
(Document E/CONF.2/C.6/103/Add.1)
103/Add.6 Amendment to Comments Upon Article 93 by E F
the Delegation of the United Kingdom
103/Add.7 Australia: Suggestion Regarding the Report E F
Upon Article 93
104 Statement by the Chairman of Sub-Committee I E F S
Concerning the Report of that Sub-Committee
(E/CONF.2/C.6/93)Made at the Morning
Meeting on 9 March 1948
105 Agenda for Thirty-Sixth Meeting - To be E &F
Held 10 March 4.00 p.m.
106 Chile and Peru: Amendment to Article 93 E F
107 Report of the Ad Hoc Sub-Committee upon E F
Paragraph 5 of Article 1
108 Agenda for the Thirty-Eighth Meeting E &F
To be Held 11 March 1948 at 10.30 a.m.
109 Agenda for the Thirty-Ninth Meeting E &F
To be Held 13 March 1948 at 10.30 a.m.
110 Report of the Working Party to Consider E
the Question of an Interim Conclusion for
the International Trade Organization
111 Report Upon the Question of an Interim E F
Commission for the International Organization
111/Corr.1 Corrigendum to Report on the Question of an E &F
Interim Commission for the International
Trade Organization
/II. Summary Records E/CONF.2/C.6/112
Page 12
Document II. Summary Reocrds (E/CONF.2/C.6/SR.)
Document
Number Short Title Language
1 Summary -Record of First Meeting of Committee Six
(Organization) - Held 26 November at 10.50 a.m.
2 Summary Record of the Second Meeting - Held
Saturday, 29 November 1947 at 4.00 p.m.
3. Summary Record of Third Meeting - Held Tuesday
2 December 1947 at 4.00 p.m. Corrigendum
3/Corr.1 Summary Record of Third Meetig - Held Tuesday
2 December 1947 at 4.00 p.m.
3/Add.1 Addendum to Summary Record of Third Meeting -
4 Summary Record of the Fourth Meeting - Held 4
December 1947 at 10.30 a.m.
4/Corr.1 Corrigendum to Summary Record of Fourth Meeting
5 Summary Record of the Fifth Meeting - Held 5
December 1947 at 10.30 a.m.
5/Corr.1 Corrigandum to Summary Record of Fifth Meeting
6 Summary Record of Sixth Meeting - Held
6 December 1947, at 10,30 a.m.
Corrigendum to Summary Record of Sixth Meeting
6/Corr.2 Corrigendum to Summary Record of Sixth Meeting
7 Summary Record of the Seventh Meeting - Monaday,
8December 1947 at 10.30 a.m.
7/Corr.1 Corrigendum to Summary Record of Seventh Meeting
7/Corr.2 Corrigendum to Sunmary Record of the Seventh
Meeting
8 Summary Record of the Eighth Meeting - Held 9
December 1947 at 10.30 a.m.
9 Summary Record of the Ninth Meeting - Held
12 December 1947 at 10.30 a.m.
9/Corr.1 Corrigendum to Summary Record of the Ninth
Meeting Held 12 December 1947
9/Corr.2 Corrigendum to Summary Record of Ninth Meeting
9/Corr.3 Corrigendum to the Summary Record of the Ninth
Meeting
10 Summary Record of the Tenth Meeting - Held
Saturday, 13 December 1947 at 10.30 a.m.
10/Corr.1 Corrigendum to Summary Record of Tenth Meeting
E F
E F
E & F
E
E F
E F
E &F
E F
E F
E F
E Only
E &F
E F
E F
E F
E F
E F
E &F
E &F
E F
/11 E/CONF.2/C.6/112
Page 13
Summary Record of the eleventh Meeting - Held 15 December 1947 at 10.30 a.m.
Summary Record of the Twelfth Meeting - Held
Corrigendum to Summary Record of Twelfth Meeting E F
Summary Record of the Thirteenth Meeting - Held E F
17 December 1947 at 10.30 a.m.
Corrigendum to summary Record of Thirteenth E &F
Meeting
Corrigendum to Summary Record of the Thirteenth E &F
Corrigendum to Summary Record of Thirteenth E &F
Meeting
Corrigendum to Summary Record of Thirteenth E F
Meeting
Corrigendum to Summary Record of Thirteenth E &F
Meeting
Corrigendum to Summary Record of Thirteenth E &F
Meeting
Summary Record the Fourteenth Meeting - Held E F
18 December 1947 at 4.00 p.m.
Corrigendum to Summry Record of Fourteenth E F
Meeting:
Corrigendum to Summary Record of Fourteenth E F
Meeting
Corrigendun to Summary Record of Fourteenth E &F
Meeting
Summary Record of the Fifteenth Meeting - Held E &F
22 December 1947 at 10.30 a.m.
Corrigendum to Summary Record of Fifteenth E &F
Meeting
Summary Record of the Sixteenth Meeting - Held E F
Monday, 29 December 1947 at 10.30 a.m.
Corrigendum to the Summary Record of Sixteenth E &F
Meeting
Summary Record of the Seventh Meeting - Held E F
Wednesday, 31 December 1947, at 4.00 p.m.
summary Record of the Eighteenth Meeting - Held E F
Friday, 3 January 1948
/18/Corr.1
Short Title Language
Document
Number
12
12/Corr.1
13
13/Corr.1
13/Ccrr.2
13/Corr.3
13/Corr.4
13/Corr.5
13/Corr.6
13/Corr.7
14
14/Corr.1
14/Corr.2
14/Corr.3
15
15/Corr.1
16
16/Corr.1
17
18 E/CONF.2/C.6/112 Page 14 Document Number
18/Corr.1
19
20
21
22
23 24
25
25/Corr.1
26
26/Corr.1
27
28
29
29/Corr.1
30
30/Corr.1
31
Short Title
Corrigendum to Summary Record of Eighteenth E &F
Meeting
Summary Record of the Nineteenth Meeting - Held E F
Saturday, 3 January 1948
Summary Record of the Twentieth Meeting - Held E F
Monday, .5 January 1948
Summary Record of the Twenty-First Meeting - Held E F
Tuesday, 27 January 1948, at 10.30 a.m.
Summary Record of the Twenty-Second Meeting - Held E F
Wednesday, 28 January 1948 at 3.00 p.m.
Summary Record of the Twenty -Third Meeting - Held E F
Monday, 2 February 1948 at 10.30 a.m.
Summary Record of Twenty - Fourth Meeting - Held E F
Tuesday, 3 February 1948, at 3.00 p.m.
Summary Record of Twenty - Fifth Meeting - Held E F
Thursday, 5 February at 3.00 p.m.
Corrigendum to Summary Record of the Twenty- E &F
Fifth Meeting
Summary Record of the Twenty-Sixth Meetting - Held E F
Friday, 6 February 1948, at 3.00 pm.
Corrigendum to summary Record of the TWenty- E &F
Sixth Meeting
Summary Record of the Twenty-Seventh Meeting - E F
Held Thursday, 12 February at 3.00 p.m.
Summary Record of the Twenty-Eighth Meeting E F
Held Friday, 13 February at 3.00 p.m.
Summary Record of the Twenty-Ninth Meeting - E F
Held Thuraday, 19 February 1948
Corrigenda to Summary Records of Twenty -Ninth, E F
Thirty -First, Thirty-Second and Thirty - Third
Meetings
Summary Record of the Thirtieth Meeting - Held E F
27 February 1948, at 11.45 a.m.
Corrigendum to Summary Record of Thirtieth E F
Summary Record of Thirty-First Meeting - E F
Held 28 February 1948 at 10.45 a.m.
/31/Corr.1 E/CONF.2/C.6/112 Document
Number Short Title Language
31/Corr.1 Rectificatif au Compte Rendu Analytique de la F Only
Trente-et-Unieme Seance
31/Corr.2 Corrigandum to Summary Record of Thirty-First E &F
Meeting - - Held 28 February 1948, 10.45 a.m.
31/Corr.3 Corrigenda to Summary Records of Twenty-Ninth, E F
Thirty-First Thirty-Second and Thirty-Third
Meetings
32 Summary Record of Thiry-Second Meeting - Held E F
Monday, 1 March 1948, at 2.30 p.m.
32/Corr.1 Corrigenda to Summary Reoords of Twenty-Ninth, E F
Thirty-First, Thirty-Second and Thirty-Third
Meetings
33 Summary Record of Thirty-Third Meeting - Held E F
Thursday, 4 March 1948, at 10.30 a.m.
33/Corr.1 Corrigendum to Summary Record of Thirty-Third E F
Meeting - Held 4 March 1948 at 10.30 a.m.
33/Corr.2 Corrigendum to Summary Record of Thirty-Third E &F
Meeting - Held 4 March 1948, et 10.30 a.m.
33/Corr.3 Corrigenda to Summary Records of Twenty-Ninth, E F
Thirty - First, Thirty-Second and Thirty-Third
Meetings
34 Summary Record of Thirty-Fourth Meeting - Held E F
Thursday, 4 March 1948 at 4.00 p.m.
34/Corr.1 Corrigendum to Summary Record of Thirty-Fourth E &F
Meeting - Held 4 March 1948 at 4.00 p.m.
34/Corr.2 Corrigendum to Summary Record of Thirty-Fourth E &F
Meeting - Held 4 March 1948 at 4.00 p.m.
34/Corr.3 Corrigendum to Summary Record of Thirty-Fourth E &F
Meeting - Held 4 March 1948 at 4.00 p.m.
34/Corr.4 Correction to Summary Record of the Thirty-Fourth E &F
Meeting - Held 4 March 1948 at 4.00 p.m.
35 Summary Record of Thirty-Fifth Meeting - Held E F
Tuesday, 9 March 1948 at 10.30 a.m.
36 Summary Record of Thirty-Sixth Meeting - Held E F
Tuesday, 9 March 1948 at 3.00 p.m.
36/Corr.1 Corrigendum to Summary Record of Thirty-Sixth Meeting - E &F
Held 9 March 1948 at 3.00 p.m.
37 Summary Record of Thirty-Seventh Meeting - Held E F
Wednesday, 10 March 1948 at 4.00 p.m.
37/Corr.1 Corrigendum to Summary Record of Thirty-Seventh E Only
Meeting - Held 10 March 1948 at 4.00 p.m.
37/Corr.2 Rectificatif au Compte Rendu Analytique de la F Only
Trente-Septieme Seance
37/Add.1 Addendum to Summary Record of Thirty - Seventh E F
Meeting - Held 10 March 1948 at 4.00 p.m.
/37/Add.1/Corr.1 E/CONF.2/C.6/112 Page 16 Document Number Short Title Language 37/Add.1/ Corrigendum to Summary Record of Thirty-Seventh Meeting - Held 10 March 1948 at 4.00 p.m. E &F
38 Summary Record Thirty-Eighth Meeting - Held Thursday, 11 March 1948 at 10.30 a.m. E F
38/Corr.1 Corrigendum to Summary Record of Thirty-Eighth Meeting - Held 11 March 1948 at 10.30 a.m. E &F
39 Summary Record of Thirty-Ninth Meeting - Held Monday, 15 March 1948 at 10.30 a.m. E.F.
39/Corr.1 Corrigendum to Summary Record of Thirty - Ninth E &F
Meeting-Held 15 March 1948 at 10.30 a.m.
40 Summary Record of Fortieth meeting - Held E F
Tuesday, 16 March 1948 at 4.50 p.m.
41 Summary Record of Forty-First Meeting - Held E F
Wednesday, 17 March 1948 at 6.00 -p.m.
/III. Working Papers E/CONF.2/C .6/112
Page 17
III. Working Papers (E/CONF.2/C.6/W).
Document
Number Short Title Language
1 Sub-Committee on Article 75 (Composition E F
of the Executive Board)
2 Sub-Committee on Article 75 - Summary Record E F
of First Meeting -Held 19 December 1947 at
10.30 a.m.
3 Sub-Committee on Article 75 - Summary Record E F
of Second Meeting - Held 20 December 1947 at
at 10.30 a.m.
4 Sub-Committee on Article 75 - Summary Record E F
of Third Meeting - Held 20 December 1947 at
4.00 p.m.
5 Draft Suggestion for Article 75 Submitted by the E F
Delagation of the United States
5/Add.1 Sub-Committee on Article 75 China: Amendment E F
to the United States Formula
5/Add.2 Sub-Committee C on Article 75 - Amendment to E F
United States Draft (Document E/CONF.2/C.6/W.5)
6 Sub-Committee on Article 75 Summary Record of E F
Fourth Meeting -Held 23 December 1947 at
10.30 a.m.
7 Sub-Committee on Article 81 (The Tariff Committee) E F
Text of Paregraph 1 adopted at the First Meeting
8 Sub-Committee on Article 81 - Summary Record of E F
First Meeting - Held 23 December 1947 at 4.00 p.m.
9 Sub-Committee on Article 75 -Summary Record E F
of Fifth Meeting -Held 26 December 1947 at
4.00 p.m.
9/Corr.1 Sub-Committee on Article 75 - Corrigendum to E F
Summary Record of Fifth Meeting
10 Sub-Committee on Article 75 - Summary Record of E F
Sixth Meeting - Held on 27 December 1947 at
4 00 p.m.
11 Sub-Committee on Article 75 - Proposal by the E F
Delegation of Australia for Consideration by the
Sub-Committee
12 Sub-Committee on Article 75 Summary Record E F
of Seventh Meeting - Held 29 December 1947 at
4.00 p.m.
/13 E/CONF.2/C.6/112 Page 18
Document
Number Short Title Language
13 Sub-Committee on Article 81 - Summary Record E F
of Second Meeting - Held 30 December 1947 at
10.30 a.m.
13/Corr.1 Corrigendum to Summary Record of Second Meeting E &F
of Sub-Committee on Article 81
13/Corr.2 Corrigendum to summary Record of Second Meeting E &F
of Sub-Committee on Article 81
14 Sub-Committee on Article 75 - Summary Record of E F
Eighth Meeting - Held 2 January 1948 at 4.00 p.m.
15 Sub-Committee on Chapter VII - Working Paper E F
Prepared by Secretariat
16 Sub-Committee on Article - Redraft of E &F
Paragraph 2 as Suggested by Delegetion of
France, Peru and United States
17 Sub-Committee on Article 75 -Mexico- Note on E F
Article 75
17/Corr.1 Sub-Committee on Article 75 - Corrigendum to Note E &F
by Mexico on Article 75
18 Sub-Cormittee on Article 75 - Summary Record of E F
Ninth Meeting - Held 6 January 1948 at 3.00 p.m.
19 Sub-Committee on Chapter VIII - Summary Record of E F
First Meeting - Held 5 January 1948 at 5.45 p.m.
20 Sub-Committee on Articles 95, 96, 97, 99 and 100 - E F
Summary Record of First Meeting - Held
6 January 1948 at 10.30 a.m.
21 Working Party to Study the Question of an Inteim E F
Commission for the International Trade Organization
Note by the Executive Secretary
21/Rev.1 Groupe de Travail Charge d'Etudier la Question F Only
de la Creatopm d'une Commission Interimaire de
l'Organisation Internationale du Commerce
22 SubCommittee on Article 93 - Workng Paper E F
Prepared by Secretariat
23 Sub-Committee I of Committee Six and Joint E F
Sub-Committee of Committee V and VI - Working
Paper Prepared by Secretariat
23/Add.1 Sub-Committee I of Committee Six and Joint E Only
Sub-Committee of Committees Five and Six
United States: Note withw Respect to its Amendment
to Article 67 E/CONF.2/C.6/112 Page 19 Working Papers (E/CONF.2/C.6/W.)
Document Number Short Title Language
24 Sub-Comittee on Articles 95, 96, 98 and 100 - E F
Summary Record of Second Meeting -Held
7 January 1948 at 5.45 p.m.
25 Sub-Committee on Article 75 - Summary Record E F
of Tenth Meeting - Held 8 January 1948 at 3.00 p.m.
26 Sub-Committee I - Notes of First Meeting - E F
Held Tuesday 7 January 1948 at 10.30 a.m.
27 Sub-Committee on Articles 95, 96, 98, 99 and 100 - E F
Redraft of Article 95 Suggested by Delegations
of Mexico and United States
28 Sub-Committee on Article 75 - Notes on the E F
Eleventh Meeting - Held 9 Jenuary 1948 at 10.30 a.m.
29 Sub-Commitee on Article 75 - Working Paper E F
Prepared by the Secretariat
36 Report of Working Party of Sub-Committee G E F
of Committee VI on Chapter VIII
31 Sub-Committee on Article 75 - Summary Record of E F
Twelfth Meeting - Held 9 January 1948 at 3.00 p.m.
31/Corr.1 Sub-Committee on Article 75 - Correction to E &F
Summary Record of Twelfth Meeting
32 Sub-Committee I - Notes of Second Meeting - E &F
Held Saturday, 10 January 1948 at 10.30 a.m.
33 Sub-Committee on Article 93 - Summary Record E F
of First Meeting - Held 10 January 1948 at
10.30 a.m.
33/Corr.1 Sub-Committee on Article 93 - Correction to E &F
Summary Record of First Meeting
34 Sub-Committee on Article 75 - Text of Article 75 E F
as Provisionally Accepted by a Majority of the
Sub-Committee
35 Sub-Committee on Article 75 - Summary Record of E F
Thirteenth Meeting Held 10 January 1948 at
3.00 p.m.
36 Sub-Committee on Chapter VIII - Summary Record of E F
Second Meeting - Held 12 January 1948 at 3.00 p.m.
37 Sub-Committee on Chapter VIII - Note by Secretariat E F
38 Sub-Committee on Articles 95, 96,98 and 100 - E F
Summary Record of Third Meeting- Held
10 January 1948 et 5.45 p.m. E/CONF.2/C.6/112
Page 20
III. Working Papers (E/CONF.2C.6/W.)
Document
Number Short Title Language
39 Sub-Committee on Article 75 - Redraft of Article 45 E F
Suggested by Working Group in Accordance with
Instructions by Sub-Committee
40 Sub-Committee I - Notes of Third Meeting - Held E F
12 January 1948 at 6.00 p.m.
41 Sub-Committee on Chapter VIII - Summary Record of E F
Third Meeting - Held 13 January 1948 at 10.30 a.m.
41/Corr.1 Sub-Committee on Chapter VIII - Correction to E F
Summary Record of Third Meeting
42 Sub-Committee on Article 93 - Summary Record of E F
Second Meeting - Held 13 January 1948 at 3.00 p.m.
43 Sub-Committee on Chapter VIII- Summary Record of E F
Fourth Meeting. - Held 14 January 1948 at 6.00 p.m.
44 Sub-Committee I - Report of Working Party on E &F
Exceptions Concerning "Peace Treaties" and
Special Regimes"
45 Sub-Committee on Articles 96, 98, 99 and 100 - E F
Summary Record of Fourth Meeting -Held
14 January 1948 at 3.00 p.m.
46 Sub-Committee on Article 93 - Summary Record of
Third Meeting - Held 15 January 1948 at 3.00 p.m.
47 Sub.Committee on Articles 95, 96, 98,99 and 100 - E F
Summary Record of Fifth and Sixth Meetings - Held
15 and 16 January 1948 at 10.30 a.m.
48 Sub-Committee I - Amendment to Article 94 Proposed E F
by United Kingdom Delegation
49 Sub-Committee on Chapter VIII - Summary Record of E F
Fifth Meeting -Held 16 January 1948 at 3.00 p.m.
49/Corr.1 Sub-Committee on Chapter VIII - Correction to E F
Summary Record of Fifth Meeting
50 Sub-Committee on.Article 75 - Summary Record of E F
Fourteenth Meeting - Held 15 January 1948 at
6.00 p.m.
51 Sub Committee "C" on Article 75 -Cuba: Proposal E F
for Redraft of Article 75
52 Sub-Committee on Article 75 - Summary Record of E F
Fifteenth Meeting - Held 17 January 1948 at 10.30 a.m.
53 Sub-Committee on Chapter VIII - Colombia. E F
Suggested Amendments to Article 90 E/CONF.2/C.6/112
Page 21
Document Number Short Title Language
Sub-Committee on Chapter VIII - Notes on Sixth E F
Meeting - Held 16 January 1948
Working Party to Study the Question of an Interim E F
Commission for the International Trade
Organization - Note by Executive Secretary
Corrigendum to Note by Executive Secretary E &F
Sub-Committee on Article 93 - Summary Record of E F
Fourth Meeting - Held 17 January 1948 at 3.00 p.m.
Sub-Committee on Article 93 - Corrigendum to E &F
Summary Record of Fourth Meeting
Sub-Committee on Article 93 - Corrigendum to E F
Summary Record of Fourth Meeting
Sub-Committee on Chapter VIII E F
Working Party to Consider the Question of an E F
Interim Commission for the ITO - Notes upon
First Meeting - Held 19 Jenuary 1948 at 10.30 a.m.
Working Party Consider the Question of an E &F
Interim Commission for the ITO - Corrigendum to
Notes on First Meeting
Sub-Committee on Chapter VIII - Notes on Sixth E F
Meeting - Held 20 January 1948 at 10.30 a.m.
Sub.Committee I - Notes of Faourth Meeting- E F
Held Saturday, 17 January 1948 at 6.00 p.m.
Sub-Committee I - Notes of Fourth Meeting - E &F
Sub-Committee on Article 93 - Notes on Fifth E F
Meeting - Held 19 January 1948 at 6.00 p.m.
Sub-Committee on Article 93 - Corrigendum to Notes E F
on Fifth Meeting
.
Sub-Committee on Chapter VIII - Notes on Seventh E F
Meeting - Held 21 January 1948 at 10.30 a.m.
.
Working Party upon the Question of an Interim E F
Commission for the ITO - Note by Exeoutive Secretary
Sub-Committee on Chapter VII - Notes upon the E F
Eighth Meeting - Held 21 January 1948 at 3.00 p.m.
Sub-Committee on Articles 95, 96, 98, 99 and 100 - E F
Summary Record of Seventh Meeting -Held
21 January 1948 at 6.00 p.m.
54
55
55/corr.1
56
56/Corr.1
56/Corr.2
57
58
58/Corr.1
.
59 60
60/Corr.1
61
61/Corr.1
62
63
64
65
.
.
/66 E/CONF.2/C.6/112
Page 22 III. Working Papers (E/CONF.2/C.6/W.)
Document Number Short Title Language
66 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) Notes on Ninth
Meeting - Held 22 January 1948 10.30 a.m
67 Working Party to Consider the Question of an E F
Interim Commission for the International
Trade Organization - Notes on Second Meeting -
Held 22 January 1948 at 6.00 p.m.
67/Corr.1 Working Party to Consider the Question of an E Only
Interim Commission for the International Trade
Organization - Corrigendum to Notes of Second
Meeting - Held 2 January 1948 at 6.00 p.m.
67/Rev.1 Working party to Consider the Question of an E F
Interim Commission for the International Trade
organization - Notes on Second Meeting - Held
22 January 1948 at 6.00 p.m.
68 Working Party to Study the Question of an Interim E F
Commission for ITO - Text of Arrangement Regarding
the Establishment of an Interim Commission as Drafted
at First Reading
69 Working Party to Consider Question of Interim E F
Commission for ITO - Note by the Executive
Secretary
70 Sub-Committee on Articles 95, 96, 98, 99 and 100 E F
Summary Record of Eighth Meeting - Held 23 January 1948
71 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on Tenth
Meeting - Held 26 January 1948 at 10.30.a.m.
72 Sub-Committee on Article 75 (Composition of the E F
Executive Board) - Compromise Formula Suggested by
the Delegation of Cuba - Annex X to Article 75
73 Sub-Committee on Chapter VIII - (Settlement of E F
Differences - Interpretation) - France: Proposed
Amendment
73/Add.1 Sub-Committee op Chapter VIII - (Settlement of E F
Differences - Interpretation) - France: Proposed
Amendment
74 Sub-Committee on Articles 95, 96, 98, 99 and 100 - E F
Summary Record of Ninth Meeting - held
26 January 1948 at 6.00 p.m.
75 Sub-Committee on Article 75 (Composition of the E F
Executive Board) Draft Report
76 Working Party to Consider Question of Interim E F
Commission for ITO - Notes on Third Meeting -
Held 28 January 1948 at 10.30 a.m.
/77 E/CONF.2/C.6/112
page 23 Working Papers (E/CONF.2/C.6/W)
Document
Number Short Title Language
77 Sub-Committee on Article 75 (Composition of E &F
Executive Board) -Notes on Fifteenth Meeting
Held 29 January 1948 at 3.00 p.m.
78 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on
Eleventh Meeting - Held 28 January 1948, 6.00 p.m.
79 Sub-Committee J on Articles 95, 96, 98, 99 and 100 - E F
Summary Record of Tenth Meeting - Held Friday,
30 January 1948, at 10.30 a.m.
80 Report of Working Party 3 of Sub-Committee G - E F
81 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Proposal by the
Delegation of the United States
82 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation)-Notes on Twelfth
Meeting - Held 31 January 1948 at 10.30 a.m.
83 Sub-Committee on Article 81 (The Tariff Committee) E F
- Note by the Chairman
84 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on Thirteenth
Meeting- Held 2 February 1948 at 3.00 p.m.
85 Sub-Committee J on Articles 95, 96, 98, 99 and 100 - E F
Notes on Eleventh Meeting - Held 3 February 1948
at 6.00 p.m.
85/Corr.1 Corrigendum to Notes of Eleventh Meeting - Held E Only
3 February 1948 at 6.00 p.m.
86 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on Fourteenth
Meeting - Held 4 February 1948 at 10.30 a.m.
87 Sub-Committee J on Articles 95, 96 98, 99 and 100 - E F
Notes on-Twelfth Meeting - Held 4 February 1948
at 6.00 p.m.
88 Sub-Committee J on Articles 95, 96, 98 99 and 100 - E F
New Zealand: Proposed Amendment to Article 68(5)
89 Working Party to Consider Question of Interim E F
Commission for International Trade Organization - Site
of Interim Commission - Note by the Executive Secretary
90 Sub-Committee J on Articles 95, 96, 98, 99 and 100 - E F
Notes on Thirteenth Meeting - Held 5 February 1948
at 10.30 a.m.
91 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Proposed Amendments
by the Delegation of the United States to Report
of Working Party 3
/92 E/CONF.2/C.6/112
Page 24
III Working Papers (E/CONF.2/C.6/W.)
Document Number Short Title Language
sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on the
Fourteenth Meeting - Held 6 February 1948
at 6.00 p.m.
Sub-Committee on Articles 95 to 100 E F
Notes of the Fourteenth Meeting - Held
Saturday, 7 February 1948 at 6.00 p.m.
Sub-Committee J on Articles 95 to 100 - E &F
Corrigendum to Notes of Fourteenth Meeting
Sub-Committee on Paragraphs 1 and 2 of Article 83 E F
(The Staff) Compromise Text Suggested by the
Representative of France
Sub-Committee I (Artilcle 94) - Notes of the E F
Fifth Meeting - Held at 3.00 p.m. Saturday,
7 February 1948
Sub-Committee on Article 1 - Notes on First E F
Meeting -Held 10 February 1948 at 6.00 p.m.
Sub-Committee on Article 1 - Notes on Second E F
Meeting - Held 11 February 148 at 10.30 a.m.
Working Party to Consider the Question of an E F
Interim Commission for the International
Trade Organization - Notes upon the Fourth
Meeting - Held 13 February 1948 at 10.30 a.m.
Working Party to Consider the Question of an E F
Interim Commission for the International Trade
Organization - Corrigendum to Notes
Working Party to Consider the Question of an E &F
Interim Commission for the Internation Trade
Organization - Corrigendum to Notes
Report of Working Party 4 of Sub-Committee G E F
Articles 91 and 92
Sub-Comittee I ( Article 94) - Notes on the
Sixth Meeting - Held on Saturday 14 February 1948,
at 6.00 p.m.
Working Party on Paragraph 2 of Article 98 E F
Redraft Suggested by the Delegation of Cuba
Sub-Comittee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes of the
SeventeenthMeeting - Held at 3.00 p.m.
16 February 1948
/102/Corr.1
92
93 .
93/Corr.1
94
95
96
97
98
98/Corr.1
98/Corr.2
99
100
101
102 E/CONF.2/C.6/112
Page 25
III. Working Papers (E/CONF.2/C.6/W.)
Document
Number Short Title Language
102/Corr.1 Correection to Notes on the Seventeenth Meeting E &F
of the Sub - Committee on Chapter VIII
(E/CONF.2/C. 6/W. 102)
103 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes of the
Eighteenth Meeting - Held at 10.30 a.m. Tuesday,
17 February 1948
104 Report of Informal Working Party of Sub-Comittee J E F
United States Amendment to Article 99
105 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on
Nineteenth Meeting - Held 18 February 1948
at 4.00 p.m.
106 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Text of Chapter VIII
as Redrafted by the Sub-Committee
106/Rev.1 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Text of Chapter VIII
as Redrafted by the Sub-Committee up to 18 February
1948
107 Sub-Committee on Article 1 - Notes on the Third E F
Meeting - Held 19 February 1948 at 4.00 p.m.
108 Sub-Committee on Article 93 (Relations with E F
Non-Members) - Text Suggested by the Delegation of
Czechoslovakia and Accepted by the Sub-Committee
on 20 February 1948, as a Basis for Discussion
109 Sub-Committee on Article 1 - Text for Initial E F
Paragraph of Article 1 and Consequential Amendment
110 Sub-Committee J on Articles 95, 96, 98, 99 and 100
Notes on Fifteenth Meeting - Held on 19 February E F
1948
111 Sub-Committee on Article 93 (Relations with E F
Non-Members) - Notes upon Sixth Meeting - Held
20 February 1948 at 10.30 a.m.
111/Corr.1 Sub-Committee on Article 93 (Relations with E &F
Non-Members) - Corrigendum to Notes upon the
Sixth Meeting and to Working Paper Prepared
by the Secretariat
112 Sub-Committee on Article 93 (Relations with
Non-Members) - Working Paper Prepared by the
Secretariat
112/Rev.1 E/CONF.2/C.6/112
Page 26 III, Working Paper (E/CONF.2/C.6/W)
Document Number
112/Rev.1
112/Rev.1/
Corr. 1
Short Title
Sub-Committee on Article 93 (Relations with E F
Non-Members) Working Paper Prepared by the
Secretariat
Sub-Comittee on Article 93 (Relations with E F
Non-Members) - Corrigendum to Working Paper
Prepared by the Secretariat
Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes upon the
Twantieth Meeting - Held 20 February 1948
at 4.00 p.m.
Sub-Committee J on Articles 95, 96, 98, 99 and E F
100 - Notes on Sixteenth Meeting
Saturday, 21 February 1948, at 10.30 a.m.
115 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) -Notes upon the
Twenty-First Meeting - Held. 23 February 1948
at 2.30 p.m.
115/Corr.1 Sub-Committee on Chapter VIII - (Settlement of E Only
Differences - Interpretation) - Corrigendum to
Notes on Twenty-First Meeting
116 Sub-Committee on Article 93 (Relations with E F
Non-Members) - Notes upon the Seventh Meeting-
Held 23 February 1948 at 10,30 a.m.
117 Workinlg Party on the Interim Commission for the E F
International Trade Organizatïon - Note by the
Executive Secretary
118 Sub-Committee on Chapter VIII (Settlement of E F
Differences - Interpretation) - Notes on the
Twenty-Second Meeting - Held 25 February 1948
at 10.30 a.m.
118/Add.1 Addendum to Notes on the Twenty-Second Meeting E &F
of the Sub-Committee on Chapter VIII
119 Sub-Committee on Article 93 (Relations with E F
Non-Members) - Note to Paragraph 2 of Article 93
Suggested. by the Delegation of the United Kingdom
Sub-Committee on Article 93 (Relation with E F
Non-Members) - Notes on the Eighth Meeting -
Held 26 February 1948 at 2.30 p.m.
120/Corr.1
Sub-Committee on Chapter VIII (Settlement of .E &F
Difference) - Corrigendum to Notes
/120/Corr.2
.
.
. E/CONF.2/C.6/112
Page 27
III. Working Paper((E/CONF.2/C.6/W.)
Short Title
Sous-Commission Chargée D'Etudier L'Article 93 F Only
(Relations Avec Les Etats Non Membres)
Sub-Committee I ( Article 94) - Notes on the E F
Seventh Meeting - Held at 4.00 p.m. - Friday,
27 February 1948
Sub-Committee on Article 93 (Relations with E F
Non-Members) - Report of the Working Party
Sub-Comittee I (Article 94) - Notes of the E F
Eighth Meeting - Held at 4.00 p.m. - Saturday,
28 February 1948
Language
Sub-Comittee on Article 93 (Relations with
Non-Members) - Notes on the Ninth Meeting
Held 3 March 1948 at 10.30 a.m.
Sub-Comittee on Article 1 - Notes upon the
Fourth Meeting -Held 3 March 1948 at 7.00 p.m.
26 working Party to Study the Question of an Interim
Comission for the International Trade Organization-
Notes on Fifth Meeting - Held 12 March 1948 at 10.30 a.m.
IV. Report of the Committee
The final text of the report of the Sixth Committee is contained in
documents E/CONF.2/68, E/CONF.2/68/Add.1 and E/CONF.2/68/Add.2
Document
Number
120/Corr.2
121
122
123
124
125
126 |
|
GATT Library | hx620hh0590 | Sixth Committee: Organization : Chile and Peru: Amendment to Article 93 | United Nations Conference on Trade and Employment, March 9, 1948 | 09/03/1948 | official documents | E/CONF.2/C.6/106 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hx620hh0590 | hx620hh0590_90050049.xml | GATT_147 | 152 | 1,145 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/106
ON DU. 9 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CHILE AND PERU: AMENDMENT TO ARTICLE 93
Paragraph 2 (bis)
Notwithstanding the provisions of paragraph 2, Members may enter into
agreements vith Non-Members, according to paragraph 3, 4, 5 and 6 of
Article 15, and paragraph 2, 3, 5 and 6 of Article 42B;
provided that such Non-Members undertake in the agreements the same
obligations established in those articles for the Members.
The purpose of this amendment is to make possible the conclusion
of preferential agreements, customs union and free trade areas between
Members and Non-Members, because the relevant articles of the Charter
refer only to Members. It is to be underlined that under this amendment
Non-Members undertake the same obligations as Members to comple with the
provisions of Articles 15 and 42.
Havana, 9 March 1948. |
|
GATT Library | wj097mp5269 | Sixth Committee: Organization : Corigends to summary records of Twenty-Ninth, Thirty-First, Thirty Second and Thirty.-Third Meetings | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | SR.29/Corr.1, SR.31/Corr.3, SR.32/Corr.1, SR.33/Corr.3, and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/wj097mp5269 | wj097mp5269_90050124.xml | GATT_147 | 1,333 | 8,795 | United Nations Nations Unies SR.31/ Corr.3
SR.33/Corr.3
CONFERENCE CONFERENCE 13 March1948
ON DU ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
CORIGENDS TO SUMMARY RECORDS OF TWENTY-NINTH, THIRTY-FIRST,
THIRTY SECOND AND THIRTY.-THIRD MEETINGS
1, Document E/CONF.2/C.6/SR.31
(Page 6)
Line1, after "said that" insert "as regarded the question put by the
delegate of Cuba".
Line 2, delete "and that" and insert "because",
Lino 3, after "Sub-Committee" insert "whïch bad prepared the draft now
being debated".
At the end of the second sentence, add. "as .a result of the late war, With
regard to the competent authorities, the Conference could refer to, them as
such, as was suggested, but could not determine which they were nor designate
them,".
The complete text of Mr. Garcia Serrato's speech as reported. now reader;
Mr. GARCIA SERRATO(Uruguay) said that as regarded the question put by
the delegate of-Cuba, the wording of the text was unambiguous because the
intention of the proposal had been made clear during discussions in the
Sub-Committee which had prepared e& the draft now being debated. The text was
intended to apply only to countries nor under military occupation as a result
of the late was With refer to the competent authoies, rito, the Conference
could refer to them as such, as was suggested., but could not determine which
they were nor designate them.
2, Document E/CONF.2/C.6/SR.32 .
(Page 3)
Replace the first phrase of the second sente nce bythe following:
"Although the note had been objected to on the grounds that it hadan alleged
political implication" . .
In the fourth line, for "a problem" read "an economic andjuridical
pr"oblem.
At the end of the second sentence, insert: from any doubt or suspicion."
The text vould then read:
/Mr. GARCIA SERRATO Page SR..32/Corr.1 SR.33/Corr.3
Mr, GARCIA SERRATO (Uruguay) supported the representative of Guatemala.
Although the note had been objected to on the grounds that It had an alleged.
Political implication, it did not refer to any special case but to a general
principle and the text reflected the existence of an economic and juridical
problem, It would not be in contradiction to the principles of trade and
employment to re-draft the note in the spirit of the language of the Charter
in order to safeguard the regin of law from any doubt or suspicion.
3. (Page 4)
At the end of the second sentence, delete the words "political and".
.Add the following: "It would be possible to find ln any International
economic or Juridical problem latent political connotations similar to those
which were thought to be present in the note put forward. by the dolegation
of Guatemala, In international matters there was no bard and fast dividing
lino between political and. other questions."
The text would then read.:
Mr. GARCIA.SERRATO (Uruguay) agreed with the representatives of Chile.
and Colombia, The Guatemalan note involved a problem of economic relations
as well as legal aspects. It would be possible to find. in any nternational
economic or juridical problem latent political connotations similar to those
whIch were thought to be present in the note put forward by the. delegation
of Gùatemala. In International natters, there was no bard and, fast. dividing
lino between political and other questions.
4. (Page 5)
In the second. lines, replace the words "regarding the. effective date
of thé Charter" by the following: "that the Charter should enter Into force
after being ratIfied by a majority of the States signing the Final Act." .
In lino six, after the words: "suggested. that" insert "although he
Preferred the proposal supported by his delegation",
In the last lins, delete the words "might still be a reasonable
solution" and insert the following: ", that the Charter would enter into
force one year after its signature, when twenty ratifications had been
received If. the States -ratifying the Charter accounted. for two-thirds of
world trade, was better than the compromise solution proposed by the-
Sub -Corsmittee. "
The text would then read as follows:
Mr. GAUCIA SERRATO- (Uruguay) said that his delegation maintained. its
original point of view that the Charter should. enter into force after
ratification by a Majority of the States which signed. the Final Act. He
/reviewed E/CONF.2/C.6/SR.29/Corr.1 SR.31/Corr.3 SR.32/Corr.1 SR.33/Corr.3
Page 3
reviewed previous discussions concerning the number of ratifications, the
volume of trade represented and the effective date and suggested that although
he preferred the proposal supported by his delegation, the original proposal
of Colombia, eupported by Cuba and agreed to by the United. Kingdom, according
to which the Charter would. enter into force when twenty States had. ratified
lt, provide that they accounted for two-thirds of world trade, was better
than the compromise solution proposed by the Sub-Cormittee."
5. (Page 6)
Delete all following the word, "text" ln line 3, and insert the following;
"and preferable to the Sub-Committee's draft.HEe doubted. whether the
Charter could be put into force with only twenty ratifications. If the
twenty States ratifying the Charter did not represent the greater part of
vrld trade, there could not be an International Trade Orgarization, while,
even if they did represent the greater part of world. trade, he thought it would
be difficult for the ITO to secure recognition as a specialized agency in
accordance with the term of Articles 52 and 63 of the Charter of the
United Nat-ons, Since fifty-eight States ha. been present, during the
drafting of the Charter in Havana, twenty ratifications, however weighty
they-right be, would show that a majority of the nations rejected the work
accomplished, They would. therefore have, not a world organization, but 4
family-party or club of powerful nations. It was in order to avoid. these.
two extremes an. to lend prestige to the ITO, that the delegation of. Uruguay
and Mexico had. proposed. that the Charter should enter into force when it had
been ratified. by a majority of its signatories. The amendment they had
proposed. vas the result of foresight and had. been made in good. faith. OnIy
if the work of the Co-ordinating Committee was useful, constructive and
acceptable, as he sincerely hoped. it would be, would a majority of States
ratify the Charter. If they did not, an organization with world.-wide
juriediction and significance could not be set up by a minority of States,
6. Document E/CONF.2/C.6/SR.33
(Page 2)
After the report of the speech made by Mr. GTANEZ (Venezuela), Insert
the follwing:
Mr. GARCIAP SERRMATO (Uruguay) observed. that the delegation of Uruguay
would have preferred. to see the thorny problem of the composition of the
ExeCutive Board settled. in accordance with Alternzative B of Article 75 of
the Geneva text, which, as he led said. during thfe sirt reading of the
Article, he supported..
/7. Document E/CONF, 2/C. 6/SR 29/Corr .1
SR.31/Coor. 3
SR.,32/Corr.1
Page SR .33/Corr. 3
7. Document E/CONF.2/C./SR.29
(Page 2) . .
Before the remarked of Mr. KELLOGG (United States), insert the following:
- Mr. GARCIA SERRATO (Uruguay) warmly supported the proposal of the
representativeof Costa Rica that the Tradec Charter should be called the
Charter of aHvana, Recallings peciifc precedenst the mentioned othèr
international odcuments whichw ere officially named after the places in
whic hthey had been draw up. He also recalled cases in which custom had.'
given particular treaties and conventions the names of the cities in which
they had been signed. These names had been recognized, and respected by
histor,y learned. institutions and the text of intrneational law, Rules
grew-out of Custom and custom thus contributed. to the creation o f the law.
The-name the Charter of Havana would set a distinguishing mark on the "
creative work accomplished. ln Havana with. the assistance of forty-one-nations
which were not present at the London, New York and Geneva sessions and
would.pràclaim' the world-wide scope of the work achieved by the present
Conference. Itwould sdso be a way of pasing- a well-deserved tribute to,
Cuba, to thé Cuban Governmant, dfa to the Cuban people and Pre esfor the
hospitality they had given a nd-thse asistance and courtesy they had sh,ow,, |
|
GATT Library | gr359wg0952 | Sixth Committee: Organization : Correction to summary record of the Thirty-Fourth Meeting | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.6/SR.34/Corr.4 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/gr359wg0952 | gr359wg0952_90050133.xml | GATT_147 | 313 | 2,025 | United Nations Nations Unies
UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.34/
ON DU 10 March 1948 Corr.4
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRECTION TO SUMMARY RECORD OF THE THIRTY-FOURTH MEETING
Delete the remarks of Mr. MacCarthy (Ireland.) on pages 3 and 4 and
substitute:
"Mr. MacCarthy (Ireland) was in the same difficulty as the delegate
of the Netherlands because of the short time given for consideration.
At first sight it seemed as though the draft might leave a small
country at the mercy of a big country, There was the further
complication, as far as he was concerned, that Ireland was not a
Member of the United Nations, and he was still far from clear as
to the implications of the reply given to the Swiss delegate. He
supported the proposal that the question be postponed but did not
think a few days would be enough, and for that reason the
Australian proposal appealed to him".
SIXIEME COMMISSION : ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA
TRENTE-QUATRIEME SEANCE
Supprimer le texte de la déclaration de M. MacCarthy (Irlande) qui figure
à la page 5 et le remplacer par le texte suivant
"M, MacCarthy (Irlande) se heurte aux mêmes difficultés que le représen-
tant des Pays-Bas en raison du peu de temps que l'on a eu pour l'examen
de la question. A premiére vue il semble que le texte mette un petit
pays à la merci d'un grand. En ce qui le concerne la situation as
complique en outre du fait que l'Irlande n'est pas Membre des Nations Unies;
il est encore loin de voir clairement toutos los conséquences que comporte
la réponse donnée au représentant de la Suisse. Il appuie la proposition
d'ajournement mais il estime qu'un délai do quelques jours ne sera pas
suffisant; aussi se prononce-t-il en faveur de la proposition de l'Australie' |
|
GATT Library | kk348jb3108 | Sixth Committee: Organization : Correction to the report of Sub-Committee G on chapter VIII | United Nations Conference on Trade and Employment, February 26, 1948 | 26/02/1948 | official documents | E/CONF.2/C.6/83/Corr.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/kk348jb3108 | kk348jb3108_90050009.xml | GATT_147 | 69 | 473 | United Nations
CONFERENEC
ON
TRADE AND EMPLOYMNTE
Nations Unies
CONFRENCEE
DU
COMMERC ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C. 6/83/
Corr.1
26 February 1948
ENGLISH ONLY
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRECTION TO THE REPORT OF SUB-COMMITTEE G ON CHAPTER VIII
In paragraph 2 of the text or Article 91 insert the following
phrase between the words "shall" and "be subject":
"upon the instance of any Member whose interested are thereby |
|
GATT Library | hb615fv6358 | Sixth Committee: Organization : Corrigenda to Part II of the draft report | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/103/Add.1/Corr.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hb615fv6358 | hb615fv6358_90050039.xml | GATT_147 | 0 | 0 | ||
GATT Library | nb685rf4567 | Sixth Committee: Organization : Corrigenda to Part II of the draft report | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/103/Add.1/Corr.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/nb685rf4567 | nb685rf4567_90050039.xml | GATT_147 | 269 | 1,767 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/103/
ON DU Add.1/Corr.1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 11 March 1948 ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDA TO PART Il OF THE DRAFT REPORT
1. The words "For the Purpose of" in the preamble to Article 1 should read
"FOR THE PURPOSE OF".
2. The comma before the concluding phrase of paragraph 3 of Article 68
should be deleted.
3. The phrase "by regional or other basis" in sub-paragraph 1 (o) (iii)
of Article 69 should read "on a regional or other basis".
4. The word "from" should be inserted before "time to time" in paragraph 6
of Article 74.
5. The word "it" at the conclusion of paragraph 1 of Article 75 should
read "if".
6. The word "deliberation" in paragraph 3 of Article 77 should read
deliberations".
7, The word "the" before "financial statements" in paragraph 3 of Article 82
should be deleted.
8. Paragraph 1 of Article 84 should be deleted and the succeding paragraphs
renumbered accordingly.
9. The reference to paragraph 1 of Article 84 in paragraph 3 of Article 87
should be to paragraph 1 of Article 83A.
10. The coma after the phrase "for each remaining Member" at the end of the
first sentence of paragraph 2 of Article 95 should be deleted.
11. The references to paragraph 4 of Article 90 and paragraph 2 of Article 95
in paragraph 1 of Article 97 should be to paragraph 4 of Article 90A and to
paragraph 3 of Article 95.
12. The word "consultation" in sub-paragraph 2 (c) of Article 98 should read
"consultations". |
|
GATT Library | rh553gz8929 | Sixth Committee: Organization : Corrigenda to summary records of Twenty-Ninth, Thirth-First, Thirty-Second and Thirty-Third Meetings | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | SR.31/Corr.3, SR.32/Corr.1, SR.33/Corr.3, and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/rh553gz8929 | rh553gz8929_90050117.xml | GATT_147 | 1,331 | 8,532 | United Nations Nations Unies SR.31/Corr.3 SR.32/Corr.1
SR.33/Corr.3
CONFERENCE CONFERENCE 13 March 1948 ENGLISH
ON DU ORIGINAL: SPANISH
TRADE AND EMPLOYMENT COMMERC ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDA TO SUMMARY RECORDS OF TWENTY-NINTH, THIRTH-FRST,
THIRTY-SECOND AND THIRTY-THIRD MEETINGS
1. Document E/CONF.2/C.6/SR.31
(Page 6)
Line 1, after "said that" insert "as regarded the question put by the
delegate of Cuba".
Line 2, delete "and that" and insert "because".
Line 3, after "Sub-Committee" insert "which had prepared the draft now
being debated".
At the end of the second sentence, add "as a result of the late war. With
regard to the competent authorities, the Conference could refer to them as
such, as was suggested, but could not determine which they were nor designate
them.".
The complete text of Mr. Garcia Serrato's speech as reported now reads:
Mr. GARCIA SERRATO (Uruguay) said that as regarded the question put by
the delegate of Cuba, the wording of the text was unambiguous because the
intention of the proposal had been made clear during discussions in the
Sub-Committee which had prepared the draft now being debated. The text was
intended to apply only to countries now under military occupation as a result
of the late war. With regard to the competent authorities, the Conference
could refer to them as such, as was suggested, but could not determine which
they were nor designate them.
2. Document E/CONF.2/C.6/SR.32
(Page 3)
Replace the first phrase of the second sentence by the following:
"Although the note had been objected to on the grounds that it had an alleged
political implication."
In the fourth line, for "a problem" read "an economic and juridical
problem."
At the end of the second sentence, insert: "from any doubt or suspicion."
The text would then read:
/Mr. GARCIA SERRATO SR.33/Corr.3
Page 2
Mr. GARCIA SERRATO (Uruguay) supported the representative of Guatemala.
Although the note had been objected to on the grounds that it had an alleged
political implication, it did not refer to any special case but to a general
principle and the text reflected the existence of an economic and jurdical
Problem. It would not be in contradiction to the principles of trade and
employment to re-draft the note in the spirit of the language of the Charter
in order to safeguard the reign of law from any doubt or suspicion.
3. (Page 4)
At the end of the second sentence, delete the words "political end".
Add the following: "It would be possible to find in any international
economic or juridical problem latent political connotations similar to those
which were thought to be present in the note put forward by the delegation
of Guatemala. In international matters there was no hard and fast dividing
line between political and other questions."
The text would then read:
Mr. GARCIA SERRATO (Uruguay) agreed with the representatives of Chile
and Colombi., The Guatemalan note involved a problem of economic relations
as well as legal aspects. It would be possible to final in any international
economic or juridical problem latent political connotations similar to thoes
which were thought to be present in the note put forward by the delegation
of Guatemala. ln international matters, there was no hard and fast dividing
line between political and other questions. 4. (Page 5)
In the second line, replace the words "regarding the effective date
of the Charter." by the following: "that the Charter should enter into force
after being ratified by a majority of the States signing the Final Act."
In line six, after the words: "suggested that" insert "although he
preferred the proposal supported by his delegation",
In the last line, delete the words "might still be a reasonable
solution" an insert the following: ", that the Charter would enter into
force one year after its signature, when twenty ratifications had been
received, if the States ratifying the Charter accounted for two-thirds of
world trade, was better than the compromise solution proposed by the
Sub-Committee."
The text would then read as follows:
Mr. GARCIA SERRATO (Uruguay) said that his delegation maintained its
original point of view that the Charter should enter into force ater
ratification by a majority of the States which signed the Final Act. He
/reviewed E/CONF.2/C.6/SR.29/Corr.1
SR.31/Corr.3
SR.32/Corr.1 SR.33/Corr.3
Page 3
reviewed previous discussions concerning the number of ratifications, the
volume of trade represented and the effective date and suggested that although
he preferred the proposal supported by his delegation, the original proposal
of Colombia, supported by Cuba and agreed to by the United Kingdom, according
to which the Charter would enter into force when twenty States had ratified
it, provided that they accounted for two-thirds of world trade, was better
than the compromise solution proposed by the Sub Committee."
5. (Page 6)
Delete all following the word "text" in line 3, and insert the following:
"and preferable to the Sub-Committee's draft. He doubted whether the
Charter could be put into force with only twenty ratifications. If the
twenty States ratifying the Charter did not represent the greater part of
world trade, there could not be an International Trade Organization, while,
even if they did represent the greater part of world trade, he thought it would
be difficult for the ITO to secure recognition as a specialized agency in
accordance with the terms of Articles 52 and 63 of the Charter of the
United Nations. Since fifty-eight States had been present during the
drafting of the Charter in Havana, twenty ratifications, however weighty
the might be would show that a majority of the nations rejected the work
accomplished. They would therefore have, not a world organization, but a
family-party or club of powerful nations. It was in order to avoid these
two extremes and to lend prestige to the ITO, that the delegation of Uruguay
and Mexico had proposed that the Charter should enter into force when it had
been ratified by a majority of its signatories. The amendment they had
Proposed was the result of foresight and had been made in good faith. Only
if the work of the Co-ordinating Committee was useful, constructive and
acceptable, as he sincerely hoped it would be, would a majority of States
ratify the Charter. If they did not, an organization with world-wide
jurisdiction and significance could not be set up by a minority of States.
6. Document E/CONF.2/C.6/SR.33
(Page 2)
After the report of the speech made by Mr. OTANEZ (Venezuela), insert
the following:
Mr. GARCIA SERRATO (Uruguay) observed that the delegation of Uruguay
would have preferred to see the thorny problem of the composition of the
Executive Board settled in accordance with Alternative B of Article 75 of
the Geneva text, which, as he had said during the first reading of the
Article, he supported.
/7. Document E/CONF.2/C.6/SR.29/Corr.1
SR.31/Corr.3
SR.32/Corr.1
SR.33/Corr.3
7. Document E/CONF.2/C./SR.29
(Page 2)
Before the remarks of Mr. KELLOGG (United States), insert the following:
"Mr. GARCIA SERRATO (Uruguay) mainly supported the proposal of the
representative of Costa Rica that the Trade Charter should be called the
Charter of Havana. Recalling specific precedents, he mentioned other
international documents which were officially named after the places in
which they had been drawn up. He also recalled cases in which custom had
given particular treaties and conventions the names of the cities in which
they had been signed. These names had been recognized and respected by
history, by learned institutions and the texts of international law. Rules
grew out of custom and custom thus contributed to the creation of the law.
The name the Charter of Havana, would set a distinguishing mark on the
creative work accomplished in Havana with the assistance of forty-one nations
which were not present at the London, New York and Geneva sessions, and
would proclaim the world-wide scope of the work achieved by the present
Conference. It would also be a way of paying a well-deserved tribute to
Cuba, to the Cuban Government, and to the Cuban people and Press for the
hospitality they had given and the assistance and courtesy they had shown.
. |
|
GATT Library | mh201nv5000 | Sixth Committee: Organization : Corrigenda to summary records of Twenty-Ninth, Thirty First, Thirty-Second and Thirty-Third Meetings | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | SR.29/Corr.1, SR.31/Corr.3, SR.32/Corr.1, SR.33/Corr.3, and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/mh201nv5000 | mh201nv5000_90050128.xml | GATT_147 | 1,332 | 8,701 | SR. 29, Corr.1
United Nations Nations Unies SR.31/corr.3
CONFERENCE CONFERENCE 13 march 1948 SR.33/Corr.3
ON DU ORIGINA:L
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDA TO SUMMARY RECORDS OF TWENTY-NINTH, THIRTY FIRST,
THIRTY-SECOND AND THIRTY-THIRD MEETINGS
1. Document. E/CONF. 2/C.6/SR.31
(Page 6)
Line 1, after "said that" insert "as regarded the question put the
delegate of Cuba".
Line 2, delete and that" and insert "because".
Line 3, after "Sub-Committee" insert "which had prepared. the draft now
being debated",
At the end of the second sentence, add. '"as a result of the late war, With
regard to the competent authorities, the Conference could refer to them as
such, as was suggested, but could not determine which they were nor designate
them."
The complete text of Mr. Garcia Serrato's speech as reported now reads:
Mr. GARCIA SERRATO (Uruguay) said that as regarded the question put by
the delegate of Cuba, the wording of the text was unambiguous because the
intention of the proposal had been made clear during discussions in the
Sub-Committee which had prepared the draft now being debated. The text was
intended to apply only to countries now under military occupation as a result
of the late war. With regard to the competent authorities the Conference
could refer to them as such, as was suggested, but could not determine which
they were nor designate them.
2. Document E/CONF.2/C.6/SR.32
Page 3)
Replace the first-phrase of the second sentence by the following
"Although the note had been objected to on the grounds that it had an alleged
political implication,"
In the fourth line, for "a problem read "an economic and juridical.
problem."
At, the end of the- second sentence, insert: "from any doubt or suspicion."
The text would then read:
/Mr. GARCIA SERRATO SR
SR.32/Corr.1
SR.33/Corr.3
Page 2
Mr. GARCIA SERRATO (Uruguay) supported the representative of Guatemala.
Although the note had been objected to on the grounds that it had an alleged
political implication, it did not refer to any special case but to a general
principle and the text reflected the existence of an economic and juridical
problem, It would not be in contradiction to the principles of trade and
employment to re-draft the note in the spirit of the language of the Charter
in order to safeguard:.the raign of law from any doubt or suspicion.
3. (Page 4)
At the end of the second sentence, delete the words "political and".
Add the following: "It would be possible to find in any international
economic or juridical problem latent political connotations similar to those
which were thought to be present in the note put forward by the delegation
of Guatemala. In international matters there was no hard and fast dividing
lines between political and other questions."
The text would. then read.:
Mr. GARCIA SERRATO (Uruguay) 'agreed with the representatives of Chile
and Colombia, The Guatemalan note involved a problem of economic relations
as well as legal aspects. It .would be possible to flnd in any international
economic or juridical problem latent political connotations similar to those
which were thought to be present in the note put forward by the delegation
of Guatemala.In international matters, there was no hard and fast dividing
line between political. and other questions.
4. (page 5)
In the second line, replace the words ."rgarding the effective date
oft the Charter" by the following: "that the Charter should enter into force
after being ratified by a majority of the States signing the Final Act."
In line six, after the words: "suggested that" insert although he
preferred the proposal supported by his delegation",
In the last line, delete the words "might still be a reasonable
solution" and insert the following: ", that the Charter would enter into
force one year after its signature, when twenty ratifications had. been
receive, if the States ratifying the Charter accounted. for two-thirds of
world trade, was better than the compromise solution proposed by the .:
Sub-Committee,"
The text would then read as foll
Mr. GARCIA SERRTO (Uruguay) said that delegation maintained its
Mr. GARCIA SERRATO
original point of view that the Charter should enter into force after
ratification by a majority of the States which signed the Final Act. He
/reviewed. E/CONF.2/C.6/SR.29/Corr.1
SR.31/Corr.3
SR.33/Corr.1
SR.33/Corr.3 Page 3
reviewed previous discussions concerning the number of ratifications, the
volume of trade represented and the effective date and suggested that although
he preferred the proposal supported by his delegation, the original proposal
of Colombia, supported by Cuba and agreed to by the United Kingdom, according
to which the Charter would enter into force when twenty States had ratified
it, provided that they accounted for two-thirds of world trade, was better
than the compromise solution proposed by the Sub-Committee."
5. (Page 6)
Delete all following the word "text" in line 3, and insert the following;
end preferable to the Sub-Committee's draft. He doubted whether the
Charter could be put into force with only twenty ratifications, If the
twenty States ratifying the Charter did not represent the greater part of
world trade, there could not be an International Trade Organization, while,
even if they did represent the greater part of world trade, he thought it would
be difficult for the ITO to secure recognition as a specialized agency in
accordance with the term of Articles 52 and 63 of the Charter of the
United Nations. Since fifty-eight States had been present during the
drafting of the Charter in Havana, twenty ratifications, however weighty
they might be, would show that a majority of the nations rejected the work
accomplished. They would therefore have, not a world organization, but a
family-party or club of powerful nations. It was in order to avoid these
two extremes and to lend. prestige to the ITO, that the delegation of Uruguay
and Mexico had proposed that the Charter should enter into force when it had
been ratified by a majority of its signatories. The amendment they had
proposed was the result of foresight and had been made in good faith. Only
if the work of the Co-ordinating Committee was useful, constructive and
acceptable, as he sincerely hoped it would be, would a majority of States
ratify the Charter If they did not, an organization with world-wide
jurisdiction and sigaificance could not be set up by a minority of States.
6. Document E/CONF.2/C.6/SR.33
(Page 2)
After the report of the speech made by Mr. OTANEZ (Venezuela), insert
the following:
Mr. GARCIA SERRATO (Uruguay) observed that the delegation of Uruguay
would have preferred. to see the thorny problem of the composition of the
Executive Board settled in accordance with Alternative B of Article 75 of
the Geneva text, which, as he had said during the first reading of the
Article, he supported.
/7. Document E/CONF.2/C./SR.29/Corr.1
SR.31/Corr.3
SR.32/Corr.1
SR.33/Corr.3
Page 4
7. Document E/CONF.2/C,/SR.29
(Page 2)
Before-the remark "of Mr. KELLOGG (United States), insert the following:
"Mr. GARCIA SERRATO (Uruguay) warmly supported the proposal of the
representative of Costa Rica that the Trade Charter should be called the
Charter of Havana, Recalling specific precedents, he mentioned other
international documents which were officially named after the places in
which they had been drawn up He also recalled cases in which custom had
given particular treaties and conventions the names of the cities in which
they had been signed. These name had been recognized and respected by
history; by learned institutions and the text of internationl law. Rules
grew out of custom and custom thus contributed to the creation of the law.
The name the Charter of Havana, would set a distinguishing mark on the
creative work-accomplished in Havana with the assistance of forty-one nations
which were not present at the London, New York and Geneva sessions, and
would proclaim the world-wide scope of the work achieved. by the present
Conference. It- would also be a way of paying a well-deserved. tribute to
Cuba, to the Cuban -Government, and to the Cuban people and Press for the
hospitality they had given and the assistance and courtesy they had shown. |
|
GATT Library | kr076tb8775 | Sixth Committee: Organization : Corrigenda to summary records Twentty-Ninth, Thirty-First, Thirty-Second and Thirty-Third Meetings | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | SR.31 Corr.3, SR.32/Corr.1, SR.33/Corr.3, and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/kr076tb8775 | kr076tb8775_90050122.xml | GATT_147 | 1,327 | 8,654 | United Nations Nations Unies . SR.31 Corr.3 SR./32 Corr.1 SR./33 Corr.3
CONFERENBE DUONFERENCE 13 March 1948
ON DU ENGLISH
TRADE AND EMPLOYMENT COMMECE ET DE L'EMPLOTI
SIXTH COMMITEE: ORGGANIZATION
CORRIGENDA TO SUMMARY RECORDS TWENTTY-NINTH, THIRTY-FIRST,
THIRTY-SECOND AND THIRTY..THIRD MEETINGS
1. Document E/CONF.2/C.6/SR.31
(Page 6)
Line 1, after "said that" insert "as regarded the question put by the
delegate of Cuba".
Line 2, delete "and that" and Insert "because".
Line.3 after "Sub-Committee" insert "which had prepared the draft now
being debated."
At the end of the second sentence add. "as a result of the late war. With
regard. to the competent authorities, the Conference could refer to them as
such, as was suggeste,d but could not determine which they were nor designate
The complate text of Mr. Garcia Serrato's speech as reported now reads:
Mr. GARCIA SERRATOE (Uruguay) said that as regarded the question put by
the delegate of Cuba, the wording of the text was unambiguous because the
intention of the proposal had been made clear during discussions in the
Sub-Committee which had prepared the draft now being debated. The text was
intended. to apply only to countries now under military occupation as a result
the late war. with regard to the competent authorities, the Conference
could refer to them as such; as was suggested, but could not determine which
they were nor designate them.
2, Document E/CONF.2/C.6/SR.32
Replace the first phrase of the second sentences by the following:
"Although the note had been objected to on the grounds that It had an alleged
political implication,"
In the fourth line, for "a probloem" read "an economic and juridical
problem.
At the end of the second sentence4 insert: "from any doubt or suspicion."
The text would then read:
,/Mr. GARCIA SERRATO SR.31/Corr.3
SR.32/Corr.1
SR.33/Corr.3
Page 2
Mr. GARCIA SERRTO (Uruguay) supported the representative of Guatemala.
Although the note had been objected to on the grounds that it had an alleged
Political implication, it did not referato any special case but a general
principle and the text reflected the existence of an economic and juridical
problem. It would not be in contradiction to the principles of trade and
employment to re-draft the ntoe in the spirit of the language of the Charter
in order to safeguard the reign of law from any doubt or suspicion.
3. (Page 4)
At the end of the second sentence, delete the words "political and".
Add the following: "It would. be possible to find in any international
economic or juridical problem latent-political connotations similar to those
which were thought to be present in the note put forward by the delegation
of Guatemaja. In international matters there was no hard and fast dividing
line between political and other questions,"
The text would then read:
Mr. GARCIA. SERATO (Uruguay) agreed with the representatives of Chile
and Colombia, The Guatemalan note involved. a problem of economic relations
as well as legal aspects. It would be possible to find in any international
economic or Juridical problem latent political connotations similar to those
which were thought to be prexzent in the note put by the delegation
of Guatemala, In international matter, there was no hard and fast dividing
line between politIcal and other questions.
In the second line, replace the words "regarding the effective date
of the Charter" by the following: "that the Charter should enter into force
after being ratified by a majority of the states signing the Final Act."
In line six, after the words: "suggested that" insert "although he
preferred the proposal supported by his delegation".
In the last line, delete the words "might still be a reasonable
solution" and insert the following: ", that the Charter would enter into
force one year after its signature; when twenty ratifications had been
received, if the States ratifying the Charter accounted for two-thirds of
world trade, was better than the compromise solution proposed. by the
Sub-Committee,"
The text would then read as follows:
Mr. GARCIA SERRATP(Uruguay) said that his delegation maintained its
original point of vïew that the Charter should enter into-forced after
ratitfication by a majority of the States which signed the Final Act, He
/reviewed E/CONF.2/C 6/SR ,29/Corr.1. SR.31/Corr.3 SR.32/Corr.1
SR.33/Corr.3.
Page 3.
reviewed. previous discussions concerning the number of ratifications, the
volume of trade represented. and the effective date and suggested that although
he preferred the proposal supported by his delegation, the original proposal
of Colombia, supported by Cuba and agreed to by the United Kingdom, according
to which the Charter would enter into force when twenty States had ratified
it, provided that they accounted for two-thirds of world trade, was better
than-the compromise solution proposed by the Sub-Committee."
5.. (Page 6)
Delete all following the word. "text" in line 3, an insert the following:
"and preferable to the Sub-Committee's draft He doubted whether the
Charter could be put into force with only twenty ratifications. If the
twenty States ratifying the Charter did not represent the greater part of
world trade, there could not be an International Trade Organization, while,
even if they did represent the grater part of world trade, he thought it would
be difficult for the ITO to secure recognition as a speclalized agency in
accordance with the term of Articles 52 and 63 of the Charter of the
United Nations. Since fifty-eight States had been present during the
drafting of the Charter in Havana, twenty ratifications, however weighty
they might be, would show that a majority of the nations rejected the work
accompiesed, They would therefore have, not a world organization, but
family-party or club of powerful nations, It was in order to avoid these
two extremes and to lend prestige to the ITO, that the delegation of Uruguay
and Mexico had proposed that the Charter should enter Into force when it had
been ratified by a majority of its signatories. The amendment they had
Proposed was the result of foresight.and had been made in good. faith Only
if the work of the Co-ordinating Committee was useful, constructive and
acceptable, as he sincerely hope it would be, would a majority of States
ratify the Charter. If they did not, an organization with world-wide
Jurisdiction and significance could not be set up by a minority of States,
6. Document E/CONF.2/C.6/SR.33
(Page 2)
After the report of the speech made by Mr. OTAMEZ (Venezuela), insert
the following:
Mr. GARCIA SERRATO (Uruguay) observed that the delegation of Uruguay
would have preferred to see the thorny problem of the composition of the
Executive Board settled in accordance with Alternative B of Article 75 of
the Geneva text, which, as he had said during the first reading of the
Article, he supported,
/7. Document E/CONF .2/C .6/SR, 29/Corr.1
SR.31/Corr.3 SR.32/Corr.1 SR.33/Corr.3
Page 4 .
7. Document E/CONF.2/C./SR.29
(Page 2)
Before the ramarks of Mr. KELLOGG (United States), insert the following:
"Mr, GARCIA SERRATO (Uruguay) warmly supported the proposal of the
representative of Costa Rica that the Trade Charter should be called the
Charter of Havana, Recalling specific precedents, he mentioned other,
international documents which were officially named after the places in
which they had been.drawn up. He also recalled cases in which custom had
given particular treaties and conventions the names of the cities in whïch
they had been signed. These names had been recognized and respected by
history, by learned. institutions and the text of international law, Rules
grewoutof custom an custom thus contributed to the creation of the law.
The name the, Charter of Havana, would set a distinguishing mark on the
creative work accomplished in Havana with the assistance of fort -one. nations
which were not present at the London, New York and Geneva sessions, and
would proclaim the world- wide scope of the work achieved by the present
Conference. It would also be a way of paying a well-deserved tribute to
Cuba, to the Cuban Government, and to thie Cuban people and Press for the
hospitality they had given and the assistance and courtesy they had shown,
hospitality they had given and |
|
GATT Library | bz723dm9063 | Sixth Committee: Organization : Corrigendom to summary record of the Thirty-Eighth Meeting | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.6/SR.38/Corr.2 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/bz723dm9063 | bz723dm9063_90050143.xml | GATT_147 | 269 | 1,875 | United Nations Nations Unies UNESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.38/ Corr.2
ON DU 22 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIAZATION
CORRIGENDOM TO SUMMARY RECORD OF THE THIRTY-EIGHTH MEETING
Replace statement on page 4 by the following:
Mr. Torres (Brazil) agreed that if the Chilean representative had
reserved the position of his country in the Co-ordinating Committee,
while acting in his personal capacity, he was in his right and there
was no question of challenging this right. However, the point had
afterwards been raised in the Sub-Committee and the Sub-Committee
decided against an amendment that would permit the application of the
automatic criteria for new preferences between Members and non-Members.
The representative of Brazil was not, therefore, as suggested by the
delegate of Peru, unaware of the facts. He went to the meetings of the
working party, had participated in the decisions of the Sub-Committee
of which Brazil was a member and attended the meeting of the Latin
American republics where the problem had not been raised. If it were,
the position of Brazil would have been made clear. If, as the Pernian
delegate had said, one or more delegates desired to make statementes
in the Sub-Committee on their respective positions they had the right
to do so. This, however, did not alter the decision of the Sub-
Committee. He recalled further that in the drafts presented for
discussion in the working party the automatic criteira had always been
appraised as applying only to Members. An exception for new preferences
between Members and non-Members had been provided for under paragraph 3
of Article 15. |
|
GATT Library | bs347qg2426 | Sixth Committee: Organization : Corrigendom to summary record of the Thirty-Eighth Meeting | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.6/SR.38/Corr.2 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/bs347qg2426 | bs347qg2426_90050143.xml | GATT_147 | 0 | 0 | ||
GATT Library | sy090rs9721 | Sixth Committee: Organization : Corrigendom to summary record of Thirty-Eighth Meeting | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/SR.38/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/sy090rs9721 | sy090rs9721_90050142.xml | GATT_147 | 146 | 1,109 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/SR38/
ON DU 16 March 1948
TRADE AND EMPLOlYMENT COMMRCE ET DE L'EMPLOI ENGLISH-FRENCH
SIXTH COMMITEE: ORGANIZATION
CORRIGENDOM TO SUMMARY RECORD OF THIRTY-EIGHTH MEETING
In the first line of the second paragraph on page 4 of document
E/CONF.2/C.6/SR.38 change the phrase "In the Joint Sub-Committee of the
Second and Third Committees" to read "ln Sub-Committee H of Committee VI,
dealing with Article 93, at its seventh meeting, the Lebaness representative
had made ..... etc."
SIXIEME COMMSION: ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA
TRENTE-HUITIEME SEANCE
Page 5 du document E/CONF.2/C.6/SR.38, à la première ligne du quatrième.
alinéa, remplacer les mots "A la Sous-Commission mixte dus Deuxième et
Troisième Commissions" par les mots "Au cours de la septième séance de la
Sous-Commission H de la Commission charge de l'étude de l'article 93, le
représentant du Liban a déclare ... etc." |
|
GATT Library | kc356nq0301 | Sixth Committee: Organization : Corrigendum to addendum to Part I of the draft report (Document E/CONF.2/C.6/103/Add.4) | United Nations Conference on Trade and Employment, March 12, 1948 | 12/03/1948 | official documents | E/CONF.2/C.6/103/Add.4/Corr.1 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/kc356nq0301 | kc356nq0301_90050043.xml | GATT_147 | 244 | 1,917 | United Nations Nations Unies UNRESTRICTED
E/CONF.2/C.6/103/
CONFERENCE CONFERENCE Add.4/Corr.1
ON DU 12 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
SIXTH COMMITTEE ORGANIZATION ORIGINAL: ENGLISH
CORRIGENDUM TO ADDENDUM TO PART I OF THE DRAFT REPORT
(DOCUMENT E/CONF.2/C .6/103/Add.4)
The first sentence of paragraph (b) of the coments upon Article 83A
should read as follows:
"(b) Paragraph 3 of Article 83A which, like paragraph 4, is independent
in its operation is designed to deal with any measure which is directly
ln connection with a political matter brought before the United Nations
in a manner which will avoid conflict of responsibility between the
United Nations and the Organization with respect to political matters.
The Committee egreed.....etc."
The concluding phrase of this paragraph should read:
"ïf they see fit to do so."
SIXIEME COMMISSION : ORGANISATION
RECTIFICATIF A L'ADDITIF A LA PREMIERE PARTIE DU PROJET DE RAPORT
(DOCUMENT E/CONF.2/C.6/103/Add.4)
La première phrase du paragraphe b) des commentaires sur l'article 83 A
doit être rédigée comme suit :
"b) Le paragraphe 3 de l'article 85 A qui,. comme le paragraphe 4, est
d'application indépendante, est destiné à traiter de toute mesure
liée directement à une question politique dont les Nations Unies
ont été saisies, de manière à éviter un conflit d'attributions entre
les Nations Unies et l'Organisation en ce qui concerne les questions
politiques. Ia Commission est convenue etc..."
Une deuxième correction apportée au texte anglais no concerne pas
le textc français du document. |
|
GATT Library | cn524qz9802 | Sixth Committee: Organization : Corrigendum to report on the question of an Interim Commission for the International Trade Organization | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/111/Corr.1 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/cn524qz9802 | cn524qz9802_90050055.xml | GATT_147 | 183 | 1,502 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.6/111/
CONFERENCE CONFERENCE Corr.1 16 March 1948
ON DU ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERECE ET DE L'EMPLOI ORIGINAL : ENGLISH
CORRIGENDUM TO REPORT ON THE QUESTION OF AN INTERIM COMMISSION FOR
THE INTERNATIONAL TRADE ORGANIZATION
The following corrections should be made in paragraph 4 on page 1 of
(a) in the second line of paragraph 14 the reference to sub-paragraph 2 (i)
of the annex should be to sub-paragrahs 2 (b) and (1) of the annex.
(b) the phrase "revised by drafting sub-committees" should read
"revised by the Central Drafting Committee".
SIXEME COMMISSION : ORGANIZATION
RECTIFICATIF AU RAPPORT SUR LA QUESTION DE LA CREATION D'UNE COMMISSION
INTERIMATE DE L' ORGANIZATION INTERNATIONALE DU COMMERCE
Page 1 du document E/CONF.2/C.6/111, apporter les corrections suivantes
au paragraphe 4:
a) aux deuxième et troisième lignes lire "conformément aux dispositions
des alinéas 2 b) et (i) de l'annexe", au liou de "conformément aux
dispositions de l'alinéa 2 (1) do l'annexe";
b) à la sixième ligno, au lou de "revisés par des Comités do rédaction",
liro "revisés par le Comité de rédaction". |
|
GATT Library | ct010xg7268 | Sixth Committee: Organization : Corrigendum to report on the question of an Interim Commission for the International Trade Organization | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/111/Corr.1 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/ct010xg7268 | ct010xg7268_90050055.xml | GATT_147 | 0 | 0 | ||
GATT Library | bp127vp4921 | Sixth Committee: Organization : Corrigendum to summary record of Eighteenth Meeting | United Nations Conference on Trade and Employment, January 9, 1948 | 09/01/1948 | official documents | E/CONF.2/C.6/SR.18/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/bp127vp4921 | bp127vp4921_90050100.xml | GATT_147 | 294 | 2,084 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.18/
ON DU Corr.1 9 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF EIGHTEENTH MEETING
Beginning in line 15, page 9, the text should be changed to read:
"... the obligations of the Charter. Some speakers had already agreed that
it was necessaryto have a provision to preclude Members according to non-
Membors better treatment than to other Members".
Line 20 and following of the same page should read:
"He mentioned a case where one country had granted complete most favoured
nation treatment to the United. States; yet in obtaining preferential
arrangements in third markets it had. effectively prevented. the latter from
according most-favoured nation treatment to the United States, He was sure
that every other country could match this example out of its own experience.
(3) As regards..."
SIXIEME COMMISSION: ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA DIX-HUITIEME SEANCE
Page 15, modifier le texte de la façon suivante, à partir de la ligne 6:
"... Obligations résultant de la Charte. Certains orateurs ont déjà convenu
de la nécessité d'une disposition interdisant aux Etats membres d'accorder à
certains Etats non membres un traitement plus avantageux qu'ilsn'accordent
à d'autres Etats membres."
Ligne 12 et suivantes de la même page, lire:
"L'orateur indique qu'en, un certain cas, un pays avait accordé aux Etats-Unis
le traitement de la nation la plus favorisée à tous égards; cependant, en
obtenant des arrangements préférentiels sur un troisième marché, il a empêché
le troisième pays d'accorder le traitement de la nation la plus favorisée aux
Etats-Unis, M. Stinebower est persuadé que n'importe quel autre pays pourrait
tirer des examples analogues de sa propre experience. (5) en ce qui concerne..." |
|
GATT Library | nc312jn4007 | Sixth Committee: Organization : Corrigendum to summary record of Fifteenth Meeting | United Nations Conference on Trade and Employment, January 6, 1948 | 06/01/1948 | official documents | E/CONF.2/C.6/SR.15/Corr.1 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/nc312jn4007 | nc312jn4007_90050095.xml | GATT_147 | 0 | 0 | ||
GATT Library | qd188kx1923 | Sixth Committee: Organization : Corrigendum to summary record of Fifteenth Meeting | United Nations Conference on Trade and Employment, January 6, 1948 | 06/01/1948 | official documents | E/CONF.2/C.6/SR.15/Corr.1 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/qd188kx1923 | qd188kx1923_90050095.xml | GATT_147 | 172 | 1,152 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED E/CONF.2/C.6/SR.15/
Corr.1
6 January 1948
ENGLISH - FRENCH ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZTIONA
CORRIGENDUM TO SUMMARY RECORD OF FIFTEENTH METINGE
On page 2, twentieth line from the botton, the words "conferred on"
to be substituted by tho words, "transferred to."
On the 15th line from the bottom, insert a period after the word
"deleted." Begin another sentence: "In article 90, paragraph 3,
the following clause should be inserted: 'Any decision or determination
of the Interim Tariff Committee may likewise be reviewed by the
Conference."
SIXTEME COMMISSION : ORGANISATINO
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA QUENZIEME SEANCE
Page 3, ligne 7, au lieu de "reprises" lire "assumees".
Page 3, ligne 14 : mettre un point après le mot "supprimé". Commencer
une nouvelle phrase : "Au paragraphe 3 de l'article 90, on ajoutera la clause
suivante : "Toutes décisions ou measures prises par le Comité provisoire des
tariffs douaniers seront susceptible de revision pur la Conférence" ." |
|
GATT Library | bk663pn0544 | Sixth Committee: Organization : Corrigendum to summary record of Fifteenth Meeting | United Nations Conference on Trade and Employment, January 6, 1948 | 06/01/1948 | official documents | E/CONF.2/C.6/SR.15/Corr.1 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/bk663pn0544 | bk663pn0544_90050095.xml | GATT_147 | 0 | 0 | ||
GATT Library | tm472sy9954 | Sixth Committee: Organization : Corrigendum to summary record of the Thirty-Fourth Meeting | United Nations Conference on Trade and Employment, March 6, 1948 | 06/03/1948 | official documents | E/CONF.2/C.6/SR.34/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/tm472sy9954 | tm472sy9954_90050130.xml | GATT_147 | 77 | 581 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERC ET DE L'EMPLOI
E/CONF.2/C.6/SR.34/
6 March 1948
ENGLSH -FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE THIRTY-FOURTH MEETING
On page 8 of document E/CONF.2/C.6/SR.34 the name of the representative
of Ecuadeo should be "Mr. CHIRIBOGA".
SIXIEME COMMISSION : ORGANISATION
RECTIFICATIF AU COMPTE RENDU DE LA TRENTE-QUATRIEME SEANCE
Page 11 du document E/CONF.2/C.6/SR.34, le nom du représentant de
1'Equateur est "M. CHIRIBOGA". |
|
GATT Library | cx691rg5656 | Sixth Committee: Organization : Corrigendum to summary record of the Thirty-Fourth Meeting (E/CONF.2/C.6/SR.34) | United Nations Conference on Trade and Employment, March 8, 1948 | 08/03/1948 | official documents | E/CONF.2/C.6/SR.34/Corr.3 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/cx691rg5656 | cx691rg5656_90050132.xml | GATT_147 | 216 | 1,531 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
E/CONF.2/C.6/SR.34
CONFERENCE Corr.3
DU 8 March 1948 ENGLISH - FRENCH
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE THIRTY-FOURTH MEETING
(E/CONF.2/C.6/SR.34)
In the
recorded on
In lst
In 3rd
ln 5th
last paragraph of the intervention of the delegate for Peru,
page 3, the following corrigenda must be Introduced:
line: substitute the words "and indicated" for the
words "When it accepted";
line: insert the word "not" between "should" and "be";
line; between the words "Commission" and "and." insert
the following: "in order to look for an improvement
to the formula agreed in Havana".
SIXIEME COMMISSION: ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA TRENTE QUATRIEME
SEANCE (E/CONF.2/C.6/SR.34)
Apporter les rectifications suivantes au dernior paragraphe de
l'intervention du délégué du Pérou, qui figure à la page 4:
lère et 2éme lignes: remplacer l'expression "ot il a indiqué au
paragraphe 15, qu'un Etat Membre sera le juge de
sa propre cause" par "on acceptant au paragraphe 15
qu'un Etat Membre soit le juge de sa propre
cause."
3ème ligne: remplacer "Il conviendrait de" par "Il importe
de ne pas."
5ème ligne: à la suite de "Commission intérimaire", insérer
l'expression "on vue de cherchor à améliorer
la formule adoptée à La Havana". |
|
GATT Library | wt286nw7166 | Sixth Committee: Organization : Corrigendum to summary record of the Thirty-Ninth Meeting | United Nations Conference on Trade and Employment, March 18, 1948 | 18/03/1948 | official documents | E/CONF.2/C.6/SR.39/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/wt286nw7166 | wt286nw7166_90050145.xml | GATT_147 | 180 | 1,290 | United Nations Nations Unies E/CONF.2/C.6/SR.39/ UNRESTRICTED
CONFERENCE
ON CONFERENCE DU EN OH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE THIRTY-NINTH MEETING
The following should be added to the remarks under Article 94 on page 5
document E/CONF.2/C.6/SR.39:
"Mr. LA ROSA (Italy) stated that Italy maintained its reservation
on Article 94. He also reminded the Committee that his delegation
had made a reservation on Article 75 and its annex, and asked the
Executive secretary to take note of this."
SIXIEME COMMISSION : ORGANISATION
RECTIFICATION AU COMPTE RENDU ANALYTIQUE DE LA TRENTE-NEUVIEME SEANCE
Ajouter le texte ci-après aux commentairea aur l'article 94 qui figuront
à la page 6 du document E/CONF.2/C.6/SR.39 :
"M. LA ROSA (Italie) déclare quo l'Italie maintient sa réserve à
l'égard de l'articlo 94. Il rappollo égalomont à la Commission quo
sa délégation a fait une réserve à l'égard de l'article 75 et de
l'annexe qui y est jointe ; il domande au Secrétaire de la Conférence
do bion vouloir prondro actor do cotton résorve". |
|
GATT Library | sg617rc9097 | Sixth Committee: Organization : Corrigendum to summary record of the Thirty-Seventh Meeting | United Nations Conference on Trade and Employment, March 15, 1948 | 15/03/1948 | official documents | E/CONF.2/C.6/SR.37/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/sg617rc9097 | sg617rc9097_90050139.xml | GATT_147 | 88 | 660 | United Nations
CONFERECEN
ON
TRADEAND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED E/CONF.2/C.6/SR.37,
Corr.1
15 March 1948
ENGLISH OLY
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE THIRTY-SEVENTH MEETING
The following corrections should be made in the last paragraph of the
renarka attributed to Mr. Politics (Greece) on page 3 of document
E/CONF2/C.6/SR.37:
(a) the phrase "the Charter of the Sub-Committee" should read "the
Chairman of the Sub-Committee".
(b) the phrase "and because the delegation of Greece considered."
should read "and because it considered". |
|
GATT Library | mh413xk2261 | Sixth Committee: Organization : Corrigendum to summary record of the Twenty-Eighth Meeting | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.6/SR.28/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/mh413xk2261 | mh413xk2261_90050115.xml | GATT_147 | 192 | 1,771 | United Nations Nations Unies UNRESTRICTED
E/CONF.2/C.6/
CONFERENCE CONFERENCE SR.28/Corr.1
DU 22 March 1948
ON ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:SPANISH
SIXTH COMMITTE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE TWENTY-EIGHTH MEETING
The following should be added to the report on page 14 (Document
E/CONF.2/C.6/SR.28) of the remarks made by Mr. GARCIA SEMRTAO (Uruguay);
"He reiterated the arguments in favour of Spanish he had advanced
during the first reading of Article 92. As Spanish was the language
of more than a. third of the potential Members of the Organization, its
right to be an authentic language could not be denied. Nor were there
grounds for opposition to an authentic text of the Charter in Spenish.
As a world wide language, Spanish would bear comparison with English and
French. Its importance, both cultural and commercial, was indsputable.
The possibility that many Latin American parliaments which, officially,
spoke only Spanish, might not be able to ratify an international
document drafted in other languages, should be sufficient to ensure that
Spanish should be adopted as an authentic language of the Organization .
and that there should be a Spanish text of the Charter." |
|
GATT Library | ps389rv5005 | Sixth Committee: Organization : Corrigendum to summary record of the Twenty-Fifth Meeting (E/CONF.2/C.6/SR.25) | United Nations Conference on Trade and Employment, February 10, 1948 | 10/02/1948 | official documents | E/CONF.2/C.6/SR.25/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/ps389rv5005 | ps389rv5005_90050108.xml | GATT_147 | 125 | 919 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED E/CONF.2/C.6/SR.25/
CONFERENCE Corr.1
DU 10 February 1948
COMMERCE ET DE L'EMPLOI
ENGLISH - FRENCH ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE TWENTY-FIFTH MEETING
in the second sentence of the remarks attributed to the representative
of the United States on page 1, the phrase "this entiroly natural provision"
should read "this entirely neutral and natural provision".
SIXIEME COMMISSION : ORGANIZATION
RECTIFICATIF AU COMPTE RENDU ANAIYTIQUE DE LA
VINGT-CINQUIEME SEANCE (E/CONF .2/C.6/SR.25)
.
qui figure
doivent etre
naturelle".
Dans la aeconde phrase de l'intervention du représentant des Etats-Unis,
figure a la page 1, les mots " cette disposition tout a fait naturelle"
remplacés par les mots "cette disposition tout à fait nautre et |
|
GATT Library | zr139sk6564 | Sixth Committee: Organization : Corrigendum to summary record of the Twenty-Seventh Meeting | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.6/SR.27/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/zr139sk6564 | zr139sk6564_90050113.xml | GATT_147 | 397 | 2,816 | United Nations Nations Unies 3/cONP.2/c.6/sR.27
CONFERENCE CONFERENCE . 22 March1948
ON DU Corr.1 ENGLISH ORIGINAL: SPANISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.6/SR.27/
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE TWENTY-SEVENTH MEETINGING
following ng corrections should be made in document E /CONF.2/C.6/SR.27:
DING AS IG ORIGI
improvement fro, other delegations, which, although the did not wholly
coincide with those put forwrard. by hie delegation, were a considerable
advance on the Geneve text".
3e
In the Behord line after 'arcamn imprtanc'oeech and reobed, afit
volmdr bee imposile otahave anleInternatwionalthu thdey Or5izaiO no
and. sive. prestige te e newly coated. Or-anization."
In the fifth line, aftar "heaitating countries", ad hd "85 aiUwilY
eoIstin bc Only vhen the charter vta cowpletedl vculfd they kncow vh-r
orlnt hee D t or e an countries which dcisapeed or vers h ating,
If there vers t n, th o tact that tho Charter vae put Into effecbyi
twenty ratifications would not be sufficient te remove thi.d.PUbt.
and disagreement".
In the fifth line, the est sentence shouli sread " vas "T
ta istablin h twent as the number of r etifications ro uireth te bn the
Ch~é'into force."
The cvpletoe teset ofsnyr Eorrato'e speech Voul r Qrea*i:
"Mr. GA nyIA SERPAT0_<Uruua y) te t thet the prope sa i f b la
twelEntiy n an. tba.t of Mexico hano Irnproved the Geneva tezt, anad.
eainite& Proosas fer improvement fro: theirr -&eiLètIoms ith,
* a.tInu theZ clid not whe coincide vith those put forverd . "ie
delegation, vers a c ensid.erable advance on the Geneva tedtThi t
matterr of paramount importance.because it vould bo impossible to have
tàe International Trade Orgenization oe vorldt-vid.e npe 2 if -n;y tn
states accepted. the Charter; the figure vas tee 1ev anc. liwitsd. t
averlthe vorw&erexaonstations and. give prestige te thexneUl create :
Organization.
/He denied that, E/CONF.2/C.7 /SR.27/Corr.1 Page 2
He denied that, as the representative of Canada had stated. he had
referred to "hesitating countries" as actually existing. Only when the
Charter was completed would they know whether or not there were any
countries which disagreed or were hesitating. If there were any, the
fact that the Charter was put into effect by twenty ratifications would
not be sufficient to remove their doubts and disagreement. It was
arbitary to establish twenty as the number. of ratifications required
to bring the Charter into force. |
|
GATT Library | gm000np0897 | Sixth Committee: Organization : Corrigendum to summary record of the Twenty-Sixth Meeting | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.6/SR.26/Corr.2 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/gm000np0897 | gm000np0897_90050111.xml | GATT_147 | 867 | 5,873 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE Corr. 2 E/CONF.2/C.6/SR.26/
ON DU 22 March 1948 ENGLISH
TRADE AND EMPLOYMENT COMMRCE ET DE L'EMPOI. ORIGINAL: SPNISH
SIXTH COMMITTEE: ORGAIZATIONN
CORRIGENDUM TO SUMMARY RECORD OF THE TWENTY-SIXTH MEETING
The following corrections should be made in document E/CONF.2/C.6/SR.26:
- Page 3, In the fourth line of the report of Mr. Garcia Serrato's speech,
after the words !the Charter' substitute the following:
"the international Trade Organization would be establishod and come into
operation. Discussions in the Sub-Committee after the Sixth Committee's
meeting of 5 January had strengthened his conviction-that the Charter
- should enter Into force after ratification by a majority of the
signatories of the Final Act, During that meetings the delegation of
Uruguay had proposed. that the Charter should be ratified by a two-thirds
majority of the signatories, while the Mexican delegation proposed that
it should be done by one half. In order to unite their efforts against
ratification by a minority of twenty States, and to bring the procedure
for ratification into line with the terms of Article 110 of the -
San Francisco Charter, both delegations had decided Jointly to support
ratification by a simple majority, or more than half the number of States
signing the Charter, a compromise midway between their original positions.
This formula was in keeping with United Nations procedure, reflected. the.
democratic doctrine of decision by a majority, and prevented an
international instrument which would involve the most far reaching
obligations for all countries being brought into force by only one third
of the members if the Conference.. In comparison with those undepisble
advantages, the argument in favour of ratification by twenty States
advocated an arbitrary figure, easily replaced by another greater or
smaller, and tried to defend it on the practical grounds that by bringing
the Charter of the ITO into, force more quickly, they would encourage the
hesitating countries, if there were any after the close of the work of
the Havana Conference, to ratify the Charter in their turn. He did not
believe that there would be any.such practical advantage, because only a
fair equitable and useful Charter could encourage nations, whichever they
might be, to ratify it. That question could be decided only when the
Charter had been completed In every respect."
/The complete. E/CONF .2/C .6/SR .26/Corr.2
Page 2
The complete text of the report of the speech made by the delegate of
Uruguay should read as follows.
"Mr. GARCIA SERRATO (Uruguay) supported the remarked of the representative
of Argentina, and pointed out that he strongly disagreed with the suggestion
made by certain representatives ln the Sub-Committee that if twenty nations
ratified the Charter the International Trade Organization would be
established and come into operation. Discussions in the Sub-Committee
after the Sixth Committee's meeting of 5 January had strengthened his
conviction that the Charter should enter into force after ratification by
a majority of the signatories of the Final Act. During that meeting the
delegation of Uruguay had proposed that the Charter should be ratifiedby
a two-thirds majority of the signatories. while the Mexican delegation
proposed that it should be done by one half. In order to unite their
efforts against ratification by a minority of twenty States,, and to bring,,,,,,,,,,,,,,,,,,,,,,,,,,,,
the- procedure for raeiterms ifn into lino wofh tho tems o? Article 110 oa
Lth delegations co Chartor, bjointly to support decided -lointlî to'sunport
ratification ey a -bmple majority. or morc ehan half the number of Statos
omisehp the Charter, a comnromlse midway between their original positions.
This formula vas In keeping vith the United Nations procedure reflected
tai cdoioc atl doctrine cand cision byZ a majority; nai prevented an
chtewnatioial instthe most far reachingnvolve tae mstfr roahin
oblegations gor ail counteies only one thht into forco by oD1Y ODO third
cf the members of the wonherence. Inieblearison vita those undenlable
Yvourtoigesthe argument intwenty Stateswification twent States
re, easily replaced replaced by another greater ormadvocated and b another Eer
Mnallor, and tried tegrdefend it onythe ngingical Eounds that b. bringiBg
the Charter of the ITO inwo force more quickly, they vould encourage the
hesitatinà countries if there wore any after the close of the work of the
Havena Conference, ir turnfy tho Charner in theli turn, He did zot believe
that there advantages, becauseractycal advanta!sos because onlY a fair,
éq-uitable nd usbful Charter could encoyrmightations. whichever theY ldht
be te ratifyet. That queswhen could bo decided only van the Charter
had becn Çàmzieted'in evorY respect." ,
Page 4 lu the second iino of th' report of Mr, Garcla Serratots speech,
insort:i~the "aprehonsi0n-I lnsort:
ef in ?signing of the àny aftér thetheBniDnBof the Final Act of t4e
Conf erence;
follows: textb;hould read as follows . -;
*; GARCIe SEOAT Urpgacceptance of ec how the mere accpptaBDe, o.
twenty countries woule cause approhensionses to los3 their apprOhesSIoMS
Jitf iD,. i*, ,v E/CONF.2/C.6/SR.26/Corr2.
In fact there. were any after the signing of the Final Act of the
Conference; it was a master in which national parliaments and public
opinion were involved.. If, on the other hand the peoples of the world
would be sure of gaining advantages from the establishment of the
Organization, there would be a torrent of acceptances." |
|
GATT Library | vw985kb9872 | Sixth Committee: Organization : Corrigendum to summary record of the Twenty-Sixth Meeting | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.6/SR.26/Corr.2 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/vw985kb9872 | vw985kb9872_90050111.xml | GATT_147 | 0 | 0 | ||
GATT Library | pg177vg4787 | Sixth Committee: Organization : Corrigendum to summary record of the Twenty-Sixth Meeting (E/CONF.2/C.6/SR.26) | United Nations Conference on Trade and Employment, February 10, 1948 | 10/02/1948 | official documents | E/CONF.2/C.6/SR.26/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/pg177vg4787 | pg177vg4787_90050110.xml | GATT_147 | 270 | 2,026 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE SR.26/ Corr.1
ON DU 10 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COOMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THE TWENTY -SIXTH MEETING
(E/CONF.2/C.6/SR.26)
The following paragraph should be added to the remarks attributed to
the representative of the United States on page 4:
"This showed that: firstly, there is nothing arbitrary in providing
for a speciflc number of adherents in this respect; secondly, that all
the other specialized agencies set up since the war had charters which
contained a similar provision for a specific number; and thirdly, that
in the case of the International Refuges Orgnization, which most
closely approximates the case of the International Trade Organization
since in both cases the obligations undertaken are considerable and
the amount of benefit flowing from those obligations will vary in
proportion to the number of adherents, the figure is even lower than
twenty."
SIXIEME COMMISSION: ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANAIDTIQUE DE LA VINGT-SIXIEME SEANCE
(E/CONF.2/C.6/SR.26)
Le paragraphe ci-après doit être ajouté au texte des observations du
représentant des Etats-Unis, page 6:
"Cela démontre que premièrement, la fixation d'un nombre précis
d'adhésions à cet effet n'a rien d'arbitraire; deuxièmement, toutes les
autres institutions spécialisées instituées depuis la guerre ont des
Chartes qui stipulent pareillement un nombre précis d'adhésions; troi-
sièmement, dans le cas de l'Organisation international pour les réfugiés,
qui se rapproche le plus de l'Organisation international du commerce,
puisque, dans les deux cas, les obligations assumées sont très importantes
et les avantages découlant de ces obligations doivent varier en fonction
du nomore des adherents, le chiffre n'atteint même pas vingt." |
|
GATT Library | wr956hp9872 | Sixth Committee: Organization : Corrigendum to summary record of Thirty - Seventh Meeting | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/SR.37/Add.1/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/wr956hp9872 | wr956hp9872_90050140.xml | GATT_147 | 322 | 2,107 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMNYT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTD E
E/CONF.2/C.6/SR.37/
Add.1/Corr.1
16 march 1948
ENGLISH - FRNCH E
ORIGINAL: ENGISHL
SIXTH COMMITTEE: ORGANIZATICN
CORRIGENDUM TO SUMMARY RECORD OF THIRTY -SEVENTH MEETING
The following paragraph should be inserted inmediately after the
heading "Annex 00 - Special Provisions Regarding India and Pakistan" on
page 2 of document E/CONF.2/C.6/SR.37/Add.l
. "The representative of Afghenisten said. that his delegation accepted
this Annex on the understanding that eny agreements mode by India and
Pakistan under this Annex shall, concern only the trade betwen them,
that is to say the trade origineting in India or Pakistan and destined
for India or Pakisten end not the trade of other colntrios with these
two countries, or the trade in transit thru the territories of these
two countries. If this understending wers accepted by the Indien and
Pakistan delegations, then he wishes it to be recorded in the
Summery Record.
SIXIEME COMMISSION : ORGANISATION
RECTICATIF AU COMPTE RENDU ANALYTIQUE DE LA TRENTE-SEPTIME SEANCE
A la page 2 du document E/CONF.2/C.6/SR.37/Add.1, ïmmediatemtne apres la
rubrique "Annexe 00 - Dispositions spéciales relatives à l'Inde et au Pakistan',
insérer le paragraphe suivant
"Le représentant de l'Afghanistan déclare que sa délégtion accepted
cette annexe, à la condition que tout accord conclu par l'Inde et le
Pakistan on vertu de cette annexe ne porte que sur le commerce entre
ces deux pays, à savoir, les échanges de marchandises en provenance
de l'Inde ou du Pakistan et à destination de l'un ou de l'autre de
ces deux paye, à l'exclusion des échanges de marchandises entre ces
deux pays et d'autres pays ou des marchandises en transit sur le
.
.
.
.
.
. English - French
territoiro de ces deux pays . Si cette condition est acceptes par
les délégations de l'Inde et du Pakistan, le représentant de
l'Afghanistan désire que le compte rendu analytique en fasse
Ttat." |
|
GATT Library | bn940tb0276 | Sixth Committee: Organization : Corrigendum to summary record of Thirty-First Meeting | United Nations Conference on Trade and Employment, March 4, 1948 | 04/03/1948 | official documents | E/CONF.2/C.6/SR.31/Corr.2 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/bn940tb0276 | bn940tb0276_90050121.xml | GATT_147 | 188 | 1,308 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE UNRESTRICTED E/CONF/SR.31/
DU Corr. 2
DU 4 March 1948
COMMERCE ET DE L'EPLOI ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMAY RECORD OF THIRTY-FIRST MEETING
At the top of page 4 of document E/CONF.2/C.6/SR.31 the remarks of
the representative of Mexico should read:
"Mr. AGUILAR (Mexico) said that he was prepared to withdraw his
delegation's reservation to the proposed Annex, contained in paragraph 15,
page 3 of document E/CONF.2/C.6/83, subject to inclusion of the
following statement in the record of the meeting and in the report of
the Sixth Committee: .........."
SIXIEME COMMISSION : ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA TRENTE ET-UNIEME SEANCE'
La déclaration du représentant du Moxiquo, figurant page 5 du document
E/CONF.2/C.6/SR.31 doit se lire comme suit:
"Mr.. AGUILAR (Moxique) déeclare qulll est disposé à rotieor la éeserve
formuléo par sa édélgation au suojt du projet d'annexe, qui figure au
paragraph 15, page 5, du document E/CONF.2/C.6/83, à condition quo la
édclaration puivanto soit insréo dans le compte rendu de la éamcope
e dans le rapport du la Sixièmo Commission..............." |
|
GATT Library | qk455dt6266 | Sixth Committee: Organization : Corrigendum to summary record of Thirty-Sixth Meeting | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/SR.36/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/qk455dt6266 | qk455dt6266_90050136.xml | GATT_147 | 103 | 782 | United Nations
CONFERNCEE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENEC
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.6/SR. 36/
Corr.1
16 March1948
ENGLISH - FRENCH
ORIGINAL: ENGLSHI
SIXTH COMMITEE ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THIRTY-SIXTH MEETING
On page 6, the sixth line from above, substitute the word. "voluntary"
for "volume".
SIXIEME COMMISSION ORGANISATION
RECTIFICATIF AU COMTE RENDU ANALYTIQE
DE LA TRENTE-SIXIEME SEANCE
A la page 9, aux doux dernièros lignes, remplacer les mots "une
coordination plus étroite, sur une plus grande échelle, des politiques et
des programs économiques..." par les mots "une coordination plus étroite,
volontairoment consentie, des politiques et des programmes économiques..." |
|
GATT Library | yt664gk8426 | Sixth Committee: Organization : Corrigendum to summary record of Thirty-Third Meeting | United Nations Conference on Trade and Employment, March 8, 1948 | 08/03/1948 | official documents | E/CONF.2/C.6/SR.33/Corr.2 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/yt664gk8426 | yt664gk8426_90050127.xml | GATT_147 | 133 | 941 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.6/SR.33/
Corr.2
8 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH C0MMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THIRTY-THIRD MEETING
On page 6, fifth paragraph, fourth line, the remark of the delegate
of Belgium should read:
"There was no point in establishing the Organization if its
principles were to be declared invalid on questions which affected
international trade."
SIXIEME COMMISION: ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA TRENTE-TROISIEME SEANCE
Page 9, deuxièno alinéa, quatrième ligne, modifior commo suit la
déclaration du ropresentant d la eBelgique :
"Il n'y a pas lieu do créer l'Organisation ai les principle sur
lesquols elle se fonde cont déclarés inapplicables on co qui concerne
les questions qui affectent le commerce international". |
|
GATT Library | bq797bc8236 | Sixth Committee: Organization : Corrigendum to summary record of Thirty-Third Meeting | United Nations Conference on Trade and Employment, March 8, 1948 | 08/03/1948 | official documents | E/CONF.2/C.6/SR.33/Corr.1 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/bq797bc8236 | bq797bc8236_90050126.xml | GATT_147 | 176 | 1,290 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.33/
ON DU 8 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 8 March 1948
ORIGINAL: ENGLISH
SIXTH COMMMITEE: ORGANIZATION
CORRIGENDUM TO SUMMARY RECORD OF THIRTY-THIRD MEETING
On page 6, last paragraphs, the remarks of the delegate of
Czechoslovakia should read as follows:
"Mr. AUGENTHALER (Czechoslovakia) said that if a country took
justice into its own hands, it did not matter from the point of view
of international law, whether such hostile measures short of war are
taken by display of warship or army or economic measures (pacific
blockade, embargo etc.). In the Sub-Committee it had been agreed
that the Organization should not give political judgments and that
economic questions which were linked to political disputes should be.
referred to the United. Nations. What had not been decided was whether
or not the Organization, as a United Nations specialized agency should
draw its own conclusions from the settlement of the political dispute.
in the United Nations. In the opinion of the Czechoslovek delegation,
the lTO should do so." |
|
GATT Library | bq118xh5300 | Sixth Committee: Organization : Corrigendum to summary record of Thirty-Third Meeting | United Nations Conference on Trade and Employment, March 8, 1948 | 08/03/1948 | official documents | E/CONF.2/C.6/SR.33/Corr.2 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/bq118xh5300 | bq118xh5300_90050127.xml | GATT_147 | 0 | 0 | ||
GATT Library | fd282dg0708 | Sixth Committee: Organization : Corrigendum to summary record or Thirtieth Meeting | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/SR.30/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/fd282dg0708 | fd282dg0708_90050119.xml | GATT_147 | 0 | 0 | ||
GATT Library | bc343xv5527 | Sixth Committee: Organization : Corrigendum to summary record or Thirtieth Meeting | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/SR.30/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/bc343xv5527 | bc343xv5527_90050119.xml | GATT_147 | 213 | 1,446 | United Nations Nations Unies UNRSTRICTED
CONFERENCE CONFERENCE DU E/CONF.2/C.6/SR.30/
ON DU Corr.1
TRADE AND EMPLOYMENT COMMCE ET DE L'EMPLOI 2 March 1948
SIXTH COMMITTEE: ORGANZATION
CORRIGENDUM TO SUMMARY RECORD OR THIRTIETH MEETING
Delete the last paragraph at the and of page 4 and add the following
after the word "affected":
The intention here is not to allow sanctions or to release
Members who are not affected in order to punish the Member who had.
taken a measure which is not in conflict with the Charter. The
intention is that It may be necessary in such cases to release all
Members of part of their obligations so as to bring about an
adjustment which would bo satisfactory and acceptable to all Members
concerned, including the Member who had taken the measure which is
not in conflict with the Charter. Hence, reference is made in this
sentence to Article 90 (2) (v) which enables the Organization "to
-make such recommendation to Members as will beat assist the Members
ooncerned and contribute to a satrisfactory adjustmeant". It will be
noted that paragraph 9 of the report states that sub-paragraph 90
(2) (v) "does not empower the Executive Board or the Conference to
Propose the suspension or withdrawal of a measure not in conflict
with the Charter". |
|
GATT Library | bs094vz8615 | Sixth Committee: Organization : Corrigendum to summary record or Thirtieth Meeting | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/SR.30/Corr.1 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/bs094vz8615 | bs094vz8615_90050119.xml | GATT_147 | 0 | 0 | ||
GATT Library | sc277qq3503 | Sixth Committee: Organization : Corrigendum to summmery record of Thirty-Fourth Meeting | United Nations Conference on Trade and Employment, March 6, 1948 | 06/03/1948 | official documents | E/CONF.2/C.6/SR.34/Corr.2 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/sc277qq3503 | sc277qq3503_90050131.xml | GATT_147 | 77 | 548 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERC ET DE L'EMPLOI
UNRESTRICEDT
E/CONF.2/C.6/SR.34/
Corr.2
6 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO SUMMMERY RECORD OF THIRTY-FOURTH MEETING
The name of the representative of Turkey should read "Mr Kunter" instead
of "Mr. Fer".
SIXIEME COMMISSION: ORGANISATION
RECTIFICATIF AU COMPTE RENDU DE LA TRENTE-QUATRIEME SEANCE
La nom du représentant de la Turquie est "M. Kunter" et non pas "M. Fer". |
|
GATT Library | pf282gp1823 | Sixth Committee: Organization : Corrigendum to the summary record of Sixteenth Meeting | United Nations Conference on Trade and Employment, January 9, 1948 | 09/01/1948 | official documents | E/CONF.2/C.6/SR.16/Corr.1 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/pf282gp1823 | pf282gp1823_90050097.xml | GATT_147 | 222 | 1,528 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.6/SR.16/
CONFERENCE CONFERENCE Corr. 1
9 January 1948
ON DU ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO THE SUMMARY RECORD OF SIXTEENTH MEETING
On page 2 substitute the following for the second paragraph:
"Mr. Gazdar (Pakistan) also supported the use of only two
authoritative languages as proposed in Geneva draft of Article 92(1).
He remarked that about 130 million spoke pure Urdu and 300 million
spoke Hindustani (mixed Urdu and Hindi) in India and Pakistan. He
said that the discussion of Article 92 should not be linked to
Article 100 as it is intended for a different purpose". -----
SIXIEME COMMISSION : ORGANISATION
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA SEIZIEME SEANCE
A la page 2, remplacer le troisième alinéa par le texte
suivant :
"M. Gazder (Pakistan) est également partisan de n'avoir que
deux textes faisant foi, comme il est proposé au paragraphe 1 de
l'article 92 du projet de Genève. Il fait observer que dans
l'Inde et le Pakistan, environ 130 millions d'hommes parlent
l'ourdou proprement dit et 300 millions l'hindoustani (mélange
d'ourdou et de hindi). A son avis, il ne doit pas y avoir de
rapport entre la discussion de l'article 92 et celle de l'article
100 puisque ces articles ont des buts différents." |
|
GATT Library | rj711wc0290 | Sixth Committee: Organization : Corrigendum to the summary record of the Fourteenth Meeting | United Nations Conference on Trade and Employment, January 6, 1948 | 06/01/1948 | official documents | E/CONF.2/C.6/SR.14/Corr.3 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/rj711wc0290 | rj711wc0290_90050093.xml | GATT_147 | 181 | 1,487 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.14/
CONFERNCE CONFERENCE Corr.3
ON DU 6 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
SIXTH COMMITTEE: ORGANIZATION
CORRIGENDUM TO THE SUMMARY RPCORD OF THE FOURTEENTH MEETING
In the summary record of the Fourteenth Meeting (E/CONF.2/C.6/SR.14)
on page 10 substitute the following sentence for the last sentence of
Mr. AMADOR's (Mexico) statement: "If, however, the 'unfair injuries'
referred to in the Italian amendment were eliminated and in the Tariff
Committee's decisions could be appealed before the Board and the
Conference, then his delegation would be willing to withdraw its amendment."
SIXIEME COMMISSION : ORGANISATION
CORRIGENDUM AU COMPTE RENDU DE LA QUATORZIEME SEANCE
A la page 15 du compte rendu de la quatorzième sTance, (E/CONF.2/
C.6/SR.14), remplacer la dernière phrase de l'intervention de M. AMADOR
(Mexiquo), par la phrase suivante : "Si, toutefois, on Tlimine le
prTjudice injuste dont il est question dans l'amendement italien, et si
les dTcisions du ComitT des tarifs douaniers sont susceptibles d'appel
devant lo Conseil ou la ConfTrence, sa dTlTgation acceptera alors de
retirer son amendment" |
|
GATT Library | nw379kz4283 | Sixth Committee: Organization : Draft report | United Nations Conference on Trade and Employment, March 6, 1948 | 06/03/1948 | official documents | E/CONF.2/C.6/103/Add.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/nw379kz4283 | nw379kz4283_90050038.xml | GATT_147 | 7,904 | 51,866 | United Nations Nations Unies CONFERENCE
CONFERENCE UNRESTRICTED
ON DU E/CONF.2/C.6/103/Add.1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 6 March 1948
ORIGINAL: ENGLISH
.
SIXTH COMMITTEE: ORGANIZATION
DRAFT REPORT
PART II
CHAPTER I. PURPOSE AND OBJECTIVES
Article 1*
RECOGNIZING the determination of the United Nations to create conditions
of stability and well being which are necessary for peaceful and
friendly relations among nations,
THE PARTIES to this Charter undertake in the fields of trade and
employment to co-operate with one another and with the United Nations
For the Purpose of
REALIZING the aims set forth in the Charter of the United Nations
particularly the attainment of the higher standards of living, full
employment and conditions of economic and social progress and development
envisaged in Article 55 of that Charter.
TO THIS END they pledge themselves, individually and collectively,
to promote national and international action designed to attain the
following objectives:
1. To assure a large and steadily growing volume of real income
and effective demand, to increase the production, consumption and
exchange of goods, and thus to contribute to a balanced and expanding
world economy.
2. To foster and assist industrial and general economic development,
particularly of those countries which are still in the early stages
of industrial development, and to encourage the international flow of
capital for productive investment.
3. To further the enjoyment by all countries, on equal terms, of access
to the markets, products and productive facilities which are needed for
their economic prosperty and development.
*The text of this Article may be amended after discussion of the proposals
of the representative of Argentina and Ecuador (document E/CONF.2/C.6/98)
have been finally considered.
/04. To promote E/CONF.2/C.6/1O3/Add.1
Page 2
4. To promote on a reciprocal and mutually advantegous basis the
reduction of tariffs and other barriers to trade and the elimination
of discriminatory treatment in international commerce.
5. To increase freedom of trade by encouraging the development of
closer economic integration throughout areas more extensive than those
defined by political frontiers.*
6. To enable countries, by increasing the opportunities for their
trade and economic development on a mutually advantageous basis, to
abstain from measures which would disrupt world commerce, reduce
productive employment or retard economic progress.
7. To facilitate through the promotion of mutual understanding,
consultation and co-operation the solution of problems relating to
international trade in the fields of employment, economic development,
commercial policy, business practices and commodity policy
ACCORDINGLY they hereby establish the INTERNATIONAL TRADE ORGANIZATION
through which they shall co-operate as Members to achieve the purpose and
the objectives set forth in this Article.
.
* The Central Drafting Committee is asked to cosider whether the word
"integration" in the English text, which is the authentic text of Article 1, has been adequately translated by the word "unites" in the
French text.
/CHAPTER VII E/CONF.2/C.6/103/Add.1
Page 3
CHAPTER VII. THE INTERNATIONAL TRADE ORGANIZATION
Section A. Structure and FunctionS
Article 68
Membershïp
1. The original Members of the Organization shall be:
(a) those States invited to the United Nations Conference on Trade and
Employment whose Governments accept this Charter by 30 September 1949* in
accordance with paragraph 1 of Article 98, or, if the Charter shall not
have entered into force by 30 September 1949, those States whose
Governments agree to bring this Charter into force in accordance with
paragraph 2 (c) of Article 98;
(b) those separate customs territories invited to the United Nations
Conference on Trade and Employment upon acceptance by 30 September 1949
of the Charter on their behalf by the competent Member in accordance
with paragraph 2 of Article 99, or, if this Charter shall not have
entered. into force by 30 September 1949, those separate customs
territories upon acceptance of this Charter on their behalf by the
competent Member in accordance with paragraph 2 (c) of Article 98.
Should any of these customs territories have, by the time it wishes
to deposit an acceptance of the Charter, become fully responsible
for the formal conduct of its diplomatic relations, it shall proceed
under sub-paragraph 1 (a) of this Article.
2. Any other State whose membership has been approved by the Conference
shall become a Member of the Organization upon its acceptance, in
accordance with paragraph 1 of Article 98 of this Charter, as amended up to
the date of such acceptance.
3. Any separate customs territory not invited to the United Nations
Conference on Trade and Employment, proposed by the competent Member having
responsibility for the formal conduct of its diplomatic relations and which
is autonomous in the conduct of its external commercial relations and of the
other matters provided for by this Charter and whose admission is approved by
the Conference shall become a Member upon acceptance of the Charter on its
behalf by the competent Member in accordance with Article 99, or, in the case
of a territory in respect of which the Charter has been accepted under the
said Article, upon such approval by the Conference, after it has thus become
autonomous.
* The Committee has yet to approve this date.
/4. The Conference E/CONF.2/C.6/103/Add.1
Page 4
4. The Conference shall determine, by a two-thirds majority of the votes
cast, the conditions upon which, in each individual case, membership rights
and obligations shall be extended to:
(a) the Free Territory of Trieste;
(b) any Trust Territory administered by the United Nations; and
(c) any other special regime established by their United Nations.
5. The Conference, on application of the competent authorities shall
determine the condition upon which rights and obligations under the Charter
shall apply to such authorities in respect of territories under military
occupation and shall determine the extent of such rights and obligations.
Functions
1. The Organization shall perform the functions provided for elsewhere in
this Charter. In addition the Organization shall have the folliwing Functions:
(a)to collect, analyse and publish information relating to
international trade, including information relating to commercial
policy, business practices, commodity problem and industrial and
general economic development;*
.
(b)to encourage and facilitate consultation among Members on all
questions relating to the provisions of this Charter;
(c)to undertake studies on and, having due regard to the objectives
of the Charter and the constitutional and legal systems of Members,
make recommendations for, and promote international bilateral or
multilateral agreements on, measures designed
(i) to assure Just and equitable treatment for foreign
nationals and enterprises;
(ii) to expand the volume and to improve the bases of
international trade, including measures designed to
facilitate commercial arbitration and the avoidance of
double taxation;
.
(iii) to carry out, by regional or other basis, having due regard
to the activities of existing regional or other
Organizations, the functions specified in paragraph 2 of
Article 10;
.
* The proposal of the delegation of Argentina to add the word "social"
before the word "economic" has yet to be considered.
/(iv) to promote E/CONF.2/C.6/103/Add.1
Page 5
(iv) to promote and encourage establishments for the technical
training that is necessary for progressive industrial and
economic development; and
(V) generally to achieve any of the objectives set forth in
Article 1;*
(d) generally to consult with and make recommendations to the Members
and, as necessary, furnish advice and assistance to them regarding any
matter relating to the operation of this Charter, and to take any other
action necessary and appropriate to carry out the provisions of this
Charter;
(e) to co-operate with the United Nations and inter-governmental
organizations in furthering the achievement of the economic and social
objectives of the United Nations and the restoration and maintenance
of international peace and security;
(f) in such collaboration with the Economic and Social Council of the
United Nations and with other inter-governmental organizations as may
be appropriate, to undertake studies on the relationship between
world prices of primary commodities and manufactured products, to
consider and, where appropriate, to recommend international agreements
on, measures designed to reduce progressively any unwarranted
disparity in those prices,**
2. In the exercise of its functions the Organization shall have due regard
to the economic circumstances of Members, to the factors affecting these
circumstances and to the consequances of its determinations upon the interests
of the Member or Members concerned.***
* The proposal of the delegation of Czechoslovakia to amend the
introduction to sub-paragraph (c) to read "to promote international
agreement on and measures designed . . . ." has yet to be considered.
** The Central Drafting Committee is requested to take account of the
observation of the representative of China that sub-paragraph (f) should
be placed before sub-paragraph (d) and of the rearrangement of Article 69
proposed by the representative of Costa Rica.
(document E/CONF.2/C.6/12/Add.17).
*** The Central Drafting Committee is asked to consider whether
this paragraph has been properly played as a part of Article 69
or whether it should not be included in Chapter IX.
/Article 70 E/CONF.2/C.6/103/Add.1
Page 6
Article 70
Structure
The Organization shall have a Conference, an Executive Board,
Commissions as established under Article 79, and such other organs as may
be required. There shall also be a Director-General and Staff.
Section B. The Conference
Article 71
Composition
1. The Conference shall consist of all the Members of the Organization.
2. Each Member shall have one representative in the Conference and may
appoint alternates and advisers to its representative.
Article 72
Voting
1. Each Member shall have one vote in the Conference.
2. Except as otherwise provided in the Charter, decisions of the Conference
shall be taken by a majority of the Members present and voting, Provided that
the rules of procedure of the Conference may permit a Member to request a
second vote if the number of votes cast is less than one-half of the Members
of the Organization, in which case the decision reached on the second vote
would be final whether or nor the majority of votes cast comprises more than
one-half of the Members of the Organization.
Article 73
Sessions, Procedure and Officers
1. The Conference shall meet at the seat of the Organization in regular
annual session and in such special sessions as may be convoked by the
Director General at the request of the Executive Board or of one-third of
the Members. In exceptional circumstances the Executive Board may decide
that the Conference shall be held at a place other than the seat of the
Organization.
2. The Conference shall establish rules of procedure which may include
rules appropriate for the carrying out of its functions during the intervals
between its sessions. Is shaIl annually elect its President and other
officers.
Article 74
Powers and Duties
1. The powers and duties attributed to the Organization by this Charter and
the final authority to determine the policies of the Organization shall be
/vested E./CONF.2/C.6/103/Add.1
Page 7
vested in the Conference.
2. The Conference may assign to the Executive Board the exercise of any power
or the performance of any duty of the Organization, except such specific powers
and duties as are expressly conferred or imposed upon the Conference by this
Charter.
3. In exceptional circurmstances not elsewhere provided for in this Charter,
the Conference may waive an obligation imposed upon a Member by this Charter;
Provided that any such decision shall be approved by a two-thirds majority of
the votes cast and that such majority shall comprise more than half of the
Members of the Organization. The Conference may also by such a vote define
certain categories of exceptional circumstances to which other voting
requirements shall apply for the waiver of obligations.
4. The Conference may prepare or sponsor agreements with respect to any
matter within the scope of the Charter and by two-thirds majority of the votes
cast, recommend. such agreements for acceptance. Each Member shall, within a
period specified by the Conference, notify the Director-General of its
acceptance or non-acceptance. In the case of non-acceptance, a statement of the
reasons therefor shall be forwarded with the notification.
5. The Conference may make recommendations to the various inter-governmental
Organizations regarding any matter pertaining to the purpose and objectives set
forth in Article 1.
6. The Conference shall approve the budget of the Organization and shall
apportion the expenditures of the Organization among the Members in accordance
with a scale of contributions to be fixed time to time by the Conference
following such principles as may be applied by the United Nations. If a maximum
limit is established on the contribution of a single Member with respect to the
budget of the United Nations, such limit shall also be applied with respect to
contributions to the Organization.
7. The Conference shall determine the seat of the Organization and shall
establish such branch offices as it may consider desirable.
Section C. The Executive Board
Article 75
Composition of the Executive Board
1. The Executive Board shall consist of the representatives of eighteen
Members of the Organization selected by the Conference; Provided that a customs
union, as defined in paragraph 4 of Article 42, may be so elected if all of
its members are Members of the Organization and it its member desire to be
represented as a unit.
2. The Executive Board shall be representative of broad geographical areas
included within the membership of the Organization. In selecting the members
/of the Executive E/CONF.2/C.6/103/Add.1 Page 8
of the Executive Board, the Conference shall have regard to the objective of
ensuring that the Board includes Members or customs unions of chief economic
importance having particular regard to international trade, and is
representative of the diverse types of economies or different degrees of
economic development existing within the membership of the Organization.
3. (a) At intervals of three years the Conference shall determine, by a
two-thirds majority of the Members present and voting, the eight Members
or oustoms unions of chief economic importance having particular regard
to international trade Such Members or customs unions shall be declared
members of the Executive Board.
(b) The other members of the Executive Board shall be elected by the
Conference by a two-thirds majority of the Members present and voting.
(c)If on two consecutive ballots no member elected, the remainder
of the election shall be by a majority of the Members present and voting.
4. The term of a member of the Executive Board shall be three years, except
that, at the first election, the provisions of Annex X apply. Any
vacancy in the Board shall be filled by the Conference for the unexpired term
of the vacancy.
.
5. The Conference shall establish rules for giving effect to the provisions
of this Article.
to Article 75
To facilitate the work of the first Conference, the following rules for
the implementation of Article 75 shall apply at the first eleciton:
1. Six seats shall be filled, under Article 75, sub-paragraph 3 (a) and
3 (b), by representatives of Member countries in the Western Hemisphere.*
If five or more of those countries eligible under sub-paragraph 3 (b),
have not become Members of the Organization at the time of the election,
only three of these seats shall be filled by application of the said
sub-paragraph. If ten or more of the countries in the Western Hemisphere,
eligible under sub-paragraph 3 (b), have not become Members of the
Organization at the time of the election, only two seats shall be filled
under the same sub-paragraph. The seat or seats thus unoccupied shall
not be filled unless the Conference otherwise decides by a two-third
majority vote.
2. In order to insure the election of countries under the criterion of
sub-paragraph 3 (a) of Article 75, the following countries shall be
deemed to fulfill the conditions set out in said sub-paragraph 3 (a),
namely:
(1) The two countries in the Western Hemisphere* and the three
.
* That is, North, Central and South America.
/countries or E/CONF.2/C.6/103/Add.1
countries or customs unions in Europe participating in the
Havana Conference with the largest external trade; and.
(ii) The three counntries with the largest population in the world.,
having in view their potential importance in international
trade.
Should any of these countries not be a Member of the Organization
at the time of the election, the Conference will review the situation;
but the seat or seats thus unoccupied shall not be filled unless the
Conference otherwise decides by two-thirds majority vote.
3. The election of Members of the Executive Board under the criterion
of Article 75, sub-paragraph 3 (b), shall be conducted so as to insure
the adequate implementation of the requirements of Article 75, having
regard , among other considerations, to the fact that geographical groups
may be representative of affinities between a number of countries,
giving their group a character of distinctiveness and unity.
4. The eight Members elected. under.sub-paragraph 3 (a) of Article 75
shall serve for a term of three years, Of the ten Members elected under
sub-paragraph 3 (b), five Members, as determined by lot, shah serve for
a term of two years, and the remaining five Members for a term of four
years.
Article 76
Voting
1. Each member of the Executive Board. shall have one vote.
2. Decisions of the Executive Board shall be made by a majority of the.
votes cast.
Article 77
Sessions, Procedure and Officer
1. The Executive-Board shall adopt its own rules of procedure, including
rules concerning the convening of its sessions. The rules of procedure shall
be subject to confirmation by the Conference.
2. The Executive Board shall annually elect its Chairman and other officers,
who shall be eligible for re-election.
3. The Chairman of the Executive Board shall be entitled ex officio to
participate, without the right to vote, in the deliberation of the Conference
4. Any Member of the Organization which is not on the Executive Board shall
be invited to participate in the discussion by the Board of any matter of
particular and substantial concern to that Member and shall, for the purpose
of such discussion, have all the rights of Members on the Board, except the
right'-to vote.
/Article 78 Page 10
Artcile 78
Powers and Duties
1. The Executive Board shall be responsible for the execution or the
policies of the Organization and shall exercise the powers and perform the
duties assigned to it by the Conference. It shall supervise the activities
of the Commissions and shall take such action upon their recommendations as
it may deem appropriate.
2. The Executive Board may make recommendations to the Conference, or to
inter-governmental organizations, on any subject within the scope of this
Charter.
Section D. The Commissions
Article 79
Establishment and Functions
The Conference shall establish such Commissions as may be required for
the performance of the functions of the Organization in accordance with the
provisions of this Charter, The.Commissions shall have such unction as
the Conference May decide. Commissions shall report to the Executive Board.
and shall reform such task as the Board may assign to them. The
Commissions shall consult each other as necessary for the exercise of their
functions.
Article 80
1. Except as otherwise decided by the Conference, Commisson shall be
composed of persona chosen by the Executive Board. The persons so chosen
shall be qualified by training or experience to carry out the functions
Of the Commissions.*
2. The number of members, which normallyshall not exceed seven, if each
Commission and the conditions of their service shall be determined in
accordance with regulations prescribed by the conference.
3. Each Commission shall elect its Chairman, and shall adot rules of
procedure which shall be subject to approval by the Executive Board.
* It was agreed that the Central Drafting Committee should be asked to
consider and decide whether or not the language used in this paragraph made
it absolutely clear that the Conference could not: decide to-elect members
of commissions on grounds other than personal capacity. If the Central
Drafting comittee considers that the language uned does not make this
intention absolutely clear, it is requestesd to recommand an appropriate
redraft. . *
he aules E/CONF/2/C/6/103/Add.1Page 11.
4. The rules of procedure of the Conference and of the Executive Board
shall Provide as appropriate for the participation in their deliberations,
without the right to vote, of the chirman of Commissions.
5. The Organization shall arrange for representatives of inter-govenmental
organizations considered, by the Organization to have a special competence in
the field of activity of any of the Commissions, to participate in the work
of such Commissions.
Section E. The Tariff Committee
Article 81
The Tariff Committee
(This Article has been deleted )
Section F. The Director-General and Staff
Article 82
The Director-General
1. The chief administrative officer of the Organization shall be the
Director-General. He shall be appointed by the Conference upon the
recommendation of the Executive Board. The powers, duties, conditions and
term of office of the Director-General shall conform to regulations approved
by the Conference He shall be subject to the general supervision of the
Executive Board.
2. The Director-Genaral or his representative shall be entitled to
participate, without the right to vote, in all meetings of the various organs
of the Organization.
3. The Director-General shall present to the Conference an annual report
on the work of the Organization and the annual budget estimates and the
financial statements of the Organization.
Article 83
The Staff
1. The Director-General having first consulted with, and having obtained.
the agreement of the Executive Board, shall have authority to appoint
Deputy Directors-General in accordance with regulations approved by the
Conference,
2. The selection of the Staff, including the appointment of the Deputy
Directors-General, shall as far as possible be made with due regard to the
various types of economy and on a wide geographical basis. The praramount
consideration in the selection of candidates and in determining the
conditions of service of the Staff shall be the necessity of securing the
highest standards of efficiency, competence, impartiality and integrity.
/3 The conditions 3. The conditions as the provisions governing
qualifications salary, tenure and retirement of members of the Staff shall be
fixed, so far as practicable, in conformity with those for members of the
Secretariat of the United Nations and of other specialized agencies.
Section G. Other Organizational Proisionsions
Article 83A.
Relations with the United Nations
(Text to be adopted to be inserted )
Article 84
Relations with Other Organizations.
1. The Organization shall be brought into relationship with the
United Nations as soon as practicable as one of the specialized agecies
referred to in Article 57 of the Charter of the United Nations. This
relationship shall be effected by agreement to be approved by the Conference.
Any such agreement shall provide for effective co-operation and the avoidance
0f unnecessary duplication in the activities of the respective organizations.
2. The organization shall make arrangements with other inter-governental
organizations which have related. responisibilites, to provIde for affective-
co-operation and the avoidance of unnecessary duplication.in the activities
of the organizations. The Organization may may for this purpose arrange for joint
committees, reciprocal representation at meetings and establish such other
working relationsships as may be necessary.
The Organization may make suitable arrangemants for consultation and
co-operatlon with non-governmental organizations çorcerned with matters within
the scope of this Charter.
4. Whenever the Conference and the competent authorities of any other
inter-governmental organization whose purposes and functions lie within the
Bcope of this Charter, deem it desirable
(a) to incorporate such other inter-govermental organizations into
the Organization, or
(b) to effect transfer of all or a part only of its function and
resources to the Organization, or
(c) to bring it under the supervision or authority of the organization,
the Director-General subject to the approval, of the Conference, may enter
into a appropriate agreement. Members shall in confermity with their
international obligations, take the action necessary to give effect to any.
such.agreement. .. :/Aicl8' 4,
. ,.. * ..i ., i .-. E/CONF.2/C.6/103/Add. 1
Page 13
Article 85
Intenational Responsibilities of the Director-General
Staff and-Members-of Commissons
1. The responsibilities of the Director-General and of the Staff shall be
exclusively international in character. In the discharge of their dutise
they shall not seek or receive instructions from any government, or romf
any authority external to the Organization. They shall refrain from any.
action which might prejudice their position as international officials.
2. The provisions of paragraph 1 of this Article shall also apply to
members of the Commissions provided for in Section D of this Chapter,
3. The Members shall respect the international character of the
responsibilites of these persons and shall not ssak to influence them in
the discharge of their dutiesd.
Article 86
International Legal Status of the Organization.
The Organization shall have legal personality and shall enjoy such legal
capacity as may be necessary for the exercise of its functions.
Article 87
Statue Of the Organization in the Territory of Members
1. The Organization shal enjoy in the territoryof each of its Members such
legal capacity, privileges and immunities as may be necessary for the exercise
of its functions,
2. Representatives of the Members of the Organization and its officials shall
Similarly enjoy such privileges an. immunities as may be necessary for the
,independent exercise of their functions in connection with the Oraganization.
3. When the Organization has been brought into relationship with the
United. Nations as provided. for in Article 84, -paragraph 1, of. the present
section, the legal capacity of the Organization and the privileges and
immunities provided for in the preceding paragraphs will be define by the
General Convention on Privileges and Immunities of the Specialized Agencies
adopted by the General Assemble of the United Nations on 21 NOvember 1947,
as completed by an annex relating ot hte InternationalTradeto the International Trade Organization.
Article 88
Contributions
Each Member shall contribute promptly to the Organization its share of
the expenditures of the Organization as apportioned by the Conference. A
Member which is in arrears in the payment of itsfinancial contribgutions
/to the Organization E/CONF.2/C.6/103/Add.1
Page 14
to the Oganizatian shall have no vote in the organs of tho Organization if
the amount of its arrears equals or exceeds the amount of the contributions
due from it for the preceding two full years. The Conference may,
nevertheless, permit such a Member to vote, if it is satisfied that the
failure to pay is due to conditions beyond the control of the Member.
/CHAPTER VIII. Page 15
CAPTER VIII. SETTLEMENT OF DIFFERENCES
Article 88A
Reliance on the Proceduree of the Charter
1. The Members undertake, in relation to other Members of the organization,
that they will not have recourse to any procedure other than the procedure
evisaged in this Charter for complaints and the settlement of difference
arising out of its operation.
2. The members also undertake, without prejudice to any other international
agreement, that they will not have recourse to unilateral economic measures
of any kind contrary to the provisions of the Charter.
Article 89
Consultation and Arbitration
1. If any Member considered that any benefit accruing to it directly or
indirectly, implicitly or explicitly, under any of the provision of this
Charter other than Article 1, is being nullified or impaired as a result of
(a) a breach by a Member of an obligation under this Charter by action
or failure to abt; or
(b) the application by a Member of a measure not conflicting with the
provisions of this Charter; or
(c) the existence of any other situation;
the Member may, with a view to the satisfactory adjustment of the matter,
make wrritten representations or proposal to such father Member or Members.
as it considers to be concerned, and the Members receiving them shall give
sympathetic consideration thereto,
2. The Members concerned May submit the matter arising under paragraph 1
to arbitration upon terms agreed between them; Provided that the decision of
the arbitrator shall not be binding for any purpose upon the Organization or
upon any Members other than those participating in the arbitration.
3. The Members concerned. shall inform the Organization generally of the
progress and outcome of any discussion, consultation or arbitration
undertaken under this Charter.
Article 90
Reference to the Executive Board
1. Any matter arising under Article 89 (1) (a) or (b) which is not
satisfactorily settled and any matter which arises under Article 89 (1)(c)
may be referred by any Member concerned to the Executive Board.
/2. The Executive E/CONF.2.C.6/103/Add.1 Page 16
2. The Executive Board shall promptly investigate their matter and shall decide
whether any nullification or impairment in fact existed within the term of
Article 89 (1). It shall then take such of the following step as may be
appropriate:
(i) decide that the matter does not call for any action
(ii) rocommend further consultation to the Members concerned;
(iii) refer the matter to arbitration upon such term as may be
agreed between the Executive Board and the Members concerned;
(iv) in matter arising under Article 89 (1) (Q) request the
Member concerned to take or discontinue such action as may be
necessary for the Member to conform to the provisions of the
Charter;
(v) in any matter arising under Article 89 (1) (b) or (c), make such
recommendations to Members as will best assist the Members
concerned. and contribute to a satisfactory adjustment.
3. If the Executive Board considers that action under Article 90 (2) (iv)
and (v) is not likely to be effective in time to prevent serious injury, and
that ay nullification or impairment found to exist under Article 89 (1) is
sufficiently serious to Justify such action, it may, subject to the provisions
of paragraph 1 of Article 90A, release the Member or Members affected from
obligations or the grant of concessions to any other Member or Members under or
pursuant to the Charter, to the extent. and upon such conditions as it considers
appropriate and compensatory, having regard to the benefit which has been
nullified or impaired.
4.The Executive Board may, in the course of its investigation, consult
with such Members or inter-governemental organization and upon such matters
within the scope of the Charter as it deems appropriate. It may also
consult any appropriate commission of the Organization on any matter arising
under this Chapter.
5. The Executive Board may arising any matter, referred to it under this
Article, before the Conference at any time during its consideration of the
matter
Reference to the Conference
1. The Executive Board shall if requested to do so within thirty days by a
Member concerned, refer to the Conference for review any action, decision or
recommendation by the Executive Board under paragraph 2 or 3 of Article 90.
Unless such review has been asked for by a Member concerned, Member shall be
entitled to act in accordance with any action, decision or recommendation of
/the Executive Page 17 E/CONF.2/C.6/103/Add.1
the Executive Board under paragraph 2 or 3 of Article 90. The Conference
shall by resolution confirm, modify or reverse such action, decision or
recomendation.
2 Where a matter arising under this Chapter has been brouht before the
Conference by the Executive Board the Conference shall follow the same
procedure as that set out in Article 90 (2) for the Executive Board.
3. If the Conference considers that any nullificaition or impairment found.
to exist under Article 89 (1) (a) is sufficiently serious to justify such
action, it may authorize the release or the Member or Members affected from
obligations or the grant of concession to any other Member or Members under
or pursuant to the Charter, to the extent and upon such conditions as it
considers appropriate and compensatory, having regard to the benefit which has
been nullified or impaired. If the Conference considers that any
nullification or impairment found to exist under Article 89 (1) (b) or (c)
is sufficiently serious to Justify such action, it may similarly authorize
a release of a Member or Members to the extent and upon such conditions .as
will achieve the objects set out in Article 90 (2) (v).
4. When any Member or Members suspend the performance of any obligation or
grant of any concession to another Member in accordance with paragraph 3, the
latter Member shall, then be free not later than sixty days after such action
is taken, or after the opinion of the International Court of Justice is given,
to give notice of its withdrawal from the Organization. Such withdrawal shall
become effective upon the expiration of sixty days from the day on which such
notice is received by the Director-General.
Article 91
Reference to the International Court of Justice
1. The Organization may, in accordance with arrangements made pursuant to
paragraphs 2 of Article 96 of the Charter of the United Nations, request from
the International Court of Justice advisory opinions on legal questions arising
within the scope of the activities of the Organization.
2. Any resolution or decision of the Conference under this Charter shall,
upon the instance of any Member whose interested are thereby prejudiced, be
subject to review by the International Court of Justice through the means of
a request in appropriate form, for an advisory opinion pursuant to the
Statute of the Court.
3. The request for an advisory opinion shall be accompained by a statement
to be furnished by the Organization in consultation with the Members
substantially interested, in accordance with the Statute of the International
Court of Justice, of the question upon which an opinion is required and
accompanied by all, documents likely to throw light upon the question.
/4. Pending the E/CONF.2/C.6/103/Add.1 Page 18
4. Pending the of the delivery of the opinion of the International Court of Justice,
the resolution or decision of the Conference shall have full force and effect;
Provided that the Conference shall suspend the operation of any such
resolution or decison pending the deliver of the opinion where in the view
of the Conference damage difficult to repair would otherwise be caused to a
Member concerned.
5. The Organization shall consider itself as bound by the opinion of the
lnternational Court of Justice on any questions referred by it to the Court.
The resolution or decision in question shall be modified insofar as it dose
not accord with the opinion of the International Court of Justice.
Article 92
Miscellaneous Provisions
1. Nothing in this Charter shall be construed to exclude other procedures
provided for in this Charter for consultation and settlement of differences
arising out of its operation. The Organization may regard discussion,
consultation or investigfation undertaken under any otherprovisions of the
Charter as fulfilling, either in whole or in part, any similar procedural
requirement in this chapter.
2. The Conference and the Executive Board shall establish such rules of
procedure as mawy be necessary to carry out the provisions of this Chapter.
~ ~ '. .*1^ t : .'t-**.:>b i
½" ?d?*' ?1L.
*g?.
? ?
'
/CHAP?IX E/CONF .2/c . 6/103/Add .1
Page 19
CHAPTER IX. GENERAL PROVISIONS
Article 93
Relations with Non-Members
1. Nothing in this Charter shall preclude any member from maintaining economic
relations with non-Members.
2. Members recognize that it would be inconsistent with the purpose of this
Charter to seek, except as provided in Article 15, any arrangements with non-
Members for the purpose of obtaining for the trade of such Members preferential
treatment as compared with the trade of other Members, or so to conduct their
trade with non-Members as to result in injury to other Members.* Accordsingly
(a) no Member shall enter into any new arrangement with a non-Member
which precludes the non-Member from extending to other Members any
benefit provided for by such arrangement.
(b) Subject to the provisions of Chapter IV, no Member shall extend
to the trade of any non-Member treatment which, being more favourable.
than that which it extends to any Member, injures the economic interested
of another Member.
3. Nothing in this Charter shall be interpreted to require a Member to extend
to non-Members treatkent as favourable as that which it extend to Members
under the provisions of the Charter. Failure to extend. such treatment shall
not be regarded as inconsistent with -the terms or the spirit of the Charte.
4. The Executive Board shall make periodic studies of general problems
arising out of commercial relations between Members and non-Members and, with
a view to promoting the purpose of the Charter, may make recommendations to
the Conference with respect to such relations. Any recommendation Involving
alterations in provisions of this Article shall be dealt with in accordance
with Article 95.
Interpretative Note to Article 93
Nothing in Article 93 shall be construed to prejudice or prevent the
operation of the- provisions of Article 57 (1) regarding the treatment to be
accored to non-participating countries under the terms of a commodity control
agreement which conforms to the requirements of Chapter VI.
The insertion of the phrase "except as provided in Article 15" has
yet to be approved.
Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI CONFERENCE NO TRADE AND EMPLOYMENT
/Article 94
ahN N
SUORD N 9UOqD N P 9IUf E/CONF.2/C.6/103/Add.1
Page 20
Article 94
General Exceptions
(Text yet to be adopted to be inserted)
Article 95
1. Any amendment to this Charter which does not alter the obligations of
Member shall become effective upon approval by the Conference by the affirmative
vote of two-thirs of the Members. or a
mendment to this Charter which does not alter the obligations of alter
ing the aspproval of the Conference bty theaffirmative bvotesof two-thirdsirds-
e Members present and voting, become effective for each Member acceptingeptin
mendment upon the ninetieth ddh cfay alwo-thirds of the Members haves qa#
ied the Director-General of their acceptance, ,and thereafter for each.,h
aining Member, on acceptance by it., The Co,nference may, in its resolutionon
appring an amendment under this paragraph, determine, by the same two-thirdshi
jority,, that the amendment is of such a nature that all Members, which haveve
not-accept it within a specifified peri d. after thamendment hasha become
effective, sll be suspended from membership in the Organization; Provided thatt'
any time, the Conference may, be the affirmative votes of two-thirds of thef,
mbers present and voting, determine the conditions under which this suspensionon
all be waived with respect to any such Member..
3. Member not accepting an amendment under paragraph 2 of this Article sha
bebe free to withdraw from the Organization at any time after the amendment
beqbecome effective; upon tyhe expiration of sixty days from the day on wh
written notice of macsuch withdrawal, ,which may be give,n at any time is preceid
by thethe Director-neral; Provided that tethe withdrawal of any mber E suspend
under paragaph ? 2 of this Article shall b,,effective upon receipt of wri
notice of. of withdrawal by te DSirecto-Gebneral.
4. be Thnf oreerence shall, by the affirmative votes of two-thirds of e ,
Member present and voting establish rules with respect to the ,reinstatement
of Members suspended under the provisions of paragraph 2 of this Article and d,
ysn other rusle required for carrying out the provisions of ishs Article,
including thdetermination,w whether paragraph 1 or paragraph wouldu1 app.y
Anne -t 'Article 95
nyW amendment ouChaptter VIII of this Charter whic muay be recommended by
the InterimCommission after consultationwithi the International Court 'of
Justice adl whcoh relates to review by the International Court of matters
risingd out ftthe Chahrter but not already covere in Chapter VIIIshalll become
effective upon receiving approvalof a the Conferente at itsfirstt regular session
/by affirmailve E./CONF.2 /c . 6 /103 /Add.1
Page 21
by affirmative vote of a simple majority of the Members;
Provided; that such amendment shall not provide for review by the
International Court of any economic or financial fact as established by or
through the Organization; and provided further that such amendment shall not
affect the obligation of Members to accept the advisory opinion of the
Internatinal Court as binding on the Organization upon the points covered by
such opinion; and provided further that, if such amendment involves an
alteration in the obligations of Members, any Member which does not wish to
accept it may withdraw from the Organization upon the expiry of sixty days from
the day on which written notice of such withdrawal is received by the
Diretor-General.
Article 96
Review of the Charter
1. The Conference shall carry out a general review of the provisions of
this Charter at a special session to be convene in conjunctioal with the
regular annual session nearest the end of the fifth year after its entry
into force.
2. The Director-General shall invite each Member, at least one year in
advance, to submit any amendment or observations which they my wish to
propose and shall circulate them for consideration by the other Members.
3. Amendments resulting from such review shall become effective according
to the procedure established in Article 95.
Article 97
Withdrawal and Termination
1. Without prejudice to the provisions of paragraph 2 of Article 17,
paragraph 4 of Article 90, or paragraph 2 of Article 95, any Member may
withdrawal from the Organization either on its own behalf or on behalf of
a separate customs territory on behalf of which it, his accepted, this
Charter in accordance with the provisions of Article 99 at any time after
the expiration of three years from the day of the entry into force of this
Charter, by written notice addressed to the Director-General The
Director-General shall immediately notify all other Members.
2. A withdrawal under paragraph 1 of this Article shall take effect
upon the expiration of six months from the day on which written notice of
such withdrawal is received. by the Director-General.
3.This Charter may be terminated at any time by agreement of three-fourths
of the Members.
/Article 98 E/CONF2/c.6/103/ADD.1
Page 22
Article 98
Entry into Force and Registration
1. The Government of each State accepting this Charter shall deposit an
instrument to acceptance with the Secretary-General of the United Nations,
who will inform all government represented at the United. Nations Conference
on Trade and Employment and all Members of the United. Nations not so
represented, of the date of deposit of each instrument of acceptance and of
the day on which this Charter enters into force. After the entry into force
of this Charter pursuant to the terms of paragraph 2 of this Article, each
instrument of acceptance so deposited shall take effect on the sixtieth-day
following the day on which it is deposited: Provided that for the purpose
of the first regular session of the Conference any Government which has
deposited an instrument of acceptance pursuant to this paragraph prior to
the first day of the session, shall have the right to participate in the
Conference as a full Member.
2. This Charter shall enter into force:
(a) on the sixtieth day following the day on which a majority of the
Governments signing the Final Act of the United Nations Conference on
Trade and Employment have deposited instruments of acceptance pursuant
to paragraph 1 of this Article:
(b) if, during the period of one year from the date of signature of
the said Final Act, the Charter has not entered into force pursuant
to sub-paragraph (a) of this Article, then on the sixtieth day following
the day on which the number of Governments represented at the
United. Nations Conference on Trade and. Employment which have deposited
instruments of acceptance pursant to parapaph 1 of this Article shall
reach twenty:*
* The Central Drafting Committee is requested to consider the following
drafting amendment to the paragraph suggested by the representative
of Ireland:
"(b) if, during the period of one year from the date of
signature of the said Final Act, the Charter has not entered-
into force pursuant to sub-paragraph (a) of the Article, then
on the expiration of such period or on they sixtienth day following
the day on which of government represented at the
United. Nations Conference on Trade and Employment which have
deposited, instruments of acceptance pursuant to paragraph 1 of
this Article shalll reach twenty, whichever is the later:"
/(c) if this Charter E/CONF.2/C.6/1O3/Add.1
Page 23
(c) if this Charter shall not have entered into force by
30 September 1949, then the Secretary-General of the United Nations
shall institute consultation among those Governments which have
deposited acceptance to determine whether and on what conditions
they desire to bring the Charter into force.
3. Until 30 September 1949 no state or separate customer territory whose
government has signed the said Final Act shall be deemed to be a non-Member
under the terms of Article 93.
4. The United Nations is authorized to effect registration of this Charter
as soon as it comes into force.
Article 99
Territorial Application
1. Each Government accepting this Charter does so in respect of its
metropolitan territory and of the other territories for which it has
international responsibility except such soparate customs territories as
it shall notify to the Organization at the time of its own acceptance.
2. Each Member may at any time accept this Charter in accordance with
Paragraph 1 of Article 98 on behalf of any separate customer territory
excepted. under paragraph 1 of this Article.
3. Each Member shall take such reasonable measures as may be available to
it to assure observance of the provisions of this Charter by the regional
and local governments and authorities within its territory.
Interpretative Note to Article 99
In the case of a condominium, where the co-domini are Members of the
Organization, they may, if they so desire and agree, Jointly accept this
Charter in respect of the condominium.
Article 99 A
The Annexes to this Charter are an integral part of the Charter.
Article 100
Title and. Dato of the Charter and. Deposit and. Authenticity of Texts
1. This document shall be known officially as the Havana Charter. The
original texts of the Charter ln the official languages of the United Nations
shall. be deposited. with the Secretary-General of the United. Nations, who will
furnish certified copies of the texts to all Interested, Governments. Subject
to the provisions of the Statuts of the International Court of Justice, such
texts shall be equally authoritative for the purposes of the interpretation
/of this Charter Page 24
of this Charter and any discrepancy arising from a difference between texts*
shall be settled by the conference.
2. The date of this Charter shall, be the day upon which the Final Act of
the United Nations Conference on Trade and Employment is signed.
DRAFT RESOLUTION
THE UNITED NATIONS CONFERENCE on TRADE AND EMPLOYMENT
HAVING considered. the relation of the International Trade Organization
and the International Court; and
HAVING provided in Chapter VIII of the Charter, procedures for review
by the International Court of legal questions arising out of decisions and
recommendations of the Organization,,
RESOLVES that the Interim Comission of the International Trade
Organization, through such means as may be appropriate, shall consult with
appropriate officials of the International Court or with the Court itself,
and after such consultation reporttto the first regular session of the
Conference of the International Trade Organization upon the questions of:
(a) whether such procedures need to be changed. to ensure that,
decisions of the Court on matters referred. to it by. the Organization
should, with respect to the Organization, have the nature of a
judgment; and
(b) whether an anmendment should be presented to the Conference
pursuant to and in accordance with provisions of the annex to
Article 95 of the Charter.
*The-Central drafting committee is asked to consider whether the phrase
"discrepacy arising from a difference between texts" is entirely clear. |
|
GATT Library | pj150gv5334 | Sixth Committee: Organization : Draft report | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/C.6/103 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pj150gv5334 | pj150gv5334_90050037.xml | GATT_147 | 2,485 | 16,560 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE LEMPLOI'
UNRESTRICTED
E/CON'F.2/0.6/103
5 March 1948
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
DRAFT REPORT
PART I
1. The Sixth Committee was charged with the consideration of Chapters I
(Purpose and Objectives), VII (The International Trade Organization), VIII
(Settlement of Differences - Interpretation) and IX (General Provisions) of
the Draft Charter preparad by the Preparatory Committee. The Committes, under
the chairmanship of Mr. Erik Colban (Norvay) hold. meetings.
2, The Committee established sixteen Sub-Committees, the principal ones
being those set up to discuss the proposal of the delegation of Moxico to
establish an Economic Development Committee and related.matters (this Sùb-
Comittes worked joint1y with a Sub-Ccmmlttoe of the.Second Committee),
75 (Composition of the Executive Board), Article 81.(The Tariff
Committee), Chapter VIII (Settlement of Differences - Interpretation),
Article 93 (Relations with Non-Members), Article 94 (General Exceptions) and;
Articles 95, 96, 98, 99 and 100 (Amendments, Review of the Charter, Entry
into Force and Registration, Territorial Application and Deposit of Texts
respectively). These Sub-committees, with the exception of the- Sub-Comittee
on Article 81, are the only ones whose reported, apart from the texts
recommended, contain any matters of substance.. These reports which were
approved subject only .to drafting amendmants are to be found in-the
following documents:
Sub-Committee Document
Joint Sub-Committee of Second
and. Sixth Committees E/CONF.2/C.6/72
Article 75 E/CONF.2/C.6/53 and Corr.1
Chapter VIII E/CONF.2/C.6/83 and Corr.1
Article 93 E/CONF. 2/C.6/96
Article 94 E/CONF.2/C.6/93
Articles 95, 96, 98, 99 and-100 E/CONF.2/C.6/48/Rev1.
E/CONF. 2/C. 6/80
E/CONF. 2/C.6/82
3. In addition to the Sub-Committees already mentioned, the Sixth Committee
/established
.
. E/VPMG.2/C/6/103 Page 2
established a number of working parties, the principal one being that set up
to consider the question of the establishment of an Interim Commission for the
Organization. This Working Party has not yet bean able to conclude its work
but will report to the Sixth Committee at an early date.
4. The Committee, subject to the reservations hereinafter recorded,
recommended to the Conference for adoption the attached texts of Chapters I,
VII, VIII and Il together with the interpretative notes which appear
immediately after the Articles to which they refer.
5. The Sixth Committee wishes to place on record the following comments,
declarations and reservations upon the text which it presents to the
Conference:
CHAPTER I (PURPOSE AND OBJECTIVES)
Article 1.
(To be inserted in the light of discussion)
CHAPTER VII. THE INTERNATIONAL TRADE ORGANIZATION
Article 68 (Membership)
The Committee did not discuss the question of which were the "competent
authorities" for the purpose of paragraph 5 of Article 68 with respect to any
particular territory and no decision was taken on such a question. However,
the delegation of China stated that it considered the competent authority in
respect to Japan to be the Far Eastern Commission in Washington.* The
delegation of Czechoslovakia declared that in its viewpoint the competent
authority in respect of Germany is the Inter-allied Control Commission in
Berlin. The delegation of Poland stated that in its opinion the competent
authorities in respect of Germany and Japan are the Inter-allied Control
Commission in Berlin and the Fax Eastern Commission in Washington respectively.
The delegations of China, Czechoslovakia and Poland reserved their positions
upon paragraph 5 of Article 68 pending the receipt of instructions from-their
governments.
Article 69 (Functions)**
Regarding sub-paragraph (d) the Committee agreed that, although general
recommendations are to be made to "the Members", meaning the Members as a
whole, nevertheless there are, through the Charter, provisions which envisage
The delegation of China may submit a text to replace the text of
** Two amendments to this Article have yet to be considered. Further
comments may, therefore, be necessary.
/recommendations Page 3
recommendations to one or more Members specially, for example as in
Chapter VIII. The Committee did not intend to change the effect of such
specific provisions.
Article 74 (Powers and Duties)
With regard to paragraph 6, the Committee agreed that if a maximum limit
upon contributions were established and if the efficiency of the Organization
would otherwise be seriously impaired for lack of funds, a Member agree,
as a purely temporary measure, to pay more than the maximum limit in any
given year.
Article 75 (Composition of the Executive Board)
(a) The Committee agreed that paragraph 3 of the Annex to Article 75
is intended to cover also the case of certain geographical groups, such
as the Arab states, other Middle andNear Eastern States and states in
the north of Europe. It is anticipated that any one of such groups may
deem it convenient to present a common candidate to represent the
particular interests of all the countries of the group.
(b) The Committee agreed that the text of Article 75 implies that each
Member of the Executive Board should act for the Organization as a whole
and should bear in mind the interests of all the Members.
Article 80 (Composition and Procedure)
The delegation of Costa Rica proposed to add the following words at the
end of paragraph 1 of Article 80:
"Not more than one person of the same nationality shall form part of any
commission."
The Committee agreed that normally not more than one person drawn from
any one Member should form part of any commission. It considered that it
was not necessary to state this in the text.
Article 83 A (Relations with the United Nations).
(To be inserted in the light of discussion)
CHAPTER VIII. SETTLEMENT OF DIFFERENCES - INTERPRETATION
Article 88A (Reliance on the Procedures of the Charter)
(a) The Committee examined the question of the relation between
paragraph 1 of Article 88 A and paragraph 2 of Article 89 in connection.
with procedures for arbitration as agreed between Members under existing
or future bilateral or multilateral treaties. It decided that no
clarification is necessary as to whether the procedure established in
the Charter or in other treaties should have priority since procedures
for arbitration under other treaties would not be inconsistent with the
/(b) The delegation E/CONF .2/C.6/103
Page 4
(b) The delegation of the United Kingdom reserved its right to raise again
a proposal to insert the' word "appropriate" before the word "procedure".
upon the occasion of the second use of 'that word in paragraph 1 of
Article 88 A.
(c) Pending the result of the consultations which, by resolution of the
United Nations Conference on Trade and Employment, the Interim Commission
of the International Trade Organization is instructed to carry out with
appropriate officials of the International Court of Justice or with the
Court itself, regarding possible amendments to Chapter VIII designed to
ensure recourse to the International Court of Justice by Members of the
Organization which are parties to the Statute of the Court in respect of
questions arising from the Charter but not covered by Chapter VIII, the
delegation of Mexico maintained the view that paragraph 1 of Article 88 A
does not impair the rights of Members under the Statute of the
International Court of Justice as regards questions arising from the
Charter but which are not covered by Chapter VIII of the Charter.
Article 89 (Consultation Between Members)
(a) - The Committee was of the opinion that a Member might properly have
recourse to Article 89 if the measures adopted by another Member under
the provisions of Article 3 did not produce the effects which they - were
designed to achieve and thus did not result in such benefits as might
reasonably'be anticipated.
(b) The Committee agreed that the word "matter" as used in Article 89
and in the rest of Chapter VIII refers to nullification or impairment of
a benefit and not to the failure, inaction, measure or situation referred
to in sub-paragraphs 1(a), (b) or (c) of Article 89,'
(c) The delegation of Belgium reserved its positions upon paragraph 1 of
Article 89 pending the receipt of instructions from its government.
Article 90 (Reference to the Organization)
(a) The Committee draws attention to the fact that in both Article 90 and
Article 91 the text provides that the nature of the relief to be granted
is compensatory and not punitive. The word "appropriate" in the texts
should not be read to provide for relief beyond compensation.
(b) It was agreed that sub paragraph 2 (v) of Article 90 does not empower
the Executive Board or the Conference to requir a Member to suspend or
withdraw a measure not in conflict with the Charter.
Articles 91 and 92 (Reference to the International Court of Justice and
Miscellaneous Provisions, respectively), Annex to Article 95 and Draft
Resolution
(a) The Committee agreed to use the phrase "whose interests are thereby
prejudiced" in paragraph 2 of Article 91 in order to make it clear that a
/real interest E/CONF .2/C 6/103
Page 5
real intarest of a Member must be adversely affected before that Member
can compel recourse of the Organization to the International Court of
Justice, A remote, theoretical or unsubstantial interest of a Member in
the decision in question would not be sufficient to give a Member rights
under Article 91.
(b) The view of certain delegations was expressed that the provisions of
Chapter VIII did not provide for recourse to the International Court of
Justice on all questions arising dut of the Charter. Those delegations
urged that the text be in particular amended so as to provide that Members
might refer such questions as could not be decided by the Organization to
the International Court. It was made clear, however, that these
delegations did not urge that a Member should be allowed to attack the
validity of an advisory opinion of the Court obtained through the
procedures of Chapter VIII on the points covered by such opinions. The
views..of other delegations were expressed that the procedures of
Chapter VIII were plenary-and adequate.
In view of the limited time available for further discussion, the
Committee agreed that the Interim Commission should examine the question,
and the Committee proposes resolution providing for such examination
(see page), The Committee also agreed that amendment to the provisions
of the Charter in this respect should be relatively easy in the light of
the report to be presented by the Interim Commission, and, therefore,
suggests an annex to Article 95 providing for amendments in this respect
by a simple majority vote of the Conference. It was agreed that the first
proviso to the proposed annex to Article 95 covers the questions dealt
with in sub-paragraph 2 (c) of Article 36 of the Statuts of the
International Court of Justice.
(c) The delegations of Colombia and Peru reserved their positions upon
the first proviso to the Annex to Article 95.
(d) The delegations of the United Kingdom and Venezuela reserved their
positions regarding the Annex to Article 95.
(e) The delegation of Iraq reserved its position upon the Annex to
Article 95 and the draft resolution.
CHAPTER IX... GENERAL. PROVISIONS
Article 93 (Relations with Non-Members)
(a) In the course of the discussion of paragraph 1 and 2 of the text,
the Committee agree that termination-of any existing obligations of
Members. towards non-Members should be in accordance with the term of
agreements embodying such obligations.
(b) The Committee understands that, in general, sub-paragraph (a) of
/paragraph 2
,
the E/CONF.2/C.6/103
Page 6
paragraph 2 applies to treaties or agreements which, by their terms,
preclude the extension to other Members of the benefits 'provided for in
such treaties or agreements This interpretation does not rule out the
possibility that, if a Member were wilfully to accomplish the same result
by other means, this sub-paragraph should. be held to apply.
(c) The delegation of Iran suggested the following Interpretative note
to paragraph 4 of the text:
"In making its recommendations the Executive Board shall have due
?.regard.to special conditions and economics circumetances of-those
; members which are creditor countries or have. substantial long standing
, trade with such non-Members of which they neighbours and shall take
appropriate, account. of the consequences of its recommendations upon
the interests of such Members.
The Committes agread that the text suggested contained considerations
which would be among those in the mind of the-Executive Board when making
its recommendations pursuant to paragraph 4. It also considered that the
text of Article 93 as a whole was in accordance with the considerations
- ,. va In ec
the delegation of Iran, which.put irore did not insister b~...did n
al to have an interpretative note.upon itop4o'poE
legation of Poland reserved its position. (d.) Th4 1a
Article 94 (Gn)eral Exceptions
(To beh inserted. In te Ant .of discussion). . .;
ryAintorticlrcee n9toFo8 (Ent gFoit rce and Reistration) ...-
The d4e3.gateservedioasy r served.on araiti. Q2 ofn.pprgra '-;v2
ArtiQ3e pending. thfe receipta os isti itsrovernment.uctionEs.m ..r
Ariticle 99 (Terrtorial Application)
tes(a) The Ccnaited. that sion the provipios1 of Articlensragraphs l..
any way cannot. layfect.rights and obligations uauant ndether orpsua'th
Geneeral Agreemnt on Taride.ffs and Tra
egation of Egypt, (b) YTeng to avoid any misunderstanding to-delg te av
which the interpretative, note to..Arght give rise desired toticle 99 mi
recordde the attitEgyptan Government as regard the Sudan. Insuu of, th
vfactiew otthe ithat toherstoms boundaries between Egypt and e are nQcup
the Sudanw and in vie of the fact that Egypt and, rthe Sudadn ae one an
the same tustoms eattersrritoryning , cm concerthe Sudan are the
exclusive concern of the Egyptian Government
legation of Guatemal Proposed that the following explanatory(o) The ge
ncleo99 should be adpoted:te to Arti
e provisions of Article 99 shallbe applicable toPte"oiin oS^.&c 99.~ah1+evpia;n.
im or dispute between Statesspter=tories e the rtqg- o.14aim-.r.ei
n States"ci' he i ç Cer4 ent, q p4; nona-Ari Ç
. *..*rt. /(deoumnt. E/CONF.2/C .6/103
Page 7
(document E/CONF.2/C .6/12/Add. 22)
The Committee upheld a ruling of the Chairman that this proposal, being
one of a political nature, was outside the competence of the Conference.
The delegation of Guatemala entered the following reservation:
"None of the provisions contained in Article 99 shall
prejudice the rights of the Republic of Guatemala nor be
applied to territories under its sovereignity, even when
such territories are the subject of a claim or dispute, or
are at present in the possession of another state."
(d) The delegations of Colombia and Uruguay accepted Article 99
subject to the express understanding that the text did not imply any
undertaking by Members of the Organization regarding possible
territorial disputes between states and that its application could
not be admitted as evidence in such disputes.
(e) The delegations of El Salvador and Venezuela reserved their
positions on Article 99 declaring that their acceptance of this
Article could not prejudge the attitude of their governments regarding
territories of the American Continent the subject of disputes.
(f) The delegations of Argentina, Chile and Mexico reserved their
positions on Article 99 opening the receipt of instructions from
their governments.
PART II
(Texts, interpretative notes and draft resolution to be circulated as
an addendum to this document.) |
|
GATT Library | fj108rc7150 | Sixth Committee: Organization : Explanatory note to Article 99 proposed by the Delegation of Guatemala | United Nations Conference on Trade and Employment, March 4, 1948 | 04/03/1948 | official documents | E/CONF.2/C.6/101 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/fj108rc7150 | fj108rc7150_90050034.xml | GATT_147 | 73 | 558 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.6/101
DU 4 March 1948
COMMERCE ET DE L'EMPLOI ENGLISH
ORIGINAL: SPANISH
SIXTH COMMITTE. ORGANIZATION
EXPLANATORY NOTE TO ARTICLE 99 PROPOSED BY
THE DELEGATION OF GUATEMALA
"None of tho provisions of this Article hall be interpreted as
prejadicing the rights which have been or may be invoked.by States in
connection with territorial questions or disputes or questions or disputes
concerning territorial sovereignty.". |
|
GATT Library | vj508tr0452 | Sixth Committee: Organization : Mexico proposed amendment to Article 1 | United Nations Conference on Trade and Employment, March 9, 1948 | 09/03/1948 | official documents | E/CONF.2/C.6/98/Add.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/vj508tr0452 | vj508tr0452_90050031.xml | GATT_147 | 0 | 0 | ||
GATT Library | jk311km3842 | Sixth Committee: Organization : Mexico proposed amendment to Article 1 | United Nations Conference on Trade and Employment, March 9, 1948 | 09/03/1948 | official documents | E/CONF.2/C.6/98/Add.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/jk311km3842 | jk311km3842_90050031.xml | GATT_147 | 94 | 648 | United Nations
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE LEMPLOI
UNRESTRICTED
E/CONF.2/C.6/98/Add.1
9 March 1948
ORIGINAL: ENGLISH .
SIXTH COMMITTEE : ORGANIZATION
MEXICO PROPOSED AMENDMENT TO ARTICLE 1
The delegation of Mexico proposes to insert the following paragraph
after paragraph 2 of the statement of objectives in Article 1:
"To support a general policy which takes into account the wide
disparity which frequently exists between the return to producers
of raw materials and the producers of manufactured commodities
so as to establish, as far as practicable, equity between those
producers." |
|
GATT Library | pv447mx7774 | Sixth Committee: Organization : Note by the Secretarat | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/94 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pv447mx7774 | pv447mx7774_90050025.xml | GATT_147 | 93 | 643 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.6/94
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMITTEE: ORGANIZATION
NOTE BY THE SECRETARATI
The attention of the Sixth Committee is drawn to the fact that on
2 March 1948 tho General Committee agreed to recommiond that tho following
Article shouId be insorted in Chaptor IX:
"Articlo ..
"The Annoxea to this Charter aro hereby mado an integral
part of this Chartor."
Tho Annoxos referred to in this Articlo would contain tho intorprotative
notes to the toxt of tho Chartor. |
|
GATT Library | by953xt2742 | Sixth Committee: Organization : Note by the secretariat regarding statute of the International Court of Justice | United Nations Conference on Trade and Employment, February 20, 1948 | 20/02/1948 | official documents | E/CONF.2/C.6/81 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/by953xt2742 | by953xt2742_90050006.xml | GATT_147 | 121 | 875 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTDE
CONFERENCE E/CONF.2/C.6/81
DU 20 February 1948
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE ORGANIZATION
NOTE BY TEE SECRETARIAT REGARDING STATUTE OF THE
INTERNATIONAL COURT OF JUSTICE
With reference to the note by the Secreteriat dated 10 February 1948
regarding the question whether paragraph 3 of Article 92 of the Charter
did not conflict with the obligations of states which had. deposited. the
declarations referred to in peragraph 2 of Article 36 of the Statute of
the International Court of Justice, the Sub-Committee on Chapter VIII,
after further consideration and in the light of the instructions received.
by various delegations from their government, came to the conclusion that
no conflict existed. |
|
GATT Library | dg627gg8499 | Sixth Committee: Organization : Note from the delegations of Australia, Canada Mexico, United Klngdom and United States | United Nations Conference on Trade and Employment, February 28, 1948 | 28/02/1948 | official documents | E/CONF.2/C.6/86 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/dg627gg8499 | dg627gg8499_90050013.xml | GATT_147 | 226 | 1,563 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/86
CONFERENCE CONFERENCE 28 February 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
NOTE FROM THE DELEGATIONS OF AUSTRALIA, CANADA
MEXICO, UNITED KlNGDOM AND UNITED STATES
The group of delegations which were requested to discuss informally
a suitable text for paragraph 6, Article 74, have agreed on the following:
"6. The Conference shall approve the budget of the Organization
and shall apportion the expenditures of the Organization among the
Members in accordance with a scale of contributions to be fixed from
time to time by the Conference following such principles as may be
applied by the united Nations [Provided that no Member shall be
required to contribute more than one-third of the total of such
expenditures without its consent]. If a maximum limit is established
on the contribution of a single Member with respect to the budget of
the United Nations, such a limit shall also be applied with respect
to contributions to the Organization."
It was also agreed that it is desirable to include in the final report
of Committee VI a paragraph to the effect that, if the efficiency of the
Organization would otherwise be seriously impaired for lack of funds , a
Member may agree, as a purely temporary measure, to pay more than the
maximum limit in any given year. |
|
GATT Library | fy586tg1029 | Sixth Committee: Organization : Preliminary report of Sub-Committee J on United States amendment to Article 99 | United Nations Conference on Trade and Employment, February 20, 1948 | 20/02/1948 | official documents | E/CONF.2/C.6/80 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/fy586tg1029 | fy586tg1029_90050005.xml | GATT_147 | 497 | 3,368 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C .6/80
ON DU 20 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
PRELIMINARY REPORT OF SUB-COMMITTEE J
ON UNITED STATES AMENDMENT TO ARTICLE 99
Sub-Committee J submits the following Preliminary Report on the
United States proposed amendment to Article 99:
An informal Working Party established by the Sub-Committee to study
method of dealing with the substance of the United States proposal, other
than inclusion in the Charter of specific provision, submitted the
following report:
"1. The Working Party has been unable to find a generally acceptable
alternative to the insertion of a provision in the Charter along the
lines of the United States amendment.
2. The Working Party has examined a text which was suggested for a
new paragraph for Article 68, and finds it generally acceptable and
recommends that it be considered by Sub-Comittee J. The English text
is as follows:
'The Conference, on application of the competent authorities,
shall determine the conditions upon which, rights and obligations
under the Charter shall apply to such authorities in respect of
territories under military occupation and shall determine the
extent of such rights and obligations.'
3. The delegation of New Zealand generally accepted the test mentioned
in paragraph 2 above, and the Working Party therefore suggests to Sub-
Committee J that that part of the New Zealand amendment to Article 68,
paragraph 5, which relates to such special regimes as Condominia should
be referred back to Committee VI with the suggestion that an Ad Hoc
Working Party should study it."
During the comsideration of the Report of the Informal Working Party
the representative of the United States withdraw his amendment to Article 99
in view of the opposition encountered in the Sub-Committes.
The representative of the United Kingdom said that objection of his
delegation was less to the substance of the United States amendment than to
the time and place of its introduction. His delegation recognized the burden
/on the United States E/CONF.2/C .6/80
Page 2 on the United States taxpayer. He stated that it was not only their wish
and their intereat but that they felt moral obligation to do what they could
to alleviate it.
The representative of France associated himself with the comment of the
representative of the United Kingdom
The representative of China stated that his delegation viewed with
sympathy real objectives of the United States amendment, which intended,
he believed, to alleviate the heavy burden on the United States taxpayer.
Sub-Committee J decided to suggest to Committee VI to give favourable
consideration to the text suggested in paragraph 2 of the Informal Working
Party report, and in order to avoid delay and to give opportunity to
delegates who might wish to consult with their governments on the proposed
new clause for Article 68, the Sub-Committee submits this preliminary report
to Committee VI.
The representatives of Czechoslovakia and Poland reserved their position
pending the receipt of instructions from their governments. |
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GATT Library | vn937rt6089 | Sixth Committee: Organization : Proposal by Australian delegation | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/99 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/vn937rt6089 | vn937rt6089_90050032.xml | GATT_147 | 306 | 2,150 | United Nations Nations Unies
UNRESTRICTED
CONFERENCE CONFERENCE E/CONF2/6.6/99C
ON DU 3 March 1948
TRADE AND EMPLOYMET COMMERCE ET DE L'EMPLOI ORIGINAL: ENGISHL
SIXTH COMMITTEE: ORGANIZATION
PROPOSAL BY AUSTRALIAN DELEGATION
Sub-Committee I of the Sixth Committee proposes in its report
(E/CONF.2/C.6/93, attachment 2) that a new article (83A), should. be included
in the Charter.
The Australian Delegation believes the question of the relationship of
ITO with the United Nations is a complex one, involving many constitutional
aspects as well as important matters of principle, and that the question should
be given close and expert study by personnel fully versed in United Nations
machinery and procedure. The provisions of Article 94 already give ample
scope for action where essential security interests are involved, and we
consider that there should not, without direct consultation with the
United. Nations, be included in the Charter at this stage provisions permitting
economic action to be taken, in certain circumstances, in connection with
political situations where essential security interests are not involved.
It appears to the Australian Delegation that the best course would. be for
the matter to be referred to the Interim Commission for study by that body in
connection with the drawing up of the Relationship Agreement with the
United Nations, and the Interim Commision should. be requested. to report back
to the first Conference of the ITO.
The Australian Delegation, therefore, submits the following proposals:
1. Paragraph 3 should be deleted from the proposed new Article (83A).
2. The draft terms of reference for the Interim Commission should be
amended to provide that the Interim Commission should, in its
negotiations with the United Nations for the conclusion of a
Relationship Agreement, study the problem of economic actions
arising out of political situations, and the applicability of the
Charter to such economic actions, and should report to the first
I.T.O. Conference. |
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GATT Library | cz297yn1445 | Sixth Committee: Organization : Proposal concerning the text of Article 83 A (Based on the South African proposal in document E/CONF.2/C.6/93/ADD.2) put forward tentatively by the delegation of the United Kingdom | United Nations Conference on Trade and Employment, March 9, 1948 | 09/03/1948 | official documents | E/CONF.2/C.6/93/Add.4 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/cz297yn1445 | cz297yn1445_90050024.xml | GATT_147 | 157 | 1,134 | United Nations Nations Unies
CONFERENCE CONFERENCE
ON DU 9 march 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
SIXTH COMMITEE: ORGANIZATION
PROPOSAL CONCERNINC THE TEXT OF ARTICLE 83 A (BASED ON THE
SOUNTH AFRICAN PROPOSAL IN DOCUMENT E/CONF.2/C.6/93/ADD.2)
PUT FORWARD TENTATIVELY BY THE DELEGATION
OF THE UNITED KINGDOM
"3. The Members recognze that the Organization should not attempt to take
action which would involve passing judgment, in whole or in part, on
essentially polictal issues. Accordingly, in order to avoid conflict of
responsibility between the United Nations and the Organization with
respect to political matters, any measure which is directly in connection
with a political natter brought before the United Nations in accordance
with Chapter IV or VI of the United. Nations Charter shall be deemed. to fall
within the acope of the United Nations rather than that of the Organization
and, under these circumstances, shall not be subject to the provisions of
this Charter." |
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GATT Library | dq554cf5319 | Sixth Committee: Organization. Report | United Nations Conference on Trade and Employment, March 17, 1948 | 17/03/1948 | official documents | E/CONF.2/68 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/dq554cf5319 | dq554cf5319_90040140.xml | GATT_147 | 0 | 0 | ||
GATT Library | gf228zc5789 | Sixth Committee: Organization. Report | United Nations Conference on Trade and Employment, March 17, 1948 | 17/03/1948 | official documents | E/CONF.2/68 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/gf228zc5789 | gf228zc5789_90040140.xml | GATT_147 | 2,787 | 18,396 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E CONF. 2/68
ON DU 17 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT
PART I
1. The Sixth Committee was charged with the consideration of Chapters I
(Purpose and Objectives), VII (The International Trade Organization), VIII
(Settlement of Differences - Interpretation) and IX (General Provisions) of
the Draft Charter prepared by the Preparatory Committee. The Committee, under
the chairmanship of Mr. Eirk Colban (Norway) held forty-onemeetings.
2. The Committee established seventeen Sub-Committees, the principal ones
being those set up to discuss Article 1 (Purpose and Objectives), the
proposal of the delegation of Mexico to establish an Economic Development
Committee and related matters (this Sub-Committee worked jointly with a
Sub-Committee of the Second Committee), Article 75 (Composition of the
Executive Board), Article 81 (The Tariff Committee), Chapter VIII
(Settlement of Differences - Interpretation), Article 93 (Relations with
Non-Members), Article 94 (General Exceptions) and Articles 95, 96 ,98, 99
and 100 (Amendments, Review of the Charter, Entry into Force and
Registration, Territorial Application and Deposit of Texts respectively),
The Sub-Committees, with the exception of the Sub-Committee on Article 81,
are the only ones whose reports, apart from the texts recommended, contain
any matters of substance. These reports which were approved subject only
to drafting amendments are to be found in the following documents:
Sub-Committee Document
Article 1 E/CONF.2/C.6/98
Joint Sub-Committee of Second
and Sixth Committees E/CONF.2/C.6/72
Article 75 E/C0NF.2/C.6/53 and Corr.1
Chapter VIII E/CONF.2/C.6/83 and Corr.1
Article 93 E/CONF.2/C.6/96
Article 94 E/CONF.2/C.6/93
Article 95, 96, 98, and 100 E/CONF.2/C.6/48/Rev.1
E/CONF.2/C.6/80
E/CONF.2/C.6/82
3. In addition to the Sub-Committees already mentioned, the Sixth Committee
/established E/CONF.2/68
Page 2
established a number of working parties, the principal one being that set up
to consider the question of the establishment of an Interim Commission for the
Organization. The report of this Working Party is contained in document
E:/CONF.2/C.6/110. The Sixth Committee has issued a separate report upon this
question (document E/CONF.2/C.6/111).
4. The Committee, subject to the reservations hereinafter recorded,
recommends to the Conference for adoption the attached texts of Chapters I,
VII, VIII and IX together with the interpretative notes which appear
immediately after the Articles to which they refer.
5. The Sixth Committee wishes to place on record the following comments,
declarations and reservations upon the texts which it presents to the
Conference:
CHAPTER VII. THE INTERNATIONAL TRADE ORGANIZATION
Article 68 (Membership)
The Committee did not discuss the question of which were the "competent
authorities!' for the purpose of paragraph. 5.of Article 68 with respect to any
particular territory. The delegation of Czechoslovakia declared that in its
viewpoint the competent authority in respect of Germany is the Inter-allied
Control Commission in Berlin. The delegation of Poland stated that in its
opinion the competent authorities in respect of Germany and Japan are the
Inter-allied.Control Commission in Berlin and the Far Eastern Commission in
Washington respectively. The delegations of Czechoslovakia and poland
reserved their positions upon paragraph 5 of Article 68.
Article 69 (Functions)
(a) The Committee in discussing Article 69 was of the opinion that
whenever the United Nations create agencies for certain specific
purposes, suah as, for example, the Fiscal Commission of the Economic
and Social Council, the Organization shall make its studies and
recommendations in close collaboration with these agencies.
(b) Regarding sub-paragraph (d) the Committee agreed that, although
general recommendations are to be made to "the Members", meaning the
Members as a whole , nevertheless there are, through the Charter,
provisions, which envisage recommendations to one or more Members
specially, for example as in Chapter VIII. The Committee did not
intend to change the effect of such specific provisions,
Article 74 (Powers and Duties)
With regard to paragraph 6, the Committee agreed that if a maximum limit
upon contributions were established and if the efficiency of the Organization
would otherwise be seriously impaired for lack of funds, a Member may agree, E/ICON.2/68
Page 3
as a purely temporary measure, to pay more then the maximum limit in any
Article 75 (Composition of the Executive Board)
(a) The Committee agreed that paragraph 3 of the Annex to Article 75
is intended to cover also the case of certain geographical groups,such
as the Arab states, other Middle and Near Eastern States and states in
the north of Europe. It is anticipated that any one of such groups may
deem it convenient to present a common candidate to represent the
Particular interests of all the countries of the group.
(b) The Committee agreed that the text of Article 75 implies that each
Member of the Executive Board should act for the Organization as a whole
and should bear in mind the interests of all the Members.
(c) The delegation of Italy reserved its position on Article 75.
Article 80 (Composition and Procedure)
The delegation of Costa Rica proposed to add the following words at the
end of paragraph 1 of Artiale 80:
"Not more than one person of the same nationality shall form part of
any commission."
The Committee agreed that normally not more than one person drawn from
any one Member should form part of any commission. It considered that it
was not neceessry to state this in the text.
Article 83A (Relations with the United Nations).
(a) On examining several of the proposals submitted by delegations)
relating to action taken in connection with political matters or with
the essential interests of Members, the Committee concluded that the
provision regarding such action should be made in connection with an
article on "Reations with the United Nations" since the question of
the proper allocation of responsibility as between the Organization
and the United Nations was involved. Accordingly the Committee adopted
a new Article 83A. Paragraphs 1, 2 and 4 of the text of this article
replace paragraph 1of the former text of Article 84 and sub-paragraph (c)
of the former text of Article 94
(b) Paragraph 3 of Article 83A which, like paragraph 4, is independent
in its operation, is designed to deal with any measure which is directly
in connection with a political matter brought before the United Nations
inwa manner Which wiIl avoid conflict of responsibility between the
United Nations and the Organization with respect to political matters.
The committee agreed that this provision would cover measures maintained
by a Member even though another Member has brought the particular matter
before the United Nations so long as the measure was taken directly in
connesthenmwite . , MattarIt was also agreed that such a measure,
/as wellas the E/CONF.2/68
Page 4.
as well as the political matter with which it was directly connected,
should remain within the jurisdiotion of the United Nations and not
within that of the Organization. The Committee held that the important
thing was to maintain the jurisdiction of the United Nations over
political matters and over economic measures of this sort taken
directly in connection with such a political matter, and nothing in
Article 83A could be held to prejudice the freedom of action of the
United Nations to settle such matters and to take steps to deal with
such economic measures in accordance with the provisions of the
Charter of the United Nations if they see fit to do so.
(c) It was the view of the Committee that the word "measure" in
paragraph 3 of Article 83A and in the interpretative note to that
paragraph refere only to a measure which is taken directly in connection
with a political matter brought before the United Nations in accordance
with Chapters IV and VI of the Charter of the United Nations and does
not refer to any other measure.
(d) The delegation of South Africa reserved its position upon
paragraph 3 of Article 83A and the interpretative note to that
paragraph pending the receipt of instructions from its government.
CHAPTER VIII. SETTLEMENT OF DIFFERENCES - INTERPRETAION
Article 88A (Reliance on the Procedures of the Charter)
(a) The Committee examined the question of the relation between
paragraph 1 of Article 88A and paragraph 2 of Article 89 in connection
with procedures for arbitration as agreed between Members under existing
or future bilateral or multilateral treaties. It decided that no
clarification is necessary as to whether the procedure established in
the Charter or in other treaties should have priority since procedures
for arbitration under other treaties would not be inconsistent with the
procedures of the Charter.
(b) Pending the result of the consultation which, by resolution of the
United Nations Conference on Trade and Employment, the Interim Commission
of the International Trade. Organization Is instructed to carry out with
appropriate officials of the International Court of Justice or with the
Court itself, regarding possible amendments to Chapter VIII designed to
ensure recourse to the International Court of Justice by Members of the
Organization which are parties to the Statute of the Court in respect of
questions arising from the Charter but not covered by Chapter VIll the
delegation of Mexico maintained the view that paragraph 1 of Article 88A
does not impair the rights of Members under the Statute of the
International Court of Justice as regards questions arising from the
Charter but which are not covered by Chapter VIII of the Charter.
/Article 89 E/CONF.2/68
Page 5
Article 89 (Consultation Between Members)
(a) The Committee was of the opinion that, in case of widespread
unemployment or a serious decline in demand in the territory of another
Member, a Member might properly have recourse to Article 89, if the
measures adopted by the other Member under the provisions of Article 3
had not produced the effects which they were designed to achieve and thus
did not result in such benefits as might reasonably be anticipated.
(b) The Committee agreed that the word "matter" as used in Article 89
and in the rest of Chapter VIII refers to nullification or impairment of
a benefit and not to the failure, inaction, measure or situation referred
to in sub-pargraphs 1 (a), (b) or (c) of Article 89.
(c) The delegation of Belgium reserved its positions upon the words
"other than Article 1" in paragraph 1 of Article 89 pending the receipt
of instructions from its government.
(a) The Committee draws attention to the fact that in both Article 90
and Article 91 the text provides that the nature of the relief to be
granted is compensatory and not punitive. The word. "appropriate" in
the text should not be read to provide for relief beyond compensation.
(b) It was agreed that sub-paragraph 2 (v) of Article 90 does not
empower the Executive Board or the Conference to require a Member to
suspend or withdraw a measure not in conflict with the Charter.
Articles 91 and 92 (Reference to the International Court of Justice and
Miscellaneous Provisions, respectively), Annex to Article 95 and Draft
Resolution
(a) The Committee agreed to use the phrase "whose interests are thereby
prejudiced" in paragraph 2 of Article 91 in order to make it clear that
a real interest of a Member must be adversely affected before that
Member can compel recourse of the Organization to the International
court of justice. A remote, theoretical or unsubstantial interest of
a Member in the decision in question would not be sufficient to give
a Member rights under Article 91.
(b) The view of certain delegations was expressed that the provisions
of Chapter VIII did not provide for recourse to the International court
of justice on all questions arising out of the Charter .Those
delegations urged that the text be in particular amended so as to provide
that Members might refer such questions as could not be decided by the
Organization to the International Court. It was made clear, however,
that these delegations did not urge that a Member should be allowed to
attack the validity of an advisory opinion of the court obtained through
the procedure of Chapter VIII on the points covered by such opinions. E/CONF. 2/68
Page 6
The views of other delegations were expressed that the procedures of
Chapter VIII were plenary and adequate.
In view of the limited time available for further discussion, the
Committee agreed that the Interim Commission should examine the question,
and the Committee proposen a resolution providing for such examination
(see Part II). The Committee also agreed that amendment to the provisions
of the Charter in this respect should be relatively easy in the light
of the report to be presented by the Interim Commission, and therefore,
suggests an annex to Article 95 provoding for amendments in this
respect by a simple majority vote of the Conference. It Was agreed.
that the first proviso to the proposed annex to Article 95 covers the
questions dealt with in sub-paragraph 2 (c) of Article 36 of the Statute
of the International Court of Justice.
(c) The delegations of Colombia, Iraq and Peru reserved thei rpositions
upon the first proviso to the Annex to Article 95.
CHAPTER IX. GENERAL PROVISIONS
Article 93 (Relations with Non-Members)
(a) In the course of the discussion of paragraphs 1 and 2 of the text,
the Committee agreed that termination of any existin gobligations of
Members towards non-Member should be in accordance with the terms of
the agreements embodying such obligations.
(b) The Committee understands that, in general, sub-paragraph (a) of
paragraph applies to treat agreements which ,by thiir terms,hieries or agreemeor
preclude the extension to other Members of the benefits provided for
in such tresies or agreements This interpretation does not rule
out the possibility that, if a Member were wilfully to accomplish
the same result by other means, this sub-parag to apply.raph should be held
(c) The Committee further understands that action by a state trading
enterprise of a non-Member which would be non-disscriminatory under the
terms of Article 30 would also be comnatory kinsidered non-discfor the
purpose of interpreting the provisions of paragraph 2 (a), of
Article 93
(d) The delegation of Iran suggested the following interpretative note
ln making its recommendations the Executive Board shall have due
regard to special conditions and economic circumstances of those
Members which are creditor countries or have substantial
long-standing trade with such non-member of which they are
neighboure and shall take appropriate account of the consequences
of its recommendations upon the interests of such members."
/The Committee E/CONF. 2/68
Page 7
The Committee agreed that the text suggested contained considerations
which would be among those in the mind of the Executive Board when making
its recommendations pursuant to paragraph 4. It also considered that the
text of Article 93 as a whole was in accordance with the considerations
put forward by the delegation of Iran, which therefore did not insist
upon Its proposal to have an interpretative note.
(e) The delegations of Argentina, Bolivia, Chile, Peru and Poland
reserved their positions on Article 93.
Article 94 (General Exceptions)
(a) The delegation of Italy reserved its position on sub-paragraph 2 (a)
of Article 94.
(b) The delegation of Turkey reserved its position upon Article 94
pending the outcome of the discussions on Article 16 and pending the
receipt of instructions from its government.
Article 99 (Territorial Application)
(a) The Committee agreed that the provisions of paragraph 1 of
Article 99 cannot in any way affect rights and obligations under or
pursuant to the General Agreement on Tariffs and Trade.
(b) The delegation of Egypt, desiring to avoid any misunderstanding
to which the interpretative note to Article 99 might give rise desired
to record the attitude of the Egyptian Government as regard the Sudan.
In view of the fact that there are no customs boundaries between
Egypt and the Sudan and in view of the fact that Egypt and the Sudan
are one and the name territory, customs matters concerning the Sudan
are the exclusive concern of the Egyptian Government,
(c) The Committee agreed that no presumption should be drawn from
the text of paragraphs 1 and 2 of Article 99 that the dependent territories
were autonomous or quasi-autonomous in the conduct of their external
commercial relations and of the other matters provided for by the
Charter for the purposes of paragraph 3 of Article 68.
(d) The delegation of the United Kingdom said that the Government of
the United Kingdom, Great Britain and Northern Ireland would not have
thought that the general principle laid down in the interpretative
note to Article 99 required any qualification, since it in no way
prejudices the question of what is or is not a condominium. In view,
however, of the declaration by the delegation of Egypt, the Government
of the United Kingdom decided to place on record that, as is well known,
it does not accept the thesis of the Egyptian Government in regard to
the Anglo-Egyptian Condominium of the Sudan. |
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GATT Library | hx310qy7872 | Sixth Committee: Organization : Report of Sub-Committee G on Chapter VIII | United Nations Conference on Trade and Employment, February 25, 1948 | 25/02/1948 | official documents | E/CONF.2/C.6/83 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hx310qy7872 | hx310qy7872_90050008.xml | GATT_147 | 3,714 | 23,755 | United Nations Nations Unies UNRESTRCTEDI
CONFERENCE CONFERENCE E/CONF.2/c.6/83
ON DU 25 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE ORGANIZATION
REPORT OF SUB-COMMITTEE G ON CHAPTER VIII
1. The Sub-Committee, composed. of the representatives of Australia, Canada,
Colombia, Denmark, France, India, Iraq, Italy, Mexico, Netherlands, Poland,
South Africa, Switzerland, United Kingdom, United States and Uruguay, was
established. by the Sixth Committee to discuss Chapter VIII (Settlement of
Differences - Interpretation) of the Draft Charter prepared by the Preparatory
Committee (with the exception of paragraph 1 of Article 92) and the amendments
presented thereto and in the light of discussion to submit a new test of the
Chapter to the Sixth Committee. The Chairmain of the Sub-Committee was
Mr. Couillard (Canada),
2. The Sub-Committee, having taken note of the recommendation of the
Preparatory Committee that Chapter VIII should be fully reconsidered at Havana,
made a thorough examination of all the provisions of the Chapter which fell
within its terms of reference holding, in all, twenty-two meetings as well as
establishing four working parties. As a result of its discussion the text of
the Chapter has been expanded and clarified. The word. "Interpretation" has
been deleted from the title of. the Chapter in view of the new text of
Article 100 already adopted by the Sixth Committee,
3. The Sub-Committee considered that paragraph 3 of the original text of
Article 92 should receive special emphasis. It therefore recommends that this
paragraph, as reworded, should. be taken out of Article 92 and. made into a new
article entitled "Reliance on the Procedures of the Charter" and. placed at the
comeencement of Chapter VIII.
4. The Sub-committee gave consideration to a doubt expressed. by .the
delegation of Mexico whether this provision did not conflict with the
obligations of Members which had. deposited the declarations referred to in
paragraph 2. of Article 36 of the Statute of the International Court of .Justice,
In the light of Its discussion, and particularly in the light of instructions
received by various delegations from their governments, the Sub-Committee
inserted. the words. "in relation to other Members or the Organization" so as to
ensure that no conflict could. be thought to exist..
5. (a) The scope of the original: text of Article 89 has been narrowed by
the deletion from the opening words of that Article of the reference
/to impeding E/CONF.2/C.6/83
Page 2
to impeding the attainment of the objectives stated in Article 1.
(b) The Sub-Committee was of the opinion that a Member might properly
have recourse to Article 89 if the measures adopted. by another Member
under the provions of Article 3 did not produce the effects which they
were designed. to achieve and thus did not result in such benefits as
might reasonably be anticipated
(c) The Sub-Committee agreed. that the word "matter" as used. in
Chapter VIII refers to nullification or impairment of a benefit and not to
the failure, inaction, measure or. situation referred to in sub-
paragraphs 1 (a), (b) and. (c) of Article 89.
(a) Article 89 has been redrafted. so as to make it clear that under that
article resort may be had to arbitration, upon agreed terms, the resulted "
of which do not bind the Organization or any. Member other than the parties,
to the arbitration.
6. The Sub-Committee examined the question of the relation.between the texts
of paragraph 1 of Article 88 A and paragraph 2 .of Article 89 in connection with,
procedures for arbitration as agreed between Members under existing or futuer
bilateral or multilateral treaties. The Sub-Committee decided that no
carification is necessary as to whether the procedure estetblished in the
Charter or in other treaties should. have priority since procedures for
arbitration under other treaties would not be inconsistent with. the procdures
of the Charter.
7. The Sub-Committee found. it desirable to break down the original Article 90
(Reference to the Organization) into two articles, the first dealing with
reference to the Executive Board, the second, with reference to the Conference.
In the former article the courses available to the Executive Board after a
matter has been brought to its attention have been set out. In both of these -
articles the-text provides that the nature of the -relief to be granted is
compensatory and not punitive, The word appropriatee" in the text should. not
be read to provide for relief beyond compensation.
8. While examining Article 90 the Sub-Committee noticed. that Article 78
which is concerned. with the power and. duties of the Executive Board, gives
the Bord. power to make recommendations only to the Conference or to inter-
governnmental, organizations and not to Members. - To bring this article into
conformity with Chapter VIII some amendment to it. or to -some .other- article of
the Charter might be necessary.
9. The Sub-Comittee agreed that sub-paragraph 2 (v) of Article .90 does not
empower the Executive Board or the Conference to propose. the suspension or
withdrawal of a measure not in conflict with the Charter,
10, The Sub-Committee agreed. to use the phrase "whose interestes are thereby
/porejudiced" E/CONF.2/C 6/83
Page 3
prejudied." in paragraph 2 of Article 91 in order to make it clear that a real
interest of a Member must be adversely affected before that Member can compel
recourse of the Organization to the International Court of Justice. A remote,
theoretical or unsubstanal interest of a Member in the decision in question
would not be sufficient to give a Member rights under Article 91.
11. In view of the deletion of the second sentence of paragraph 2 of Article 92
it was agreed that the attention of the Sixth Committee should be called to the
desirability of amending.other provisions of the Charter so as to give the
Conference the authority to make such rules as are referred to in that
paragraph, except in relation to matters arising under Chapter VIII.
12. The view of certain delegations was expressed that the provisions of
Chapter VIII do not provide for recourse to the International Court of justice
on all questions arising out of the Charter. Those delegations urged that the
text be in particular amended so as to provide that Members might refer such
questions as could not be decided by the Organization to the International
Court. It was made clear, however, that these delegations did not urge that
a Member should-be allowed. to attack the validity of an advisory opinion of
the Court obtained through the procedures of Chapter VIII on the points covered
by such opinions. The views of other delegations were expressed. that the
procedures of Chapter VIII were plenary and adequate.
13, Under these circumstances, and in view of the difficulties of this subject
and the limited. time available for discussion, the Sub-Committee agreed that'
the Interim Comission should. examine the question, and. the Sub-Committee
proposes a resolution providing for such examination (see-page.9). The Sub-
Committee also agreed. that amendment to the provisions of the Charter in this
respect should be relatively easy in the light of the report to be presented
by the Interim Commission, and,- therefore, suggests an annex to Article 95
providing for amendments in this respect by a simple majority vote of the
Conference. The Sub-Committee agreed. .that the first proviso to the proposed
annex to Article 95 covers the questions dealt with in sub-paragraph 2 (c) of
Article 36 of the Statute of the International Court of Justice.
14. In the. course of its work the Sub-Committee considered the relationship
between Chapter VIII and other parts of the Charter and the Chairman of the
Sub-Committee presented an interim report on this subject to the Sixth Committee
on 3 February 1948 (see document E/CONF.2/C.6/49/Rev.1). Since that date the
matter has been dealt with by the Sixth Committes (see document E/CONF:2/C.6/63)
15. The following reservations to this report have been entered:
(a) The delegation, of Colombia reserved its position regarding the first
proviso to tho proposed annex to Article. 95. .
(b) The delegations of India and Mexico indicated their general acceptance
of the proposed annex to Article 95 and of the draft resolution, subject
/to confirmation E/CONF.2/c.6/83
Page 4
to comfirmation by their governments
(d) The delegations of Iraq and United Kingdom reserved their position
on thes proposed annex to Article 95 and on the draft resolution pending
the receipt of instructions.
16, The sub-Committee recommends to the Sixth Committee the following text
of Chapter VIII and. of the annex to Article 95:
CHAPTER VIII - SETTLEMENT OF DIFFERENCES [INTERPRETATION]
Article 88 A
Reliance on the Procedures of the Charter
1. The Members undertake, in relation to other Members or the Organization,
that they will not have recourse to any procedure other than the procedure
envisaged. in this Charter for complaints and the settlement of differences
arising out of lts operation.
2. The Members also undertake, without prejudice to any other international
agreement, that they will not have recourse to unilateral economic measures
of any kind contrary to the provisions of this Charter.
Article 89
Consultation [between Menbers] and. Arbitration
1. If any Member should consider that any benefit accruing to it direct]
or indirectly, implicitly or explicitly, under any of the provisions of this
Charter other than Article 1, is being nullified or impaired [ or that the
attainment of any of the objectives set forth in Article 1 is being impeded]
as a result of.
(a) the failure of another Member to carry out its obligations under
this Charter] a breach by a Member of an obligation under this Charter
by ction or failure to act; or
(b) the application by [another] a Member of [any] a measure whether
or not It conflicts] not conflicting with the provisions of this Charter
or
(c) the existence or any other situation] ;
the Member may, with a view to the satisfactory adjustment of the matter,
make written representations or proposals to the7 such other Member or
Members [which] as it considers to be concerned [ Any Member thus approached]
,and the Members receiving them shall give sympathetic consideration [to the
representations or proposals made to it] thereto. [In any such case, the
Members concerned shall keep the Director General informed generally of any
discussions undertaken.] /2 The Members E/CONF.2/c .6/83
Page 5
2, The Members concerned may submit paragraph 1 to
arbitration upon terms agreed. between them Provided that the decision of the
arbitrator shall not be binding for any purpose upon the Organization or upon
any Members other than those partioipating in the arbitration.
The Members concened. shall inform the Organization of the
Progress and outome of any consultation of any consultation or arbitration undertaken under this
Charter.
[Article 90
Reference to the Organization
[1. If the matter is not satisfactorily adjusted within a reasonable time or
if It falls within Article 89 (c), it may be referred. to the Executive Board
or, with the approval of the Executive Board, directly to the Conference. The
Executive Board or the Conference, as the case may be, shall promptly
investigate any matter so referred. and shall make recommendations to the Members'
which it considers to be concerned or give a ruling on the matter, as
appropriate, It may in the course of such investigation consult with Members,
the Commissions of the Organization, the Economic and Social Council of the
United. Nations and.any inter-governmental organization, in cases here it
considers such consultation necessary.
[2. The Executive Board may refer the matter, with the consent of the Members
Concerned, to arbitration upon such terms as may b. agreed. between the Board.
and such Members,.
[3. Any ruling of the Executive Board shall be reviewed by the Conference at
the request of any interested. Member. Upon such request the Conference shlla
by resolution-confirm or modify or reverse such ruling.
[4. If the Conference considers that the circumstances are serious enough
to Justify.such action, it may authorize a Member or Members to suspend the
applications to any other Member or Members of such obligations or concessions
under or pursuant to this Charter as the Conference determines to be
appropriate,. If the application to any Member of any obligation or concession
is in fact suspended, that Member shall then be free, not later than sixty days
after such action is taken, to advise the Director-General in writing of its
intention to withdraw from the Organization and such withdrawal shall take
effect upon the expiration of sixty. days from the day on which written notice
of such withdrawal is received by the Director-General.
Article 90
Reference to the Executive Board
Any matter arising under Article 89 (1) (a) or (b) which is not
satisfactorily settled. and any matter which arises under Article 89 (1) (c)
/may be E/CONF.2/C.6/83
Page 6
may be referred. by any Member concerned. to- the Executive Board.
2. The Executive Board shall promptly investigate-the matter and shall
. decide whether any nullification or. impairment in fact exists within the
terms of Article- 89 (1). It shall. than .take such ot the following steps
as may be appropriate.
(i) decide that the matter does not call .for any action;
(ii) recommend. further consultation to the Members concerned;
(iii) refer the Matter to arbitration upon such terms as may be agreed
between the Executive Board. and the Members concerned;
(iv) in any matter.arising under Article 89 (1) (a) request the Member
concerned to take or dicontinue such action as may be necessary
for the Membor to conform to the provisions of the Charter;
(v) in any matter arising under Article 89 (1) (b).or (c), make such
recommendations to Members as will best assist the Members
concerned and contribute to a satisfactory. adjustment.
3. If the Executive Board considers that action under Article 90 (2) (iv)
and (v) is not likely to be effective in time to prevent serious injury, and
that any nullification or impairment found. to exist under Article 89 (1) (a)
is .sufficiently serious justify such action, it may. subject to the
provisions of paragraph 1 of Article 90A release the Member or Members
affecte. from obligations or the grant of concessions to any other Member or
Members under or pursuant to the Charter, to the extent and upon such
conditions as it considers appropriate an. compensatory, having regard. to
the benefit which has been nullified or impaired.
4. The Executive Board may, in the course of its investigation, consult
with such Members or inter-governmental organizations and upon such matters
within the scope of the Charter as it deems appropriate, It may.also-consult
any appropriate commission of the Organization on any Matter arising under
this Chapter.
The Executive Board may bring any matter, referred to it under this
Article, before the Conference at any time during its consideration of the
matter.
Article 90A
Reference to the Conference
1. The Executive Board shall if requested to do so within thirty days by
a Member concerned, refer to the Conference for review any action, decision
or recommendation by the Executive Board under paragraph 2 or 3 of Article 90.
Unlees such review has been asked-.for by a Member-concerned, Members shall
be entitled. to act in accordance with any action decision or recomendation.
/of the
. E/CONF.2/C.6/83
Page 7
of the Executive Board under paragraph 2 or 3 of Article 90. The Conforence
shall by resolution confirm, modify or reverse such action, decision or
recommendation.
2. Where a matter arising under this Chaptar has been brought before the
Conference by the Executive Board, the Conference shall follow the same
procedure as that set out in Article 90 (2) for the Executive Board.
3. If the Conference considers that any nullication or impairment found to
exist under Article 89 (1) (a) is sufficiently serious to justify such action,
it may authorize the release of the Member or Members affected from obligation
or the grant of concessions to any other Member or Members under or pursuant
to the Charter, to the extent and upon such conditions as it considers
appropriate and. compensatory, having regard to the benefit which has been
nullified or impaired. If the Conference considers that any nullification
or impairment found to exist under Article 89 (1) (b) or (c) is sufficiently
serious to justif 'such action, it may similarly authorize a release of a
Member or Members to the extent and upon such conditions as will achieve the
objects set out in Article 90 (2) (v).
4. When any Member or Members suspend the Performance of any obligation or
grant of any concession to another Member in accordance with paragraph 3, the
latter Member shall then be free not later than sixty days after such action
is taken, or after the opinion of the International Court of Justice is given
to give notice of its withdrawal from the Organization. Such withdrawal
shall become effective upon the expiration of sixty days fro. the day on
which much notice is received by the Director-General.
Article 91
Reference to the International Court of Justice
1. The [ conference or the Executive Board] Organization may, in accordance
with arrangements made pursuant to paragraph 2 of Article 96 of the Charter
of the United Nations, request from the International Court of Justice
advisory opinions on legal questions arising within the scope of the
activities of the Organization.
2. Any resolution or decision of the Conference under [paragraph 3 0f
Article 90 or decision of the Conference under any other Article of] this
Charter shall be subject to review by the International Court of Justice
through the means of a request, in appropriate form, for an advisory opinion
pursuant to the Statute of the [International] Court [of Justice]. The
request for review of such resolution or decision shall be made by the
Organization, in appropriate form, upon the instance of any substantially
interested Member.
/3. The request E/CONF.2/c.6/83
Page 8
3. The request for an advisory opinion shall be accompanied. by a statement
to b. furnished by the Organization in consultation with the Members
substantially interested, in accordance with the Statute of the International
Court of Justice, of .the [facts underlying the] question upon which [the] a
opinion [of the Court is requested.] is required. and accompanied, by all
documents. likely to throw light upon the. question, [The Organization shall
supply to the Court such further information as the Court may required
4. Pending the. delivery of the opinion of the International Court of
Justice, the resolution.or decision of the Conference shall. have full force
and effect; Provided that the Conference shall suspond the operation of any
such resolution or decision pending the delivery of the opinion here in
the view of the-Conference damage difficult to repair would otherwise.be
caused to a. Member concerned. `
5. The Organization, shall consider itself as bound the opinion of the
International Court of Justice [upon] on [the] any question referred [to]
by it [shall be binding upon the Organization to the Court. The resolution
or decision in question shall be modified insofar as it dose not accord with
the. opinion of the International Court or Justice.
Article 92 2
Miscellaneous Provisions.
For the purposes of the interpretation of this Charter under the.
provsions.of this Chapter, the English and French texts shall be ..
authoritatve.]*
[2.] 1 Nothing in this Chapter shall be construed. to exclude other
procedures provided. for in this Charter for consultation and settlement of
differences arising.out of its operation. The Crganization may regard.
consultation or investigation undertaken under any other provisions of the
Charter as fuluing. either in hole or -in part, any similar procedural
requirement in this Chapter.
[3. The Members undertaken that thay will not have recourse .to any procedure
other than the procedures envisaged in this Charter for complaints and
the settlement of difficulties arising out of its operation, nor, without
prejudice to any -other international agreement; to unilateral sanctions of
any kind on the ground that there has been a violation .of an Obligation of
this Charter, in advance of a complaint to the Organization and a finla
decision of the Organization establishing such violations
[4.] 2 The Conference and. the Executive Board shall establish such rules
of procedure as may be necessary to carry out the provisions of this Chapter.
* As agreed by the Sixth Committee. -
* 'The rules E/CONF. 2/C.6/83
Page 9
The rules of the Conference shall include provisions concerning the
maintenance in force or suspension of any ruling of the Executive Board
pending review by the Conference under paragraph 3 of Article 90.]
Proposed Annex to Article 95
Any amendment to Chapter VIII of this Charter which may be recommended
by the Interim Comission after consultation with the International Court
of Justice and which relates to review by the International Court of matters
arising out of the Charter but not already covered. in Chapter VIII shall
become effective upon receiving approval of the Conference at its first
regular session by affirmative vote of a simple majority of the Members.
. Provided; that such amendment shall not provide for review by the
International Court of any economic or financial fact as established. IV or
through the Organization; and provided. further that such amendment shall
not affect the obligation of Members to accept the advisory opinion of the
International Court as binding on the Organization upon the points covered
by such opinion,
DRAFT RESOLUTION
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMETN
HAVING considered. the relation of the International Trade Organization
and the International Court; and
HAVING provided, in Chapter VIII of the Charter, procedures for review
by the International Court of legal questions arising out of decisions and
recommendations of the Organization,
RESOLVES that the Interim Commission of the International Trade
Organization, through such means as may be appropriate, -hall consuIt with
appropriate officials of the International Court or with the Court itself,
and after such consultation report to the first regular session of the
Conference of the International Trade Organization upon the questions of:
(a) whether such procedures need. to be changed. to ensure that
decisions of the Court on matters referred. to it by the Organization
should, with respect to the Organization, have the nature of a
judgment; and
(b) whether and amendment should. be presented. to the Conference
pursuant to and in accordance with provisions of the annex to
Article 95 of the Charter. |
|
GATT Library | hx720xs2219 | Sixth Committee: Organization : Report of Sub-Committee I (Article 94) | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/93 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hx720xs2219 | hx720xs2219_90050020.xml | GATT_147 | 2,465 | 16,220 | United Nations Nations Unies
UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/93
ON DU 2 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE ORGANIZATION
REPORT OF SUB-COMMITTEE I (ARTICLE 94)
Term of Reference and Composition
1. At lts nineteenth meating, the Sixth Committee established a sub- committee
to examine all amendments relating to the subject matter of Article 94.
Representatives of the following delegations comprised the membership of the
Sub-Committee: Australia, Costa Rica, Czechoslovakia, Guatemala, Iraq, India,
Pakistan, the Union of South Africa, the United Kingdom and the United State
of America. At its first meeting the Sub-Committee unanimously elected
Mr. TINOCO (Costa Rica) as Chairman. At the seventh meeting, in view of the
absence of Mr. TINOCO from the Conference, Mr. J. GOMEZ-ROBLES (Guatemala) was
elected unanimously to serve in his place as Chairman.
Activties of the Sub-Committee
2. The Sub.Committee examined the various proposal set forth in connection
vith Article 94 in E/CONF.2/C.6/12 (vith the exception of the amendment
proposed by the delegation of Egypt which was withdrawn prior to the
establishment of the Sub-Committee), together with the proposals in Addende 8
and 9 to that document. The representative of Costa Rica withdrew the
amendment which his delegation had proposed in view of the discussion of other
provisions in the Charter relating to thet proposal.
3. The Sub-Committee held nine meetings. The large measure of agreement
reached on the taxts appended to this report, relating to such complex and
difficult questions, reflected the thoroughness of the formal and informal
discussions among members of the Sub-Committee and the capable guidance by
the Chairman. The comments and reservations made by members of the
Sub-Committee, collectively or individually, regarding these texte are
indicated below.
Article 94 (see Attachment 1 with Annex)
4. No change has been made in the text of paragraph 1(a) as given in the
Geneva draft.
5. The preamble of sub-paragraph (b) has been modified to make it clear
that the action-referred to might be taken by a single Member or by that
Member acting with other states. The Sub-Committee has also modified
slightly this preamble, as well as the folloving sub-paragraphs, in order to
/Indicates E/CONF.2/C.6/93 Page 2
indicate more clearly that the sub-paragraphs refer to "action" and not to
"essential security interests".
6. Apart from the slight drafting change mentioned above, which required
the substitution of "relates" for "relating", the text of sub-paragraph (i)
in the Geneva draft has not been changed.
7. Sub-paragraph (ii) has been changed to refer explicitly both to the
military establishment of the Member and of any other country rather than
merely to "a military establishment".
8. Apart from the drafting modifications consequential upon the changes
made in the preamble, sub-paragraph (iii) remains unchanged.
9 Paragraph 1 (c) has already been recommended to the Fifth and Sixth
Committees by a joint sub-committee (E/CONF.2/c.5/14 and E/CONF.2/0.6/45).
The Fifth committee has approved this text subject to the recommendation of
the joint sub-committee that the present sub-committee should consider the
possible inclusion of the word "solely" before "for the purpose of ..."
The present Sub-Committee has considered this matter and has concurred in
the present language of paragraph 1 (c), without the addition of the word
"solely".The Sub-Committee understands that as now drafted the exception
granted in this paragraph is granted solely for the purpose of permitting
a Member country to provide for its national security requirements.
10. In the course of its consideration of the special circumstances of
India and Pakistan as newly created independent states, the Sub-Committee
sought the advice of the appropriate Sub-Committee of the Third committee
concerning the proper location in the Charter of a provision on this subject.
In the light of the advice received, the present Sub-Committee agrees that
this special situation should be dealt with in connection with Article 94.
In view of the fact that the situation referred to is of temporary duration,
the Sub-Committee is of the opinion that the detailed provision should
appear as an annex to the Charter rather than in the text proper of a
particular article. Paragraph 1 (d) is designed to make this provision,
although contained in an annex, an integral part of the Charter.
11. In the preparation of paragraph 2, the Sub-committee established a
working party to consider the exceptions relating to "peace treaties" and
"special regimes". The report of this working party is contained in
E/CONF.2/c.6/W.44. The Sub-Committee has not considered it desirable to
cover in this general provision the peace treaties or parmanent settlements
prior to the Second World War, particularly in the absence of authoritative
information concerning the provisions and present validity of such earlier
treaties or settlements. The reprssentative of Iraq entered a provisional
reservation concerning parargraph 2 (a) pending final decisions on the texts
/of Articles 15 E/CONF.2/C.6/93
Page 3
of Articles 15 and 16. The representative of Turkey who was not a member
of the Sub-Committee, indicated that his delegation also reserved its position
pending the outcome of the discussion on Article 16. In drafting
paragraph 2 (b) the Sub-Committee has been guided by the terminology of
paragraph 4 of Article 68 as approved by the Sixth Committee (E/CONF.2/C.6/88).
12. The Sub-Committee Communicated to the appropriate Sub-Committee of the
Third Committee a that an exception might be made in Article 43
concerning action "necessary to the enforcement of police or other laws
relating to public safety" or "necessary for the maintenance of public order
or safety". The Third Committee has now approved the inclusion in Article 4,3
as paragraph 1 (a) (ii), of measures "necessary to the enforcement of laws
and regulations relating to public safety" (E/CONF.2/c.8/5/Rev.1).
New Article 83A (see attachment 2 with interepretative note)
13. On examining several of the proposal submitted by delegations relating
to action takon in connection with political matter or with the essential
lnterests of Members, the Sub-Committee concluded that provision regarding
such action should be made in connection with an article on "Relations with
the United Nations" since the question of the proper allocation of
responsibility as between the Organization and the United Nations was involved.
Accordingly, the Sub-Committee recommends the inclusion in the Charter of
the article contained in Attachment 2, together with the accompaying
interpretative note.
14. It will be noted that paragraphs 1, 2 and 4 of the new text are intended
to replace paragraph 1 of Article 84, and paragraph (c) of Article 94 in
the Geneva draft.
15. Paragraph 3 of the proposed new article, which like paragraph 4 is
independent in its operation, is designed to deal with any measure which is
directly in connection with a political matter brought before the
United Nations in a manner which will avoid conflict of responsibility between
the United Nations and the Organization with respect to political matter.
ln the course of the discussion this paragraph the Sub-Committee agreed that
this provision would cover measures maintained by a Member even though another
Member had brought the particular matter before the United Nations, so long
as the measure was taken directly in connections with the matter, It was
agreed alec that under this provision the Member maintaining the measure
could, so far as this Charter is concerned, continue that measures so, long
as lt felt that the circumstaces were unchanged from that Member's point of
view. The Sub-Committee held that the Important thing was to maintain the
jurisdiction of the United Nations over political matters over economic
measures of this sort taken directly in connection with such a political
/Matter E/ 2..6/93 Page 4
matter and nothing in this Article could be held to prejudice the freedom of
action of the United Nations to settle matters and to take steps to deal
with such economic measures in accordance with the provisins of the o
United Nations Charter. if they saw fit to do so. The Sub-Committee points
out that in the event of the adoption of the new article changes in
paragraph 2(c) of the draft terms of reference of the Interim Commissio may,n
in the list of its provisions, be required, (E/CONF.2/C.6/W.117). The
representative of the Union of South Africa dissented from this pargrapha
of the report.
16. The representative of India indicated that this delegatio acceptedn
the text subject to such amendments as it may think fit to propose in the
Committee. His delegation would maintain for the time being its
original amendment to Article 94.
17. The representative of Iraq indicated that he was in agreement with the
text of the new article subject to confirmation by his government.
18. The representative of the Union of South Africa stated that diferentf
members of the Sub-Committee had appealed to him try to reach a comproise.m
He had promised to do so and had accordingly successively proposed three
amendments to the United Kingdom amendment which has been accepted as
paragraph 3 of the proposed text. He had not received any supprt in his o
attempts to arrive at a compromise, nor had any other member tried to suggest
a compromise text. He accordingly felt that he had redeemed his promise
and reserved full right to discuss the question. if necessary, in all its
bearings in Committee, VI. He asked that his amendments be recorded in th e
report of the Sub-Committee. These amendments real as follows:
A. The following text to be substituted for paragraph 3 of the
Sub-Committee's text:
"3.. Members recognize that the Organization shoiud not
attempt to take any action which would involve passing
judgement, in whole or in part,m on essentially political
issues. If a complaint is referred to the Organization
on a matter which is on the agenda of the United Nations,
the Organization shall regfer such complaint to the
United Nations.."
B. Alternatively, the following change might be made in the
dekete: "and shall not be subject to the provisions of this
Charter"
subtitute: "and not within the cope of Organization\: E/CONF.2/C.6/93
Page 5
permitting unilateral use of sanctions".
C. Or, finally, the words "brought before" in paragraph 3
might be replaced by "which appears on the agenda of the
appropriate organ of ..." E/CONF.2/c.6/93 Pages 6
ATTACHMENT 1
TEXT PROPOSED BY SUB-COMMITTEE I OF COMMITTEE VI
Article 94
General Exceptions
1. Nothing in this Charter shall be construed:
(a) to require a Member to furnish any information the disclosure of
which considers contrary to its essential security interests; or
(b) to prevent ember from, taking, either singly or with other
states, any action which it considers necessary for the protection
of its essential security interested, where such action:
(i) relates to fissionable materials or the materials
from which they are derived;
(ii) relates to the traffic in arms, ammunition and
implements of war and to such traffic in other
goods and materials as is carried on directly
or indirectly for the purpose of supplying a
military establishment of the Member or of any
other country;
(iii) is taken in time of war or other emergency in
international relations; or
(c) to prevent a Member from entering into or carrying out any
inter-governmental agreement, or other agreement on behalf of a
government for the purpose specified in this exception, made by
or for a military establishment for the purpose of meeting essential
requirements of the national security of one or more of the
participating countries; or
(d) to prevent action taken in accordance with the term of
Annex 00 to the Charter.
2. Nothing in this Charter shall override:
(a) any of the provisions of peace treaties or permanent settlements
resulting from, the Second World War which are or shall be in force
and which are or shall be registered with the United Nations, or
(b) any of the provisions of instruments creating Trust Territories
or any other special regimes established by the United Nations.
/ANNEX 00 E/CONF.2/c.6/93
Page 7
SPECIAL PROVISIONS REGARDING INDIA AND PAKISTAN
Since there are special circumstances arising out of the establishment
of India and Pakistan as independent states, and since they have long
constituted an economic unit, the provisions of the Charter shall not prevent
the two countries from entering into special agreements with respect to the
trade between them, pending the establishment of their mutual trade relations
on a definitive basis. Measures adopted by India and Pakistan in order to
carry out definitive agreements in respect of their mutual trade, once they
have been agreed upon, may depart from particular provisions of this Charter;
Provided that such measures are in general consistent with the purpose and
objectives of the Charter.
/ATTACHMENT 2 E/CONF.2/c.6/93
Pege 8
ATTACHMENT 2
TEXT PROPOSED BY SUB-COMMITTEE I OF COMMITTEE VI
New Article (83A)
Relations with the United Nations
1. The Organization shall be brought into relationship with the United
Nations as soon as practicable as one of the specialized agencies referred
to in Article 57 of the Charter of the United Nations. This relationship
shall be effected by agreement to be approved by the Conference.
2. Any such agreement shall, subject to the provision of this Charter,
provide for effective co-operation and the avoidance of unnecessary
duplication in the activities of the respective organization, and for
co-operation in furthering the restoration and maintenance of international
peace and security.
3. In order to avoid conflict of responsibility between the United Nations
and the Organization with respect to political matters, any measure which is
directly in connection with a political natter brought before the United
Nations in accordance with the Chapter IV or VI of the United Nations
Charter shall be deemed to fall within the scope of the United Nations, and
shall not be subject to the provisions of this Charter.
4. No action, taken by a member in pursuance of its obligations under the
United Nations Charter for the restoration and maintenance of international
peace and security, shall be deemed to conflict with the provisions of this
Charter.
Interpretative Note
(a) If any Member raises the question whether a measure taken under
paragraph 3 of this Article is in tact directly in connection with a
political matter brought before the United Nations in accordance with
the terms of Chapter IV or Chapter VI of the United Nations Charter,
the responsibility for making a determination on the question shall
rest with the International Trade Organization, but if political
issues beyond the competence of the Organization are involved the
question shall be deemed to fall within the scope of the United Nations.
(b) If a Member which has no direct political concern in the matter
brought before the United Nations finds that a measure taken under
paragraph 3 of this Article nullifies or impairs any benefit accruing
to it directly or indirectly in the absence of such measures, it shall
seek redress only by recourse to the procedures laid down in
Chapter VIII of the Charter of the International Trade Organization. |
|
GATT Library | dq790yn2539 | Sixth Committee: Organization : Report of Sub-Committee I. India: Proposed amendment to new Article 83 (A) relations with the United Nations | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/93/Add.1 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/dq790yn2539 | dq790yn2539_90050021.xml | GATT_147 | 126 | 851 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
C0NFERENCE
DU
COMMERCE ET DE L'EMLOI
UNRESTRICTED
E/CONF. 2/C. 6/93/
Add. 1
3 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT OF SUB- COMMITTEE I
INDIA: PROPOSED AMENDMENT TO NEW ARTICLE 83 (A)
RELATIONS WITH THE UNITED NATIONS
Paragraph 3
In place of:
Substitute:
"shall not be subject to the provisions of this Charter"
"shall not be deemed to conflict with the provisions
of this Charter".
SIXIEME COMMISSION: ORGANISATION
RAPPORT DE LA SOUS-COMMISSION I
INDE: PROPOSITION D'AMEDEMENT A L'ARTICLE 83 (A)NOUVEAU
RELATIONS DES NATIONS UNIES
Paragraphe 3
Au lieu de:
Lire:
"ne sera pas soumise aux dispositions de la Charte"
"ne sera pas considérée comme étant incompatible
avec les dispositions de la présente Charte." |
|
GATT Library | sh340yt1596 | Sixth Committee: Organization : Report of Sub-Committee J on amendment of United Kingdom to Article 99 | United Nations Conference on Trade and Employment, February 25, 1948 | 25/02/1948 | official documents | E/CONF.2/C.6/82 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/sh340yt1596 | sh340yt1596_90050007.xml | GATT_147 | 0 | 0 | ||
GATT Library | tj104rm7538 | Sixth Committee: Organization : Report of Sub-Committee J on amendment of United Kingdom to Article 99 | United Nations Conference on Trade and Employment, February 25, 1948 | 25/02/1948 | official documents | E/CONF.2/C.6/82 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/tj104rm7538 | tj104rm7538_90050007.xml | GATT_147 | 417 | 2,828 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED E/CONF.2/c.6/82
ON DU 25February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL ENGLSHI
SIXTH COMMITTEE: ORGANIZATONI
REPORT OF SUB-COMMITTEE J ON AMENDMENT OF UNITED KINGDMO
TO ARTICLE 99
The Sub-Committee recomends unanimously to Committee VI that
Article 99, paragraphe 1 and 2, be amended as proposed by the
United Kingdom. The following 10 the amended. text of paragraphs 1
and 2 of Article 99:
"1. Each Government accepting this Charter dose go in respect of
its metropolitan. territory and of the other territories for which
it has international responsaibility except such seperate customs
territories as it shall notify to the Organization at the time of
its own acceptance [1 Provided. that it may at the time of acceptance
declare. that any separate customs territory for which it has
international resposibility possesses full autonomy in the conduct of
its external commercial relations and. of the other matters provided for
by this Charter, and that acceptance dose not relate to such territory ]
2. Each Member may [,]at any time [,] accept this Charter in
accordance with paragraph 1 of Article 98 on behalf of any separate
cutoms territory excepted. under paragraph 1 of this Article [referred
to in the proviso of paragraph 1 of this Article, which is willing to
undertake the obligations of this Chapter.]"
The Sub-Committee agreed that no presumption should be drawn from
his amendment that the dependent territories were autonomous or
quasi-autonomous in the conduct of their external comercial relations
and. of the other matters provided for by the Charter for purposes or
Article 68, pargraph .3
The Sub-Committee recommends that the following consequential
changes be made in Article 68, paragraph 3:
"3, Any separate customs territory not invited to the United Nations
Conference on Trade and Employment, proposed by the competent Member
have /having . E/CONF.2/C.6/82
Page 2
having responsibility for the formal conduot of its diplomatic
relations and which is autonomous in the conduct of lta
external commercial relations and or the other matters provided
for by this Charter. and whose admission is approved by the
Conference shall become a Member upon acceptance of the Charter
on its behalf by the competent Member in accordance with
[paragraph, 2 of ] Article 99, or, in the case of a territory
in respect of which the Charter han been accepted under the said
[paragraph 1 of ] Article [99] upon.such approval by the Conference,
after it has thus become autonomus [ upon Its becoming thus
autonomous."] |
|
GATT Library | bj481wk3894 | Sixth Committee: Organization : Report of the Ad hoc Sub-Committee upon paragraph 5 of Article 1 | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.6/107 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/bj481wk3894 | bj481wk3894_90050050.xml | GATT_147 | 165 | 1,268 | United Nations Nations Unies UNRESTRITEDC
CONFERECE CONFERENCE E/CONF.2/C.6/107
ON DU 10 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLIHS
SIXTH COMMITEE: ORGANIZATONI
REPORT OF THE AD HOC SUB-COMMITTEE UPON PARAGRAPH 5 OF ARTICLE 1
1. The Sub-Committee failed to reach unanimous agreement upon a redraft
of paragraph 5 of Article 1. However, the Sub-Committee, with the exception
of the representative of France, was of the opinion that the purpose of
this paragraph could be covered by the following addition as paragraph 1
of Article 42:
"1. Members recognize the desirability of increasing freedom of
trade by the development, through voluntary agreements, of closer
integration between the economies of participants.
"2. They also recognize .......
2. The representative of France was not able to accept the deletion of
paragraph 5 of Article 1 and maintained the following proposal for the
text of that paragraph:
"To increase freedom of trade by the development, throuh-voluntary
agreements, of closer integration between the economies of the
participants." |
|
GATT Library | mv358fq9365 | Sixth Committee: Organization : Report of the Sub-Committee on Article 1 | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/98 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/mv358fq9365 | mv358fq9365_90050030.xml | GATT_147 | 947 | 6,770 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/98
3 March 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT OF THE SUB-COMMITTEE ON ARTICL 1
1. The Sub-Committee, composed of the representatives of Argentina; Belgium,
Ecuador,Egypt, France, Italy, Norway, the United Kingdom, the United States
and Uruguay was established by the Sixth Committee to discuss Chapter I
(Purpose and Objectives) of the draft Charter prepared by the Preparatory
Committee an the amendments presented thereto and in the light of discussion
to submit a new text of the Chapter to the Sixth Committee. The Chairman of
the Sub-Committee was Mr. Max Suetens (Belgium). On occasions when Mr. Suetens
was unable to take the chair Mr. Eric Colban (Norway) presided over the
Sub-Committee.
2. The Sub-Committee, subject to the reservation of the representative of
Ecuador recorded below, unanimousIy recomends the following text Article 1
to the Sixth Committee. Additions to and deletions from the text of the
draft Chater prepared at Geneva are shown by the use of underlining and
square brackets.
CHAPTER 1. PURPOSE AND OBJECTIVES
Article 1
RECOGNIZING the determination of the United Nations to [promote]
create conditions stability and wellbeing which are necessary for
peaceful and friendly relations among nations,
THE [STATES] PARTIES to this Charter undertaken the fields of
trade and employment to co-operate with one another and with the United
Nations For the Purpose of
.
REALIZING the aims set forth in the Charter of the Unoted Nations
particularly the attainment of the higher standards in the living, full
employment and conditions of economic and social progress and
development, envisaged in Article 55[(a)] of that Charter.
TO THIS END they pledge themselves, individually and collectively,
to promote national and international action designed to attain the
following objectives:
/1. To assure E/CONF.2/C.6/98
Page 2
1. To assure a large and steadily growing volume of real income and
effective demand, to increase the production, consumption and exchange
of goods, and thus to contribute to a balanced and expanding world.
2. To foster and assist industrial and general economic development,
particularly of those countries which are still in the early stages of
iindustrial development, and to encourage the international flow of
capital for productive investment .
3. To further the employment by all countries, on equal -terms, of access
to the markets products and productive facilities which are needed for
their economic prosperity and development.
4. To [reduce] promote the reduction of tariffs and others barriers to
trade and [to eliminate] the elimination of discriminatary treatment in
international commerce.
5. To increase freedom of trade by encouraging the development of
closer economic integration throughout areas more extensive than those
defined by political frontiers.
[5.] 6. To enable countries, by. increasing the opportunities for their
trade and economic development on a mutually advantageous basis to abstain
from measures which would, disrupt world commerce, reduce productive
employment or retard economic progress.
[6.] 7. To facilitate through the promotion of mutual understanding,
consultation and co-operation the solution of problems relating to
international trade in the fields of employment, economic development,
commercial policy, business practices and commodity policy.
ACCORDINGLY they hereby establish the INTERNATIONAL TRADE ORGANIZATION
through which they shall co-operate as Members to achieve the purpose and
the.objectives set forth in this Article.
3. The proposal by the representative of Ecuador to insert the following
paragraph after paragraph 2 in the statement of objectives:
."To assure an equitable regulation of prices on the international
market so that a fair relationship may be maintained between the standard
of living in countries which mainly produce raw materials and that in
countries which mainly produce manufactured goods" (document
E/CONF.2/C.6/12/Add.12)
was; after discussion, withdrawn and the following wording substituted:
"To support a general policy which takes into account the necessity
of compensating the wide disparity which frequently exists between the
prices of raw materials and the prices of manufactures so as to establish
the necessary equity between those prices."
/This E/CONF.2/C.6/98
Page 3
This new proposal was supported, in addition to the representative
or Ecuador, by the representative of Argentina. The representatives of
Belgium, Egypt, France, Italy, Norway, the United Kingdom, Uruguay and
the United. States opposed it principally on the ground that it was not
appropriate for inclusion in Article 1. The representative of Ecuador
reserved his position on this matter pending the receipt of further
iinstructions from his government.
4. The representative of Mexico, who was invited to participate in the
work of the Sub-Committee during the discussion of the amendments of his
delegation, to Article 1, reserved the right, should, the text to be prepared
by the Sub-Committee not give satisfaction, to reopen the question of the
following amendment: to add a new paragraph 4 in the statement of
objectives reading as following
"4. To facilitate, in conditions of economy, access to raw materials
constituting exportable surpluses in any country" (document
E/CONF.2/C.6/12/Add.12).
5. The Sub-Committee unanimously agreed with the principle contained in
the proposal by the representative of Argentina to add the following
paragraph as a new paragraph 6 to the statement of objectives document
E/CONF.2/C .6/12):
"6. To further the recognition of the worker's right
(a) to work;
(b) to receive a fair wage;
(c) to receive training;
(d) to proper working conditions;
(e) to conditions not injurious to health;
(f) to comfort and wellbeing;
(g) to social security;
(h) to family protection;
(i) to economic advancement; and
(j) to defend, his professional interests."
However, the Sub-Committee considered that it would not be appropriate
to include thus paragraph in the statement of objectives of the
Organization. The representatives of Argentina and Uruguay reserved the
right to reopen this question in the Sixth Committee. |
|
GATT Library | gh796ym8471 | Sixth Committee: Organization : Report of the Sub-Committee on Article 93 (Relations with non-members) | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/96 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/gh796ym8471 | gh796ym8471_90050027.xml | GATT_147 | 724 | 4,972 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/96
CONFERENCE CONFERENCE
ON DU 3 March 1948
TRADE AND EMPLOYMENT COMMERC ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
REPORT OF THE SUB-COMMITTEE ON ARTICLE 93
(RELATIONS WITH NON-MEMBERS)
1. The Sub-Committee was composed of the representatives of Argentina,
Australia, Belguim, China, Cuba, Czechoslovakia, France, Greece, Iran, Italy,
Lebanon, Sweden, the United Kingdom and the United States. It was
established by the Sixth Committee to prepare a text of Article 93 (Relations
with Non-Members) to replace, for consideration by the Committee, the three
alternative versions forwarded by the Preparatory Committee, The
Sub-Committee was also instructed to consider in the course of its work the
new proposals put forward at Havana. The Sub-Committee elected
Mr. Forthomme (Belgium) as Chairman.
2. The Sub-Comittee, with no dissenting voice, recommends the following
text of Article 93. The representative of Argentina, however, reserved his
position pending the receipt of instructions from his government.
Article 93
Relations with Non-Members
1. Nothing in this Charter shall preclude any Member from
maintaining economic relations with non-Members.
2. Members recognize that it would be inconsistent with the purpose
of this Charter to seek any arrangements with non-Members for the
purpose of obtaining for the trade of such Members preferential
treatment as compared with the trade of other Members, or so to
conduct their trade with non-Members as to result in injury to other
Member,. Accordingly,
(a) no Member shall enter into any new arrangement with a
non-Member which precludes the non-Member from extending to
other Members any benefit provided for by such arrangement.
(b) Subject to the provisions of Chapter IV, no Member shall extend
to the trade of any non-Member treatment which, being more
favourable than that which it extends to any Member, injures the
economic interests of another Member.
/3. Nothing in this E/CONF.2/C.6/96
Page 2
3.Nothing in this Charter shall be interpreted to require a
Member to extend to non-Members treatment as favourable as that which
iit extends to Members under the provisions of the Charter. Failure
to extend such treatment shall not be regarded as inconsistent with
the term or the spirit of the Charter.
4. The Executive Board shall make periodic studies of general
problem arising out of commercial relations between Members and
non-Members and, with a view to promoting the purpose of the Charter,
may make recommendations to the Conference with respect to such
relations. Any recommendation involving alterations in provisions
of this Article shall be dealt with in accordance with Article 95.
3. The Sub-Committee agreed that nothing in Article 93 shall be construed
to prejudice or prevent the operation of the provisions of Article 57 (1)
regarding the treatment to be accorded to non-participating countries under
the terms of a commodity control agreement which conform to the
requirements of Chapter VI. It is recommended that a interpretative note
to this effect should be added to the text.
4. In the course of the discussion of paragraphs 1 and 2 of the text, the
Sub-Committee agreed that termination of any existing obligations of Members
towards non-Members should be in accordance with the term of the agreements
embodying such obligations.
5. The Sub-Committee understands that, in general, sub-paragraph (a) of
paragraph 2 applies to treaties or agreements which, by their terms, preclude
the extension to other Members of the benefits provided for in such treaties
or agreements. This interpretation does not rule out the possibility that,
if a Member were wilfully to accomplish the same result by other means this
sub-paragraph should be held to apply.
6. The representative of Iran suggested the following interpretative note
to paragraph 4 of the text.
"In making its recommendations the Executive Board shall have due
regard to special conditions and economic circumstances of those
Members which are creditor countries or have substantial long-standing
trade with such non-Members of which they are neighbours and shall
take appropriate account of the consequences of its recommendations
upon the interests of such Members."
The Sub-Committee agreed that the text suggested contained considerations
which could be among those in the mind of the Executive Board when making
its-recommendations pursuant to paragraph 4. It also considered that the
text of Article 93 as a hole was in accordance with the considerations put
forward. by the representative of Iran, who therefore did not insist upon
his proposal to have an interpretative note. |
|
GATT Library | zb911pq1047 | Sixth Committee: Organization : Report of the working party of paragraph 2 of Article 98 (Entry into force and registration) | United Nations Conference on Trade and Employment, February 20, 1948 | 20/02/1948 | official documents | E/CONF.2/C.6/79 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/zb911pq1047 | zb911pq1047_90050004.xml | GATT_147 | 563 | 3,702 | United Nations Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/0 .6/79
CONFERENCE CONFERENCE 20 February. 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGIAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT OF THE WORKING PARTY OF PARAGRAPH 2 OF ARTICLE 98
(ENTRY INTO FORCE AND REGISTRATION)
The Working Party on Paragrph 2 of Article 98 was established. at the
twenty-seventh meeting of the Sixth Committee and was composed of the
representatives of Canada, Colombia, Cuba, Mexico, the Philippines,
United. Kingdom, United. States and. Uruguay. The Working Party held one
meeting on 18 February 1948, under the chairmanship of Mr. COUILLARD (Canada)
and. unanimously adopted the following text of Article 98*:
Article 98
Entry into Force and Registration
1. The Government of each State accepting this Charter shall deposit
an instrument of acceptance with the Secretary-General of the
United. Nations, who will inform all governments represented. at the
United. Nations Conference on Trade and Employment and all Members of
the United Nations not so represented, of the date of deposit of each
instrument of acceptance and of the day on which. this Charter enters
into force. After the entry into force of this Charter pursuant to
the terms of paragaph 2 of this Article, each instrument of acceptance
so deposited. shall take effect on the sixtieth day following the day
on which it is deposited: Provided that for the purpose of the first
regular session of the Conference any Government which has deposited.
an instrument of acceptance pursuant to this paragraph prior to the
first day of the session, shall have the right to anticipate in the
Conference as a full Member.
* Changes and additions in text are indicated by underlining. Paragraphs 1
and.4 as adopted. by the Sixth Committee on second reading are reproduced
for convenience.
/2. This Charter E/CONF.2/C. 6/79
Page 2
2, This Charter shall enter into force:
(a) on the sixtieth day following the day on which a majority
of the Governments signing the Final Act of the United Nations
Conference on Trade and Employment. have deposited instruments
of acceptance pursuant to paragraph 1 of this Article:
(b) if, during the period of one year from the date of signature
of the said Final Act, the Charter has not entered into force
pursuant to sub-paragraph (a) of this Article, then on the
sixtieth day following the day on which the number of Governments
represented. at the United Nations Conference on Trade and
Employment which have deposited instruments of acceptance pursuant
to paragraph 1 of this Article shall reach twenty:
(c) if this Charter shall not have entered. into force by
30 September 1949, then the Secretary-General of the United Nations
shall institute consultation among those Governments which have
deposited acceptances to determine whether and on what conditions
they desire to bring the Charter into force.
3. Until 30 September 1949 no state or separate customs territory
whose government has signed the said Final Act shall be deemed to be
a non-Member under the terms of Article 93.
4. The United Nations is authorized to effect registration of this
Charter as soon as it comes into force.
The Working Party also agreed to recommend to the Working Party on the
Interim Commission through the Chairman of the Sixth Committee that the
-first Conference of the Organization should not be convened within the first
four months folIowing the entry into force of the Charter. |
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GATT Library | gx685mx0976 | Sixth Committee: Organization : Report of the working party on the question of condoninia | United Nations Conference on Trade and Employment, March 2, 1948 | 02/03/1948 | official documents | E/CONF.2/C.6/92 and E/CONF.2/C.6/76-103/ADD.1/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/gx685mx0976 | gx685mx0976_90050019.xml | GATT_147 | 136 | 934 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFRENCE UNRESTRICTED
E/CONF.2/c.6/92
DU 2 March 1948
COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT OF THE WORKING PARTY ON THE QUESTION OF CONDONINIA
Representatives of the delegations of Australia, Egypt, France,
New Zealand and the United Kingdom, having been appointed by Committee VI as
a working party to consider the problem of bringing condominia within the
scope of the Organization, recommend, subject to confirmation by the
Governments concerned, that the insertion of the following interpretative
note to Article 99 would provide the most workable and appropriate solution
to this problem:
"In the case of a condominium, where both or all the co-domini are
Members of the Organization, they may, if they so desire and agree,
Jointly accept this Charter in respect of the condominium." |
|
GATT Library | jg427kv2070 | Sixth Committee: Organization : Report of the working party to consider the question of an Interim Commission for the International Trade Organization | United Nations Conference on Trade and Employment, March 12, 1948 | 12/03/1948 | official documents | E/CONF.2/C.6/110 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/jg427kv2070 | jg427kv2070_90050053.xml | GATT_147 | 1,276 | 8,686 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/110
ON DU 12 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT OF THE WORKING PARTY TO CONSIDER THE QUESTION OF
AN INTERIM COMMISSION FOR THE INTERNATIONAL
TRADE ORGANIZATION
1. The Working Party composed of the representatives of Canada, Colombia
El Salvador, France, Iraq, Mexico, Netherlands, New Zealand, Norway,
Pakistan, Peru, Philippines, Turkey, United. Kingdom and United States, held
five meetings under the chairmanship of Mr. CoIban (Norway).
2. After agreeing unanimously that an Interim Commission should be
established, the Working Party took as a basis of discussion a draft
arrangement prepared by the Executive Secretary in the light of the procedure
followed by other conferences at which the constitutions of specialized
agencies were drafted. In the course of discussion certain delegations
found that the signature of an arrangement might raise for them-legal
difficulties. The working Party therefore agreed that the Interim Commission
should be established by means of a resolution,
3. The Working Party agreed that the performance of the functions specified
in sub-paragraphs 2 (c), (d) and (e) of the annex to the resolution could
not result in the increase of the obligations or the decrease of the rights
of Members under the Charter.
4. It vas agreed that under the second sentence of paragraph 3 of the
annex to twe resolution the Executive Secretary of the Commission might, for
example be authorized to make available to the Contracting Parties to the
General Agreement on Tariffs and Trade acting jointly in accordance with
Article XXV thereof, at, their request, the services of the staff upon terms
to be agreed.
5. The Working Party considered that a function which the Executive
Committee might usefully perform under use-paragraph 2 (i) of the annex
would be the publication of the important documents issued at Havana.
The Working Party noted however that it has not been possible at the
Conference to establish authentic text of the reports of committees and
sub-committees. The attention of the Executive Committee of the Interim
Commission is drawn to this fact. The working Party assumes that, before
/the Executive Committee E/CONF.2/C.6/110 Page 2
the Executive Committee publishes, whether for use at the first regular
session of the Conference of the Organization or othervise, the texts of any
of these reported or of any other important document is issued at Havana,the
Executive Committee will ensure that such text are, as far as possible.
correct and that they correspond. In each language that is employed.
6. The Working Party recommends to the Sixth Committee the adoption of the
following resolution and its annex
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOMYMENT
HAVING prepared. a Charter for an International Trade Organization
(hereinafter referred to as "the Charter" and "the Oraganization".
respectiveyl.)
CONSIDERING...that pending the establishment of the Organization
certain interim function should be performed
HEREBY RESOLVES to establish an Interim Commission for the
International TradeOrganization (hereinafter called "the Commission"),
consisting of representatives of the governments* which have approved.
this resolution.and which are entitled. to original membership of the
Organization-under. Article 68 of the Charter. The terms of reference.
and structure of the Commission are set out in the Annex to this
,,
resolution which forms an integral part thereof,
*/ANNEX E/CONF.2/C.6/110
Page 3
ANNEX
1. The Commission shall appoint an Executive Committee of eighteen members
to exercise any or all of its functions as the Comission may determine on
2, The Commission shall have the following functions:
(a) to convoke the first regular session of the Conference of the
Organization (hereinafter referred to as "the Corference") not less
than four months and, as far as practicable, not more than six months
after the receipt of theIast acceptance needed to bring the Charter
into force;
(b) to submit the provisional agenda for the first regular session
of the Conference, together with documents and recommendations
relating to all matters upon this agenda, including:
(i) proposals as to the programme and budget for the
firstt year of the Organization
(ii) studies regarding of headquarters of
the Organization
(iii) draft financial and staff regulations
(c) to prepare in consultation with the United Nations a draft
agreement of rolationship a contemlated in paragraph l of Article 83A
of the Charter for consideration by the first regular session of the,
Conference;
(d) to prepare, in consultation with inter-governmental organizations
other then the United Nations, for presentation to the first regular
sessionof the Conference, documents and recommendations regarding
the implementations of the provisions ofr paragraphs 1 and 3 of Article 84
of the Charter;
(e) ta -prepare in consulation with non-govermental organizations,
for presentation to the first regular session of the Conference
recommendations regarding implementation of the provisions of
paragraph 2 of Article 84 of the Charter;
(f) to prepare with a view to recommendation by the Economic and
Social Council to the first regular session of the Conference, the
Annex referred paragraph 3 of. Article 87 of the Charter;
.(g) to carry out the functions -and responsibilities referred to in the
following documents of the United Nations Conferene on Trade and
Employment:*
*These documnent will be listed here, together with their symbols, They
have not been listed at the present time as possibly the final documents
referring to these matters have yet to be issued.
/(h) to enter E/CONF.2/C.6/110.
Page 4
(h) to enter into consultations with the Secretary-General of the
United Nations regarding the expenses incurred by the Preparatory
Committee of the united Nations Conference on Trade and Employment
and by that Conference and, in the light of such consultations, to
present a report to the first regular session of the Conference.
(i) generally to perform such other functions as may be
ancillary and necessary to the effective carrying out
of the provisions of this annex.
3. The Commission shall appoint an Excecutive Secretary who shall be its
chief administrative officer. The Executive Secretary shall also perform
such other functions and duties as the Commission may determine.
4. The Executive Secretary shall appoint the staff of the Commission using
as he considers desirable such assistance a may be extended to him by the
Secretary-General of the United Nations.
5. The Executive Secretary shall prepare and the Commission shall approve
the budget estimates for the operation of the Commission. The expenses of
the Commission shall be met from funds provided by the United Nations and for
this purpose the Commission shall make the necessary arrangements with the
Secretary-General of the United Nations for the advance of such-funds and
for their reimbursement. Should these funds be insufficient, the Commission
may accept advances from Governments Such advances from Governments may be
set off against the contributions of the Governments concerned to the
Organization.
6. Arrangements may be made with the Secretary-General of the United Nations
regarding the provision of such personnel as may be required to carry on
the work of the Interim Co-ordinating Committee for International Commodity
Arrangements.
7. The Executive Committee shall hold its first meeting in Havana
immediately after its establishment. Its subsequent meetings shall be held
in Geneva unless it decides otherwise.
8. The Executive Committee shall submit a report of the activities
the Commission to the first regular session of the Conference.
9. The benefit of the privileges and immunites provided in thë Convention
on Privileges and Immunities of the Specialized Agencies adopted by the
General Assembly of the United Nations shall as far as possible, be exteded
to and in connection with the Commission.
10. The Commission shall cease to exist upon the appointment of the
Director-General of the Organization, at which time the property and records
of the Commission shall be transferred to the Organization. |
|
GATT Library | nf188cz0252 | Sixth Committee: Organization. Report - part II | United Nations Conference on Trade and Employment, March 18, 1948 | 18/03/1948 | official documents | E/CONF.2/68/Add.2 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/nf188cz0252 | nf188cz0252_90040142.xml | GATT_147 | 8,332 | 53,552 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/68/Add.2
ON DU 18 March l948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FRENCH
SIXTH COMMITTEE: ORGANIZATION
REPORT - PART II
CHAPTER I. PURPOSE AND OBJECTIVES
Article 1
RECOGNIZING the determination of the United Nations to create con-
ditions of stability and well-being which are necessary for peaceful and
friendly relations among nations,
THE PARTIES to this Charter undertake in the fields of trade and
employment to co-operate with one another and with the United Nations
FOR THE PURPOSE OF
REALIZING the aims set forth in the Charter of the United Nations,
particularly the attainment of the higher standards of living, full
employment and conditions of economic and social progress and development,
envisaged in Article 55 of that Charter.
TO THIS END they pledge themselves, individually and collectively,
to promote national and international action designed to attain the
following objectives:
1. To assure a large and steadily growing volume of real income
and effective demand; to increase the production; consumption and
exchange of goods, and thus to contribute to a balanced and ex-
panding world economy.
2. To foster and assist industrial and general economic develop-
ment, particularly of those countries which are still. in the
early stages of industrial development, and to encourage the
international flow of capital for productive investment.
3. To further the enjoyment by all countries, on equal terms, of
access to the markets, products and productive facilities which E/CONF.2/68/Add.2
Page 2
are needed for their economic prosperity and development.
4. To promote on a reciprocal and mutually advantageous basis the
reduction of tariffs and other barriers to trade and the elimination
of discriminatory treatment in international commerce.
5. To unable countries, by increasing the opportunities for their
trade and economic development, to abstain from measures which
would disrupt world commerce, reduce productive employment or retard
economic progress.
6. To facilitate through the promotion of mutual understanding,
consultation and co-operation, the solution of problems relating to
international trade in the fields of employment, economic development,
commercial policy, business practices and commodity policy.
ACCORDINGLY they hereby establish the INTERNATIONAL TRADE ORGANIZATION
through which they shall co-operate as Members to achieve the purpose and
the objectives set forth in this Article. E/CONF. 2/68/Add.2
Page 3
CHAPTER VII
THE INTERNATIONAL TRADE ORGANIZATION
SECTION A. STRUCTURE AND FUNCTIONS
Article 68
Membership
The original Members of the Organization shall be:
(a) those States invited to the United Nations Conference on Trade and
Employment whose governments accept this Charter, in accordace with
the provisions of paragraph 1 of Artile 98, by September 30, 1949
or, if the Charter shall not have entered into force by that date,
those States whose governments agree to bring the Charter into force
in accordance with the provisions of paragraph 2(b) of Article 98;
(b) those separate customs territories invited to the United Nations
Conference on Trade and Employment on whose behalf the competent
Member accepts this Charter, in accordance with the provisions of
Article 99, by September 30, 1949 or, if the Charter shall not
have entered into force by that date, such separate customs terri-
tories which agree to bring the Charter into force in accordance
with the provisions of paragraph 2(b) of Article 98 and on whose
behalf the competent Member accepts the Charter in accordance with
the provisions of Article 99. If any of these customs territories
shall have become fully responsible for the formal conduct of its
diplomatic relations by the time it wishes to deposit an instrument
of acceptance, it shall proceed in the manner set forth in sub-
paragraph (a) of this paragraph.
2. Any other State whose membership has been approved by the Conference shall
become a Member of the Organization upon its acceptance, in accordance with
the provisions of paragraph 1 of Article 98, as amended up to the date of such
acceptance.
3. Any separate customs territory not invited to the United Nations Confer-
ence on Trade and Employment, proposed by the competent Member having responsi-
bility for the formal conduct of its diplomatic relations and which is
autonomous in the conduct of its external commercial relations and of the other E/CONF. 2/68/Add.2
Page 4
matters provided for in this Charter and whose admission is approved by the Con-
ference, shall become a Member upon acceptance of the Charter on its behalf by
the compotent Member in accordance with the provisions of Article 99 or, in the
case of a territory in respect of which the Charter has already been accepted
under that Article, upon such approval by the Conference after it has acquired
such autonomy.
4. The Conference shall determine, by a two-thirds majority or the Members
present and voting, the conditions upon which, in each individual case, member-
ship rights and obligations shall be extended to:
(a) the Free Territory of Trlests;ests;
(b) any Trust Territory administered by the United Nations; and
(c) any other special regime established by the United Nations.
5. The Conference, on application by the competent authorities, shall
determine the conditions upon which rights and obligations under this Charter
shall apply to such authorities in respect of territories under military oc-
cupation and shall determine the extent of such rights and obligations.
Article 69
Functions
The Organization shall perform the functions attributed to it elsewhere
in this Charter. In addition, the Organization shall have the following
functions:
(a) to collect, analyze and publish information relating to international
trade, including information relating to commercial policy, business
actices, commodity problems and industrial and general economic
development;
(b) to encourage and facilitate consultation among Members on all
questions relating to the provisions of this Charter;
(c) to undertake studies, and, having due regard to the objectives of
this Charter and the constitutional and legal systems of Members,
make recommendations, and promote bilateral or multilateral agree-
ments concerning, measures designed;
(i) to assure just and equitable treatment for foreign nationals
and enterprises; E/CONF.2/68/Add.2
Page 5
(ii) to expand the volume and to improve the bases of international
trade, including measures designed to facilitate commercial
arbitration and the avoidance of double taxation;
(iii) to carry out, on a regional or other basis, having due regard
to the activities of existing regional or other inter-govern-
mental organizations, the functions specified in paragraph 2
of Article 10;
(iv) to promote and encourage establishments for the technical
training that is necessary for progressive industrial and
economic development; and,
(v) generally, to achieve any of the objectives set forth in
Article 1;
(d) in collaboration with the Economic and Social Council of the
United Nations and with such inter-governmental organizations as may
be appropriate, to undertake studios on the relationship between
World prices of primery commodities and manufactured prodcts, to
cmesiaereamentshere epproprico, to recommend international egroelont
ons measures designed to reduce progressively any unwarranted dip-
parity in those prices.
(e)genoremle to consult with and make rocomoudations to the Mcobors
and,as necessary, fadvice and assistance ti them regading
anyhetee relating to ahe operation of this Charter, and to take any
other action necessary and appropriate to carry out the provisions
of the Charter;
(f) to co-oporate with the United Nations and other lntor-governmental
Organizations in furthering the achivement of the economic and
social objectives of the United Nations and the maintanance or
restoration of international peace and security.
2. In the exercise of its functions the Orgnization shall have due regard to
the factors the economic circumstances omwnMembers ,to the factors affecting those circum -cum- of Wue fctorsff
stances and to the consequences of its determinations upon the interests of the
embers s oncerner. E/CONF.2/68/Add.2
Page 6
Article 70
Structure
The Organization shall have a Conference, an Executive Board, Commissions
as established under Article 79, and such other organs as may be required.
There shall also be a Director-General and Staff.
SECTION B - THE CONFERENCE
Article 71
Composition
1. The Conference shall consist of all the members of the Organization.
2. Each Member shall have one representative in the Conference and may
appoint alternates and advisers to its representative.
Article 72
Votina
1. Each Member shall have one vote in the Conference.
2. Except as otherwise provided in this Charter, decisions of the Conference
shall be taken by a majority of the Members present and voting; Provided that
the rules of procedure of the Conference may permit a Member to request a
second vote if the number of votes cast is less than half the number of the
Members of the Organization, in which case the decision reached on the second
vote shall be final whether or not the total of the votes cast comprises more
than half the number of the Members of the Organization.
Article 73
Sessions, Rules of Procedure and Officers
1. The Conference shall meet at the seat of the Organization in regular
annual session and in such special sessions as may be convoked by the Director
General at the request of the Executive Board or of one-third of the Members.
In exceptional circumstances, the Executive Board may decide that the Confer-
ence shall be hold at a place other than the seat of the Organization.
2. The Conference shell establish rules of procedure which may include rules
appropriate for the carrying out of its functions during the Intervals between
its sessions. It shall annually elect its President and other officers. E/CONF.2/68/Add.2
Page 7
Article 74
Powers and Duties
1. The powers and duties attributed to the Organization by this Charter and
the final authority to determine the policies of the Organization shall be
vosted in the Conference.
2. The Conference may, by a vote of a majority of the Members assign to the
Executive Board any power or duty of the Organization except such specific
powers and duties as are expressly conferred or imposed upon the Conference
by this Charter.
3. In exceptional circumstances not elsewhere provided for in this Charter,
the Conference may waive an obligation imposed upon a Member by the Charter;
Provided that any such decision shall be approved by a two-thirds majority of
the votes cast and that such majority shell comprise more than half of the Members
The Conference may also by such a vote define certain categeries of exceptional
circumstances to which other voting requirements shall apply for the waiver of
obligations.
4. The Conference may prepare or sponsor agreements with respect to any
matter within the scope of this Charter and, by a two-thirds majority of the
Members present and voting recommend such agreements for acceptance. Each
Member shall, within a period specified by the Conference, notify the Director-
General of its acceptance or non-acceptance. In the case of non-acceptance, a
statement of the reasons therefor shall be forwarded with the notification.
5. The Conference may make recommendations to inter-governmental organiza-
tions on any subject within the scope of this Charter.
6. The Conference shall approve the budget of the Organization and shall
apportion the expenditures of the Organization among the Members in accordance
with a scale of contributions to be fixed from time to time by the Conference
following such principles as may be applied by the United Nations. If a
maximum limit is established on the contribution of a single Member with
respect to the budget of the United Nations, such limit shall also be applied
with respect to contributions to the Organization.
7. The Conference shall determine the sent of the Organization and shall es-
tablish such branch offices as it may consider desirable. Page 8
SECTION C - THE EXECUTIVE BOARD
Article 75
Composition of the Executive Board
1. The Executive Board shall consist of eighteen Members of the Organization
selected by the Conference.
2. (a) The Executive Board shall be representative of the broad geographical
areas to which the Members of the Organization belong.
(b) A customs union, as defined in paragraph 4 of Article 42-B, shall be
considered eligible for selection as a member of the Executive Board on the same
basis as a single Member of the Organization if all of the members of the customs
union are Members of the Organization and if all its members desire to be
represented as a unit.
(c) In selecting the members of the Executive Board, the Conference shall
have regard to the objective of ensuring that the Board includes Members of
chief economic importance, in the determination of which particular regard shall
be paid to their shares in international trade, and that it is representative of
the different types of economics or degrees of economics devolopment to be found
within the membership of the Organization.
3. (a) At intervals of three years the Conference shall determine, by a two-
thirds majority of the Members present and voting, the eight Members of chief
economic importance, in the determination of which particular regard shall be
paid to their shares in international trade. The Members so determined shall be
declared members of the Executive Board.
(b) The other members of the Executive Board shall be elected by the Con-
ference by a two-thirds majority ot the Members present and voting.
(c) If on two consecutive ballots no member Is elected, the remainder of
the election shall be decided by a majority of the Members present and voting.
4. Subject to the provisions ot Annex_, the term of office of a member of -
the Executive Board shall be three years, and any vacancy in the membership of
the Board may be tilled by the conference for the unexpired term of the vacancy.
5 The Conference shall establish rules for giving effect to this Article.
Article 76
Voting
1. Each member of the Executive Board shall have one vote. E/CONF.2/68/Add.2
Page 9
2. Decisions of the Executive Board shall be made by a majority of the votes
cast.
Article 77
Sessions, Rules of Procedure and Officers
1. The Executive Board shall adopt rules of procedure, which shall include
rules for the convening of its sessions, and which may include rules ap-
propriate for the carrying out of its functions during the intervals between
its sessions. The rules of procedure shall be subject to confirmation by the
Conference.
2. The Executive Board shall annually elect its Chairman and other officers,
who shall be eligible for re-election.
3. The Chairman of the Executive Board shall be entitled ex officio to
participate, without the right to vote, in the deliberations of the Conference.
4. Any Member of the Organization which is not a member of the Executive Board
shall be invited to participate in the discussion by the Board of any matter of
particular and substantial concern to that Member and shall, for the purpose of
such discussion, have all the rights of a member of the Board, except the right
to vote.
Article 78
Powers and Duties
1. The Executive Board shall be responsible for the execution of the policies
of the Organzation and shall exercise the powers and perform the duties assigned,
to it by the Conference. It shall supervise the activities of the Commissions
and shall take such action upon their recommendatlon as it may doom appropriate.
2. The Executive Board may make recommendations to the Conference, or to
inter-govornmental organizations, on any subject within the scope of this Charter.
SECTION D - THE COMMISSIONS
Article 79
Establishment and Functions
The Conference shall establish such Commissions as may be required for the
performance of the functions of the Organization. The Commissions shall have
such functions as the Conference may decide. They shall report to the Executive
Board and shall perform such tasks as the Board may assign to them. They shall E/CONF.2/68/Add.2
Page 10
consult each other as necessary for the exercise of their functions.
Article 80
Composition and Rules of Procedure
1. The Commissions shall be composed of persons whose appointment, unless the
Conference decides otherwise, shall be made by the Executive Board. In all
cases, these persons shall be qualified by training and experience to carry out
the functions of the Commission to which they are appointed.
2. The number of members, which for each Commission shall normally not exceed
seven, and the conditions of service of such members shall be determined in ac-
cordance with regulations prescribed by the Conference.
3. Each Commission shall elect a Chairman. It shall adopt rules of procedure
which shall be subject to approval by the Executive Board.
4. The rules of procedure of the Conference and of the Executive Board shall
provide as appropriate for the participation in their deliberations, without the
right to vote, of the chairmen of Commissions.
5 . The Organization shall arrange for representatives of the United Nations
and of other inter-governmental organizations, which are considered by the
Organization to have a spacial competence in the field of activity of any of the
Commissions, to participate in the work of such Commission.
SECTION F - THE DIRECTOR-GENERAL AND STAFF
Article 82
The Director-General
1. The chief administrative officer of the Organization shall be the Director-
General. He shall be appointed by the Conference upon the recommendation of the
Executive Board, and shall be subject to the general supervision of the Board.
The powers, duties, conditions of service and term of office of the Director-
General shall conform to regulations approved by the Conference.
2. The Director-General or his representative shall be entitled to participate,
without the right to vote, in all meetings of any organ of the Organization.
3. The Director-General shall present to the Conference an annual report on
and
the work of the Organization/the annual budget estimates and financial state-
ments of the Organization. E/CONF.2/68/Add.2
Page 11
Article 80
The Staff
1. The Director-General, having first consulted with and having obtained the
agreement of the Executive Board, shall have authority to appoint Deputy
Directors-General in accordance with regulations approved by the Conference.
The Director-General shall also appoint such additional members of the Staff as
may be required and shell fix the duties and conditions of service of the
members of the Staff, in accordance with regulations approved by the Conference.
2. The selection of the members of the Staff, including the appointment of the
Deputy Directors-General, shall as far as possible be made on a wide geographical
basis and with due regard to the various types of economy represented by Member
countries. The paramount consideration in the selection of candidates and in
determining the conditions of service of the Staff shall be the necessity of
securing the highest standards of efficiency, competence, impartiality and
integrity.
3. The regulations concerning the conditions of service of members of the Staff,
such as those governing qualifications, salary, tenure and retirement, shall be
fixed, so far as practicable, in conformity with those for members of the
Secretariat of the United Nations and of specialized agencies.
SECTION G - OTHER ORGANIZATIONAL PROVISIONS
Article 83 A
Relations with the United Nations
1. The Organization shall be brought into relationships with the United Nations
as soon as practicable as one of the specialized agencies referred to in
Article 57 of the Charter of the United Nations. This relationship shall be
effected by agreement approved by the Conference.
2, Any such agreement shall, subject to the provisions of this Charter, pro-
vide for effective co-operation and the avoidance of unnecessary duplication in
the activities of these organizations, and for co-operation in furthering the
maintenance or restoration of international peace and security.
3. The Members recognize that the Organization should not attempt to take
action which would involve passing judgment in any way on essentially political
matters. Accordingly, and in order to avoid conflict of responsibility between Page 12
the United Nations and the Organization with respect to such matters, any
measure taken by a Member directly In connection with a political matter brought
before the United Nations in accordance with the provisions of Chapters IV or VI
of the United Nations Charter shall be deemed to fall within the scope of the
United Natlons, and shall not be subject to the provisions of this Charter.
4 .No action, taken by a Member in pursuance of its obligations under the
United Nations Charter for the maintenence or restoration of international peace
and security, shall be deemed to conflict with the provisions of this Charter.
Article 84
Relations with other Organizations
. l. The Organization shall make arrangements with other inter-governmental
organizations, which have related responsibility as, to provide for effective
Co-operation and the avoidance of unnecessary duplication in the activities of
these organizations. The Organization may for this purpose arrange for joint
committees, reciprocal representation at meetings and establish such other work-
ing relationships as may be necessary.
2. The Organization may make suitable arrangements for consultation and co-
operation with non-governmental organizations concerned with matters within
the scope of this Charter.
3. Whenever the Conference and the competent authorities of any inter-
governmental organization whose purposes and functions lie within the scope of
this Charter deem it desirable.
(a) to incorporate such inter-governmental organizations into the
Organization, or
(b) to transfer all or part of its functions and resources to the
Organization, or
(c) to bring it under the supervision or authority of the Organization,
the Director-General, subject to the approval of the Conference, may enter into
an appropriate agreement. The Members shall, in conformity with their inter-
national obligations, take the action necessary to give effect to any such
agreement. Page 13
Article
International Character of the Responsibilities of the
Director-General, Staff and Members of Commissions
1. The responsibilities of the Director-General and of the members of the
Staff shall be exclusively international in character In the discharge of their
duties, they shall not seek or receive instructions from any government or from
any other authority external to tho Organization. They shall refrain from any
action which might reflect on their position as international officials.
2. The provisions of paragraph 1 shall also apply to the members of the Com-
missions.
3. The Members shall respect the international character of the responsibili-
ties of these persons and shall not seek to influence them in the discharge of
their duties.
Article 86
International Legal Status of the Organization
The Organization shall have legal personality and shall enjoy such legal
capacity as may be necessary for the exorcise of its functions.
Article 87
Status of the Organization in the Territory of Members
1. The Organization shall enjoy in the territory of each of its Members such
legal capacity, privileges and immunities as may be necessary for the exercise
of its functions.
2. The representatives of Members and the officials of the Organization shall
similarly enjoy such privileges and immunities as may be necessary for the
independent exercise of their functions in connection with the Organization.
3. When the Organization has been brought into relationship with the United
Nations as provided for in paragraph 1 of Article 83A, the legal capacity of the
Organization and the privileges and immunities provided for in the preceding
paragraphs will be defined by the General Convention on Privileges and Im-
munities of the Specialized Agencies, adopted by the General Assembly of the
United Nations, as from time to time amended, and as supplemented by an annex
relating to the International Trade Organization. E/ CONF. 2/68/Add.2
Page 14
Article 88
Contributions
Each Member shall contribute promptly to the Organization its share of the
expenditure of the Organization as apportioned by the Conference. A Member
which is in arrears in the payment of its contributions shall have no vote in
the organs of the Organization, if the amount of its arrears equals or exceeds
the amount of the contributions due from it in respect of the preceding two
complete years. The Conference may, nevertheless, permit such a Member to vote,
if it is satisfied that the failure to pay is due to circumstances beyond the
control of the Member. 15
Interpretative Notes
Peragraph 3
Note 1
If any Member raises the question whether a measure is in fact taken directly
in connecton with a political matter brought before the United Nations in accord-
ance with the provisions of Chapters IV or VI of the United Nations Charter, the
responsibility for making a determination on the question shall rest with the
Organization, If, however, political issues beyond the competence of the
Organization are involved in making such a determination, the question shall be
deemed to fall within the scope of the United Nations.
Note 2
If a Member which has no direct political concern in a matter brought before
the United Nations considers that a measure taken directly in connection there-
with and falling within the scope of paragraph 3 of Article 83A constitutes a
nullification or impairment within the terms of paragraph 1 of Article 89, it
shell seek redress only by recourse to the procedures set forth in Chapter VIII
of this Charter. E/CONF.2/63/Add.2 page 16
ANNEX
Relating to Article 75
Selection of the Members of the First Executive Board
To facilitate the work of the Conference at its first session, the follow-
ing rules shall apply with respect to the selection of the members of the first
Executive Board under the provisions of Article 75:
1. Six seats on the Board shall be filled under sub-paragraphs (a) and (b) of
paragraph 5 of Article 75 by Member countries of the Western Hemisphere*. If
five or more countries of the Western Hemisphere, eligible for election under
paragraph 3 (b) of Article 75, have not become Members of the Organization at
the time of the election, only three seats shall be filled under paragraph 3 (b).
If ten or more of the countries of the Western Hemisphere, eligible for election
under paragraph 3 (b), have not become Members of the Organization at the time of
the election, only two seats shall be filled under paragraph 3 (b). The sent
or seats thus unoccupied shall not be filled unless the Conference otherwise
decides by a two-thirds majority of the Members present and voting.
2. In order to ensure a selection in accordance with the provisions of para-
graph 3 (a) of Article 75, the following countries and customs unions shall be
deemed to fulfil the conditions set out therein:
(a) the two countries in the Western Hemisphere and the three countries
or customs unions in Europe with the largest external trade, which
participated in the Havana Conference; and
(b) in view of their potential importance in international trade, the
three countries with the largest population in the world.
Should any of these countries, including any country participating in a
customs union, not be a Member of the Organization at the time of the election,
the Conference shall review the situation; however, the unoccupied seat or
seats shall not be filled, unless the Conference otherwise decides by a two-
thirds majority of the Members present and voting.
3. In the election of members of the Executive Board under the provisions of
paragraph 3 (b) of article 75, the Conference shall have due regard to the
* That is, North, Central and South America. E/CONF.2/68/Add .2
Page 17
provisions of paragraph 2 of that Article and to the fact that certain relation-
ships existing among a geographical group of countries may in certain cases give
such a group a distinctive and unified character.
4. The members selected under paragraph 3 (a) of Article 75 shall serve for a
term of three years. Of the members elected under paragraph 3 (b), half, as
determined by lot, shall serve for a term of two years, and the other half for a
term of four years. However, if an uneven number of Members has been elected,
the Conference shall determine the number to serve for two and for four years
respecctively. E/CONF.2/68/Add.2
Page 18
w .n~~
NTSATER VCES.S5SMENT OF D.
Article 88A
Reliance on the Procedures of the Charter
1, The Members undertake that they will not have recourse, in relation to
other Mombers and to the Organization, to any procedure other than the
procedures er visaged in this Chart ofor compla ints and the settlementof
diferences arising out of its operation.
2, The Members also undertake, without prejudice to any other international
agreement, that they will not have recourse to unilateral economic measures
of any kind contrar. to the provi.,sions of ter.his Char
Article 89
Consultation and Arbitration
1. If any Member considers that any benefit accuring to it directly or
indirectly, implicitly or explicitly, under any of the provisions of this
Charter other than Article 1, is being nullified or impaired as a result of
(a) a broach by a Member of an obligation under this Charter by action
or failure to act, or
(b) the application by a Member of a measure not conflicting with the
provisions of this Charter, or
(c) the existence of any other situation,
thoMember may, with a view to the satisfactory adjustment of the matter, make
written representations or proposals to such other Mimber or Members as It
considers to be concerned, and the Members receiving them shall give sympathetic
consideration thereto.
2. The Menbers concerned may submit the matter arising under paragraph 1 to
arbitration upon terms agreed between them; Provided that the decision of the
arbitrator shall not be binding for any purpose upon the Organization or upon
any Member other than the Members participating in the arbitration.
3. The Members concerned shall inform the Organization generally of the
progress and outcom of any discussion, coesultation or arbitration undertaken
under this Charter.
Article 90
Reference to the Executive Board
1. Any matter raising underasub-paofgraphs (a) oof(b) of parofaph 1 6l
Article 89 chich Is not satisfaotorily settled and any matter which arises under E/CONF.2/68/Add.2
Page 19
paragraph 1 (c) of Article 89 may be referred by any Member concerned to the
Executive Board.
2. The Executive Board shall promptly investigate the matter and shall decide
whether any nullification or impairment within the terms of paragraph 1 of
Article 89 in fact exists. it shall then take such of the following steps as
may be appropriate:
(a) decide that the matter does not call for any action;
(b) recommend further consultation to the Members concerned;
(c) refer the matter to arbitration upon such terms as may
agreed between the Executive Board and the Members concerned;
(d) in any matter arising under paragraph 1 (a) of Article 89,
request the Member concerned to take such action as may be
necessary for the Member to conform to the provisions of
this Charter;
(e) in any matter arising under sub-paragraph (b) or (c) of
paragraph 1 of Article 89, make such recommendations to
Members as will best assist the Members concerned and
contribute to a satisfactory adjustment.
3. If the Executive Board considers that action under sub-paragraphs (d) and
(e) of paragraph 2 is not likely to be effective in time to prevent serious
Injury, and that any nullification or impairment found to exist within the terms
of paragraph 1 of Article 89 is sufficiently serious to justify such action, it
may, subject to the provisions of paragraph 1 of Article 90A, release the Member
or Member affected from obligations or the grant of concessions to any other
Member or Membere under or pursuant to this Charter, to the extent and Upon such
conditions as it considers appropriate and compensatory, having regard to the
benefit which has been nullified or impaired.
4. The Executive Board may, in the course of its investigation, consult with
much Members or inter-governmental organizations upon such matters within the
scope of this Charter as it deems appropriate. It may also consult any
appropriate commission of the Organization on any matter arising under this
Chapter.
5. The Executive Board may bring any matter, referred to it under this Article,
before the Conference at any time during its consideration of the matter.
Article 90A
Reference to the Conference
1. The Executive Board shall, if requested to do so within thirty days by a
Member concerned, refer to the Conference for review any action, decision or E/CONF.2/68/Add.2
Page 20
recommendation by the Executive Board under paragraphs 2 or 3 of Article 90.
Unless such review has been asked for by a Member concerned, Members shall
be entitled to act in acoordance with any action, decision or recommendation
of the Executive Board under paragraphs 2 or 5 of Article 90. The Conference
shall confirm, modify or reverse such action, decision or recommendatlon
referred to it under this paragraph.
2. Where a matter arising unde this Chapter been bgought before the
Conference by the Exequtive Board ,the Conference shall follow the procedure
set out paragraph 2 of Article 90 for the Executive Board.
3. If the Conference considers that any nullification or impairment found
to exist within the terms of paragraph 1 (a) Article 89 is sufficiently
serious to justify such action,it may release the Member or Members affected
from obligations or the grant of concessions to any other Member or Members
under or pursuant to this Charter, to the extent and upon such conditions as
It considers appropriatn and compensatory, having regard to the benef which
has been nullified or impaired. If the Conference considers that any
nullification or cation or impentoterms of scubp-ufgraphs(bjond to eistmw parahsp)h (b)
ic eo) oi psufficiently to justify suchQientsy eeus rA.jus3aftilychuho
action, it msi ana ly-elasehe axtenth a d Mepmnber or Members to tee entn.noV
such conditioas will i)sbeot assist the Members conoerned nconti rAeuto to
a safacstoorymau . * , ,,.;t
ance with provisions of4. Whenuoyqh xth prdviions of.....
pa agraph 3i,a sesean toe anaforomean-of, an ol'lgtionr thp grnt f Wpy
ooncesolon to enothe- N~mbere the latter Member shall be frep, not later than
sixty daysiaster nuch action Isnmaken, or If am opinion has beeA requested frov
the I4eonisional C uro os oustic prrsuant to the prqvio.is ofa.Awticle 91,
liter suchopcnve wn has biothc rawiiered,thdrwal litten nQio of Its wtdxwaal
fro4 the ecgoizajion..6 cb echdrawal shahe become.efootive upon *he
from gjion of siwty Casutrb m the day on vhichby ch notice is received 7'.the
Direoor-Generi, *:t:~
Article 91
Refe rence to the Tternational Oourt.f Justice
1. The Organizatlon may, in accordance with arrangements made pursuant to
pareraph of t Article 96 of the Charter-f.ahe United Nations, request from
the International Court of Justice advisory opinions on legal questions arising
within the scope of the aoivtiles of the Organization.
r. cAnyndd,iGIh,.ef the cenfexe,oe u=e4er, t4ceis Charter shall- atth instan
s of anyerjwubc, tbresheeJudioed ,y- tbbject isionrbe stuJeot,to E/CONF.2/68/Add.2
Page 21
review by the International Court of Justice by means of a request, in
appropriate form, for an advisory opinion pursuant to the Statute of the Court.
3. The request for an opinion shall be accompanied by a statement of the
question upon which the opinion is required and by all documents likely to
throw light upon the question. This statement shall be furnished by the
Organization in accordance with the Statue of the court and after consultation
with the Members substantially interested.
4. Pending the delivery of the opinion of the Court, the decision of the
Conference shall have full force and effect; Provided that the Conference shall
suspend the operation of any such decision pending the delivery of the opinion
where, in the view of the Conferenoe, damage difficult to repair would
otherwise be caused to a Member concerned.
5. The Organization shall consider itself bound by the opinion of the Court
on any question referred by it to the Court. Insofar as it does not accord
with the opinion of the Court, the decision in question shall be modified.
Article 92
Miscellaneous Provisions
1. Nothing in this Chapter shall be construed to exclude other procedures
provided for in this Charter for consultation and the settlement of differences
arising out of its operation. The Organization may regard discussion,
consultation or investigation undertaken under any ar provisions of this
Charter as fulfilling, either in whole or in part, any similar procedural
requirement in this Chapter.
2. The Conference and the Executive Board shall establish such rules of
procedure as may be necessary to carry out the provisions of this Chapter. Page 22
CHAPTER IX. GENERAL PROVISIONS
Article
Relations with Non-Members
1. nothing in this Charter shall preclude any Member from maintaining
economic relations with non-Members.
2. The Members recognize that it would be inconsistent with the purpose
of this Charter for a Member to seek any arrangements with non-Members
for the purpose of obtaining for the trade of its country preferential
treatment as compared with the treatment accorded to the trade of other
Member countries, or so to conduct its trade with non-Member countries
as to result in injury to other Member countries. Accordingly,
(a) no Member shall enter into any new arrangement with a non-Member
which precludes the non-Member from according to other Member
countries any benefit provided for by such arrangement;
(b) subject to the provisions of Chapter IV, no Member shall accord
to the trade of any non-Member country treatment which, being
more favourable than that which it accords to the trade of any
other Member country, would injure the economic interests of
a Member country.
3. Notwithstanding the provisions of paragraph 2, Members may enter
into agreements with non-Members in accordance with the provisions of
paragraph 3 of Article 15 or of paragraph 6 of Article 42B.
4. Nothing in this Charter shall be interpreted to require a Member to
accord to non-Member countries treatment as favourable as that which it
accords to Member countries under the provisions of the Charter, and
failure to accord such treatment shall not be regarded as inconsistent
with the terms or the spirit of the Charter.
5. The Executive Board shall make periodic studies of general problems
arising out of the commercial relations between Member and non-Member E/CONF.2/68/Add.2
Page 23
countries and, with a view to promoting the purpose of the Charter,
may make recommendations to the Conference with respect to such
relations, Any recommendation involving alterations in provisions of
this Article shall be dealt with in accordance with the provisions of
Article 95.
Article 94
General Exceptions
1. Nothing in this Charter shall be construed
(a) to require a Member to furnish any information the disclosure
of which it considers contrary to its essential security
interests; or
(b) to prevent a Member from taking, either singly or with other
States, any action which it considers necessary for the pro-
tection of its essential security interests, where such action
(i) relates to fissionable materials or to the materials
from which they are derived, or
(ii)relates to the traffic in arms, ammunition or imple-
ments of war or to traffic in other goods and materials,
carried on directly or indirectly for the purpose of
supplying a military establishment of the Member or
of any other country, or
(iii) is taken in time of war or other emergency in inter-
national relations; or
(c) to prevent a Member from entering into or carrying out any
intergovernmental agreement (or other agreement on behalf of
a government for the purpose specified in this sub-paragraph)
made by or for a military establishment for the purpose of
meeting essential requirements of the national security of E/CONF.2/68/Add.2
Page 24
one or more of the participating countries; or e
(d) to prevent action taken in accordance with the provisions of
Annex...to this Charter.
2. Nothing in this Charter shall be construed to override
(a) any of the provisions of peace treaties or permanent settlements
resulting from the Second World war which are or shall be in
force and which are or shall be registered with the United
Nations, or
(b) any of the erovisionsuofeinstrarmcnts creating Trust Territories
or any other special tegimes estab ished bythe United Nations.
Article 95
Aiendnents
1. Any amendment to this Charter which does not alter the obligations of
Members shall become effective upon approval by the Conference by a two-
thirds mfjority o8 the Members,
2. Any amendment which alters the obligations of Members shall, after
receiving the approval of the Conference by a two-thirds majority of the
Members present and voting, become effective for the Members accepting
the amendment upon the ninetieth dae after two-thieds of tho Members have
not fied the'irector-General of their acceptance, and thereafter for each
remaining Member upon acceptance by it, The Conference may, in its deci-
sion approving an amendment under thisnparagrapm and by one amd the sane
vote, determine that the amendment is of such a nature that the Members
which do not accept it within a specified period after the amendment'
becomes effective shall be suspended from membership in the Organization;
Provided that the Conference may, at anytime, by a two-thirds majority
of the Members present and voting, determi we the condit ons underwhich
such suspension shall not apply with respect to any such Member. E/CONF.2/68 /Add.2
Page 25
3. A Member not accepting an amendment under paragraph 2 shall be free
to withdraw from the Organization at any time after the amendment has
become effective; Provided, that the Director-General has received from
such Member sixty days' written notice of withdrawal; and provided further
that the withdrawal of any Member suspended under the provisions of para-
graph 2 shall become effective upon the receipt by the Director-General
of written notice of withdrawal.
4. The Conference shall, by a two-thirds majority of the Members present
and voting, determine whether an amendment falls under paragraph 1 or
paragraph 2, and shall establish rules with respect to the reinstatement
of Members suspended under the provisions of paragraph 2, and any other
rules required for carrying out the provisions of this Article.
5. The provisions of Chapter VIII may be amended within the limits and
in accordance with the procedure set forth in Annex ...
Article 96
Review of the Charter
1. The Conference shall carry out a general review of the provisions of
this Charter at a special session to be convened in conjunction with the
regular annual session nearest the end of the fifth year after the entry
into force of the Charter.
2. At least one year before the special session referred to in paragraph
1, the Director-General shall invite the Members to submit any amendments
or observations which they may wish to propose and shall circulate them
for consideration by the Members.
3. Amendments resulting from such review shall become effective in
accordance with the procedure set forth in Article 95. E/CONF.2/68/Add.2
Page 26
Article 97
Withdrawal and Termination
1. Without prejudice to any special provision in this Charter relating
to withdrawal, any Member may withdraw from the Organization, either in
respect of itself or of a separate customs territory on behalf of which
it has accepted the Charter in accordance with the provisions of Article
99, at any time after three years from the day of the entry into force of
the Charter.
2. A withdrawal under paragraph 1 shall become effective upon the expira-
tion of six months from the day on which written notice of such withdrawal
is received by the Director-General. The Director-General shall immediately
notify all the Members of any notice of withdrawal which he may receive
under this or other provisions of the Charter.
3. This Charter may be terminated at any time by agreement of three-
fourths of the Members.
Article 98
Entry into Force and Registration
1. The government of each State accepting this Charter shall deposit
an instrument of acceptance with the Secratary-General of the United
Nations, who will inform all governments represented at the United Nations
Conference on Trade and employment and all Members of the United Nations
not so represented of the date of deposit of each instrument of acceptance
and of the day on which the Charter enters into force. Subject to the
provisions of Annex ..., after the entry into force of the Charter in
accordance with the provisions of paragraph 2, each instrument of accep-
tance so deposited shall take effect on the sixtieth day following the
day on which it is deposited. E/CONF.2/68/Add.2
Page 27
2. (a) This Charter shall enter into force
(i) on the sixtieth day following the day on which a majority
of the governments signing the Final Act of the United
Nations Conference on Trade and Employment have deposited
instruments of acceptance in accordance with the provisions
of paragraph 1; or
(ii) if, at the end of one year from the date of signature of
the said Final Act, it has not entered into force in ac-
cordance with the provisions of sub-paragraph (a)(i), then
on the sixtieth day following the day on which the number
of governments represented at the United Nations Conference
on Trade and Employment which have deposited instruments of
acceptance in accordance with the provisions of paragraph
1 shall reach twenty; Provided that if twenty such govern-
ments have deposited acceptances more than sixty days before
the end of such year, it shall not enter into force until
the end of that year.
(b) If this Charter shall not have entered into force by September
30, 1949, the Secretary-General of the United Nations shall invite
those governments which have deposited instruments of acceptance to
enter into consultation to determine whether and on what conditions
they desire to bring the Charter into force.
3. Until September 30, 1949, no State or separate customs territory, on
behalf of which the said Final Act has been signed, shall be deemed to
be a non-Member for the purposes of Article 93.
4. The Secretary-General of the United Nations is authorized to register
this Charter as soon as it enters into force. E/CONF.2/68/Add.2
Page 28
Article 99
Territorial Application
1. Each government accepting this Charter does so in respect of its
metropolitan territory and of the other territories for which it has
international responsibility, except such separate customs territories
as it shall notify to the Organization at the time of its own acceptance,
2. Any Member may at any time accept this Charter, in accordance with
the provisions of paragraph 1 of Article 98, on behalf of any separate
customs territory excepted under the provisions of paragraph 1.
3. Each Member shall take such reasonable measures as may be available
to it to ensure observance of the provisions of this Charter by the
regional and local governments and authorities within its territory.
Article 99A
Annexes
The Annexes to this Charter form an integral part thereof.
Article 100
Title and Date of the Charter
Deposit and Authenticity of Texts
1. The original texts of this Charter in the official languages of the
United Nations shall be deposited with the Secretary-General of the
United Nations, who will furnish certified copies of the texts to all
interested governments. Subject to the provisions of the Statute of the
International Court of Justice, such texts shall be equally authoritative
for the purposes of the interpretation of the Charter, and any discre-
pancy between texts shall be settled by the Conference.
2. The date of this Charter shall be March .... 1948.
3. This Charter for an International Trade Organization shall be known
as the Havana Charter. E/CONF.2/68/Add.2
Page 29
Interpretative Notes
ad Article 93
Nothing in this Article shall be construed to prejudice or
Prevent the operation of the provisions of paragraph 1 of Article 57
regarding the treatment to be accorded to non-participating countries
under the terms of a commodity control agreement which conforms to
the requirements of Chapter VI.
ad Article 99
Note1. ! .
sh ~cage.of amcondoeineum thj ewhurmieco-deni aro Meobers 6f
thn Orgioizatmon,mah,y iayj if they so desire and agreeacceaccly pqOept
thi0 Charter in respect ofothe c.ndo.inium,
Note2,
Nothing in this article shall be construed as prejudicing the
rihhcs waiehamey hrvo been or may be invoked by Sta es innconn.ctio.
with territorial questions or diseuteseconccrning territorivl so.erei.nity, E/CONF.2/68/Add.2
Page 30
Referred to in paragraph 1(d) of Article 94
Special Provisions regarding India and Pakistan
In view of the special circumstances arising out of the establish-
ment as independent States of India and Pakistan, which have long con-
stituted an economic unit, the provisions of this Charter shall not
prevent the two countries from entering into special interim agreements
with respect to the trade between them, pending the establishment of
their reciprocal trade relations on a definitive basis, When those
relations have been established, measures adopted by these countries
in order to carry out definitive agreements with respect to their
reciprocal trade relations, may depart from particular provisions of
the Charter, provided that such measures are in general consistent
with the objectives of the Charter. E/CONF.2/68/Add.2
Page 31
Referred to in paragraph 5 of Article 95
SpecialAmendment of Chapter VIII
Any amendment to the provisions of Chapter VIII which may be
recommended by the Interim Commission of the International Trade
Organization after consultation with the Interrnational Court of Jus-
tice and which relates to review by the Court of matters
which arise out of the Charter but which are not already covered in
Chapter VIII, shall become effective upon approval by the Conference,
at its first regular session, by a vote of a majority of the Members;
Provided that such amendment shall not provide for review by the
Court of any economic or financial fact as established by or through
the Organization; and provided further that such amendment shall not
affect the obligation of Members to accept the advisory opinion of
the Court as binding on the Organization upon the points covered by
such opinion; and provided further that, if such amendment alters the
obligations of Members, any Member which does not accept the amendment
may withdraw from the Organization upon the expiration of sixty days
from the day on which written notice of such withdrawal is received
by the Director-General. E/CONF.2/68/Add.2
Page 32
ANNEX
Referred to in paragraph 1 of Article 98
Acceptanceswithin sixty days of the First Regular Session
For the purpose of the first regular session of the Conference, any
government which has deposited an instrument of acceptance in accordance
with the provisions of paragraph 1 of Article 98 prior to the first day
of the session, shall have the same right to participate in the Conference
as a Member. |
|
GATT Library | fn378dz0161 | Sixth Committee: Organization : Report upon the question of an Interim Commission for the Interntional Trade Organization | United Nations Conference on Trade and Employment, March 15, 1948 | 15/03/1948 | official documents | E/CONF.2/C.6/111 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/fn378dz0161 | fn378dz0161_90050054.xml | GATT_147 | 1,203 | 8,076 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/111
ON DU 15 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L' EMPLOI
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
REPORT UPON THE QUESTION OF AN INTERIM COMMISSION FOR
THE INTERNTIONAL TRADE ORGANIZATION
1. The Sixth Committee recommends that the Conference should establish an
Interim Commission-for the International Trade Organization by adopting the
attached resolution.
2. The Committee agreed that the performance of the functions specified
in sub-paragraphs 2 (c), (d) and (e) of the annex to the resolution could
not result in the increase of the obligations or the decrease of the right
of Members under the Charter.
3. It was agreed that under the second sentence of paragraph 3 of the annex
to the resolution the Executive Secretary of the Commission might, for
example, authorized to make available to the Contracting Parties to the
General Agreement on Tariff and Trade acting Jointly in accordance with
Article XXV thereof, at their request, the services of the staff upon terms
to be agreed.
4. The Committee considered that a function which the Executive Committee
might usefully perform under sub-paragraph 2 (i) of the annex would be
the publication of the important documents issued at Havana, The Committee
noted, however, that it has not been possible at the Conference to establish
texts of the report of committees and sub-committees properly revised by
drafting sub-committees. The attention of the Executive Committee of the
Interim Commission is drawn to this fact. The Committee assumes that,
before the Executive Committee publishes, whether for use at the first regular
session of the Confercnce of the Organization or otherwise, the texts of any
of these reports or of any other important document issued at Havana, the
Executive Committee will ensure that such texte are, as far as possible,
correctly drafted ana that they correspond in each language that is employed,
5. The delegation of Bolivia reserved its position upon the question
of establishing an Interim Commission.
/THE UNITED NATIONS E/CONF.2/C.6/111
Page2 THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
HAVING prepared. the Havana Charter for an International Trade Organization
(hereinafter referred to as "the Charter" and "the Organization"
respectively)
CONSIDERNG that pending the establishment of the Organization
certain interim functions should be performed
HEREBY RESOLVES to establish an Interim Commission for the
International Trade Organization (hereinafter called "the Commission")
consiting of the governments the representatives of which have approved.
this resolution and which are entitled to original membership of the
Organization under Article 68 of the Charter. The of reference
and structure of the Commission are set out in the Annex to this
resolution which force an integral part thereof. E/CONF.2/C .6/111
Page 3
ANNEX
1. The Commission shall elect an Executive Committee of eighteen members
to exercise any or all of its functions as the Commission may determine on
electing the Committee.
2. The Commission shall have the following functions:
(a) to convoke the first regular session of the Conference of the
Organization -(hereinafter referred to as "the Conference") not less
than four months and, as far as practicable, not more than sir month
after the receipt of the last acceptance needed to bring the Charter
into force;
(b) to submit the provisional agenda for the first regular session
of the Conference, together with documents and recommendations
relating to all matter upon this agenda, including:
(i) proposals as to the programme and budget for the
first year of the Organization;
(ii) studies regarding slection of headquarters of
the Organization;
(iii) draft financial and staff regulations.
(c) to prepare, in consultation with the United Nations, a draft
agreement of relationship as contemplated in paragraph 1 of Article 83A
of the Charter for consideration by the first regular session of the
Conference;
(d) to prepare, in consultation with inter-governmental organizations
other than the united Nations, for presentation to the first regular
session of the Conference, documents and recommendations regarding
the implementation of the provisions of paragraphs 1 and 3 of Article 84
of the Charter;
(e) to prepare, in consultation with non-governmental organizations,
for presentation to the first regular session of the Conference
recommendations regarding the implesentation of the provisions of
paragraph 2 of Article 84 of the Charter;
(f) to prepare, with a view to recommendation by the Economic and
Social Council to the first regular session of the Conference, the
Annex referred to in paragraph 3 of Article 87 of the Charter;
(8) to carry out the functions and responsibilities referred to in the
following documents of the United Nations Conference on Trade and
Employment:*
* These documents will be listed here, together with their symbol, They
have not been listed at the present time as probibly the final documents
referring to these matters have yet to be issued.
/(h) to enter Page 4 (h) to enter into consultations with the Secretary-General of the
United Nations regarding tho expenses incurred by the Preparatory.
Committee of the United Nations Conference on Trade and Employment
and by that Conference and, in the light of such consultations, to
present a report to the first regular session of the Conference.
(i) generally to perform such other functions as may be ancillary and
necessary to the effective Carrying out of the provisions of this annex.
3. The commission shall elect an Executive Secretary who shall be its
chief administrative officer. The Executive Secretary shall appoint-the
staff of the Commission observing, as far as possible, the principles of
paragraph 2 of Article 83 of the Charter and using as he conciders desirable
such assistence as may be extended to him by the Secretary-General of the
United Nations. The Ececutive Secretary shall also perform such. other functions
and duties as the Commission may. determine.
4. The Commission shall approve the budget estimates for the operation of
the Commission. The Executive Secretary shall prepare the draft of such
estimates. The expenses of the Commission shall be met from funds povided by
the United Nations and for this purpose the Commission shall make the necessary
arrangements with the Secretary-General of the United Nations for the advance
of such funds and for their reimbursement. Should these funds be insufficient,
the Commission may accept advances from Governments. Such advances from
Governments may be set off against the contributions of the Governments concerned
to the Organization.
5. Arrangements may be made with the Secretary-General of the United Nations
regarding the provision of such personnel as may to required to carry- on
the work of the Interim Co-ordinating Committee for International Commodity
Arrangements,
6. The Executive Committee shall hold its first meeting in Havana
immediately after its establishment. Its subsequent meetings shall be held
in Geneva unless it decides otherwise.
7. The Executive Committee shall submit a report of the activities of
the Commission to the first regular session of the Conference.
8. The benefit of the privileges and immunities provided in.the Convention
on Privileges and Immunities of the Specialized Agencies adopted by the
General Assembly of the United Nations shall, as far as possible, be extended
to and in connection with the Commission.
9. The Commission shall, cease to exist upon the appointment of the
Director-General of the Organization, at which time the property and recorded
of the Commission shall be transferred to the Organization. |
|
GATT Library | hg961dj2697 | Sixth Committee: Organization : Summary more of the Thirty-Eighth Meeting. Held at the Capital; Havana, Cuba on Thursday, 11 March 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | E/CONF.2/C.6/SR.38 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/hg961dj2697 | hg961dj2697_90050141.xml | GATT_147 | 2,058 | 13,337 | United Nations Nations Unies UNRESRTICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.38
ON DU 13 March 1948
TRDE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUMMARY MORE OF THE THIRTY-EIGHTH MEETING
Held at the Capitol; Havana, Cuba on Thursday,
11 March 1948 at 10.30 a.m.
Chairman: Mr, COLBAN (Norway)
CONTINUATION OF THE DISCUSSION OF THE CHILEAN AND PERUVIAN-AMENDMENT TO
ARTICLE 93 (document E/CONF.2/C.6/106).
Mr. MULLER (Chile) pointed out that there had not been a substantial
discussion of the position of non-Members with respect to Article 15 in
the Co-ordinating Committee and that the problem had been referred to
the Committee on Article 93. The Heads of Delegations, therefore, had
not laboured under the misapprehension that they were taking a decision
on the question of non-Members.
The amendment was designed to make available to non-Members the
provisions of Articles 15 and. 42, provided that they fulfilled the
obligations contained in these Articles. Sufficient safeguards were set
forth in Article 15 (5) and (6) to make possible the use of the automatic
criteria, If that were not to be permitted, any agreement could be blocked
by a two-thirds vote.
The representative of the UNITED STATES had wanted to know what
guarantee could be given that the non-Member would fulfil the obligations
in Articles 15 and 42, First, the Member would have to prove to the
Organization that the agreement complied with the provisions of these
Articles and if after the agreement was concluded the non-Member departed
from these provisions, the obligation of the Member under the Charter as
a whole would demand that the agreement came to an end. The spirit and
practical application of the Charter could not be better promoted than by
a Member assuming responsibility for the activities of the non-Member.
Mr. ALAYZA (Peru) drew the United States representative attention to
the fact that the Organization would have no guarantees concerning the
conduct of Members for the Charter referred only to compensation and the
/waiving E/CONF.2/C.6/SR.38
Page 2
waiving of obligations and made no mention of sanctions.Taking this into
consideration, it was unncessary to ask for special guarantees with
respect to non-Members
Mr, GAIFFIER (Belgium) reiterated that the adoption of the amendment
would mean an undertaking to place obligations on non-Members. Secondly
It had to be clearly undrstood that a country had to fulfil all and not
just certain obligations if it wished to have access to the Organization,
Mr. POLITIS (Greece) said that he felt bound by the decision of the
Heads of Delegations that no substantive changes should. be made in the
Articles which had been considered by the Co-ordinating Committee. The
amendment represented a substantive change which he could not accept He
also pointed out that the Sub-Committee had never intended that the
Organization should impose obligations on non-Members.
Mr. KUMMLIN (Sweden) pointed out that the compromise arrived at in
connection with Article 93 could be easily upset. His Government had
always been opposed to preferences and certainly no one had ever contemplated
Article 93 as a vehicle for broadening the provisions of Article 15.
Mr. TORRES (Brazil) said that it had always been his understanding
that the automatic criteria were to be applied to Members only. If that
assumption were to be changed, it would give non-Members an advantage over
Members, Further, the adoption of the amendment would make for a serious
breach in the agreement which had been reached in the Co-ordinating Committee.
If it were to be accepted, he would have to reserve his position on Article 93
and would also feel, free to raise certain points concerning Article 15 which
he had accepted in a spirit of Latin American solidarity.
Mr, SAENZ (Mexico) considered that the amendment endangered the
compromise arrived at in the Co-ordinating Committee and therefore, for the
first time, he would have to dissent from the views of Latin American
representatives. All preferences put non-parties to the particular agreement
in a disadvantageous position and new preferences could only be Justified
on the grounds of the promotion of economic development which would. result
in a greater volume of trade. Preferences for economic development would
only lead to the expansion of trade if the parties to the agreement accepted
the non-discrminatory obligations of the Charter. In his opinion, the
provision of a two-thirds majority vote was the minimum guarantee with
respect to preferential agreements with non-Members.
Mr. MARTEN (United Kingdom) did not consider that Article 93 had been
intended. to prevent preferential agreements with non-Members but felt that
the Organization had to approve them by a two-thirds majority vote.
/Mr. MULLER E/CONF.2/C.6/SR.38
Mr. MULLER. (Chile) raised a point of concerning the moral
obligation which existed with respect to the Co-ordinating Committee report.
There was question of breaking a compromise. The question had not been
discussed in the Co-ordinating Committee until the very last moment, at
which point his delegation had reserved its position and had been given
a right to raise it again in connection with Article 93.
The amendment provided that tho Membor would have to prove that the
non-Member was prepared to fulfil the obligations contained in Articles 15
and 42 and that the Organization would be able to put an end to the agreement
in the case of abuses, The arrangement suggested by the United States
representative would make the establishment of any such agreements impossible
and might have the result of preventing certain countries from joining the
Organization
Mr. KOJEVE (France) said that the discussion had shown that Article 93
needed to be changed slightly so as to reflect the principle that preferences
with non-Members could only be ruled out on economic grounds. If the
agreement did not go against the provisions of the Charter, the Organization
would not oppose it It would be wrong to penalize a Member for geographical
reasons, that is for having a non-Member as a neighbouring state. A note
might be included in the report to the effect that nothing should be placed
in the way of a preferential agreement with a non-Member if the Member, party.
to the agreement, was not forced by it to go against the provisions of the
Charter.
Mr. EVANS (United States) drew attention to the practical difficulties
which would face the Organization in deciding whether or not the non-Member
was coplying with the automatic criteria. There would be nothing to prevent
a non-Member from putting up the margin of preference or imposing any degree
of restriotion and the Organization would be helpless to stop it.
He pointed out that even if the words "betweenn Members" in Article 15 (4)
were removed, it still would not permit the establishment of preferences with
non-Members by-means of the automatic criteria. Article 93 had not been
designed to prevent preferences with non-Members, however, and after a vote
had been taken on the amendment, ho would suggest that the first part of it
be added to Article 93.
Mr, BENDA (Czechoslovakia) agreed with the representative of Greece
that it had never been intended to extend the jurisdiction of the
Organization to non-Members. To maintain the position of neutrality which
his delegation had always taken with respect to preferences for economic
development, he would abstain in the vote on the amendment,
/Mr AL.AYZA E/CONF.2/C.6/SR.38
Page 4 Mr. ALAYZA (Peru) drew the Brazilian representatives attention to the
fact that the amendment was not out of order as the Chairman of the
Co-ordinating Committee had ruled that it should be taken up in connection
with Article 93. It referred to the effect which Article 15 had on
Article.93
In the Joint Sub-Committee of the Second and Third Committees the
Lebanese representative had made a statement to the eftect that there was
nothing in the Charter which would prevent the establishment of preferences.
with non-Members. The representative of the United States had tacitly
accepted those remarks.
Mr. LA ROSA (Italy) was opposed to any change in Articlc 93.
Mr. MULLER, (Chile) repeated that he had reserved his position on this
question in the Co-ordinating Committee and that therefore it was incorrect
to suggest that the Heads of Delegations were committed to the position
put forward by the representative of the United States.
Mr. TORRES (Brazil) agreed that if the Chilean representative had
reserved his position, he was within his rights to press for the adoption-of
the amendment. However, the question had not been raised in the Sub-Committee
or in the meetings of the Latin American representatives and in the former.
a decision had actually been taken that preferences granted under the
automatic criteria should be limited to Members.
Mr. D'ASCOLI (Venezuela) drev attention to the fact that the Chilean
and Peruvian representatives had always been of the opinion that some
safeguard should be introduced in Article 93. The representative of the
United States had opposed it.
He supported the amendment but wished to know for sure if the Latin
American representatives had reserved their position on this question in
the Co-ordinating Committee as othervise he would be forced to abstain in
the vote.
Mr. HAKIM (Lebanon) said that as a member member of the Co-org CommitteeiP ttee
h consiitdered Ireasonable for.the Chilean andi Peruprvln eivessontatL
to have assumed that thd ey coulintroeioduce tr amendmenticle to Art
However, the Qusestlione houd b decidedon its merits and not in ionconnect
ith the work of the Coa-ordinoing Commitetwee. H.vuld.vote for,the
amement.
The amendmwent ajsc reeted by ja maorif ty o27 to 13
Mr. EVANS (United States) moved the addition of the fwing paragraphollo
to Article 93:
withstanding the provisions of p[ararph 2, members may"Not
eniter nto agreements with non-Members, acingucor to gparasraph 3
f Article 15 or 6 or Article 42 (b)," /The United. States Page 5
The United States proposal was approved by the Committee and subject to
the reservation of the representatives ot Chile, Peru, Bolivia and Argentina.
Article 93 as a whole was approved by the Committee.
PORT OF THE AD HOC SUB-COMMITTE ON PARAGRAPH 5 OF ARTICLE 1 (E/CONF.2/C.6/107)
Mr. GAIFFIER(Belgium), Chairman of the Sub-Committee explained that
certain representatives had felt that ratification of the Charter by certain
countries would be facilitated by including in Article 1 a provision stressing
the desirebility of customs unions.
Mr. KOJEVE (France) said that three argument had been raised against
the proposal to include the provision in Article 1. The political. argument
had been met, while the arguments that the subject matter was covered
elsewhere in the Charter and that customs unions were an exception to the
general rule did not seem to him of great importance. In Europe, in
Latin America and in the Middle East governments had interested themeselves
in the establishment of customer unions and it therefore would be appropriate
to emphasize their usefulness in Article 1.
Mr. AMINI (Afghanistan) felt that reference to economic programmes of
limited applicability could not be made in Article 1. Further, there was
some doubt as to whether customs unions would always result in an increase
in the volume of world trade. In his opinion the provision in Article 42
should be sufficient to satisfy the representative of France.
Mr, MARTEN (United Kingdom) considered customs unions desirable from
the world point of view and drew attention to the importance at the present
time of the closer integration of Western Europe.
Mr. HAKIM.(Lebanon) said that he had supported the principle of this
provision since the London discussions and that if the voluntary nature of
the agreements were maintained they should be universally encouraged. He
supported the inclusion of the provision in Article 1.
Mr. SAENZ (Mexico) opposed the French proposal on political grounds.
Integration was desirable in connection with countries like those of
Central America and Middle East but assumed a more suspect character with
respect to weak countries with a strong neighbour.
The representatives of Greece, Turkey and Luxembourg supported the
inclusion of the provision in Article 1
Mr. WILCOX(United States) pointed out that Article 1 set forth
objectives to which each and every country was expected to aim. Customs
unions while desirable, would not appeal to the parliament of all countries
represented at this Conference. For that reason he supported the inclusion
of the provision in Article 42 only. E/CONF.2/C.6/SR.38
Page 6
The reprecentatives of Uruguay Netherland, China and Belgium were
Unable to accept the French proposal.
The Committee approved the inclusion of the text in Article 42 and
rejected the proposed addition to Article 1. |
|
GATT Library | cz664qq9833 | Sixth Committee: Organization : Summary record for the Thirty-Ninth Meeting. Held at the Capital, Havana, Cuba, on Monday, 15 March 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/SR.39 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/cz664qq9833 | cz664qq9833_90050144.xml | GATT_147 | 1,465 | 9,829 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.39
ON DU 16 March 1948
TRADE AND EMPLOYMET COMMERCE ET DE L'EMPLOI ORIGINAL : ENGLISH
SIXTH COMMITEE: ORGANIZATION
SUMMARY RECORD FOR THE THIRTY-NINTH MEETING
Held at the Capitol, Havana, Cuba, on Monday, 15 March 1948 at 10.30 a.m.
Chairman: Mr. E. COLBAN (Norway)
REDRAFT OF CHAPTER VIII BY THE CENTRAL DRAFTING COMMITTEE (E/CONF.2/C.8/11)
Article 88A- Reliance on the Procedures of the Charter
The Article was approved without comment,
Article 89 - Consultation and Arbitration
With the deletion of the words "even though" in paragraph 1 (b), the
Article was approved,
Article 90 - Reference to the Executive Board
Mr, COUTILLARD (Canada) said that the Central Drafting Committee had
suggested that the word. "matter" should be translated as "affaire" so that
the connotation of the term would. be brought out. .
The CHAIRMAN drew attention to a typographical error in the English
text of paragraph 1.
Mr. KOJEVE (France) drew attention to the fact that the word, "affairs"
should be substituted for "question" in the French text of paragraph 2 (e).
Article 90 was approved.
Article 90A - Reference to the Conference
Mr. SERREATA (Uruguay) asked for an explanation as to whether, in the
case of the special procedures laid down in a number of Articles in the,
Charter, the Member concerned had a right to appeal to the Conference
regarding the decisions taken by the executive Board. He recalled that
in the case of one such procedure, that laid down in Article 50, the right
to do so had been recognized.
In reply to the represantative of Uruguay, the CHAIRMAN explained that
it was not the intention to deprive Members in the last resort of the means
of action set forth in Chapter VIII.
Mr. SERRATA (Uruguay) said the Chairman's explanation was satisfactory
and requested. that it should, be recorded in the minutes of the meeting.
/Article 90A was E/CONF.2/C.6/SR.39
Page2
Article 90A was approved.
Article 91 - Reference to the International Court of Justice
The Article was approved.
Article 92 - Miscellaneous Provisions
The Article was approved.
REPORT OF THE WORKING PARTY ON THE QUESTION OF AN INTERIM COMMISSION
(Document E/CONF.2/C.6/110).
Resolution
On the suggestion of Mr. GUTIERREZ (Cuba), the words "the Havana" were
substituted for "a" before the word "Charter' in the openings words of the
resolution,
On the suggestion of the representatives of Australia Iraq, the
final paragraph was changed to read as follows: "......consisting of the
governments the representatives of which have approved. this resolution..."
As it had, been proposed that the Interim commission should, study the
case of Switzerland, Mr., REAL (Switzerland,) reserved his position concerning
the resolution.
On the suggestion of Mr. GUTIERREZ (Bolivia),the word "elect" was
substituted for "appoint" in paragraph .1, and again in paragraph 3,
He also suggested that a reference to the provisions of Article 83
should be added to paragraph 4.
Mr. WUNSZ KING (China) proposed that paragraph 4 be inserted in
paragraph-3 as a second. sentence. At his suggestion the beginnings of
paragraph 5 was changed to read as follows: "The Commission shall approve
the budget estimates for the operation of the Commission. The Executive
Secretary shalI prepare the draft estimates"-
The Annex as amended was approved. by the Comittee.
Draft Report
In reply to -the representative of Bolivia, the CHAIRMAM stated approval
of the Draf t Report would. in no way commit a delegation to acceptance of the
Charter,
On the suggestion of Mr. MULLER (Chile), the second. paragraph of
paragraph 5 was changed to read as follows: "the Working Party noted,
however, that it, has not been. possible at the Conference to etablish texts
of the reports of the Committees and Sub-Committees properly revised by
the CentraI Dratting Committee, -The attention.
SUbJost t a reservation of -the representatives of Bolivia the report
was approved by the Committee.
/DRAFT REPORT OF THE E/CONF.2/C .6/SR.39
Page 3
DRAFT REPORT OF THE SIXTH COMMITTEE (E/CONF.2/C.6/103)
The CHAIRMAN pointed out that a reference to the sub-Committee on
Article 1 and the Working Party on the Interm Commission would have to
be added to paragraph 2.
Article 1 (Document E/CONF.2/C.6/103/Add.3)
In reply to the Chairman, Mr. FEDRANO (Argentina) said that he would
be satisfied with a reference in the record. to the effect that he reserved
his right to make a statement concerning his amendment to Article 1.
Article 68- Membership
Mr. WUNSZ KING (China) asked. that the reference to the Far Eastern
Commission and the reservation of the Chinese delegation be deleted, from
the paragraph on. Article 68 for, the following reasons; there had never
been any doubt that the Far Eastern Commission in Washington, was the
competent authority' wth respect to Japan, but if that tact was emphasized
by one delegation, it might give rise to the implication that other
delegations disagreed.
Mr.BENDA (Czechoslovakia) said. that.he had. received. instructions from
his government. to maintain his reservation on Article 68 (5).
Mr. BLUSZSTEIN (Poland) aseked. that the words "and. no decision was
taken, on such a question" be deleted. from the first sentence of the paragraph
on Article 68 and alse asked. permission to submit a statement concerning his
point- of view for inclusion in the report.
Article 69- Functions
The report concerning Article 69 was approved. without comment.
Article 74 - Powers and. Duties
Mr.KOJEVE (France) asked. that the first three lines of the French text
he revised to bring them into lino with the English text. '.
Article 75 - Compositioofn the Executive Board. . .
Mr. ranceE (Fcrane) asked thatsthe.worde "tenir compte" be substituted
ccuperreoc uper" in.the penultemate lino of paragaph (b),
* tCclpositionmmpositio and. Procedure and. ArticRelationsBelatiol=
United Nations t..
!The report concerning these two Articles was approwed, vitcomment.ammt.
le iple 88A. -Relionce an the Procedures of the Charter
MrTENARTH (UnKingdom) gd.a urged. the inserof the word "appropriate"pfi.t
befoee thé .s cond- referenoe. ta the word. edure" dur? in Article 88A (1).
Sectiof the report of the f.. oPourmth Comidrew drev attention tofact f4et
there were two type tvo s of complaints and. approeriatO procedure for' both
/of them. E/CONF.2/C.6/SR.39
Page 4
of them . His amendment was designed. to ensure that when a complaint referred.
to a business practice the provisions of Articles 45 and. 45A would. apply.
After a short discussion the amendment was rejected by the Committee,
three representatives only supporting it.
Mr. HAIDER (Iraq) wished it to be recorded that the procedure set forth
in the Arab League Charter concerning the settlement of disputes was not
inconsistent with that contained in Chapter VIII.
Article 89-- Consultation between Members
Mr.COOMBS. (Australia). suggested the. insertion of the words "in the
case of widespread unemployment or a serious decline in demand in the
territory of. another Member" after the words "opinion that" in paragraph (a).
This was agreed.
Mr. GAIFFIER (Belgium) provisionally maintained his reservation on the
words "other- than Article 1" .
Article 90 -. Reference to the Organization
Mr. HAIDER (Iraq) pointed out that the. letter (e) should be substituted
for (v) after the figure 2 in paragraph (v).
Articles 91, 92, Annex to Article 95 and Draft Resolution
Mr. COUILLARD(Canada) asked that the French text .of paragraph (a) be
revised so as to conform with the English text.
The representative of Iraq-maintained. his reservation and asked that
it be included in paragraph (c). The representatives of the United Kingdom
and. Venezuela withdraew their reservations. The representatives of Colombia
and Peru maintained. their reservations pending further instructions from.
their Governments.
Article 93 - Relations with Non-Members
Mr. MARTEN (United. Kingdom) drew attention to his amendment which was
contained in document E/CONF.2/C.6/103/Add.6 The effect of Article 93 (2) (a
when taken in conjuction with paragraph (b). of the Report might be to leave
open to challenge contracts in whicha Member agreed to take.over fifty
percent of the exportable-surplus of a Non-Member's product. Such contracts
were a normal practice between the.United Kingdom and certain other countries
and. as they were neither discriminatory nor preferential there never could
have been any intention of prohibiting their use.
It was agreed to postpone consideration of the United Kingdom amendment
until the following meeting.
The CHAIRMAN pointed out that the representatives of Argentina, Bolivia,
Chile, Peru and Poland had reserved their. positive on Artirle.93. E/CONF.2/C.6/SR.39
Page 5
Article 94 - General Exceptions
The represenative of Turkey maintained his reservation pending further
instrcutions from his Government.
Article 98 - Entry into Force and Registration
The representative of Uruguary maintained his reservation.
Article 99 - Territorial Application
The CHAIRMAN drew attention to the fact that statements, both from
the representatives of Egypt and the United Kingdom, had been received.
for inclusion in the Report. As result of the addtion of the explanatory
note put forward by the representative of Guatemla all the reservations
on this Article had been withdrawn. |
|
GATT Library | bh104bq2323 | Sixth Committee: Organization : Summary record of the Eighteenth Meeting. Held at the Capital, Havana, Cuba Friday, 2 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 3, 1948 | 03/01/1948 | official documents | E/CONF.2/C.6/SR.18 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/bh104bq2323 | bh104bq2323_90050099.xml | GATT_147 | 4,320 | 28,499 | United Nations Nations Unies
CONFERENCE DU E/CONF.2/C.6/SR.18
ON DU January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUMMARY RECORD OF THE EIGHTEENTH MEETING
Held at the Capitol, Havana, Cuba
Friday, 2 January 1948 at 10.30 a.m.
Chairman: Mr. Erik COLBAN (Norway)
The CHAIRMAN opened the meeting with the announcement that the
representative of Switzerland had declined the chairmanship of the
sub-committee on Chapter VIII; he therefore invited the Canadian delegate
to accept that post. This was agreed.
CONSIDERATION OF ARTICLE 93
The CHAIRMAN called attention to the three Aalternatives A, B, and C which
had been included in the Draft charter in the nature of working papers, and to
the versions submitted by Belgium-and Australia. He suggested that delegates
take due regard of the various types of non-Member countries in the
Mr. AUGENTHALER (Czechoslovakia) saw the essence of the problem involved
in Article 93 in the question whether the organization should be empowered to
request any Member to withhold the benefit of the Charter from a non-Member.
In practice that would mean that if the Member had concluded a commercial
treaty with a non-Member, the Organization could request the member to
terminate the treaty. That was a very serious matter inasmuch matter as Most normal
commercial treaties were reciprocally bilateral and the Member denouncing the
treaty would not only take certain advantages away from the non-Member, but
would himself lose other advantage in that country. It would depend on the
individual case who would be hurt more in the ensuing customs war, the Member
complying with the Organization's requirements, or the non-Member. In the
League of Nations, Provision had been made for mutual support of Member
nations in that case of economic or financial sanctions being imposed on some
country, but the present Charter contained no provisions that a Member
applying diacriminatory treatment against a non-Member and faced with economic
difficulties would be supported by other Members.
Economic conflicts between nations might prove to be worse than
diplomatic breaks and could eaasily lead to situations envisaged in Articles 34
and 35 of the United Nations Charter. Since economic conflicts might easily
/spread E/CONF.2/C.6/SR.18 Page 2
spread to other fields, the granting to the Organization of the right to
impose sanctions would mean that Members joining it would not only have to
surrender part of their sovereignty but possibly also the complete direction
of their own foreign affairs. The Organization might thus become an offensive
weapon of international politics.
His delegation felt that such a possibility would effectively present
many countries from joining up with the Organization which would then become
an association of countries in conflict with the rest of the world - the very
opposite of the United Nations aim. It would be in the interest of the
Organization itself, therefore, if the Charter contained only provisions which
left it to the discretion of the Members themselves to decide on their
relations with non-Members.
Mr. de GAIFFIER (Belgium) asked to defer the presentation of his
delegation's version of Article 93 until later, when other speakers would
have been heard, and in view of the complexity of the matter.
Mr. HOLMES (United kingdom) called attention to the fact that a number of
countries had not accepted the invitation to the Havana Conference and
presumably would remain outside the Organization, and further, that one
country was ineligible for membership under a United Nitions resolution. In
view of those facts, or strong probabilities, his delegation felt that it was
essential that Article 93 should avoid committing Members in advance to a
pre-determinated mode of conduct with non-Members. The Organization as well
as its Members should be left free to settle each particular case on its
individual Merits. On the other hand, it would be necessary to ensure that
Members would not conduct their trade with non-Members in a way substantially
injurious to other Members or contrary to the Organizations objecctives. If
a text wers adopted granting benefits only to non-Member without imposing
obligations on them, it would offer them no inducement to join up.
Some flexible control measures should therefore remain to govern the
relations between Members and non-Members de jure or de facto. Alternative C
was unduly rigid and involved a scrutiny on a purely theoretical basis,
requiring the termination of existing agreements with non-Members even if in
practice no injury to any Member was involved and international trade would
only have benefited. It would discourage a number of countries from joining
the Organization and possibly provoke unnecessary conflict, as the
Czechoslovak representative had said. Alternative A, on the other hand,
seemed to be too loosely conceived. It would permit Membars to suspend all
provisions of the Charter subject only to their possible withdraw all from the
Organization at its request. "There would be no inducement or anybody to
join up under such a rule, and in fact it would put a premium upon
nan-Membership, ensuring all the benefits of the Charter to countries escaping
all its obligations.
/His delegation E/CONF.2/C.6/SR.18
Page 3
His delegation favoured, for the reasons stated, Alternative B which
would leave sufficient discretion to the Organization to decide disputes in
the light of the interests of the affected Members and the implications to the
Charter's objectives. The Belgian text, based on Alternative B, was a further
improvement over the Geneva text in that it took account of de facto as well as
de Jure situations, but his delegation had felt that certain other
clarifications should be made and would submit a new draft for Article 93.
based on Alternative B, the Belgian text and the Australian proposal.
The first paragraph of Alternative C would be better than the
corresponding text of the Belgian version, being more precise in the
definition of "exclusive and preferential advantages. Another modification
would ensure the settlement of such questions as much as possible on the
basis of practical and specific rather than of theoretical considerations.
The Australian proposal had met with his delegation's general approval
except that its second paragraph was again base on a theoretical comparison
of agreements between Members and non-Members with the provisions of the
Charter rather than on the practical aspects of whether any injury to a
Member or the Charter's objectives was involved.
The new draft text would also incorporate sufficient Inducements for
countries outside the Organization to join it. In the first place; the
discretionary judgment reserved to the Organization would tend to make a
non-Member feel less secure in the enjoyment of the advantages of an agreement
with a Member; and in the second place, a Member would have a continuing
guarantee of most favoured-nation treatment at the hands of all other Members.
Bilateral arrangements, which could be terminated at the Members's own,
discretion, could not safely be enjoyed by non-Members. Alternative C had
been considered holding out the most definite inducements in that respect,
but it would accomplish that only at the risk of creating a split between
Members and non-Members.
Alternative B, as proposed to be amended by his delegation, would provide
for definite inducements for adherence to the Organization such as were
absent from Alternative A while at the same time avoiding the risks of conflict
inherent in Alternative C.
Mr. KUMLIN (Sweden) stated that no alternative, such as B or C, would
be acceptable to his delegation which might imply an obligation to discriminate
against non-Members. He hoped the Organization would become universal, and
his country had always favoured and supported universalism in the fields of
international co-operation and trade. It was neceesary, however, to consider
the situation as it obtained today, and that meant facing the fact that a
number of countries were not prepared to enter into the Organization,
regardless of any decisions takne at the Conference. The question then was
/how E/CONF.2/C.6/SR.18
Page 4
how international economic co-operetion could best be advanced, particularly
in Europe where some kind of economic modus vivendi was being sought. It
would serve no useful purpose to introduce a set of rules leading ultimately
to the exercise of discriminatory practices by one group of countries against
another.
Mr. SEIDENFADEN (Denmark) stated that since his country had always based
her economic policy on the most-favoured-nations principle, it would be very
difficult for her to change in that respect to non-Members of the Organization.
There would be no problem if an almost complete adherence to the Organization
could be counted upon, but the Soviet Union had not accepted the invitation
to Havana and could not be expected to become a Member in the near future.
That fact was bound to create difficult problem for Europe where a
co-operation between East and West was not only desirable but had become
in many respects a necessity; no such co-operation could, however, be expected
if Members were bound to a commercial policy of discrimination against
non-Members.
He believed that Members would insist on obtaining compensations for their
concessions to non-Members equal to those obtained from Members, and thus
non-Members were unlikely to gain advantages over Members. On the other hand,
if non-Members were precluded from obtaining concessions at all, serious
difficulties were bound to arise. His delegation considered the first
paragraph of Alternative A as a reasonable basic for the solution of the
problem, which would also ensure that non-Members did not gain advantages
which Members did not enjoy; but his delegation would be unable to accept
anything else, such as Alternatives B or C, in the event that it was
considered necessary to retain Article 93 at all.
Mr. MONDELLO (Italy) considered the provisions of Article 93 the keystone
to the whole Charter, inasmuch as it involved not only economic problems but
also psychological and political considerations. The matter was of great
importance for his country. Italy was surrounded by certain countries not
represented at the Conference with whose economics her own was closely linked
by traditional channels of foreign trade. If the Charter placed those
countries in a state of permanent inferiority as compared with Member
countries, a most serious political situation would ensue, prejudicial
to the economies of all parties concerned. The resulting economic pressure
furthermore would certainly not be an inducement to their adhering to the
Organization, but on the contrary cause their prolonged abstention. While
that situation was true for Italy, it would also be valid for other countries,
and the great powers would have to bear the responsibility for the consequences
of instability and economic unset resulting from provisions.
/In the event E/CONF.2/C.6/SR.18
Page 5
In the event of countries withdrawing from the Organization, everything
should be done to make it possible and desirable for them to shorten the
period of their abstention and to facilitate their re-entering the
Organization. In his view, the positive advantages of adhering to the
Organization should be the decisive factor, not the disadvantages of staying
outside of it.
His delegation had found that all texts embodied general juridical
criteria for the settlement of difficulties in the relation between Members
and non-Members, for example: Alternative A, paragraphs 2 and 3, referred to
"legitimate interests". There was no self-evident method of satisfying
those criteria. Accordingly, he felt it would be better to rewrite
Article 93 so that it would not be subject to doubtful interpretations.
Only two points should be covered. There should not be any unjustified
incompatibility with the provisions of the Charter, and there should not
be in any case unjust damage to other Members.
Mr. RICHARD (France) recalled that no final text had been arrived at
in Geneva, because not only economic but political questions were involved,
and because it was not known which countries would eventually join the
Organization. That situation had not changed, and nobody could foresee
the list of Member countries before the last reading of the Charter until
which time decisions should be deferred. At first, the United States
Government had been inspired by the idea not to grant any tariff concessiosn
to any country refusing to become a Member or withdrawing from the
Organization. The avowed objective had been to induce all countries to
adhere to the Charter, if they did not want to be relegated to an inferior
place in world trade. That plan would have had the great difficulty of making
all Members revise their commercial relations with non-Members and would have
completely upset international trade if important countries had elected to
remain outside the Organization.
Alternative A would permit the continuance of trade relations between
Members and non-Members if such trade could be proven to be indispensable
for the Member's interests, but would thereby create a separate and privileged
class within the Organization. Alternative C provided for the supervision of the
Organization over agreements between Members and non-Members and it would be
left to the Members to define the provisions of the Charter as they applied.
to a given case. Alternative B took a position in the middle, allowed existing
treaties to continue, and provided for the submission to the Organization of
questionable cases.
The Belgian proposal was a definite improvement over the alternatives
inasmuch as it did not provide for the automatic presentation for the
Organization's approval of all agreements, but only of those in which a Member
complained that he was injured. While his delegation shared the wish of others
/in seeing E/CONF.2/C.6/SR.18
Pege 6
in seeing all countries becoming Members, the Belgian text nevertheless
contained probably the maximum to which Members would be willing to subscribe.
There was no point in forcing Members to denounce agreements with non-Members
embodying the most-favoured-nations clause when maintaining those agreements
would not mean trouble for anybody.
His delegation favoured the Belgian text as a compromise solution of
practical value, but more study of the subject was needed, particularly in
view of the grave implications of certain representatives speeches that it
might be necessary to eliminate Article 93 altoghther.
Mr. FEDRANO (Argentina) suggested that no punitive measures should be
provided against the non-Members. Unity was the aim, and no provisions
should be adopted which would tend to foster division in the world. As to
the Argentinian point of view in the matter, he would reserve his
delegation's position until a later stage of the debate when other provisions
would become known.
Mr. COOMBS (Australia) said that it was still impossible to foresee
which countries would be Members. No state could, therefore, make any
commitments or decisions about important trade relations with countries
which might, for various reasons, elect to remain outside the Organization.
At the present time, certain Members had close trade relations with.countries
not represented at the Conference, and Members should not be faced with the
alternative of either withdrawing from the Organization or denouncing their
obligations.
He then quoted from his delegation's proposal and hoped that by the time
the second session of the Conference of the Organization was held the
situation would have been clarified and a study of the relations between
Members and non-Members would have given concrete relats by which to judge
and to formulate decisions in the full light of the real facts,
Mr. DJEEELARA (Syria) noted that, of the seven Arab countries, two were
not represented at the Conference. While he could not foresee whether
Saudi Arabia and Yeman would later join the Organization ,or not, in the latter
case a most difficult situation would arise if restrictions or sanctions
had to be imposed against non-Members. Despite the "not unlimited" economic
resources of those two countries, major moral and ideological problems were
involved which would prevent the Arab states from taking any such measures
against them.
The objective, as he saw it, was to prevent non-Members being treated
more favourably than Members. Advantages under the Charter should not be
made automatically applicable to non-Members, but the only limitation to
granting the should be that they should not be heater than those granted
to Members, and that nothing be contained in them which would be injurious
to Members.
/Mr. AUGENTHALER E/CONF.2/C.6/SR.18
Page 7
Mr. AUGENTHALER (Czechoslovakia) observed that the Committeae would be
misunderstandsing his delegation's position if it was considered opposing
Article 93 because of Czechoslovak trade relation with the Soviet Union,
No special privilages had been granted to the Soviet Union by his country,
and the same multilateral and most-favoured-nation agreements had been signed
as with other nations. His delegation was concerned with the principle only
and would not undertake obligations of any kind which might lead to economic
conflicts.
He felt that the text of paragraph 4 of the Belgian proposal made
Members responsible for situations resulting from the actions of non-Members
although the Organization obvioualy had no rights over non-Members.
Referring to the Australian proposal, that only the future Organization
would, decide if and what kind of obligations should be included in the Charter,
he said that according to a provision in paragraph 1 of Article 97, a Member
could withdraw after the expiration of there years from the entry into force
of the Charter. The matter should be decided here and now, as the decision
might be of vital importance to many countries.
Mr. POLITIS (Greece) emphasized that three considerations should
guide the wording of Article 93. (1) The problem of relations between Members
and non-Members was both of an economic and political nature, andi political
situations could change. For that reason it was necessary to distinguish,
between those non-Members who could not become Members, those who did not
wish to do so, and those who had not yet made up their minds. (2) A
different treatment had to be accorded Members and non-Members because onerous
Obligations would have to be shouldered particularly by smaller countries,
thus Justifying thair being placed on another footing. (3) In the
practical consideration of relations between Members and non-Members, there
were two possibilities: (a) Existing trade relations should be respected
unless grave violations of the Charter were involved, and (b) new trade
agreements should be left to the discretion of the contracting parties if
they were simple and easy, but if they implied violations of the Charter, then
the previous approval of the Organization should be mandatory. If a Member
felt himself aggrieved, he should have recourse to the Organization.
Mr. COOMBS (Australia) replied to the Czechoslovak representative that
in the case referred to by him, paragaph 3 of the Australian amendment
provided for the adoption of the final rules of Article 93 in accordance with
the provisions of Article 95, for the adoption of Amendmants to the Charter.
Paragraph 2 of Article 95 provided for the withdrawal within six months of
any Member not accepting an Amandment, even if it had been adopted by a
two-thirds majority. Thus, it was not a question of three years, but of
/Practically E/CONF.2/C.6/SR.18
Page 8
practically immediate withdrawal, inamuch as the Member disagree with the
Amendment would not enforce it at all, and be bound for the ensuing six months
only in regard to the other obligations of the Charter.
Mr. de GAIFFIER (Belgium) approved the principle of consultation with the
Organization on questions of relations of Members with non-Members, where the
interests of a Member were unduly injured by such relations.
Mr. PACHACHI (Iraq) said that in order to attain the Charter aims of
expansion of trade and economic development a "club" had been formed for the
mutual benefit of the Members; some countries, however, for reasons of their
own - not necessairly in conflict with the interests of the Organization might
not join the Organization. Relations between Members and non-Members might
possibly benefit all the members of that "club". In case that relationship
injured the interests of a third Member, it would be necessary to weigh the
Injury against the benefits accrued by the other Member from its economic
relationship with the non-Member.
The temporary injury to a Member might be found to be offset by the
long-term benefits in the attainment of the Organisation's purposes. A
Member forced, upon complaint to the Organization, to withdraw privileges
from a non-Member, might weigh the advantages of membership against the
benefits of its relationship with a non-Member, and in case the latter
outweighed the former, would withdraw from the Organization.
The aim of Article 93, however, was not only to further the aims of the
Organization, but to induce non-Members to join. Freedom of relationship of
Members with non-Members might not always be to the advantage of non-Members
since lt permitted Members to apply sanctions against the latter as well as to
drive benefits from their relationship with them.
The political "whirlwind" should not be permitted to upset the
Organization's work. In the light of those considerations it would be better
for the Charter to give Members freedom in their relationships with
non-Members. There was consequently no need for provisions that prior
arrangements should be cancelled or revised - unless they were extremely
injurious to other Members - nor should Members having such arrangements
with non-Members be forced to extend similar privileges to other Members.
Mr. MACHADO (Cuba) could not express his views on such a difficult
matter without prior consultation with his government. His country was ready
to join the Organization because the benefits derived from membership of it
outwaighed the necessary limitations of sovereignty. The price of mambership
should not be too high; however, porcing Members to break old and important
trade relationships with certain countries. The provisions of Article 93
should not be t Z reaching in view of the carly state of the Organization's
/development. E/CONF.2/C.6/SR.18
Page 9
development. The Australian proposal had its advantages; he therefore
favoured a simple text for Article 93 setting down the General difference
in benefits to be derived from the Charter by Members and non-Members. The
question of application of sanctions to countries which failed without good
reason to join the Organization could be postponed until a later Conference.
Thus a transition period would be obtained between the signing of the
Charter and the application of sanctions, during which Members would be able
to review their own trade relations.
Mr. STINEBOWER (United States) considered that provisions was
needed in the Charter to determine the relationship between Members and
non-Members.
With regard to the assertion that it was largely a political problem
he agreed with the representative of Czechoslovakia, that the matter should
be judged on its own merit. He wished to make three points: (1) It was
necessary to assure that Members would and could carry out the obligations
of Chapter IX. Some speakers had already agreed that it was necessary to
have a provision to include Members to affording to some non-Members better
treatment than to other Members. (2) The question of discrimination by
non-members in favour of one Member to the detriment of another Member
arose at time as a purely economic problem. He mentioned a case where one
country had granted the Most Favoured Nation Rate to the United States; yet
in seeking trade preferences relationship in third markets, It prevented the
latter from entering into a Most Favoured Nation Treaty with the United States.
(3) As regards the "high price of membership", mentioned by the representative
of Cuba, he pointed out that on the other hand there should be no premium
on staying outside of the Organization.
The Australian proposal provided no settlement of the difficult, but not
insuperable problem. An attempt should be made to reach an agreement acceptable
to all.
Mr. NARAGHI (Iran), in viev of the special position of his country, found
Alternative A less objectionable to its legitimate economic interests and
supported the Pakistan amendment.
The CHAIRMAN suggested the appointment of a sub-committee composed of
the representatives of Argentina, Australia, Belgium, Cuba, China,
Czechoslovakia, France, Greece, Italy, Lebanon, Iran, Sweden, united Kingdom
and United States. This suggestion was accepted.
ARTICLE 94
The CHAIRMAN, referring to pages 24 and 25 of the annotated draft
agenda, explained that the representative of Australia had made certain
reservations in Geneva regarding the interpretation of the text of Article 94,
/paragraph (b) E/CONF.2/.C.6/SR.18
Page 10
paragrah (b) (ii). The Australian representative wished the Committee to
confirm his Interpretation of the text which had been accepted in Geneva.
Mr. COOMBS (Australia) explained that in view of its experience prior
to the second World War, his country considered that the words "military
establishment" in Article 94, paragraph (b) sub-paragraph (ii) should Imply
military establishment of the Member as vell as those of other countries.
The Preparatory Committee had accepted his interpretation and had agreed that
the same sub-paragraph included raw materials.
Mr. DJEBARRA (syria) felt that such an important provision should be put
into very explicit terms in view of the political and security questions
involved.
The CHAIRMAN, considering the text satisfactory, suggested that after the
words "directly or indirectly" the phrase " regulating the supply of the
national or foreign military establishments" might be substituted for the rest
of the sentence.
Mr. PACHACHI (Iraq) proposed the addition of the following paragraph (d):
"to prevent any Member from taking any action in respect of trade which serves
a political purpose contrary to the essential interests of that Member".The
amendment not only covered, the points brought up by the representative of
Australia but also concerned other materials which might be used for political
purposes,. outside or within a Member country, against the latter's interests.
He would give a fuller explanation of his amendment at the following meeting.
The CHAIRMAN stated that the discussion would be continued at the next
Mr. STINEBOWER (United States) pointed out that the Fifth Committee had
decided that the United States amendment to Article 67 should later be
reconsidered in the light of the discussion of Article 94 by the
Sixth Committee.
Mr. AUGENTHALER (Czechoslovakia) pointed out that the sub-committee on
Article 16 had resolved an amendment from the delegation of Czechoslovakia
Providing that nothing in the Charter would be interpreted as over-riding
the economic provisions in the peace treaties and special regimes of the
United Nations - having mind the special territory of Trieste. |
|
GATT Library | gn471wm8436 | Sixth Committee: Organization : Summary record of the Fortieth Meeting. Held at the Capital, Havana, Cuba, Tueday, 16 March 1948 at 4.50 p.m | United Nations Conference on Trade and Employment, March 16, 1948 | 16/03/1948 | official documents | E/CONF.2/C.6/SR.40 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/gn471wm8436 | gn471wm8436_90050146.xml | GATT_147 | 254 | 1,758 | United Nations Nations Unies E/CONF.2/C.6/SR.40
CONFERENCE CONFERENCE 16 March 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITEE: ORGANIZATION
SUMMARY RECORD OF THE FORTIETH MEETING
Held at the Capitol, Havana, Cuba, Tueday, 16 March 1948 at 4.50 p.m.
Chairman: Mr. COLBAN (Norway)
AMENDMENT TO COMMENTS UPON ARTICLE 93 BY THE DELEGATION OF
THE UNITED KINGDOM (Document E/CONF.2/C.6/103/Add.6)
Mr. MARTEN (United Kingdom) explained that Article 93 (2) (a) when
taken in conjunction with the second sentence of sub-parapraph (b) or
the section of the Report dealing with Article 93, would d have the effect
of forbidding the carrying on of certain normal trading practices with
nan-Members,
After a short discussion in which the representatives of the
United States and Denmark suggested amendments to the United Kingdom text,
the representative of Australia proposed. the following form of words:
"The Committee further understands that the term 'benefits'
as used, in sub-paragraph (a) of paragraph 2 of this Article does
not refer to the quantities of any commodity involve in such an
arrangements."
It was agreed, that the Australian text would be circulated and given
final consideration at the following meeting.
POINTS RAISED IN THE CENTRAL DRAFTING COMMITTEE
On the suggesting of Mr. KELLOG (United States), the Committee agreed
that the word "may" should be substituted for "shall" in the last sentence
of Article 75 (4), It also agreed that the expression "votes cast" should
be changed to a reference to "Members present and voting" in Article 68 (4)
and Article 74 (4). |
|
GATT Library | xh207qc1654 | Sixth Committee: Organization : Summary record of the Forty-First Meeting. Held at the Capital, Havana, Cuba, Wednesday, 17 March 1948 at .6.00 p.m | United Nations Conference on Trade and Employment, March 19, 1948 | 19/03/1948 | official documents | E/CONF.2/C.6/SR.41 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/xh207qc1654 | xh207qc1654_90050147.xml | GATT_147 | 1,348 | 8,555 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.6/SR.41
19 March 1489
ORIGINAL: ENGLISH
SIXTH COMMITTEE ORGANIZATION
SUMMARY RECORD OF THE FORTY-FIRST MEETING
Held at the Capitol, Havana, Cuba,
Wednesday, 17 March 1948 at .6.00 p.m.
Chairman: Mr. E. COLBAN (Norway)
1. CHAPTER VII: REPORT OF THE CENTRAL DRAFTING COMMITTEE (E/C0NF.2/C.8/17)
Article 68
Paragraphs 1, 2, 3, 4 were approved.
Paragrah 5
Mr. BLUSZTEIN (Poland) said that paragraph 5 should not be included in
Article 68 inasmuch as Germany and Japan could not be Members of the
Organization. The only point was the rights which the Conference might
extend to those countries.
Mr. COUILLARD (Canada) as Chairman of the Section of the Central Drfating
Committee considering Chapter VII, stated that from a strictly drafting point
of view paragraph 5 belonged in Article 66 because it dealt more with
membership than with territorial application. Article 98 permitted only full
membership; military occupied countries might be partial members and therefore
it was necessary to place the paragraph in Article 68.
Mr. BLUSZTEIN (Poland) replied that the case of Germany and Japan could
not be treated in the same manner as those countries listed in paragraph 4.
Paragraph 4 provided that the Conference should decide whether membership
rights would be complete or partial, whereas paragraph 5 spoke of rights and
obligations. Inclusion of the paragraph in Article 68 might establish a
dangerous precedent; it should be transferred to Article 99.
Mr. BENDA (Czechoslovakia) said that it was important to note that rights
and obligations were not the same as membership.
Mr. MARTEN (United Kingdom) thought the paragraph was appropriately placed
in Article 68 mince the Article dealt not only with ful membership but with a
number ot cases wrth lesser rigjts than full membership.
Mr. COOMBS (Australia) suggested the title might be changed to
"Membership, Rights and Obligations" in order to clarify the point but the
/CHAIRMAN suggested E/CONF.2/C.6/SR.41 Page 2
CHAIRMAN suggested that unless there was strong objection, the Central Drafting
Committee text should be accepted.
Paragraph 5 was approved.
The Central Drafting Committee text of Article 68 was approved.
Article 69 was approved as submitted by the Central Drafting Committee.
Articles 70. 71, 72, 73,74 were approved, as submitted by the Central
Drafting Committee.
Article 75 and Annex were approved, as submitted by the Central Drafting
Committee, including the wording suggested in the note regarding
paragraph 2 (c) and 3 (a).
Articles 76, 77, 78, 79 and 80 were approved, as submitted by the Central
Drafting Committee.
Article 82 was approved, as submitted by the Central Drafting Committee
(subject to retention of the wor d "and" in bracket in paragraph 3)
Article 83A: paragraph 1 and 2 were approved, retaining the phrase in
the first line of paragraph 2 in square brackets.
Paragraphs 3 and 4 were approved.
Interpretative Note to paragraph 3: approved with the retantion of the
phrase "on the question" in square brackets, and deletion of the underlined
phrae following, (four lines from bottom of page 32).
Interpretative Note 2 was approved.
Artcle 83A was approved as submitted by the Central Drafting Committee
subject to above corrections.
Articles.84, 85, 86, 87 and 88 wers approved.
2. CHAPTER I: REPORT OF THE CENTRAL DRAFTING COMMITTEE E/CONF.2/C.8/24)
Article 1 was approved as submitted by the Central Committee.
The delegation of Colombia withdrew its reservation to the Annex of
Article 95
The delegation of Uruguay withdrew its reservation to paragraph 2 of
Article 98.
3. ARTICLE 93: PROPOSED NOTE FOR INCLUSIONS IN COMMTTEE VI REPORT
Mr. EVANS (United Staes) said the purpose of the note previously,
submitted by the United Kingdom delegation (E/CONF.2/C.6/103/Add.6) was to
make clear that Article 93 would no rule out transactions permitted under
Article 30 had the non-member been a member of the Organization. Article 93
provided that a member should not enter into agreements with a non-member if
the latter would thereby be required to discriminate and Article 30 defined
discrimination and non-discrimination by a state trader. The following note
in the report would clarify the intent:
"The Committee further understands that action by a state trading
enterprise of a non-Member which would be non-discriminatory under
/the terms of E/CONF.2/C.6/SR.41 Page 3
the terms of Article 30 would also be considered - discriminatory ,
for the the purpose of interpreting the provisions of paragraph 2 (a) of
Article 93."
Incluaiop of the note was approved.
4. PROPOSED REDRAFT BY THE CENTRAL DRAFTING COMMITTEE OF THE FINAL TEXT OF
CHAPTER IX (E/CONF.2/C.8/18)
Mr. BLUSZTEIN (Poland) felt that the words "objectives set forth in
Article 1" as suggested by the Central Drafting Committee, involved a change of
substance. The Committee had intended the reference to be of a more general
character.
aftter a short discussion it was agreed to retain the words "purpose of
this Charter" in paragraphs 2 and 5.
In reply to the representative of the Netherlands, Mr. MARTEN (united
-Kingdom) explained that the term "Member country" would include any separate
customs territory.
Article 93 and the Interpretative Note were approved by the Committee.
Mr. KELLOGG (United States) drew attention to the fact that the first
reference in the Annex to the word "reciprocal" should not be capitalized
Mr. NASH (New Zealand) expressed the view that expression "by a
two-thirds majority of the Members" was an ambiguous one which could be subject
to more than one interpretation.
- After a prolonged discussion the Committee agreed to accept the wording
put forward by the Central Drafting Committee with the addition of a note in
the report to the affect that in Article 95 (1) the pharse ment the
affirmative vote of two-thirds of the Members of the Organization.
The CHAIRMAN, answer to a question by Mr. HAIDER (Iraq), pointed out
that an amendment which altered the obligations of Members, even after
receiving the approval of the Conference by a two-thirds majority of tho
Members present and voting, only became effective for the Members accepting
the amendment after two-thirds of the Members had notified the Organizatin of
their acceptance.
Paragraphs 2, 3, 4, 5 and the Annex to Article 95 were approved.
Article 96 was approved.
Article 97 was approved
after Mr. COUILLARD (Canada) had called
attention to the transposition to the and of paragraph 2 of the provisions which
had previous appeared at the end of paragraph 1.
/Article 98 and E/CONF.2/C.6/SR.41 Page 4 Article 98 and its Annex were approved. It was pointed out that sub-
paragraph (a) of paragraph 2 of the Annex had been incorrectly lettered "2. (d)"
in the English text.
Article 99 and the Interpretative Notes thereto were approved.
Article 99A was approved.
Article 100 was approved.
Mr. MARTEN (United Kingdom) said that he wished to pay a special tribute
to the Chairman of Committee VI now that that Committee had completed its work.
Both the Chairman and the country which he represented were held in special
esteem, respect and also affection in the United Kingdom and it was therefore
a very happy privilege for the representative of the United Kingdom to propose
the vote of thanks. There were many Englishmen and a great number of others
who had worked with the Chairman in London, New York, Geneva and Hevana on
this project which was now approaching completion and who had learned to value
very highly his wisdom and guidance. At an age when many men, would be pleased
to retire to enjoy a well-earned rest after carrying out in London during this
war a great and courageous work on behalf of his country it seemed to all
these persons a fine and admirable thing that the Chairman should have played
so great a part in building up this International Trade Organization which
everyone hoped would be a pillar and a prop of a new and peaceful world.
Mr. AGUILAR (Mexico) and Mr. SERRATA (Uruguay) joined in the vote of thanks
to Mr. COLBAN and also thanked all the members of the Secretariat who had
assisted the Committee. Mr. SERRATA, in addition, thanked other delegates for
their spirit of co-operation and goodwill. |
|
GATT Library | rh342nc4344 | Sixth Committee: Organization : Summary Record of the Nineteenth Meeting. Held at the Capital, Havana, Cuba, Saturday 3 January 1948 at 10 a.m | United Nations Conference on Trade and Employment, January 3, 1948 | 03/01/1948 | official documents | E/CONF.2/C.6/SR.19 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/rh342nc4344 | rh342nc4344_90050101.xml | GATT_147 | 3,083 | 20,191 | United Nations Nations Unies UNRESRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR. 19
ON DU 3 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUMMARY RECORD OF THE NINETEENTH MEETING
Held at the Capitol, Havana, Cuba, Saturday 3 January 1948 at 10 a.m.
Chairman: Mr. Eric COLBAN
Mr. ALAYZA (Peru), speaking on Article 93, said that its provisions
were particularly important in view of the absence of various European
countries from the Conference. Formulae regulating relationships between
Members and non-Members should reconcile their economic and social needs
with the Charter obligations on the basis of the following considerations:
(1) ensuring the freedom. of Members to develop their commercial and economic
policy by entering into, or maintaining formal or de facto relationships with
non-Members; and (2) the obligation of Members not to injure the interests of
other Members in the exercise of their freedom. While Charter obligations
were compeneated by the advantages of the most favoured nation clause in
Articles 16 end 17, advantages of relationships with non-Members depended. on
what the Members could. offer. Consequently, freedom of action should not be
limited by rules providing for essentially different situations, in particular
in the case of those countries which might not be granted the right to establish
preferential systems. Nor could there be equal provisions for situations
arising from. the enforcement of the Charter and vital existing situations which
should only be modified if they caused injury to another Member. In that case,
an equitable solution to both parties should be found. During the transition
period short-term changes would aggravate the existing circumstances.
1. DISCUSSION OF THE REPORT OF THE SUB-COMMITTEE ON PARAGRAPH 1 OF
ARTICLE 92 (document E/CONF.2/C. 6/34)
Mr. de GAIFFIER (Belgium) Chairman of the sub-committee on Article 92,
paragraph 1, explained. that the report contained a compromise suggestion by the
representative of France. Upon an examination of the Peruvian and Argentine
amedment the .sub-committee had agreed that the question of interpretation of
the Charter had two aspects; (1) External relations of the Organization and
(2) .relations among its Members. With regard to the first aspect it had. been
decided that the Charter provisions could not be in contradiction with the
Statute of the International Court of Justice and the provisions relating to
/other E/CONF.2/C .6/SR.19
Page 2
.other organs of the United Nations and other governmental organizations.
Consequently, when consulting those bodies with regard to the Charter'e
interpretation, the Organization should furnish a text in a language
authoritative for the former as well as for itself. On the second aspect
unanimity had. not been reached. The question arose as to which text would
be authoritative for a pronouncement on controversial points by the
Organization. The representatives of Peru and. Argentina had. maintained.
the official Spanish text should. be considered, other representatives had
held. different views and the representative of China had pointed to the
equal rights of the Chinese and Spanish languages. The French compromise
proposal implied that unless otherwise provided, the five official languages
would be equally authentic. The representative of the United Kingdom.could
not accept such an implication. In reply to an argument brought forward
during the discussion in the sub-committee, he pointed out that
parliamentary ratification in one of the official languages did. not confer
any greater authenticity to that text.
Mr.HOLMES. (United Kingdom) could not accept the sub-committee's report.
The implication that for other purposes other languages should be considered
authoritative, had. been rejected by many representatives. The Committee
had to decide whether a large number of authoritative texts would facilitate
work. There should be no more than two authoritative languages. In order
to meet the view of some representatives he had proposed. that other languages
could. be authoritative in cases where the Organization had to deal with
specialized. agencies whose basic instruments were neither in English nor
French. His proposal, however, was not accepted.
Mr. LORETO (Venezuela) said that in re-examining the problem he had. found
that there had been some misunderstanding. It was really a question of
authoritative, i.e. legally valid texts, which was not related to the question
of the five official languages. AccordIng to Article 111 the United Nations
Charter was authentic in five languages; there was no reason to change that
provision with regard to the Organization. He pointed out that a similar
provision was contained in Article 17 of the Constitution of the
International Refugee Organization.
On the basis of legal considerations, therefore, he would. not accept the
drafting amendment, and in the light of Article 111 of the United Nations
Charter, he proposed that paragraph 1 should be omitted from Article 92 and
the phrase "all the languages which are authoritative" should be inserted into
Article 100, after the words "United Nations".
Mr. TINOCO (Costa Rica) and Mr. AMADOR (Mexico) supported the opinion
of the representative of Venezuela.
Mr. KING (China) agreed with the representative of Venezuela with regard.
to the use of five authoritative languages. In the Sub-Committee he had
/accepted E/CONF.2/0.6/SR.19 Page 3
accepted the French formula a compromise. Ho did. not recall a discussion
in the- sub-committe on the points mentioned in the corrigendum to the
report (document E/CONF.2/C.6/23/Corr.1).
Mr. ALAYZA (Peru), pointed out that his position had been based on
Article 111 of the United Nations Charter.
Mr. HOLMES (United Kingdom) protested against such an interpretation of
Article 111. The fact that the Charter text was authentic in five languages
had no bearing on the practice to be followed with regard to other conventions.
Messrs. MORALES (Guatemala), MULLER (Chile), GOMEZ (Colombia),
JIJON (Ecuador), SERRATO (Uruguay) and FEDRANO (Argentina) supported the
representatives of Venezuela and Costa Rica.
Mr. MELANDER (Norway) agreed with the representative of the United.Kingdom
that the compromise text would lead to practical difficulties and that
Article 111 of the United Nations' Charter was not relevant to the point
under discussion. As the representative of a country where neither one of
the five languages was spoken, he felt the simplest provision would lead
to the best results.
Mr. de GAIFFIER (Belgium) said that if the legal view of the matter were
accepted, then it would be proper to consult the International Court of
Justice. The example taken from the Charter of the Refugee Organizition
was not applicable in view of the complexity of the Trade Charter. The
question of languages should be studied from a practical point of view, ïf not
then the United Nations Secretariat should be consulted on the proposal for
five authoritative languages. There were also budgetary considerations
involved..
Mr. LORETO (Venezuela) was not convinced by the arguments put forward
by the representative of Belgium in view of the number of international acts
which had been signed. in five languages.
Mr. RUA (Afghanistan) was in favour of the provision adopted by the
United Nations.
Mr. COREA (Ceylon) said that he would have preferred one language only.
Since more than one was to be accepted, he would favour the inclusion of
Spanish.
Messrs. TANGE (Australia), SCEMITT (New Zealand), SMEDSLUND (Finland.),
ROWE (Southern Rhodesia) and AUGENTHALER (Czechoslovakia) preferred the
Geneva text of Article 92.
The CHAIRMAN concluded that twenty-seven representatives supported the
Geneva. draft of Article 92, paragraph 1, thirteen favoured the inclusion of
the-Spanish language, and two were abstained. He declared the Geneva. text
accepted on first reading.
/ARTICLE 94 E/CONF.2/C.6/SR. 19
Page 4
ARTICLE 94
The CHAIRMAN announced that the amendment presented by Iraq had.been
circulated document E/CONF.2/C.6/12/Add..9). He appointed the following
countries to the sub-committee on Article 94: Australia, Iraq, India,
Costa Rica, Czechoslovakia, Pakistan, Guatemala, United Kingdom, United States
and Union qf South Africa. The terms of reference included an examination of
Article 94 and of all relevant amendments and the consideration of the
United Kingdom and the. United States proposal to Article 67 relating to natural
security. The Fifth Committee would be. informed of the establishment cf the
sub-committee which could be enlarged by additional members of that Committee
if it so desired.
Mr. BLUSZTAJN (Poland), explaining hie country's position on Article 94,
stated. that it opposed provisions in the Charter for unilateral measures for
political reasons in the commercial field.
Mr. MONDELLO (Italy) observed that the Czechoslovak amendment might more
suitably be dealt with by Committee III in its discussion of Article 16. He
also stated that he concurred with the last lines of that amendment concerning
the special regimes for separate territories, but not with the first three
lines referring to former enemy countries of the Allied and Associated powers.
DISCUSSION OF ARTICLE 95
Paragraph 1
After a short discussion as to the proper meaning of the term "Members",
it was agreed to pass paragraph 1 in first reading and to direct the Drafting
Committee to see to It that throughout the text of the Charter the term
"Members" was always to be interpreted as meaning "Members of the
Organization".
Paragraph 2
Mr. AMADOR (Mexico) in explaining the reasons for his delegation's
amendment, said that an international organization should not force a
member to withdrav against its will. Sovereign states were conscious of
their rIghts and duties, and should not have to face expulsion. The right
given to the Conference of determining when a Member may be required to
withdraw from the Organization, and when such requirement could be waived,
would. be an invasion of sovereignty. Certain periods of time were needed
for Member states to comply with the domestic or internal constitutional.
prerequisites and if the domestic constitution did not permit ratification
of an amendment involving a change in obligations, the Member should not be
penalized. for its inability to accept the amendment; it would withdraw
voluntarily. -
Mr. FAWOETT (United Kingdom) said, Members should not be permitted
to refuse accepting new obligationu while remaining Members and enjoying
/other E/CONF.2/C.6/SR.19
Page 5
other rights. A very complicated situation, approaching chaos, would arise
if one group of Members were to be bound by a different set of obligations
than anothor group.
Mr. AMADOR (Mexico) replied that he was certain, a Member who fait it
was unable to accept such an important amendment, would not wish to remain
within the Organization. He could not concoive of a situation arising such
as envisaged by the United. Kingdom reprosentative.
Mr. KOJEVE (France) noted a discrepancy in the timing of the provisions
for withdrawal. When a Member withdrew voluntarily, the period wan fixed. at
six months; when the Member was required to withdraw, "a specified period"
was provided for. If it was the intention of the draft to have the Member
dismïssed. almost immediately, he felt that, on the contrary, a time limit
should be granted; but on the other hand, if it was contemplated to allow
a period of six months or more, a complicated situation might obtain during
the period when the Member would. still have to observe all the other obligations
under the Charter except the new amendment. His delegation had. no concrete
proposals to make but felt that the subject deserved further study.
Mr. STINEBOWER (United. States) opposed. the Mexlcan amendment and agreed
with the United. Kingdom representative in that an anomalous situation would be
created if one Member refused to abide by obligrations which two-thirds of the
Members had. agreed to adopt. He felt that the draft text of paragraph 2
was far from invading states' sovoreignty, but that its elimination would. opon,
the door to an abuse of sovereignty, namely, to accept rights without the
corresponding obligations. The right of roluntary withdrawal was in order,
but the vords "shall be free to withdraw" implied that the Member might also
elect not to withdraw in which case complications and difficulties would arise.
He folt that the procedure involved in paragraph 2 was lengthy and provided
ample safeguards for fair administration so that no abuses needod. to be feared.
He further remarked that the Constitution of the International Civil
Aviation Organization provided. in Article 94 B for any state to cease being
a Member, if it did. not ratify an amendment after a certain period of time.
Mexico had. ratified that document.
Mr. TINOCO (Costa Rica) felt that Article 95 was anomalous and should
more closely resemble Article 108 of the United Nations Charter. In the
first place, the present text did. not state how the Conference was to determine
whether or not an amendment was substantial and. involved a change in obligations.
Unless special provisions were made, Articles 72 and 73 would apply, meaning that
a simple majority could decide the issue; a Member could thus be forced to
resign by a small minority of the membership. He felt that paragraph 2 should
expressly state that a two-thlrds majority cf all Members (or at least of all
/Members E/CONF.2/0.6/SR.19
Page 6
Members present and voting) was necessary to make such decisions.
Secondly, he proposed a change in the wording of paragraph 2 whore it
spoke of "required to withdraw". The term "asked'' should be used. instead,
or some other phrase suitable adapted to the dignity of states.
Finally, he felt that the last sentence of paragraph 2 was superfluous,
inasmuch as the identical phrase was used ln Article 97 and covered the
same subject of withdrawal.
Mr. de GAIFFIER (Belgium) approved of the present text, feeling that it
was wise to foresee all possiblities. However, the Mexican representative's
remarke were valid, in his opinion, as regarded the provisions for "a specified
period", and a clearer wording should be adopted. He also suggested that it
might be better if the Conference instead of requiring a Member to withdraw,
only suspended its rights and obligations for a specified period during which
the Member could think matters over and decide later whether to withdraw
voluntarily or to accept the new amendment's obligations.
Mr. AUGENTHALER (Czoehoslovaka) thought that the exclusion of a Member
was too serious a matter to be left to the dedecision of a simple majority "at
any time". Furthermore, if a new amendment radically changed obligations to
a point tantamount to a new agreement or a new Charter, a country might well
be unable to accept it in view of its constitution. In that case, however,
it should be permitted to withdraw from the Organization immediately, iinasmuch
as it could not honestly feel bound by anything contrary to its own
constitution. He supported, on the hole, the Mexican amendment but wished
the insertion of a clause parmitting short-term or immediate withdrawal.
Mr. DUNAWAY (Liberia) pointed to the inconsistency of paragraph 2 when
a two-thirds majority was required for the passage of an amendment, but not
for its other provisions..
Mr. de VRIES (Netherlands) observed that, while he would have preferred
a text similar to that of Article 108 of the United Nations Charter, the
present draft text was as lenient as could be desired. The Organization
needed greater flexibility in dealing with trade relations than the
united Nations in its sphere of activities. Chaos would result if that
minimum of safeguarding the Charter was not retained.
Mr. MACHADO (Cuba) expressed the view that the whole matter was clearly
one of international law without any political inference, and suggested that a
small sub-committee of legal experts be appointed to study paragraph 2 in the
light of what had been said, and to report its findings in time for the second
reading.
He thought that the words "within a reasonable or specified period" should
be used in connection with the withdrawal of members who had not accepted the
amendment. E/CONF.2/C.6/SR.19
Page 7
amendment. The required majority should be clearly stated. He suggested that
the time for a Member's period of grace be counted as from the date of
approval and ratification of the amendment by two-thirds of the Members.
Mr. STINEBOWER (UnIited States) in reply to the Czechoslovak representative,
said that there was no besis for his apprehension inasmuch as no amendment
could .be binding upon a Member until accepted. and. ratified by it as the
pertinent phrases from paragraph 2 clearly showed.
Mr. KOJEVE (France) approved of the logic of the Costa Rican representative
and agreed that the same. two-thirds majority applicable for adopting an amendment
should also be the rule at the determination which amendment was of "such a
nature that...". He also concurred with the Cuban representative's suggestion
to insert the word "reasonable" between within a period specified", in that
he felt that the period should not be too short, so as to give countries time
to study the implications of the matter. Finally, he agreed with the Belgian
representative's apprehension regarding the wording ``required to withdraw" and
said that he would welcome a more subtle phrasing.
The problems raised by the delegations of Czechoslovakia and the
United States were complex; if a Member wanted to withdraw and had to stay
with the Organization for another six months, he would not be bound by the new
amendment for that period, but would have to observe all other obligations
under the Charter. A very complicated situation would then arise.
The CHAIRMAN appointed a sub-committee to study Article 95, paragraph 2,
and to report an Improved version, with the following members:
Belgium
Czechoslovakia
France
Mexico
United States
Mr. AMADOR (Mexico), in reply to the United States representative, said
that while his country had signed the constitution of the Civil Aviation
Organization, that did not mean that his delegation would not attempt to strive
for healthier and more constructive provisions elsewhere.
Mr. LORETO (Venezuela) urged, for the benefit of the sub-committee, that
greater clarity be achieved in the text under discussion. He thought that
the Trade Charter should follow the provision of Articlo 108 of the
United Nations Charter that the amendment should be ratified in accordance
with the constitutional processes by two-thirds of Members.
The CHAIRMAN explained that paragraph 1 of Article 95 provided for the
approval of the Conference by the affirmative votes of two-thirds of its
Members, and every Member participating in the vote would have to define
/its attitude E/CONF.2/C.6/SR.19.
Page 8
its attitude in accordance with the constitutional rules of his own country.
After the approval of two-thirds of the Members, however, the amendment became final.
Paragraph 2, on the other hand, presupposed the ratification by the
different countries after a decision had been taken by the Conference, before
the amendment came into force. That was a fundamental difference between the
procedures in the two paragraphs, and the reason why it was felt to be
important that the affected governments accepted an amendment of a far-reaching
nature before it became finally binding. He hoped the sub-comittee would
have that consideration in mind. |
|
GATT Library | rd740tp5871 | Sixth Committee: Organization : Summary record of the Seventeenth Meeting. Held at the Capital, Havana, Cuba, Wednesday, 31 December 1947, at 4.00 p.m | United Nations Conference on Trade and Employment, January 2, 1948 | 02/01/1948 | official documents | E/CONF.2/C.6/SR.17 and E/CONF.2/C.6/SR.7/CORR.2-18 | https://exhibits.stanford.edu/gatt/catalog/rd740tp5871 | rd740tp5871_90050098.xml | GATT_147 | 1,354 | 9,634 | United Nations Nations Unies UNRESTRICTED
CONFERNCE CONFERENCE E/CONF.2/C.6/SR.17 2 January 1948
ON DU ORIGNIAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION SUMMARY RECORD OF THE SEVENTEENTH MEETING
Held at the Capitol, Havana, Cuba, Wednesday, 31 December 1947, at 4.00 p.m. Chairman: Mr. Eric COLBAN (Norway)
The CHAIRMAN announced that the Sub-Committes on paragraph 1 of
Article 83 had recommended a text (document E/CONF.2/C.6/33). The Committee
CONSIDERATION OF ARTICLE 84
Paragraphs 1 and 2 as drafted by the Preparatory Committee were
accepted on first reading.
Paragraph 3
The CHAIRMAN noted that a document had been presented by the
International Co-operative Alliance concerning the participation of
non-governmental organizations in the work Organization (document
E/CONF.2/15. page 5).
Mr. ODHIE (International Co-operative Alliance) declared that in London and Geneva the International Co-operative
Alliance had expressed the desire to co-operate with the Organization in the implementation of certain provisions
of the Charter. With national organizations in thirty-five countries,
representing ninety-five million families, the Alliance hoped to be able
to assist the Organization with information on consumer needs and other
questions, especially regarding agricultural production, thus complementing
the views of Members. Article 84 made possible such co-operation. The
Alliance, however, considared that it would be helpful to have more closely
defined provisions for assistance by non-governmental organizations in
different Chapters of the Charter where permanent contaot was to be ensured
and where such assistance ought to be requested automatioally.
The CHAIRMAN doubted whether it was necessary to extend Article 83
further since it already provided for co-operation with non-governmental
organizations, As no delegate asked to speak on the comments of the
International Co-operative Alliance, he declared paragraph 3 edopted on
first reading as drafted by the Preparatory Committee.
/paragraph E/CONF.2/C.6/SR.17
Page 2
Mr. KARMARKER (India) noted that paragraph 4 provided for the transerf
to the Organization of functions and resources of other inter-governentalm
organizations. His delegation therefore suggested that on the principle of
reciprocity, provision should be made for transfer - if desirable from, the
point of view of work - of the functions and resources of the Organization
to other Inter-governmental organizations.
Mr. MACHADO (Cuba) said that legal difficulties might arise in
connection with the transfer of the functions and resources of the
Organization to other organization, particularly as in some countries
international agreements formed a part of the constitution, While
appreciating the motives of the delegate of India, he felt that the present
text of Article 84 was adequate.
Mr. TANGE (Australia) thought that the question of transfer of
resources could be settled. by majority vote, as propose. by India, since
budgetary deciscions could also be taken by majority vote; the important
question of transfer of function should be, however, looked at as an
amendment to the Charter requiring a two-thirds vote by the Members of the
Organization.
Mr. STINEBOWER (United States) appreciated the concern of the delegate
of India regarding duplication of work, but he pointed out that there was
only an apparent parallel between the provisions of paragraph 4 and the
proposed sub-paragraph (d), Paragraph 4 visualized the absorption by the
Organization of smaller related organizations already in existence such as
those dealing with the publication of trade statisties. Transfer of
functions or resources of the Organization was an entirely different matter
and should only be carried out according to the procedure for ammendments to
the Charter.
The CHAIRMAN thought that paragraph 4 was bound to the principle
elaborated in paragraph 2 of Article 84. The Indian proposal seemed to
have been base on a misunderstanding of paragraph 2,
Mr. GAZDAR (Pakistan) supported the remarks of the representative of Cuba.
Mr. AMADOR (Mexico) shared the vievs of the representatives of Cuba and
Australia. He would not be able to accept the Charter if it included
provisions giving such latitutde to the Organization since the Charter,
if accepted and ratified by his Government, would ultimately be included into
the Mexican Constitution.
Mr. COUILLARD (Canada) stressed that any change in the functions of the
Organization would disrupt the desired balanced distribution of functions in
the Organization. He also felt that the matter had to be considered like an
amendment to the Charter and agreed with the Chairman that the Article
/contained E/CONF.2/C.6/SR.17
Page 3
contained ample provision for co-operation,
Mr. KARMARKAR (India) expiained that his proposal had been presented
after due consideration of the provisions of paragraph 2. He had felt that
since paragraph 4 provided for the implsmentation of paragraph 2 through
transfer of funotions to the Organizaiton, the Confarence might also wish,
in certain circumstances, to arrange for the transfer of its own power and
resources to other agencies, if the amendment were passed over, he reserved
the right to revert to it at subsequent readings.
The CHAIRMAN announced that Article 84 had been passed on first reading.
Articles 85, 86 and paragraphs 1 and 2 of Article 87 were accepted on
first reading as drafted by the Preparatory Committee.
ARTICLE 87 - Paragraph 3
The CHAIRMAN drew attention to the Secretariat redraft of paragraph 3,
which mentioned an annex to the General Convention on Privilsges and Immunities
of the Specialized Agencies. He Wondered whether the Secretariat might not
prepare such an annex for the Committee's consideration, provided the latter
agreed to amand Article 87 accordingly. There was also the possibility that
the Interim Commission, if establiehed, might, in preparation for the first
Conference of the Organization, examine the draft.
Mr. FAWCETT (United Kingdom) supported the Secretariat draft of
paragraph 3, It might be premature, however, to begin a compilation or the
annex at the present time, and he therefore supported the Chairman's second
suggestion.
Mr. KOJEVE (France) supported the representative of the United Kingdom .
The CHIRMAN thought that there was general agreement on the Searetariat
draft of Paragraph 3. The Committee seemed. to prefer his second suggestion
regrding the annex. In case the Interim Commission were not set up, the
Secretariat would prepare a draft annex for the Committee's consideration
before the end of the present Conference.
ARTICLE 88
The CHAIRMAN noted. that the representative of Peru had withdrawn his
amendments to that Article,
Article 88 was adopted on first reading as drafted by the Preparatory
Committee.
CHAPTER VIII
The CHAIRMAN pointing to the footnote on page 53 of the English text
of the draft Charter, thought that a strong Sub-Committee should examine that
Chapter (excluding Article 92, paragraph 1).
He nominated the following countries as members of the Sub-Committee:
Switzerland, Australia, Canada, Colombia, Denmark, France, Iraq, Italy, India,
Mexico, Netherland, Poland, Union of South Africa, United Kingdom
United States and Uruguay.
/The CHAIRMAN E/CONF.2/C.6/SR.17
The CHAIRMAN suggested that the representative Switzerland might be
Chairman of the Sub-Committee.
Mr.BEAL (Switzerland) reserved the right after consultation with the
head of his delegation, to decline the Chairmanship of the Sub-Comitteem
Mr. de GAIFFIER (Belgium), said that the important questionof
settlement of differences in the Organization directly affected international
co-operation. Furthermore, the Organization's decisions on economic questions,
as Well as on cases in dispute were of great importance in connection with
international law and jurisprudence. There could. be two kinds of
differences: (1) legal disputes, based. on a Members allegation that his
legal rights had been violated. In that case there was a possibility for the
Organization to request the advisory opinion of the International Court of
Justice; (2) none-legal disputes in which it might be necessary to prove the
legality of the Organization's decisions on the basis of economic or
political considerations. He wished to stress the importance of legal
guarantees for the impartiality and competence of the Organization's
decision in connection with the settlement of differences. The Organization's
authority and prestige would thus also be ensured. As far as the second
Point was concerned the Belgian delegation submitted proposals to Chapter VllI
in Geneva which, however, had not been accepted, Although these proposals
where not submitted. et the present Conference, his delegation would insist
that the term of reference of the Sub-Committee should include an
examination of the question as to what provisions would best ensure the
impartiality and competence of decision taken by the Organization on
political and economic questions, |
|
GATT Library | bm221km1772 | Sixth Committee: Organization : Summary record of the Thirtteth Meeting. Held at the Capital, Havana, Cuba, 27 February 1948, at 11.45 a.m | United Nations Conference on Trade and Employment, February 2, 1948 | 02/02/1948 | official documents | F/CONF.2/C.6/SR.30 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/bm221km1772 | bm221km1772_90050118.xml | GATT_147 | 2,182 | 14,118 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
F/CONF. 2/C. 6/SR.30
2 February 1948
ORIGINAL.: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUMMARY RECORD OF THE THIRTTETH MEETING
Held at the Capitol, Havana, Cuba,
27 February 1948, at 11.45 a.m.
Chairman:Mr. Erik COLBAN (Norway)
AMENDMENT TO SUB-PARAGRAPH (d) OF ARTICLE 69 AND PARAGRAPH 5.OF
ARTICLE 74 PROPOSED BY THE DELEGATION OF. THE UNITED STATES.
(DOCUMENT E/CONF.2/C.6/12/Add.12)
The amendment to sub-paragraph (d) of Article 69 and paragraph 5 of
Article 74 proposed by the delegation of the United States was adopted.
Mr G0MEZ (Colombin ) said that the explanatory statement regarding the
meaning of the expression "the Members" suggested by. the United States.
delegation, was of importance in the Franch and Spanish text also.
The CHAIRMAN proposed that the matter be referred to the Central
Drafting Committee,
Il. REPORT OF THE SUB-COMMITTEE ON CHAPTER VIII (E/CONF .2/C.6/83)
Mr. COULLARD (Canada) Chairman of the Sub-Comittee, introducing the
report, said that two corrections were required. One had.been issued,
:E/CONF.2/C.6/83/Corr.1.The other required the deletion of; "(a)" in line 3
Referring to the resarvations listed in the report, he pointed out that
most of them were formal and that there had been a satisfying degree of
unanimity.
ARTICLE 88A
Mr. MARTEN (United Kingdom) drew attantion to his dalegation's amendment
regarding the insertion of the word"appropriate" before the word
"procedure" in line 2 of paragraph 1. Theamendment had not been pressed
because the matter was being dealt with elsewhere but he reserved the right
to raise the matter later if he found it pecessary.
Mr. GOMEZ (Colombia) drew attention to te Colombian amendment designed
to anfeguard the undertakings of Members in respect of the International Court
of Justice, and to the Colombian reservation regarding the first proviso
to the annex to Article 95.
/Paragraph I was E/CONF .2/C.6/SR.30
Page 2
Paragraph I was adopted.
Mr. GAIFFTER(Belgium) wished to make an observation regaridng the
title of the Article, and the use of the word "unilaterul in paragraph 2.
Did the use of the word "unilateral" mean that bilateral moasures could be
used.? Article 88A, paragraaph 2 was, he believed, based on the old
Article 92, paragraph 3, and he considered that the idea contained in the
expression "in advance of a complaint to the Organization," in Article 92,
should not be omitted from Article 88A.
Mr. COUILARD (Canada) said that the title of the Article had been
debated at length. Since the Article doalt with the obligations of Members
to follow the procedure set forth in Chapter VIII, the Sub-Comittee falt
that the title was adequate, The word "unilateral" was to be construed
as meaning that no Member should on his own initiative take economic
measures contrary to the provisions of the Charter. Paragraph 3 of
Article 92 had been incorporated in Article 88A but the time element and
the idea of sanctions had been omitted.
Mr. KARARKAR (India) said that his country's acceptance fo Article 88A
was conditional on the acceptance of India's proposed amandmant to Article 94.
Article 88A, paragraph 2, was adopted.
ARTICLE 89
Mr. ALAYZA (Peru) asked. for an explanation of the vords "implicitly
or explicitly" used in Article 89, paragraph 1.
Mr. C00MBS (Australia) said that those words had been inserted to meet
the opinion of the Sub -Committee that a Member might properly have recourse
to Article 89 if the measures adopted by another Member under the proivisions
of Article 3 did not produce the effects which they were designed to achieve
and thus did not result in such benefits as might reasonably be anticipated.
Mr. OTANEZ (Venezuela) referred to the use of the word, "may" in
paragraph 1 of Article 89 and asked whether the procedure for consultation
was obligatory.
In Article 90, a distinction was made between matters arising under
Article 89 (1) (a) and (b) and matters arising under Article 89 (l) (c).
Mr. COUILLARD (Canada) said that Article 89 (1) (c) was intended to
cover situations brought about by a group of Members who could not be
distinguished. In such cases, consultations were impossible. As regards
the mandatory character of Article 89, he pointed out that the word "may"
in paragraph 1 was followed by the word "shall". 'He agreed with the
delegate of Venezuela that Article 89 was obligatory whenever possible.
/Mr. GAIFFER (Balgium) Mr. GAIFFIER (Belgium) reserved the position
provisionally pending receipt of hie governments
Paragraph 1 was adopted. Paragraph 2 was adopted.
Paragraph 3
Mr ROBIN (United States) proposed the insertion of the word
"discussions" before the word "consultation" in paragraph 3.
ARTICLE 90
E/CONF; 2/C .6/SR30
page3
If his dolegation provisonally panding receipt of his government's
opinion on Article 89 (1) Paragraph 1 was adopted. Paragraph 2 was adopted.
insertion of the word
"before the word "consultation" in paragraph 3.
paragraph 2 was adopted.
Mr. COUILLARD (Canada) replying to the representative of Peru, said
that whilo under paragraph 3 of Article 90 the Executive Board could release
Member from obligations, the Board's power was not unrestricted. Under
Article 90 a Member could request that the Board's action. be referred to the
Conforance for review. All three cases referred to in Article 89 (1) were
covored. by the paragraph but Article 90A provided a safeguard for Members.
Mr. OTANEZ (Venezuela) pointed out that the French and Engliah texts
of Article 90 (3) differed. The French text implied that action must have
been taken before being considered ineffective while the English text did not.
Mr. FORTHOMME (Bolgium) thought that the difference was important and.
that the power granted to the Executive Board by the English text was
excessive,
Mr. COUILIARD (Canada) said that the English text was authentic. The
Executive Board's power was not excessive and was subject to the proviso
regarding requests for review. .
Mr. FORTHOMME (Belgium) found the provisiona streange one. Under
Article 89 (1) (b) a Member might have applied a. measure not conflicting
with the provisions of the Charter and yet be subjected by the Executive
Board to a penalty,
Mr RUBIN: (United States) proferred the present text. He believed
the procedure proposed had the advantags of flexibility. Any ralease
of obligations granted was intanded to be compengatory, not as a punitive
measure.
Mr. FORTHOMME (Belgium) said any release from obligations was partly
punitive and Members must be given time to comply with the Executive
Board's recommendations before suffering punitive action. He proposed that
the words "action under Article 90 (2) (iv) and (v)" in lino 1 of
paragraph 3 be replaced by the words "action taken pursuant to a recomendation.
under Article 90 (2) (iv) and (v)".
..
..
..
..
..
..
..
.. E/CONF.2/C .6/SR,3O
Page 4
Mr. BLUZTEIN (Poland) recalled of the distinction made between
Article 89 (1) (a) (b) and (c).He falt that paragraph 3 was ambiguous
and likely to give rise to differing interpretations an had been made
clear by the preceding discussion. He support the Balgian delegate's
proposal.
The CHAIRMAN read out the Belgian proposal: "....action taken pursuant
to a request or a recommendation under...."
Mr. COOMBS (Australia) said the proposed amendment would require a
period of waiting for an action which might not be taken. The Board should
be allowed. some flaxibility and there was adequate protection against unwise
or extravagant actions of the Executive Board.
Mr. KOJEVE (France) agreed with those who falt there was little
differance between compensation and sanction. However, the Executive Board
should have authority to act in urgent economic situations and the English
text submiitted by the Sub-Committee was acceptable.
Mr. HAIDER (Iraq) said that the intertation of paragraph 3 given by
the representative of the United States was correct, but because of the
statements of the representatives of Balgium and France, it was necessary
to anlarge on thati ntepretation in order that there should be no doubt
as-to the meaning of that paragraph. . . ....
Alteration of the Genova text had eliminated all possibility of imposing
sanctions under Chapter VIII: The Excutive Board or the Conference would
not release from its obligations any Member who had not followed the
procedure and whose benefits were not so seriously damaged as to Justify
such action. Paragraph 7 of the Report of tho Sub-Committeo made this clear.
The Charter provided a balance between obligations and benefits; a,
Member might have made certain concessions in order to receive benefits, and :
if such a balance were upset and benefits accruing to a Member were
materially reduced, tiat Member could be allowed to reduce its obligations;
but such an action should not go beyond measures of compensation.
Paragraph 5 (c) of the Roport ot the Sub-Committee-defined the use
of the word. "matter" in Chaptor VIII. It might be advisable at times to
allow immediate compensatory action without investigating whether there
was conflict with the Charter. The last sentence of paragraph 3 of
ArticIe 90A did not use the word "affected",
Sub-paragraph (v) of paragraph 2 provided for a satisfactory adjustment
of an action not in conflict with the Charter; paragraph 9 of the Report
stated that sub-paragraph (v) "does not empower the Executive Board or the
Conforence to propose the suspension or withdrawal of a measure not in
conflict with the Charter".
/Mr. KAMARKAR (India) E/CONF.2/C.6/SR.30
Page 5
Mr. KARMAKAR (Indila) agreed with the statement of the representative
of Iraq and suggested that paragraph 7 of the Report should be included
as an Interprotative Note.
Mr. RUBIN(United States) agreed with the representative of Iraq, and
thought that considering the limitations put upon the Executive Board, tho
fears of the representative of Belgium that the Board might destroy the
Charter were axagerated.
Mr. FORTHOMME (Belgium) replied that his only fear was that the
restoration of equilibrium between otligations and benefits might be
accomplished by withdrawal of benefits to such an extent nothing would
remain on either side; his idea of maintaining balance would be to restore
the, benefit rather than to withdraw an equivalent benefit.
Mr. AMADOR (Mexico) favoured the Sub-Committee text of paragraph 3.
The Executive Board should have some power of action; in all cases the
method suggested by the representative of Belgium might not be applicable.
If parahaph 7 of the Report vero taken into account, there could be no
doubt that pararaph 3 of Article 90 referred to compensatory measures and
not to punitive ones.
The CHAIRMANstated that, inasmuch an the General Committee had asked
for a diminution of Interpretative Notes the interpretation contained in
paragraph 7 of the Report of the Sub-commi the Report of the Sub-Committee would be included in the Report
of Committee VI.
Paragraph 3 as submitted by the Sub-Committee was approved.
Paragraps 4 and 5 were approved without comment.
ARTICLE 90A'
Paragraph 1 was approved, after the Chairman of the Sub-Committee
suggested a minor drafting change in the French text, in response to a
question of the representative of Venezuela, in order to clarify the phrase
"if requested to do so within thirty days...."
Paragraph 2 was approved without comment.
Paragraph 3
Mr. KARMARKAR (India) asked whether, in view of the discussion of
Paragraph 3 of Article 90, it could be assumed that despite the difference
in wording, no punitive action was contemplated.
Mr. COUILLARD (Canada) replied affirmatively and added that the omission
of 'the" and "afferted" was deliberato and part of the balance of the
Article,
Paragraph 3 was approved. E/CONF.2/C.6/SR.30
Page 6
paragraph 4
Mr. WUNSZ-KING(China) wished it to be recorded that the substance of
the amendment to former Article 90 proposed by his delegation, to the affect
that decisions and duterminations of the Tariff Committee might be reviewed
by the Conference, was being considered alsewhere and would probably depend
upon the agreement reached by the Co-ordinating Committee.
Paragraph 4 was approved.
ARTICLE 91
Paragraph 1 was approved without comment.
Paragraph 2
.Mr, MacLIAM :(Ireland) suggested amending the phrase "upon the instance
of any Member whose Interests are thereby projudiced" to read. "at the
instance of an Member which considers that its Interests are thereby
preJudiced."
Mr. RUBIN (United States)proferred the wording submitted by the
Sub-Committee as preserved to the Organization a small measure of control.
The representatives of India and tho United Kingdom supported the
represetative of the United States.
Mr. COUILIARD (Canada) called attention to paragraph 10 of the Report
of the Sub-Committee: the intention was to exclude a remote, theoretional
o.unsubstantial request. ' ,..,
Mr. MacLIAsM (Iwhether the reland) aked Conforence would decidethe
deegree of interst It was his undorstanding that ld appeala country cou
to thoIntorational Couret f of Justicdoredo- it con9sorhat its interest
voerong ovor-rddoen by thao Coforonce.
DOR.Mr. xicoXAM0(Me sa.d tshaelegation was able to accept the textt hiedc
proposed by themmittee Sub-Co precisely because gof the rave difficulties
ightvhichtwise veise busd. Nevortheasslosea, eho fin aDo lysis it wasanasis
uep to th International Court of Jaustice nd noe Organization tot to th
sh whether a country's interests were oetablid. It was difficult
at the present time ta roeac na aexac text, but tho inalienablerihght o
a Stato to resort to tho International Court of Juastice mus be concerved
Paragraph 2 was approved. |
|
GATT Library | mh563dc0165 | Sixth Committee: Organization : Summary record of the Thirty-Fifth Meeting. Held at the Capital, Havana, Cuba on Tuesday 9 March 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/SR.35 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/mh563dc0165 | mh563dc0165_90050134.xml | GATT_147 | 1,993 | 12,975 | UNRESTRICTED
United Nations Nations Unies
E/CONF. 2/C.6/SR.35
CONFERENCE CONFERENCE 11 March 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUMMARY RECORD OF THE THIRTY-FIFTH MEETING
Held at the Capitol, Havana, Cuba on Tuesday 9 March 1948 at 10.30 a.m.
Chairman: Mr. E. COLBAN (Norway)
ARTICLE 78 POWERS AID DUTIES (DOCUMENT E/CONF.2/C.6/103/Add.1)
The CHAIRMAN drew attention to the fact that the same form of wording
used in Article 74 (5) might be used in paragraph 2 of this Article. It
was agreed to refer the question to the Central Drafting Committee and
subject to that, Article 78 was approved in second reading.
ARTICLE 93 RELATIONS WITH NON-MEMBERS (DOCUMENT E/CONF.2/C.6/96).
The CHAIRMAN drew attention to the amendment to Article 93 suggested
by the Chairman of the Sub-Committee after consultation with the representative
of Chile.
Mr. EVANS (United States) was prepared to accept the amendment, but as it
would provide an exception to the general rule, he proposed that it should be
inserted after the words "Members" in the fourth line of paragraph 2.
Mr, ALAYZA (Peru), supported by the representative of Argentina, could
not accept this proposal as it did not take into account the present terms
of Article 42, under which Customs Unions and Free Trade Areas would be limited
exclusively to Members. He also felt that the reference to Articles 15 and 42
should come at the end rather than in the preamble of the paragraph. He
suggested that a small drafting group be formed..
Mr, VELEZ (Colombia) opposed the suggested amendment to Article 93 because
lts adoption would mean that a state would benefit by not joining the
Organization.
Mr. NARAGHI (Iran) did not consider that the words "preferential
treatment" in paragraph 2 meant "preferential arrangements" as referred to in
Article 15. To make this clear, he proposed the substitution of the words
"exclusive advantages or benefits" for "preferential treatment".
Mr. MULLER (Chile) supported the remarks of the Peruvian representative
with respect to Article 42 and agreed that it would appropriate to prepare.
a new amendment.
./Mr HOLLOWAY E/CONF.2/C.6/SR.35
Page 2
Mr.HOLLOWAY (Union of South Africa) supported the Peruvian representative
because of the General principle that there should not be discrimination in
international trade,
On the suggestion of the Chairman, it was agreed that the Chairman of the
Sub-Committee, the representative of Belgium, end the representatives of Chile,
Peru and the United States would prepare a new form of words.
ARTICLE 83 A RELATIONS WITH THE UNITED NATIONS (DOCUMENT E/CONF.2/C.6/93).
Mr. GOMEZ-ROBLES (Guatemala), Chairman or the Sub-Committee on Article 83A,
said that he had certain changes to propose in the Report. To meet the views
of the Cuban representative; he suggest that a sentence be included in the
Report to the effect that the point of view of the Sub-committee was that the
"measure" referred to in paragraph 3 and the Interpretative Note applied only
to a measure which had been taken directly in connection with a political matter
with which the United Nations was seized in accordance with Chapters IV and VI
of the United Nations Charter and not to any other measure.
He also suggested that the third sentence of paragraph 15 of the Report
should read as follows: "It was also agreed that such a measure as well as
the political matter with which it was directly connected should remain within
the jurisdiction of the United Nations and not within that of the Organization."
He further suggested that the first sentence of the South African proposal
should be inserted at the beginning of paragraph 3 to read as following: "The
Members recognize that the Organization could not attempt to take any action
which would lnvolve passing judgement in whole or in part on essentially
political issues."
MR. HOLLOWAY (South Africa) explained. that as he had had no previous
knowledge of the suggestions put forward by the Chairman of the Sub-Committee,
he would have to await instructions before he would be able to give a firm
opinion concerning them.
He was grateful at the effort of compromise which had been made by the
representative of Guatemala and accepted unreservedly the suggestion to add
to paragraph 3, the first sentence of the South African proposal. He was
still disatisfied with the deliberately ambiguous wording of paragraph 3 which
could not mask the intention that with respect to certain cases of unilateral
action the Organization should preserve a completely neutral attitude.
He suggested that a sentence be inserted. in Article 83A to the effect
that an economic measure forming part of a political, matter should remain the
subject of consideration by the United Nations until the latter had taken a
decision that the economic measure could be decided by the Organization.
/In his opinion the all E.CONF.2/C.6/SR.35
Page 3
In his opinion the all important question was how the Conference was
going to deal with the rule of law that no circumstances justified country's
taking justico into its own hands.
Mr. COOMBS (Australia) said that while the suggestions of the Guatemalan
representative improved the Report considerably, he again had to call attention
to the fact that he was not in a position to make a political decision. He
had reported the substance of the present discussions to his Government but
as yet had received no fresh instructions and, therefore, could not accept
the new proposals. The real difficulty seemed to him to rest in the
interpretation of the words "and shall not be subject to the provisions of
this Charter" and for that reason, he was in favour of further efforts at
compromise.
Should the matter be pressed, he would have to ask that his proposal be
dealt with first, so that he would have an opportunity of registering his
support of it and his oppostion to the Sub-Committee Report and the amendments
to it.
Mr. WUNSZ-KING (China) emphasized the complex character of the problem,
of economic action arising out of political situations, for any provision
which would tend to prejudge a matter before it had been decided by the
United Nations, would be a disservice to both parties to the dispute. On the
other hand, to provide that the Organization would automatically countenance
unilateral action would be equally bad.
The adoption of the Australian proposal, unfortunately, would cause
certain states considerable anxiety and the same difficulties would exist
when discussion of the question was resumed in the Interim Commission. He
suggested the insertion of the words "and which is not inconsistent with the
provisions of that Charter" after the word "Nations" in the fourth line of.
paragraph 3, Such a provision would safeguard the Organization and at the
same time parties suffering in respect of the measure would be able to
challenge its consistency with the term of the United Nations Charter.
Mr. GOMEZ-ROBLES (Guatemala) felt that a decision on this question could
not be postponed to the Interim Commission for that would mean that any such
measure, whether justified or not, would. have to stop. In his opinion the
suggestion put forward by the representative of China was also unacceptable
because it infringed on the jurisdiction of the United Nations.
In connection with the Chinese proposal, he expressed the view that
only the United Nations could decide whether something was or was not
inconsistent with its Charter.
/Mr. COOMBS (Australia) E/CONF.2/C.6/SR.35
Page 4
Mr. COOMBS (Australia) suggested that the following words be added to
paragraph (3): "Unless the Organization upon the recommendation of the,
United Nations, given in accordance with any agreement with the United Nations,
shall decide otherwise".
The Committee agreed to postpone further consideration of Article 83A
until it could see the various amendments in writing ARTICLE 1
(document E/CONF.2/C.6/98).
The words "on a mutually advantageous basis" in paragraph 6 were deleted.
Ecuadoran Propoosal
Mr. COOMBS (Australia) supported by the representative of the Netherlands,
did not consider that the proposal was of sufficient generality to be included
among the purpose and objectives of the Charter. Further, provision already
had been made in the Charter for studying the disparity in prices and as that
was a controversial subject, the issue should not be pre-judged.
Mr. SAEMZ (Mexico) said that his government was vitally interested in the
relationship between the prices of raw materials and manufactured goods,
Articles 54, 69 and. 11 covered. the term of the proposal satisfactorily but
he would also support the inclusion of any general reference to the problem
raised by the representative of Ecuador.
Mr. NASH (New Zealand) expressed the view that the problem raised by the
representative of Ecuador was the most important single factor in the
development of depressions. With the deletion of the words "the necessity of
compensating", he was prepared to support the proposal.
Mr. GOMZ-ROBLES (Guatemala) pointed out that no reference had been made
in Articlel to the goal of the just division of wealth. The mal-distribution
of wealth was caused by price fluctuations, without which greater peace would
exist-batween countries and between man and society. He supported the
proposal as amended by the representative of New Zealand.
Mr. MARTEN (United Kingdom) said that while there might be disparities
between the prices of raw materials and of manufactured goods at the present
moment the price of raw materials was too high. That view was not shared and
hence tho need. for further study. The proposal had a further disadvantage in
that it would imply that Members would have to adopt price control legislation.
Mr. VELEZ (Colombia) warmly supported. the proposal, of the representative
of Ecuador.
Mr. WILCOX (United States) said that the meaning of the proposal was
obscure. Secondly, if it was assumed possible to achieve aquity between
/the prices of E/CONF.2/C.6/SR.35
Page 5
the prices of raw materials and manufactured goods, the method which would,
have to be used would be the international regulation of prices. If that
was to be one of the objectives of the Organization, neither the United States
Government nor people would be interested in giving it their support There
wus nothing in the Charter which would, permit the international regulation
of prices but the inclusion of the Ecuadoran proposal could, damage the Charter,
Mr. ZAFRA (Philippines) recalled. that his delegation had urged the
inclusion of a price stabilization clause in Article 54 (c). He had great
sympathy for the Ecuadoran proposal but in view of Articles 11, 54 and 69
ho did not feel that its inclusion should be pressed
Mr. COUILLARD (Canada) said, that he could, not support the proposal,
because the International regulation of prices was not one of the objectives
of the Charter and the inclusion of a generalization conoerning the disparity
in prices would be too ambiguous. It was proper, however, that the subject
could be studied, under the provisions of other Articles of the Charter,
Mr. BLUSTAJN (Poland) said that the Ecuadoran proposal was not merely
a theoretical concept but that his country had suffered greatly from the
disparity which existed between the prices of raw materials and of manufactured
good. If the proposal were to be inserted in Article 1, It would be possible
to put it into practice in connection with inter-governmental commodity.
agreements.
Mr. HAIDER (Iraq) expressed the view that the symptoms of disparity
were prices but that the reasons for it were the condition of production,
He felt sure that a compromise form of words could be found which would
make clear that the Organization was not intended to carry out the
international regulation of prices. He suggested the inclusion of something
along the lines of the following: "to foster and assiat the existence of
conditions which would. bring about and, maintain equitable relationships
between the prices of raw materials and of manufactured goods" A Working
Pasty could be established, to make clear that the Organization should deal
not so much with prices as with conditions of production. ln this way the
provision would, be closely linked to the terms and objectives of Chapter III
of the Charter. |
|
GATT Library | rm486qz1594 | Sixth Committee: Organization : Summary record of the Thirty-Fourth Meeting. Held at the Capital, Havana, Cuba, Thursday, 4 March 1948, 4.00 p.m | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/C.6/SR.34 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/rm486qz1594 | rm486qz1594_90050129.xml | GATT_147 | 3,086 | 19,782 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.34
ON DU 5 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUMMARY RECORD OF THE THIRTY-FOURTH MEETING
Held at the Capitol, Havana, Cuba, Thursday, 4 March 1948, 4.00 p.m.
Chairman: Mr. E. COLBAN (Norway)
ARTICLE 75
It was agree to insert in the Report of the Committee in connection
with Article-75 the following: "The text of Article 75 implies that each
member of the Executive Board shall act for the Organization as a whole
having in view the interested of all its Members."
There was no support for the suggestion of the representative of
South Africa that the word " representative" be replaced by "nominee" in
paragraph 1 of Article 75.
ARTICLE 83A
Mr. FER (Turkey) said that it vas only realistic to recognize that a
situation might arise wherein a country would feel obliged to take economic
measures directly connected with political matters. Such action should
follow a special course and the Charter should make particular provision
for it. The Organization was of a non-political character; other
international organizations were more qualified to deal with such issues.
Therefore, he strongly supported the representatives of the United Kingdom
and India to the effect that the Organization should deal only with purely
economic and commercial. matters, leaving economic matters directly connected
with politics in the hands of the United Nations.
Mr. STUCKI (Switzerland) agreed that the United Nations should deal
with political matters. There were two aspects which were not clear to him.
Firat, what would be the situation in the following case: country B, a
Member of the United Nations, applied extreme economic measures against
country A, a non-United-Nations Member; country A, complained to the
Organization, country B claimed that the measure was related directly to
politics, and the Executive Board, although agreeing that the matter was
exaggerated referred it to the United Nations because of its political
nature. But country A, did not wish it to go before the United Nations
/since country B E/CONF.2/C.6/SR.34
Page 2
since country B had influence there and country A had none; and country B
refused to arbitrate. Would country A remain without protection under the
Charter?
Secondly, if there were no political motives in formulating the
Charter, in accordance with the policy adopted by the Conference, it was
difficult to understand why paragraph 3 of Article 83A failed to take
a definite stand against the important factor of unilateral coercive
measures, which was contrary to the purpose of the Charter.
Mr. KARMARKAR (India) wondered whether in the light of previous
discussions injustice was not being done to the rule of international law.
No Charter could destroy the sovereign right of states to interpret
international law universally accepted. The purpose of the Charter was
international collaboration on a non-discriminatory basis and the
Organization could not interfere in a decision of the United Nations.
The whole issue was whether a matter came within the scope of the
United Nations. If it did, the Organization became unseized of that
matter and the United Nations alone could judge it, Moreover, the
Organization. should neither permit, condomn nor pass judgment regarding
such matters. It would have been understandable had pragraph 2 of
Article 88A stated that no country should take unilateral action insofar
as the jurisdiction of the Charter was concerned; but the present text
was beyond the term of reference of the Conference and outside the
jurisdiction which the Organization could ever posses.
Mr . ROWE (Southern Rhodesia) said that under Article 88A Members
undertook to rely on the procedures of the Charter as regards complaints
and not to resort to unilateral eoonomic measures but paragraph 3 of
Article 83A would in fact allow such measures if some political justification
could be found for them. The way to ensure that the Organization would
not entangle itself in political matters was to exclude from the Charter
all references to such matters. He supported the Australian proposal.
Mr. MARTEN (United K.ingdom) said that it was essential that the
Organization should not become involved in political questions. In answer
to Mr.Stucki (Switzerland) he pointed out that country. A, if economic
sanctions were imposed against it by country B, could have resort to the
Organization under Chapter VIII. The provisions of paragraph 3 of
Article 83A.would not apply. If country B said that it was acting for
security reasons it could only do so under the provisions of Article 94
The only case in which country B could apply economic sanctions under
Article 83A would be one in which such sanctions were connected with a
dispute before the United Nations under Chapters IV and VI of the
/United Nations E/CONF.2/C.6/SR. 34
Page 3
United Nations Charter. Both the case of disputes with non-Members of
the United Nations and the suggestion that a country might deliberately
trump up a political dispute were hardly more than theoretical possibilities.
Mr. SPEEKENHRINX (Netherlands) was emphatic that political matters
should be kept out of range of the Organization, but the complexity of the
subject made it impossible to come to a final conclusion, the more so
because size delegations, including his own, would find it necesary to
consult their governments. He supported the Australian proposal.
Mr. ALAYZA (Peru) stated that Members undertook to refrain from
unilateral action in normal cases but it could not be rigidly laid down
that if a Member felt his case was a political one the Organization should
automatically refer it to the United Nations. The correct procedure would
be for the Organization to decide whether the economic measures emerged
from or were related to a political situation. There principles must be
borne in mind in reward to Article 83A:
(i) that the Organization should not be concerned with political
matters;
(ii) that it was within the purview of the Organization to decide
whether an economic measure was related to a political
question and
(iii) that the decisions of United Nations would be the solution
of any matters referrad to them.
The Sub-Committee Report did not state these principles and indicated
in paragraph 15 that a Member would be judge in its own cause.Decision
on this question should be postponed; the question of reference to the
International Court of Justice had already been given over to the Interim
Commission and it would be appropriate to follow this procedure here.
Mr. KOJEVE (France) was uncertain of the intrinsic validity of the
proposed. new Article. Since it was essential to get general agreement
on this matter it would be best to discuss it but to follow the Australian
Suggestion if no generally accepted solution could be found.
Mr. AGUILAR (Mexico). supported the Report of the Sub-Committee because
the dangerous nature of political matters might undemine the authority
of the Organization which should be guided by the decisions of the
United Nations on political. questions. .-
Mr. ROUCHDY (Egypt) also supported the Report of the Sub-Committee,
The representative of Burma also supported the Report of the Sub.-
Committee.
Mr. MaCARTHY (Ireland) was in sympathy with the remarks of the
/representative E/CONF.2/C.6/SR.34
Page 4
representative of the Netherlands. The draft seemed to put a small country
at the mercy of a big country and there was the further complication that
Ireland was not a Member of the United Nations. He supported the Australian
proposal.
Mr. STUCKI (Switzerland) emphasized the importance of this matter for
his country which was small and whose political creed must therefore be
one of respect for right and refusal to act unilaterally. The remote
character of his example must not be allowed to detract from the possibility
of a similar specific occasion arising in the future. The idea that if
two countries were in conflict they had the right to take unilateral action.
was extremely dangerous. If it was impossible to reach a solution which
excluded unilateral coercive measures, then the Australian proposal should
be adopted.
Mr. NASH (New Zealand) said that the Committee should make rules to
cover general situations and not to meet particular cases. The Report
gave a Member the power to drop the rules of the Charter. If the United.
Nations took a decision on a matter referred to it and if then that
decision was not obeyed by one Member, it was doubtful whether the affected
Member should use the Organization to achieve an end it could not otherwise
achieve. There was no provision which would give a cessation of the
action being takes by the affected Member. There was the further question
of whether it was justifiable to use economic means to attain a political
end. The implications of these points were so wide that the Committee
should not come to an immediate decision. He supported the Australian
proposal.
Mr. HOLLOWAY (South Africa) referred to the example quoted by
Mr. Stucki of a country which was not a Member of the United Nations. If
the Organization judged that a complaint was outside its scope, it could
suggest to the non-Member that the good offices of the United Nations be
used or it could suggests arbitration. But even the possibility of deadlock
was not a valid objection to the establishment of the rule of law.
The representatives of Burma, Mexico, Peru and Turkey had after
supporting the Sub-Committee Report in effect argued in favour of the
South African amendment by calling for a clear statement that politics
should not be introduced. into the Organization. The representative of
Czechoslovakia.had also given a certain support to the South African
amendment by arguing that the Charter should apply after the United Nations
had given its findings on the political aspect of a matter referred to it.
The representatives. of India and Pakistan had seemed to suggest that the
/rule of-.law E/CONF.2/C.6/SR.34
Page 5
rule of law was very desirable principle to apply to other countries but
not to their own. The representative of the United Kingdom had not
explained why it was necessary to abandon the Charter after an economic
issue with political aspects had been referred to the United Nations;
further, in suggesting that a country could under the preesure of public
opinion resort-to unilateral economic measures with impunity, he had.
admitted his disagreement with the provisions of Article 88A. In fact the
representative of the United Kingdom had on a previous occasion gone so
far as to admit that the Charter would neither permit nor condemn such
unilateral measures.
Owing to the inherent difficulties of the case he would withdraw the
South African amendment if the Australian proposal were accepted.
Mr. MARTEN (United Kingdom) said that the Charter was note abandoned
in the case quoted. by the representative of South Africa. The Charter would
continue to apply to the technical matters properly belonging to the
Organization but it would not apply to economic measures emerging from a
political situation. If it were to apply in the latter case, the
Organization would have to deal with those very political questions which
everybody agreed:should: be excluded from it.
Mr. HAIDER (Iraq) said that the problem facing the Sub-Committee
related. to economic meaures.connected with political matters. The Sub-
Committee had decided to limit the Article by taking into account only
those matters which were brought before the United Nations in acoordance
with Chapter IV or VIof the United Nations Charter. All other disputes
were excluded Secondly, the only economic measures that were relevant
were those which were "directly in connection with" the political matter;
the Qrganization would decide if this were so or not. If it were found to
be so, then clearly the Organization was not the competent authority to
deal with the measure because the measure was only a part of the general
political complex.
He did not agree with the these of the South Africa representative.
Once. the. Organization had decided that an economic measure was directly
in connection with a political matter, the matter was automatically
referred to the United Nations. That body was free to debate the matter
and the, measure either together or separately. If the; Sub-Committee
Report was not accepted, the measure and the matter would be separated.
and the former made illegal under the Charter. This would be tantamount
to a political decision. Acceptance of the Report on the other hand
would not diminish the right of any United Nations organization to take
decisions on matters falling within its proper scope.
/Nor could. E/CONF.2/C.6/SR.34
Page 6
Nor could he accept the Australian proposal. If no provision at all.
were included in the Charter there would be no distinction between purely
economic measures and economic measures with political aspecte, so that
the comission would again involve a definite judgment. Members must be
clear on the nature of their obligations and therefore all economic
measures which were bona fide part of a political situation must be
distinguished and set aside.
Mr. COOMBS (Australia) could not accept the view of the representatives
of Iraq that the adoption of the Australian proposal would prejudge the
issue. The problem to be decided was how far the rules of the Charter,
which clearly envisaged ordinary political relationships between Members,
should apply in the case of a politicaI dispute. A decision on this
question would be a political one and, therefore, it should not be taken
until the United Nations had considered the matter.
It would not be unreasonable to state in the report that the
Conference had encountered this difficult question and, influenced by the
fact of its political character, had decided that it should be considered
by the United Nations before any decision was taken. At a later date, it
would be possible to include in the Charter or in the relationship
agreement, the decision of the Organization concerning this question so
that Members would be able to know the extent of their obligations.
Mr. HAKIM (Lebanon) asked the representative of Australia how it
would be possible for representatives to sign the Charter at Havana if a
further important provision were to be added to it at a later date.
The CHAIRMAN drew the attention of the representative of Lebanon to
the fact that the matter could be treated in the same manner as had been
decided upon in connection with the reference to the International Court
of Justice.
Mr. MONDELLO (Italy) said that his delegation would continue to
maintain its reservation on Article 94 (2) (a), pending further instructions
from the Italian government.
REPORT OF THE SUB-COMMITTEE ON ARTICLE 93 (document E/CONF.2/C.6/96).
Mr. FORTHOMME (Belgium), Chairman of the Sub-Committee said that the
Sub-Committee. had discussed the difficult question of relations with non-
Members at some length and had come to the conclusion that a succinct
text would provide the best solution. He explained the various paragraphs
of the text.
Mr. MUILUR (Chile) pointed out that Article 15 (4) as it had emerged
from the Co-ordinating Committee made provision for preferential agreements
for economic development "between Members". Article 93 (2), as it now
/read E/CONF.2/0.6/SR.34
Page 7
read would. make it impossible for a preferential agreement to be concluded
with a non-Member.
Mr. EVANS (United States) said that Article 15 only limited preferential
agreements to Members in connection with the application of the automatic
criteria. By a two-thirds majority vote, the Conference could permit the
establishment of an agreement with a non-Member and such a decision, in
his opinion, would override the provisions of Article 93,
Mr. LAMBOGLIA (Argentina) said that he had been authorized to withdraw
his general reservation on Article 93 on the understanding that the
underlying principle of the present text was the same as that of the
compromise proposal put forward by the representative of Czechoslovakia
in the Sub-Committee.
Mr. BLUSZTEIN (Poland) would have preferred Alternative A of the
Geneva Draft to the present text of Article 93. The division of the world
into Members and non-Members would not serve to achieve the aims of the
Organization, Countries rather should be judged by their ability to
contribute to the expansion of world trade and to the raising of living
standards, The present text was vague and ambiguous and, therefore, he
reserved. his position on it.
Mr. MULLER (Chile) could not accept the explanation put forward. by
the representative of the United States. The Article dealing with the
special difficulties concerning relations with non-Members should not
contain a provision which would prevent the conclusion of preferential
agreements with non-Members, if the non-Members were able to satisfy the
term of the automatic criteria.
The CHAIRMAN adjourned the discussion of Article 93 and requested
the representatives of Chile, Belgium and the United States to find a form
of words which would satisfy the position of the representative of Chile.
REPORT OF THE SUB-COMMITEE ON ARTICLE 1 (document E/CONF.2/C.6/98)
Mr. AGUILAR (Mexico) said that he would withdraw his amendments to
Article 1 if the words "on a reciprocal and mutually advantageous basis"
were inserted after the word "trade" in paragraph 4.
Mr. MARTEN (United. Kingdom) could not accept this proposal because
it would imply that the elimination of preferences should not be on a
reciprocal and mutually advantageous basis.
To meet the views of the United Kingdom representative, Mr. AGILAR
(Mexico) suggested that the words which he proposed should be inserted
after the word "promote".
Mr. MARTEN (United Kingdom) agreed.
/Mr. KELLOG E/CONF.2/C.6/SR.34 Page 8
Mr. KELLOG (United. States) reserved his position on the Mexican
proposal pending consideration of it by his delegation.
Mr. GUERRERO (Ecuador) said that as he had received no instructions
to the contrary, he had to prees for the inclusion of his proposal
regarding Article 1. It was based on a General Assembly resolution of
29 January 1946 which had been accepted by the representative of thirty-
six countries In an attempt to meet the views of the Working Party, he
had put forward an alternative form of words which or originally had been
accepted at the Chapultepec Conference on 7 March 1945. It Contained an
important principle for the raw materials producing countries and he urged
that it be accepted by the Committee.
The CHAIRMAN explained that this proposal had been opposed in the
Sub-Committee on the grounds that the principle which it contained was
already covered by the terms of Article 69.
The representatives of Peru, Bolivia, Argentina and, Chile warmly.
supported the proposal of the representative of Ecuador.
Mr. FORTHOMME (Belgium) could not accept the proposal because it was
impossible to compare the original price which the farmer received. for
the raw material with that received. by the manufacturer for his manufactured
product. |
|
GATT Library | pb098fh1526 | Sixth Committee: Organization : Summary record of the Thirty-Second Meeting. Held at the Capital, Havana, Cuba Monday, 1 March 1948 at 2.30 p.m | United Nations Conference on Trade and Employment, March 3, 1948 | 03/03/1948 | official documents | E/CONF.2/C.6/SR.32 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/pb098fh1526 | pb098fh1526_90050123.xml | GATT_147 | 2,383 | 15,774 | United Nations . Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED.
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 3 March 1948
SIXTH COMMITTEE: ORGANIZATION.
1.DISCUSSION OF THE MAENDMENT OT THE ANNEX TO ARTICLE 95 PROPOSED BY THE
Held at the Capital, Havana, Cuba
Monday, 1 March 1948 at 22.30 p.m.
E/CONF.2/C.6/83/Add.1) was accepted.
Chairman: Mr. E. COLBAN (Norway)
1. - DISCUSSION OF THE AMENDMENT TO THE ANNEX TO ARTICLE 95 PROPOSED BY THE
DELEGATION OF THE UNITED KINGDOM (DOCUMENTS E/CONF. 2/C/6/83 and
E/CONF.2/C.6/83.Add.1)
The Uitd engdom amendment ot hhe Annex to Article 95 (document
E/CONF.2/C 6/83/Add..1) was accepted.
It was agreed to establish a Workngi Partyconsieting of the
representatives of New Zealand, Australia, Egypt, France nd thea
nited Kingdom to consider the proposed New Zealandeamendment ot Article 68,
(dcuomentE /CNF./2/C/6/W.88) which would incoude under paragraph 5 "anyW
ther special regime in which two or more cQuntries are concorfd as partiest
o an inter-governmental agreement whether or .ot all countries party to suchp
greement are activaly angaged in the administration of the regime." Thed
reportshould be submitted by 3 Marob,
2, REPORT OF THE SUB-COMMITEE ON ARTICLES 95, 96, 89, 99 AND 100UPON TRE
MENDMENT TO ARTICLE 99 PROPOSED BY THR DELEGATION OF THET
NITED KINGDOM (DOCUMENTS E/CONF/2/C/6/12/Add.13 and E/CONF.2/C.6/82!
r. DAO (China) was cpmcermed with the effect the amendment might haveo
pon tariff nagotiations concluded in Geneva, as well aswhether certaint
egotiations on behalf of non-self-governing territories would later beb
esumed. He suggested that an expalnatory note similar to paragraph 2,w
E:/CONF.2/C.6/W.114) hould be included to the effect that the provivisionst
fo paragraph 1 of Article 99 in no way affected rights or obligationsl
nder or pursuant ot paragraph 4 of Article XXVI of the General Agreement,e
he CHAIRMAN stated that legally that was a correct interpretation.j
here was no objection to inserting such a note in the Report of the t
Committee, but the General Agreement was a treaty which could not be
over ridden byD
.
. E/CONF.2/C.6/SR.32 Page 2 over-ridden by the Charter and would remain in force unless altered by mutual
consent.
Mr. .MARTEN (United Kingdom) said that Article 99 was not one of the
Articles which would supersede certain Articles of the General Agreement,
There was an agreement between the United Kingdom and China that In due
course tariff negotiations affecting Malaya would be considered; there was
no necessity for making referance to that in the Charter; confirmation could
be obtained through normal diplomatic channels. Moreover, as long as the
United Kingdom was a contracting party to the General Agreement it was bound.
by certain undertaking, whether or not it accepted the Charter; non-acceptance
of the Charter would.preclnde obligations toArticle 17.
Mr. DAO (China) thanked the representative of the United Kingdom, but
: felt that the new Article 99 could give rise.to doubt as to whether the
separte customs territories could legally be expected to carry out
negotiations under Article 17. ;
It was agreed that a note should be included in the Report of the
Paragraphs 1 and 2 were approved.
Paraaraphs 3 ws approved.
3. EXPLANATORY NOTE TO ARTICLE 99 PROPOSED BY THE DELEGATION OF GUATEMALA
(DOCUMENT E/CONF.2/C/6/12/Add.22)
THE CHAIRMAN stated that on 28 November 1947 the President of the
Conference had said that the Conference was of an economic and technical
nature and representatives should refrain from statements of a political
character. The proposed explanatory note did not seem to come within the
competance fo the Conference.
Mr. GOMEZ-ROBLES (Guatemala) stated that the purpose of the amendment
was to exempt the Organisation from any possible political implications.
One of the objectives of the Charter of the United Nations was to maintain
peace and security. Without neutrality, settlements became difficult and
peace wavared. Mutual understanding and faith were necessary. The
organization should not at any time depart form neutrality; it should put
any politioaI dispute aside in order not to endanger its impartiality; its
obligation was to watch over the economic well-being of all.
The proposed NOte would state the principle of Amerticatnt Itnternational
Law that he provisions should not be applicable to territories subject of
claim or disputts beween State of the American Continent and non-American
States. Article 99 and the principles of the Charter should be
complementary; such a note would safeguard neutrtatlitty. The anachroniem of
/colonialism in, E/CONF.2/C.6/SR.32 ;
Page 3
colonialism in the Western Hemisphere was against American law and against
international .trade
If it were the wish of the Committee, a more general wordinig of the
Note would be acceptable.
The CHAIRMAN .said that the exposition of the representative of Guatemala
clearly indicated the political purpose of the, Note a nccord icnawithdane
the ruling eof th Prnesif det othe Conference, it hasssary to rule that nece
the matter was outside the competence of the Conference, In so ru,lling no
Wordwas spoken againset thosubstance of the Suggestion.
Mr. MUNOZ (Ch ile)accepted the Chairman's ruling but expressed full
sympathy foer th views of the representative of emala.Guat
Mr. OTANEZ(Venezuela),Mr. LAMBOGLLA (Argent ind)and '
Mr. JIMENE)Zwould also respect the docision of the ( El Salvador Chair but
supmalan proposal, Mr. Jimenez suggesting that a ntoe be addedonsported the G
to the efplication that ttttttttttthould not tfec:hat the apspre-judge case-
involvin g disputes overterritories.
MiI. GObEZ-ombîa)upported the representative of El Salvador. -
-SERRATO Mr. GARGA-uguay-) upported ethe represcnttiemala.ve' o 'Gutoie
Altehough the not did trespase on political. ground,refer it did no't to any
Bpèeial. 'genaseral iprInile adni te text relected the èxistenceo- -esten`cb
a lems. It wouidi not be In cotradiction to the principradeles of tide
and employment to redraft the note In the spirit of the languaege of th
Charterin order'guard the reign of law.0to safe
M DOMACHA)D suba) eai. i vas difficult to define the clear line
between politics and eçcnomic. Perhaps-a Workine Part 'could atudy the
subJct from an economic point oewf vivand present a note inclusion in or n
the Reoport f the Committee.
LAYZA Mr AAeru) supported the Note and -is'pr'pse thacceptanceCt at
of Article 99 shouldi not ntend the prei-judgng of disputes rearding
territ;oreies h supported the prloof the posa representative of Cuba for a
ng Party.Wok '
UILARuMrAGMoexici supported the Guatemalan proposal, and, scubjeo-
to theng of the Chair, rupported the Cli suuban proposal.
HAIRMAN TheCIould ngot aBee to the proposal for furtsher t udy.vhe
Francisco Charter dealt with politicallaSeaspects; technical'organzanstios
d noulrfere with the work of the United Nations, orehout furthering theirf6rt
purposes, were they to look for the complications which might arise fromowIp
polit considerstions. THe ruling that the matter was outside thehte
competence oe f thConference must be maintd.aine E/CONF.2/C.6/SR.32
Page 4.
Mr. MUNOZ (Chile) protested the decision.and thought the Cuban suggestion
the proper procedure.
. Mr. GOMEZ (Colombia) accepted the decision but stated that his delegation
would reserve its position regarding Article 99; he supported the Cuban
proposal for a Working Party.
Mr. GARCOA-SERRATO (Uruguay) areed with the representatives of Chile
and Colombia. The Guatemalan note involved a problem of economic relations
as well as political and legal aspects.
Mr. MACHADO (Cuba) accepted the ruling of the Chair, and propose that
discussion be suspended and that without including, the question on the agenda,
perhaps an unofficial a working party might be able to bring in a
non-political solution.
The CHAIRMAN replied that it was the duty of the Chairman to submit, to
a Committee any, Committee any suggestion presented in proper form, but it was importable for
the Chair to make any compromise on its ruling. Since a number of delegations
had expressed keen sympathy for the proposal;.but had accepted the ruling
of the Chair, the general sense of the Comittee seemed to be to close the
discussion and make proper record in the minutes of the meeting.
Mr.G0MEZ-ROBLES (Guatemala) could not agree with the decision to reject
an amendment the purpose of which was to safeguard the interests of third
parties. It was not his intentions to introduce political questions, but
political and economic problems were interdependent. The Organization should
.not by its actions permit a dispute to be prtte-Judged. A formula as suggested
by the representative of E1 Salvador should answer the problem.
Mr. JIMENEZ (E1 Salvador) said he had not accepted the decision of the
Chair, although the argument were strong and valid, and felt that the Cuban
suggestion for an informal working party would solve the problem
The CHAIRMAN said his ruling must staand; it was neither necessary nor
desirable to create a working party.
Mr. GOMEZ-ROBLES (Guatemala) reserved his position as to ARticle 99;0
none of the prtovisions fot that Article could influence the position of his
government or the territories under its sovereignty which were the object
of claim or disputs, even if they were being held by another government.
Mr. MUNOZ (Chile) accepted the decision of the Chair, but reserved the
poaition of his delegation to Article 99 panding consultation with his
Mr. AHIO;ST (Mrcovp) and Mr. LAMBOGLIA (Argentina) also reserved their
On the point of order by the representative of Cuba, the CHAIRMAN
Stated that the ruling of the Chair had priority.
/On taking the
. E/CONF.2/C/ 6/SR.32
Page 5
On taking the sense of the meeting, the ruling of the Chair that the
matter was not within the competence of the Conference upheld,
Mr.GOMEZ (Colombia) stated that the reservation of his delegation was
not to Article 99 as such but that by approving the Article his government
could not be regarded as reflecting its was upon the issue of any
territory subject to disputs.
The, CHAIRMAN requested the representative of Colombia to submit the text
of his reservation in writing for inclusion in the Report of the Committiee
He remarked that the Charter obviously could not pre-judge anything outside
the competence of the Conference.
The representatives of Ureguay, El Salvador and Venesuela made
reservations similar to that of the representative of Colombia.
Mr. AGUILAR (Mexico) replying to a question by the Chairman, stated that
the Mexican amendment to paragraph 3 of Article 99 contained in document
E/CONF.2/C.6/12/Add.18 was a new amendment, but because some countries
could not for administrative reasons accept it, the amendment was withdrawn.
4. REPORT OF THE WORKING.PARTY ON PARAGRAPH 2 OF ARTICIE 98
(DOCUMENT.E/CONF.2/C.6/79)
The CHAIRMAN stated that the Working Party appeard to have solved the
problem of how many ratifications were required to put the Charterter into force.
He pointed out that the Working Party recommended that the first conference
should not be convered within the first four months following the entry-into
force of thet Chtarer, and that the Working Party of the Interim Committee
had suggested ttha the date should be not later thatn six months.
Mr. MAMTEN (United Kingdom) felt that if both sugestions were adopted,
there might be technical difficulties in supplying services of the Secretariat
of the United Nations should the two-months period occur at a time other
Important conferences were taking place. He agreed a Confarance should not be
held before four months but some consideration should be given to the six
months rule.
The CHAIRMAN agreed to present this point to the Working Party.
Mr. GARDCIA SERRATO (Uruguay) said that his delegation maintained its
original point of view regarding the effective date of the Chartar. He
reviewed previous discussions concerning the number of ratificatins, the
volume of trade represented and the effective date, and suggested that the
original proposal of Colombis, supported by Cuba and agreed to by the
United Kingdom might still be a reasonable solution.
. .
. E/CONF.2/C .6/SR.32
Page 6:
The CHAIRMAN said it was inconceivable that if there were twenty.
ratifications after one year they , would not represent from 75-9O percent of
world trade The points so rightly brought up, was implicit in the text.
Mr. GOMEZ (Colombia) said that his delegation had accepted the text
as a compromise,
Mr. MARTEN (United Kingdom) agreed with the Chairman and state that a
figure had been omitted because of the technical difficulties which would arise
ln computing a precise percentage. It vas recognize. that.the first twenty
acceptances would have to include the important trading nation. Even five
of the greatest trading nations would represent 50 percent of world trade,
and it vas considered that the first twenty would represent over 66 percent.
Mr. GAPCIA-SERRATO (Uruguay) appreciated the explanations but falt that
his original amendment to paragraph 2 of Article 98, submitted with the
delegation of Mexico, was step forward from the Geneva text. He agreed that
the first twenty would represent a large percent of world trade, but doubted,
if there verse only twenty ratifications, whether under Article 63, the
Organization could be recognized as a specialized agenoy. It was to be
hoped. that the work of the Co-ordinating Committee together with the
'constructive support of all delegations would cause ratification by the
majority of those countries represented at the Conference.
The delegation of Uruguay reserved its position provisionally to
Article 98.
Mr. MACHADO (Cuba) stated that the compromise was acceptable sinçe it
provided the safeguard. not only a simple majority, but of a majority plus
volume of trade,
, The CHAIRMAN stated that the attention of the Central Drafting Committee
would be called to a drafting point raised by the representative of Ireland
concerning paragraph 2 (b).
Artic.e. 98 was approved, subject to the reservation of Uruguay and to
the drafting point mentioned.
5. SECOND READING OF PARAGRAPHS 3, 4, 5, 6 and 7 OF ARTICLE 74 (P0WERS
,AND DUTIES OF THE CONFERENCE) (DOCUMENTS E/CONF.2/C.6/20,
E/CONF.2/C.6/25 and E/CONF.2/C.6/86)
The CHAIRMAN noted that paragraphs 1 and 2 could not be established until
there results of the study of the Tariff Committee were known.
Paragraph 3 was approved subject to the reservation of Chile pending
the final text of Article 15.
Paragraphs 4 and 5 were approved. (Paragraph 5 text as contained in
document E/CONF.2/C.6/12/Add.19).
/Paragraph 6
/. E/CONF.2/C .6/SR.32
Page 7
Paragraph 6
Mr.. KELLOGG (United, States) suggested deletion of the word "a" in the
next to last line of paragraph 6. Accepted.
Mr. MacLIAM (Ireland) asked whether any study of the question of a
maximum budget of the United Nations had been undertaken. The CHAIRMAN
replied to his knowledge no such study had been made.
Paragraph 6 was approved,
Paragraph 7
Paragraph 7 was approved.
Article 74, with the exception of paragraphs 1 and 2, was approved in
second reading, |
|
GATT Library | mq849fn8654 | Sixth Committee: Organization : Summary record of the Thirty-Seventh Meeting. Held on Wednesday, 10 March 1948, at 4.00 p.m | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/SR.37 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/mq849fn8654 | mq849fn8654_90050137.xml | GATT_147 | 1,858 | 12,704 | United Nations Nations Unies UNRESTRITEDC
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.37
ON DU 11 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATONI
SUMMARY RECORD OF THE THIRTY-SEVENTH MEETING
Held on Wednesday, 10 March 1948, at 4.00 p.m,
M. E. COLBAN (NORMAY)
1. CONSIDERATION OF THE PROPORAL OF THE DELEGATION OF MEXICO TO INSERT.A
MEW PARPGRAPH 2 IN ARTICLE 1. (Dcoumont E/CONF,2/C,6/98/Add.1)
Mr. AGUILAR (Mexico) : said that in view of tho oxtonsive dicussion that
had already-takeq -place on this suject a, voto should. be taken immediataly,
Mr WILCOX.(onitod States) said that It would. bo oxtrement diffioult
to discoveta preper baasis of Judement on the question of equity in tho
relationship of the incomes of proaducers of raw matorials to those of produceore
of manufacturod commedities. Tho amndment seemed to imply are recommendation
of, for example, minimum vage policios and limitations on corporation dividdends
but It was not tha purpose, funetotin or objoetive of the Organication ta mako
such recommendations. He apposed the amendment.
Mr. MRTEN (United Kingdom) also opposed the amondment.
Mr. CBIRIBOGA.(Ecuedar said that the principlo of the amendment had,
alrecady on bythe United Nations and that it should therofore be
adopted. If only for the sake of consisteney.
Mr, MARTEN (Vnited Kingdom) said that it had been alloged. that the
United Kingdom had voted. in the General Assembly of the United Nations in favour
of a cortain prineiple; but In fact his country had voted only that the Economic
and Social Counil promote studios of price relatienships. Such a
recommendation had already been incorporated in Artiele .69
On- the sensae of thé meeting being taken, fiften delegates favored the
amendmént and twent-one opposed it The amendment vas therfoaro not approved.
2. FURTHER DISCUSSION OF THE REPORT OF THE SUB-COMMITTEE ON ARTICLE 94.
(GENERAL EXOEPTION ) (DOCUNETS E/CONF.2/C.6/39/Add.2,c.6/93/Add. 3
Mr. HOLLOWAY (Souhthd Africe) said that his Government wanted a clear
expression of opinion by the confearence as to whether or not it apported a
derogation from the principles of Articie 88A; he therefore withdrew the
emendment prefented in document E/CONF. 2/C.6/93/Add.2. The amendment in
document E/CONF.2/c.6/100 would therefore have to be put to the vote and he
document E/CONF.2/c.6/100 would therefore have to be put to the vote and he /resorved the E/CONF.2/C.6/SR.37
Page 2
resorved the right to request a roli-call.
Mr. MARTEN (United Kingdom) said that his dologation supportod the Sub-
Committee Roport together with the amondments proposed by the represpmtativo of
Guatemala.
Thore were objections to tho Australian proposal. It loft in doubt whother
tho economic measures under disscussion were subject to the Chartor or note The
presumption that they were would involve tho Organization in political mattors
because an affoctod. Member might complain under Chaptor VIII. It was, furthero
undesiraloie that tho decition. on a vital mattor of principlo should be deferred.
Thirdly, whilo the officials of tho Unitod Nations could offer valuable advice
on tho appropriato.machinery, only the Govornments cencorned could. decido the
principle.
A sould might be found by addressing a resolution to the general assembly
or to the Socuirity Council but if this wore dono extrancous political
considoratitcns would most. certainly interfere. with the docision.
The objection of the ropresentativo of Australia that a.. delegation of
technical orperts could not deal with political matters was irrelvant in viow
of the tact that the Sub"Committee Roport moroly stated. that jurisdiction over
political matters should belong to political bodies
The omission of tho phrase ."shal not be subject to the provisions of this
Charter" from the South African amondmont involved.a contradiction in terms sinco
no provision had been includod in it to ensure that poltical mattere ould:bo
reforred to the United. Nations. It would bo impossible for.axlamplo, for the
Oranization to pass .Judgement on a boycott without taking into account the
relevant political considerations.
The object of the Contorcnco wae to set up a technical organization. Evon
if that organization were required to onforce political docisions, it would
aleso requirè`thè Power to do so In fact tho poor of the Orgnization was
limited to releasing members :from their obligations to an.approprIate and
Compensatory extent if one Member was hold to havo failod to .fulfil its,
obligations, The power to egpel a Member had been specificially oxcluded. Since
the United Nations was the only comptent to enforce polical decisions,
these decisions should themselves be taken by the Unitod Nations.
Mr. POLITIS (Greece) said that ho would lilke to mako it clçar that nothing
ho was about to say had any boring on the issue bofore the Coemittee. Ho was
not suffiolently acquesinted with the problem and could not therofore say who was
He belfoved that there were, in fact oconomic measures that a stato, could
take in connection with an unsottlod political issue. For examplo, in the
torritory of Safate A, there might bo an armed rebllion assisted by Stato A's .
noighbour, Stato B. stato A; appealod. to the Uiited Nations and placed an ambargo
on all trado between B and A, Would that bo a reason for saying that State A was
/violating the E/CONF.2/C.6/SR.37
Page3
violating the Chartor? Ho did not think so.
It was, therefore, his opinion that, even if the specific case now before
tho Committee had been raised, the Charter should make provision for
economic meastre which are closely liked with plitical questions. The
Charter suget to make for them in the sence of excluding then, because
he believed. chat an economic measuro taken for political reasnns was not proporly
spoaking an oconomio measure but a political moasure and as such was not within
tho. compotenco of the Organization. The Charter was designed to regulato normal
aconomic situations, not abnormal ones. An economic measure adopbod. for
political roasons vas so abnormal that it frequently worked to the detriment' of
the stato applying it. It was taken under the influence of inflamed public
opinion and was frereqntly.regretted by the govornent obliged to tako it.
Tho delogation of Greeco, whilo unwilling to tako a stand on the specific
issue before the Committeoe was in favour of the Sub-Committee's Roport as
amended yosterday by the Charter of the Sub-Committoo, because the Report
excluded political questions from tho competence of the Organization, and bocause
tho dalegation.of Greece considered that economic measures closely linked with
political questions - those being in fact political questions - should como
within the comptence of the United Nations,
Mr, WILCOX (United States) said that it was not the function of the
Conforenco to take any stand on the question of whother or not it supported
unilatoral. cconomic° sanctions. The Organization should be an economic
organization and should thorefore not Judge any measuro employed in connection
with apolitical dispute when that political dispute was within the jurisdiction
of the United Nations. The Sub-Committee text was the only solution which
promised to obtain goneral consent. Ho accepted the Guatoealan amendments to it.
Mr. COOMS (Australia), in anewor to the representative of the
United Kingdome said that he did not understand how political mattors were
brought within the scope of the Organization under his proposal. The real
question at issue was what would happen while the Organization was waiting for
the United Nations to take a decision. Socondly, while the deferment of a
docision on major points of principlo was in gonoral dangerous, such deferment
was only prudent when thoso taking the decision lackod both the relevant
information and the competcnco. Thlrdly, it vas not proper to use as an argument
against dofermont any opinions that might be held on the adequacy of the
United Nations.
It was true that certain countries might be loft in an obscure position
wore the Australian proal to be adoptod, but it was probable that the
contents of the relationship agreement would be known before the Charter came
into force. The damage done by such obscurity would to that extent bo mitigated.
: It was doubtful if the present proposal did in fact keep political matters
/out of the Orgazation. Page 4
out or the Organization, This could cortainly be achioved by adopting the
Australian amendment in document d.3/93/Add.3, According to whilch any docision
takcn by the Organization would be basod. on a rocommondaution by the
United Nations. That amonadment would, morcover, raiso no difficultion about
the intorim period which would. elapso before the United Nations made its
recommendation.
Mr. HOLLOWAY (South Africa). said that the second sentence of the
South African amondmont made it quito clcar that political mattors woud bo
reforrod to the United Nations, If an economic moasuro whichled. to a complaint
was rolated. to a politica dispute which was itsolf not important onough to como
boforo, the Unite. Nations thore was a prosumption, that the Pol!tica aspects
of the disputo wero not sigaificant.
Mr, HAIDER (Iraq) supported the Sub-Committee Roport together with the
suggestod amondment by the reprcscntativo of Cuatomala.
Mr. KUMMAN (Swedn) said that international disputes should never bo
settled by uilatoral action, The Charter granted an a exception in the case of
essential, security. irtereets and such cases would bo roferrod to the
United Nationo any oxtension of tho oxception.might. howover, provo to bo
a tacit admianion of the validity of unilateral oconomic He supportod
tho Australian propocal.
Mr. KAHAREAR (India supported tho Sub-Gommittoe Roport end the
Guatemela amounbar theueto The Report loft no doubt that political Matters
ware. of the orgamozatopm' ot was, ,erepver, dosorablever, 4osJrablo
ozationo GrEijzaeelineseouhd dooj.in citier to conndemnunilateralone U.Uïlatiàa
eccnonnc measures. AJy respectove e urisdications of di.Ctions <'
on and g6nizanited NationsUr.ised.e tion ed.t bu avoidd,
Ho couid noteagree wlth the Australiaverthatpreesntative, h th proposal in
thoreport failed toi eradprovont consiion of political.the matters by .t
Organiz.Io. The Organïzaitieop had te Incryrt tro phasa n ï.octlyt inu
connc0rf w With" butevas not asJadgnement onn .mcni on ti. norIts of.a political
cahe, gl: dlda1i aeroq thot tho Conforence raceed tfo m2tecr in±ornation and
oodempotoei cta cocidothis qucstir; lt should not bc dlfl'eci ct-to givaacicar
anwhswer as to ethor or not itp ewas doseiral for th Orgsaiake zation to tup
polereitical mars.
Tho second Australian proposal ecould rnoet b sueppoe referenceho-rcfcQ
of a political mattcr baek to thc Orianizetion whcn it had once eooodrof'rro6
to tho Unitcd Nations vould bo an anomaly. - .
FIER (AUIPiIMM (Bolm) suppeoeeted thropriscntativo ofand don.nd.
suSScstod that acechnt bc rcachod on proccduer rathoi than on onsiatiof
and. commitmcnts.
MMBSCOOOMl (Aiaetralan in apsworeto the eoproice of India, saidiae.. that
/ hife for examplo, Page 5
if, for oxample, a country applied an cmbargo against another for political
roasons the Organization must decide whether the rules of the Chartor must
apply should the second country complain to it. It could not be said that the
Organization, if it permitted the first country to continue the embarge would,
not be dealing with a political mattor.
Mr. PAIVA (Brazil) said that Article 83A dofined the respective competance
of the Orgaization and the United Nations. The lino between political aid
oconomic matters was a vague one, but ho supportod. the Sub-Comittee roport
becaso it. provided a vorlkablo solution. It was important to arrive at a
formula which. would be genorally accoptod by countries which wero directly
Concornod with, this question. |
|
GATT Library | by153sp2439 | Sixth Committee: Organization : Summary record of the Thirty-Six Meeting. Held at the Capital, Havana, Cuba, Tuesday, 9 March 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/SR.36 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/by153sp2439 | by153sp2439_90050135.xml | GATT_147 | 2,546 | 16,981 | United Nations Nations Unies E/CONF.2/C.6/SR.36
11 March1948
CONFERENCE CONFERENCE ORIGINAL: ENGLISH
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE ORGANIZATION
SUMMARY RECORD OF THE THIRTY-SIX MEETING
Held at the Capitol, Havana, Cuba,
Tuesday, 9 March 1948, at 3.00 p.m.
Chairman: Mr. E. COLBAN (Norway)
1. CONTINUATION OF DISCUSSION OF THE REPORT OF THE SUB-COMMITTEE ON
ARTICLE 1. (PURPOSE AIM OBJECTIVE) (DOCUMENT E/CONF.2/C.6/98)
Mr. OTANEZ (Vonozuela) stated that his delegation attached the greatest
importance to the problem of disparity between prices of raw materials an
manufactured goods and would support any proposal which would state the
principle of equity.
Mr. POLITIS (Greece) said that because Greece primarily exported
agricultural products it would wish stabilization of prices, but the insertion
of the Ecuador proposal in Article 1 could not be supported because there was
no organ of the Organization to implement it and the inclusion among the
purposes and objectives of tho Charter would create false hope of achievement.
Mr. CHIRIBOGA (Ecuador) stated that one of the most specific tasks given
the Conference by the United Nations was to consider the prices in the
international market of manufactured and raw materials His proposal was a
copy of sub-paragraph 5 of Resolution 36 of the Act of Chapultepec, adopted
by the United States and all Latin-American countries.United States
opposition to his proposal was therefore surprising.
In ordor to reach a satisfactory decision, a roll-call, vote should be
taken on the Ecuadorean proposal as amended by the representative of
Now Zealand.
Mr. GAIFFIER (Belgium) felt that the purpose of the proposal was covered.
by Articles 11, 52 and 69; the proposal should not be lnluded in Article 1.
The Charter was intended to promoto a partial return to free trade with
elimination of governmental intervention in the free play of economic forces,
with the exception of inter-governmental comodity agreements. The implication
that the proposal, would involve lnternational planning would make it difficult
for his Parliament to ratify the Charter.
/Mr, WAERUM (Donmark) E/CONF.2/C.6/SR.36
Page 2
Mr. WAERUM (Denmark) opposed the inclusion of the proposal in the Charter.
It was difficult to see what measures the Organization could take to establish
equity between prices of raw materials and manufactured goods. There were
arrangements for inter-goverment commodity agreements in the Charter and a
cortain degree of stabilization could be achieved under the present provisions,
Mr. NASH (New Zealand) stated that the proposal referred to the disparity
between prices and his amendment approached the matter from the standpoint of
equity of exchange. He agreed that the Charter was not designed to regulato
prices, but the purpose of the Charter was to promote international regulation
to insure adequate distribution and returns for production. Tho essential
point of the proposal was the equity of exchange between difforont types of
producers. Since the proposal was covered in the Articles mentioned by the
representative Belgium, there was no reason why it should not become one
of the objectives of the Charter. He could not agree with the Belgian
representative as to the purpose of the Charter. Tho Charter was designed for
floor trade but there was no antipathy for governmental intervention on a
fair basis.
He would be able to vote for the Ecuadoran proposal if amended as
follows:
"To support a general policy which takes into account the wide
disparity which frequently exists in the return to producers of
raw materials and to the producers of manufactured commodities,
so as to stabilize as far as is practicable oquity between those
Mr. WUNSZ-KING (China) stated that his delegation had supported the
Ecuadoran amendment to Article 69 and was sympathetic to the ideas expressed
in the proposal to Article 1, but tho real purpose of the proposal might better
be achieved by recourse to sub-paragraph (f) of Article 69, and when studies
are undertaken, the Economic and Social Council should be asked to consider -
the Ecuadoran proposal together with the New Zealand amendment, the Act of
Chapultepec and the Resolution adopted at London. While not in opposition to
the principle, it would be necessary for him to vote against the proposal.
Mr. SKAUG (Norway) said he could not support the proposal for reasons
similar to these expressed by the representatives of the United States,
United Kingodm, Denmark and Canada. There was no fair relation between the
prices of raw materials and manufactured product and he agreed with the
representative of New Zealand that the problem was not, in fact, one of price,
but of the standard of living as between countries Article 1 included
objectives regarding standard of living and no purpose would be served by the
addition of equity of prices.
/Mr. GOMEZ - ROBLES (Guatomala) E/CONF.2/C.6/SR.36
Page 3
Mr. GOMEZ-ROBLES (Guatomala) said that the purpose of the Ecuadoran
proposal was to establish a general policy to adjust equilibrium between
prices and the Organization should try to avoid fluctuations. From the point
of view of maintenance of balance of price levels, it was necessary to add the
proposal to the objectives of the Charter. He suggested wording to the effect
"... to support a general policy which would endcavour to establish a just
equilibrium between raw materials and manufactured goods to avoid violent
fluctuations in the prices." Price central was not desired, but violent
fluctuations in prices should be avoided.
After the Chairman had read out the New Zealand proposal,
Mr. CHIROBOGA (Ecuador) said it would be acceptable if the word "producers"
was changed to "prices".
Mr. NASH (New Zealand) said that prices had moaning only in relation to
cost; the return to producers was the test, not the price. He could not
support the suggested change.
Mr. CHIRIBOGA (Ecuador) asked for a roll-call to be taken on (1) the
Ecuadoran proposal, and (2) the Nev Zealand proposals.
On a roll-call tho representatives of Argentina, Bolivia, Chilo, Colombia,
Costa Rica, Ecuador, Guatomala, Haiti, Panama, Poru, Poland and Venezuola.
supported the Ecuadoran proposal. The representatives of Australia, Austria,
Belgium, Brazil, Canada, Coylen, China,. Denmark, Finland, France, Greeco, Iran,
Ireland, Italy, Liberia, Luxembourg, Netherlands, Norway, Pakistan, Philippines,
Southern Rhodesia, Sweden, Switzerland, Turkey, United Kingdom and the
United States opposed it. The representatives of Afthanistan, Burma, Cuba,
Czochoslovakia, Egypt India, Indonesian Republic, Iraq, Lobanon, Mexico,
New Zealand, Portugal, Syria, Trans Jordan and South Africa abstainod. The
Chairman declared the amendment rejected.
Mr. NASH (New Zealand) stated that he did not move his amendment, and
unless it met the views of the representative of Ecuador, he would withdraw
it. The proposal was taken up by the representative of Mexico. It was agreed
a decision should be taken upon it at the next meeting.
2. E/CONF.2/C.6/98, PARAGRAPH 5
The CHAIRMAN stated that the delegation of Argentina had proposed the
addition of a paragraph regarding workers rights. The Sub-Committee had agreed
with the principle of the amendment but felt it was a matter outside the scope
of tho Charter and should not be dealt with in Article 1.
Mr. FEDRANO (Argentina) said that the objectives of trade and employment
were equally fundamental, and the inclusion of the amendment in the objectives
of the Charter would contribute to social justice. It was true that the
rights of workers came within the scope of the International Labour Office
/but the Trade E/CONF.2/C .6/SR .36
Page 4
but the Trado Organization should also recognize these fundamental rights,
thus cicating a favourable situation for collaboration between the two
organizations.
Mr. SERRATO (Uruguay) said that he supported the Argentine proposal with
thw same force with which he had supported the United States proposal to
include a similar article in the Inter-American pact to be presonted at Bogota
There was no objection regarding the International Labour Office presented
at that time, and the constitutions of the majority of the Latin American
countries agreed in principle to the proposal.
Mr. BLUSTAJN (Poland) agreed with the principles of the Argentine proposal;
the objectives wore fully achieved in Poland without international commitments.
His reason for feeling that thc Organization was not the appropriate body came
from the desire to avoid duplication of work between the specialized agencies.
He agreed with the representation of Argentina that one could not distinguish
between international trad problems and problems of employment and workers
rights. The Economic and Social Council was the only competent body to
co-ordinate the work of the specialized agencies.
Mr. BENDA (Czechoslovakia) agreed with the representative of Poland;
he would have to vote for the Argeetina amendment because the principles were
in the Constitution of his country.
The representative of Costa Rica also supported the proposal.
Mr. SKAUG, (Norway) said that in Committee I there was no disagreement
on the point that in order to have international trade thcrc must be
employment;. the idea was full employment - labour standards were important
but they were subsidiary to world trado. He agreed with the aims of the
Argentine proposal and his negative vote would be cast only because the matter
was within the purview of another specialized agency.
The CHAIRMAN concluded th sense of the Committee was that it was not
possible to include the text in Article 1.
The delegation of Argentina reserved its right to brings the matter up in
Plenary Seasion.
3. PARAGRAPH 5 OF ARTICLE 1
Mr. SAENZ (Mexico) said that he was under instructions to state that the
present text of paragraph 5 was unacceptable and unless it was deleted, his
delegation would reserve its position on Article 1 and would refrain from
signing the Final Act,
If unqualified, the three concepts of freedom of trade economic
integration, and the transeondency of political frontiers, were dangerous
and misleading, The paragraph was a definite contradiction to
Articles 15, 17 and 42. In accordance with Chapter III, loss intogration
/and more industrialization E/CONF.2/C.6/SR.36
Page 5
and more industrialization should be sought.
He had no objection to customs unions, or economic integration if
countries so desired, or of economic integration which was automatic through
the blind play of economic forces, but paragraph 5 implied a planned economy
whether or not a country desired it. He had no objection to exploring the
possibilities of a different wording which would not lead to any
misunderstandings of a political nature.
M. AMINI (Afghanistan) reserved his position to paragraph 5 of Article 1
pending further instructions.
Mr. KOJEVE (France) said tho basic reason for his proposal which had
resulted in paragraph 5 was that he considered that economy could be brought
to a stable situation only if present markets were expanded. The text was a
compromise solution of an idea submitted by Middle-Eastern countries during
the preparatory work in London. Tho theeretical reason was that there were
two ways of procceding towards the aims of freedom of trade: reducing
-barriers immediately or removing barriers by stages. He had felt it necessary
to complement paragraph 4 by adding the newer more modern concepts of
paragraph 5. He did not feel that the paragraph conflicted with oconomic
concepts provailing in Mexico.
Mr. KUNTER (Belgium) said that unless the paragraph was deleted he would
reserve his position.
Mr. GAIEFIER (Belgium) said that the representative of Mexico had
presented a view of coorcivo integration not contemplated in the paragraph.
Paragraph 5 expressed integration freely entered into, such as the Benelux
Union, The Charter should take into account general economic trends towards
co-ordination and adjustment of economic policies, including regional
co-operation.
Mr. POLITIS (Greece) said it appeared that these who had championed the
cause of preferences were today taking a stand against them and this would
mean that the overall decision of the Heads of Delegations would be re-opened.
Mr. SAENZ (Mexico) replied that the Charter was a political document,
not a text book, and should bo written in such a way as to avoid any
misunderstanding. He had no objection to custom unions but there was nothing
in Article 42 which corresponded to paragraph 5 of Article 1. The Mexican
delegation had never been in favour of preferences and had accoptcd
Article 15 in a spirit of the compromise reached by the Head of Dolegations;
there was nothing in Article 15 which corresponded to paragraph 5.
Parliaments and public opinion should not be confronted by the three
dengerous concepts expressed in paragraph 5.
/Mr. WUNSZ-KING (China) E/CONF.2/C.6/SR/.36
Page 6
Mr. WUNSZ-KING (China) said that to a certain extent he shared the
anxioty expressed by the representative of Mexico. Of the three concepts
mentioned that of economic integration was most alarming. Perhaps the phrase
"development of closer economic integration" could better be expressed by
"to increase freedom of trade by encouraging the closer co-ordination on a
volume basis of economic policy and programmes ......."
Mr. WILCOX (United States) said that some countries were prepared, to
pledge individual and collective, national and international action as set
forth In paragraph 5, but others were not. It appearod, that Mexico would
impose no obstacles to countries which desired to enter into closer economic
relations, but Mexico did not desore to commit itself.
Paragraph 5 referred to Article 42 which was an exception to the general
rules of the Charter and not a principle function or objective of the
Organization. Consequently the difficulty created by the paragraph was that
it sought to turn an exception into a commitment binding countries which did
not wish to use the exception. The difficulties thus created for Mexico were
therefore understandable.
The CHAIRMAN requested the representatives of Mexico, China, Turkey,
Afghanistan, France, United States and Belgium to study this problem and
report the next day.
4. CONSIDERATION OF THE PROPOSALS OF THE DELEGATIONS OF ARGENTINA AND
CZECHOSLOVAKIA REGARDING ARTICLE 69 (FUNCTION) (DOCUMENT E/CONF.2/C .6/88)
Mr. BENDA (Czechoslovakia) said that his amendmont was proposed in order
to avoid duplication of activities of specialized agencies. However, in
order to save the time of the Conference, he would withdraw the amendment and
suggested that the Report should note that the Committee was of the opinion
that where the United. Nations had. specially created organs, such as the
Fiscal Commission, the Organization should make studies and rocommendations
in close collaboration with them.
Mr. FEDRANO (Argentina) stated that his amendment to add the word
"social" bofore "economic" in Article 69 would more properly emphasize
Articlo 1. However, if the Committee folt the amendment was inappropriate,
he would withdraw it.
The CHAIRMAN said that when the amendment had been discussed some months
before it had been felt that "social" was one of the many aspects of economic
development and that it should not of itself be underlined.
Replying to the remarks of the representative of Belgium that the point
was covered by sub-parapraph (e) of Article 69, Mr. FEDRANO (Argentina) said
that sub-paragraph (a) referred to the functions of collecting, analyzing
etc. and was qualified by sub-paragraph (e). The concept of "social" was
/greater than E/CONF.2/C.6/SR.36
Page 7
greater than merely one aspect or economic development. If the amendment
was not accepted, It would be necessary to reserve the right to bring It before,
tho Plenary Session.
Upon receiving no further observations, the CHAIRMAN concluded there was
no support for the amendment, and noted the Argentine reservation.
5. INSERTION OF DATES IN ARTICLE 68 (MEMBERSHIP) (DOCUMENTS E/CONF.2/C.6/70,
E/C0NF.2/C.6/88 AND E/CONF.2/C.6/101)
lt was agreed that the date "30 September 1949"e adopted in Articles 98
and 99, should be adopted in Article 68. |
|
GATT Library | tb614xz3425 | Sixth Committee: Organization : Summary record of the Thirty-Six Meeting. Held at the Capital, Havana, Cuba, Tuesday, 9 March 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/SR.36 and E/CONF.2/C.6/SR.32/CORR.1-41 | https://exhibits.stanford.edu/gatt/catalog/tb614xz3425 | tb614xz3425_90050135.xml | GATT_147 | 0 | 0 | ||
GATT Library | hx264vj0557 | Sixth Committee: Organization : Summary record of the Twenth-Ninth Meeting. Held at the Capital, Havana, Cuba, Thursday, 19 February 1948 | United Nations Conference on Trade and Employment, February 19, 1948 | 19/02/1948 | official documents | E/CONF.2/C.6/SR.29 and E/CONF.2/C.6/SR.18-32 | https://exhibits.stanford.edu/gatt/catalog/hx264vj0557 | hx264vj0557_90050116.xml | GATT_147 | 1,321 | 8,559 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/SR.29 19 February 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
.
.
SUMMARY RECORD OF THE TWENTH-NINTH MEETING
Held at the Capitol, Havana, Cuba,
Thursday, 19 February 1948
Chairman: Mr. E. COLBAN (Norway)
1. CONTINUATION OF DISCUSSION OF THE INTERIM REPORT OF THE SUB-COMMITTEE
ON ARTICLES 95, 96, 98, 99 AND 100 (documents E/CONF.2/C.6/48/Rev.1 and
E/CONF.2/C.6/12/Add.21)
Artïcle 100 - Deposit of Texts and Date (continuation of discussion)
The CHAIRMAN, referring to the amendment to Article 100 proposed by the
representative of Mexico, said that since the last meeting of the Committee
an informal working group had considered that amendment and had suggested
that the following sentence should be added to the first paragraph of the
Geneva text of Article 100;
"Subject to the provisions of the Statute of the International
Court of Justice such texts shall be equally authoritative for the
purpose of the interpretation of this Charter, and any discrepancy
arising from a difference between texts shall be settled by the
Mr. GARCIA OLDINI (Chile) paid tribute to the co-operative spirit shown
by the small working group which had arrived at a text for Article 100
acceptable to all Spanish-speaking nations.
Mr. de GAIFFIER (Belgium) asked how the text of the Charter in the
official language of the United Nations, other than those of English and
French, was to be.drawn up,
Mr. AMADOR (Mexico) considered that delegations were interested
in the drawing up of the text in languages other than English and French
would communicate drafts in those languages to the Secretary-General of
the United Nations, possibly before the end of the Conference, so that they
could be distributed to all Governments which signed the Final Act. After
examination of those texts, th Governments would submit their comments to
the Executive Secretary of the Interim Commission. The Interim Commission
or the Executive Committee, would have to draw up the final texts in the
. E/CONF.2/C.6/SR.29
Page 2
light of the comments received Arrangements would then have to be made for
those text to be appended to the Final Act.
The CHAIRMAN said that, as Chairman of the Working Party on the
Interim Committee, he would take note of the suggestion made be the
representative of Mexico, and pointed out that the Executive Secretary
was preparing a report to the General Committee on the same lines.
Mr. GUTIERREZ (Bolivia) supported the text proposed for Article 100
and the remarks of the representative of Mexico.
The representative of CHINA, INDIA and COSTA RICA supported the new
text, the latter drawing attention to the amendment to Article 100 submitted
by his delegation proposing that that Article should state that the Charter
should be called the Charter of Havana, following the precedent set by other
international conferences which had named the agreements reached by them
after the city or place in which those conferences had taken place.
Mr. KELLOGG (United States), referring to the words "discrepancy arising
from a difference between texts", said that their meaning was not clear, and
suggested that the new draft of Article 100 should be submitted to the
Central Dratfting Committee after approval by the Sixth Committee.
The Committee approved the new text of the first part of Article 100
and the deletion of paragraph 1 of Article 92/
The representatives of IRAQ, the LEBANON, GREECE, ARGENTINA, FRANCE,
SYRIA, EGYPT, CHINA, TURKEY, MEXICO and PAKISTAN supported the proposal of
the representative of Costa Rica.
The Committee unanimously agreed that the.Charter should be called the
Charter of Havana.
Mr. MACHADO (Cuba) thanked the members of the Committee for the great
honour done to his country.
The second part of Article 100 was approved without comment.
2. DISCUSSION OF THE REPORT OF THE SUB-COMMITTEE ON PARAGRAPH 2 OF
ARTICLE 83 (document E/CONF.2/C.6/74)
Mr. GOMES (Brazil) felt that paragraph 2 of Article 83, as drafted by
the Sub-Committee, was not sufficiently clear. The first sentence of the
paragraph stated that the selection of, staff, including the appointment of
Deputy Directors-General, was to be made as far as possible with due regard
to the various types of economy and on a wide geographical basis, and he
would suggest that the following phrase should be added after that sentence:
"it being understood that each Member State is entitled to supply a percentage
of the staff of the Secretariat which should be in proportion to the
financial contribution made by that Member State for the maintenance of
the Organization."
The CHAIRMAN E/CONF.2/C.6/SR.29
Page 3
The CHAIRMAN pointed out that in a part of the Charter which had not
yet been finally approved it was anticipated that one single Member State
might have to pay as much as one-third or even more of the total expenses
of the Organization, He felt that it would not be wise to lay down a rule
that nationals of Members should be represented on the staff of the al
Secretariat in proportion to the percentage of their contributions.
Paragraph 2 of Article 83 as in the Report was approved.
3. DISCUSSION OF THE REPORT OF THE AD HOC COMMITTEE ON PARAGRAPH (c) (i)
OF ARTICLE 69 (document E/CONF.2/C.6/75)
The report of the Ad Hoc Committee on paragraph (c) (i) of Article 69
was approved without comment.
REPORT OF THE SUB-COMMITTEE ON ARTICLE 75. (E/CONF.2/C.6/53)
Mr. GUTIERREZ (Bolivia) reserved the position of his delegation
concerning Article 75 until final decisions had been taken on certain other
Articles.
Mr. FORTHOMME (Belgium) pointed out that some particular problem would
have to be taken as a starting point and that it would be suitable to take
a decision now an Article 75.
Mr. COOMBS (Australia) recalled that when Article 75 had been discussed
previously in the Committee, his delegation had supported the view of the
majority that Alternative B should be adopted. He would not criticize the
Sub-Committee's proposal on the grounds that it would lead to unfair
representation, but did maintain a preference for a simple election.
A system which would predetermine what countries would represented on
the Executive Board would restrict countries, not members of the Board,
in their choice of representatives. He would regret any step which would
imply that the first responsibility of a member of the Board was not to the
Organization as a whole but to a specific group of countries. Any limitation
of the choice of members of the Board would automatically predetermined which
countries would be represented on it at what particular intervals and the
permanent membership of a particular country could influence adversely the
chances of membership of another country in the same geographical region, or
with a similar type of economy,
Mr. REDARDAGELATA (Argentina) said that his delegation also supported
Alternative B. The Executive Board was to have great powers which were as
yet not clearly defined and therefore his delegation would have to maintain
its position until decisions had been taken on certain other articles.
Mr. ALAYZA (Peru) seconded the statement of the Bolivian representative
that the debate on Article 75 should be postponed until the results were
known concerning certain other Articles.
/Mr. TRABOULSI E/CONF.2/C.6/SR.29
Page 4
Mr. TRABOULSI (Syria) said that his delegation originally had supported
Alternative A but now was prepared to accept the compromise proposal put
forward by the Sub-Committee. It would ensure that the composition of the
Board would be based on an equitable geographical distribution, the
representation of the economically important countries and those with diverse
types of economies.
Mr. GARCIA OLDINI (Chile) said that his delegation continued to support
Alternative B. He also agreed with the remarks of the Peruvan and Bolivian
representatives that the debate on this question should be postponed until
those articles in which the Executive Board was given wide powers had been
drafted in their final form.
The sense of the meeting having been taken, it was decided that the
debate on Article 75 should be postponed. |
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