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GATT Library | pw359yv6561 | Sub-Committee I (Article 94) notes on the Sixth Meeting : Held on Saturday 14 February 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, February 16, 1948 | Sixth Committee: Organization | 16/02/1948 | official documents | E/CONF.2/C.6/W.100 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/pw359yv6561 | pw359yv6561_90200226.xml | GATT_148 | 566 | 3,847 | United Nations Nations Unies RESTRICTED
E/CONF.2/C. 6/W.100
CONFERENCE CONFERENCE 16 February 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE ORGANIZATIONS SUB-COMMITTEE I (ARTICLE 94) NOTES ON THE SIXTH MEETING
Held on Saturday 14 February 1948, at 6.00 p.m.
Chairman: Mr. Luis D. TINOCO (Costa Rica)
After discussion of the report of the Working Party on exceptions
concerning the peace treaties and special regimes (E/CONF.2/C.6/W.44),the
Sub-Committee provisionally agreed to the following text of a paragraph to be
added to Article 94:
"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."
Sub-paragraph (a) above was accepted provisionally subject to possible
further consideration in the light of any proposal which may be made concerning
the inclusion of the Treaty of lausanne in this exception.
Sub-paragraph (b) above was accepted subject to the possibility that the
Central Drafting Committee might suggest changes in the text in the light of
other provision of the Charter, such as Article 68, while involve similar
drafting problems,
The Sub-Committee discussed the possible inclusion of the word "solely"
before "for the purpose of" in the text of paragraph 1 (c) or in other
parts of the Article in relation to the text of the Article as a whole
(see paragraph 7 of E/CONF.2/C.6/45). After a preliminary discussion the
Sub-Committee requested the representatives of the United States of America
and the United Kingdom to confer further concerning the question and to
report to the next meeting of the Sub-Committee.
The Sub-committee received a communication indicating that the appropriate
working party under Committee III had given consideration to the question of
parts of the Article in relation to the text of the Article as a whole E/CONF.2/C.6/W.100 Page 2
including in Chapter-IV the provision concerning any special temporary
arrangements required between India and Pakistan pending the establishment
of their trade relations on a definitive basis (see E/CONF.2/C.6/W.40 in
which the earlier discussion of this question in Sub-Committee I was
reported). That working party had ascertained through consultation with
the Delegation of India that the special arrangements mentioned miGht
involve matters covered in chapters other than Chapter IV, such as investments,
commodity agreements and relations with non-Membera. The Sub-Committee
noted that if the ecope of the proposed new paragraph were to be extended
beyond Chapter IV the paragraph should be inserted in a general article
of the Charter for which Committee Vl is responsible. Sub-Committee I
considered the possibility of dealing with the question in a separate
protocol, or in a new temporary article, or by adding a new paragraph to
Article 94 accompanied by an annex to the Charter. The Sub-Committee
provisionally agreed, subject to further consideration after a more precise
draft has been prepared. by the representatives of the United Kingdom and
India, that a new paragraph (or sub-paragraph of paragraph 1) be added
to Article 94 establishing that "nothing in this Charter shall be construed
to prevent the operation of the special provisions contained in Annex _____"
The annex referred to would contain the paragraph and interpretative
note on this subject set forth in E/CONF.2/C.6/W.40. |
GATT Library | cw811kx9620 | Sub-Committee I (Article 94) : Report of Working Party on exceptions concerning "Peace Treaties" and "Special Regimes" | United Nations Conference on Trade and Employment, January 15, 1948 | Committee VI: Organization | 15/01/1948 | official documents | E/CONF.2/C.6/W.44 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/cw811kx9620 | cw811kx9620_90200155.xml | GATT_148 | 245 | 1,812 | RESTRICTED
United Nations Nations Unies E/CONF.2/C.6/W.44
15 January 1948
CONFERENCE CONFERENCE ENGLISH -FRENCH
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
COMMITTEE VI: ORGANIZATION
SUB-COMMITTEE I (ARTICLE 94)
REPORT OF WORKING PARTY ON EXCEPTIONS
CONCERNING "PEACE TREATIES" AND "SPECIAL REGIMES"
The Working Party, consisting of representatives of Czechoslovakia, the
Union of South Africa and the United Kingdom, in consultation with the
représentative of Turkey, recommends the following, text for a new paragraph
to be added to Article 94:
"2. Nothing in this Charter shall override
(a) any of the provisions of peace treaties in force which were
registered with the League of Nations or which are registered
with the United Nations, or
(b) any of the provisions of special regimes established by the
United Nations for separate territories."
SIXIEME COMMISSION: ORGANISATION
(SOUS-COMMISSION I (ARTICLE 94)
RAPPORT DU GROUPE DE TRAVAIL SUR LES EXCEPTIONS CONCERNANT LES
"TRAITES DE PAIX" ET LES " REGIMES SPECIAUX"
Le Groupe de travail composé des reprèsentants de la Tchécoslovaquie, de
l'Union sud-africaine et du Royaume-Uni, après avoir conféré avec le repré-.
sentant de la Turquie, recommande d'ajouter à l'article 94 le nouveau para-
graphe ci-après
"2. Aucune disposition de la présente Charte ne sera considérée comme
annulant :
a) L'une quelconque des dispositions des traités de paix en
vigueur, enregistrés par la Société des Nations ou par l'0rganisation
des Nations Unies ou
b) L'un quelconque des régimes spéciaux instaurés par l'Organisatio;
des Nations Unies pour des territoires indépendants." |
GATT Library | mt910gz5860 | Sub-Committee I on consultations with the International Court of Justice : Amendment to Chapter VIII of the Charter suggested by the representative of Columbia | Interim Commission for the International Trade Organization, September 2, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 02/09/1948 | official documents | ICITO/EC.2/SC.1/5, ICITO/EC.2/W.1-2, ICITO/EC.2/SC.1/1-11, and ICITO/EC.2/SC.2/1,2 | https://exhibits.stanford.edu/gatt/catalog/mt910gz5860 | mt910gz5860_90180075.xml | GATT_148 | 103 | 726 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE LIMITED C
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE
TRADE ORGANIZATION
DU COMMERCE
ICITO/EC. 2/SC. 1/5
2 September 1948
ORIGINAL: ENGLISH
Executive Committee
Second Session
SUB-COMMITTEE I ON CONSULTATIONS WITH THE INTERNATIONAL
COURT OF JUSTICE.
AMENDMENT TO CHAPTER VIII OF THE CHARTER SUGGESTED BY THE
REPRESENTATIVE OF COLUMBIA
The representative of Columbia suggested that paragraph
1 of Article 92 of the Charter should be amended in the
following fashion:-
"1) Without prejudice to their rights under the Statute
undertake . . . . . . . ... its operation".
of the International Court of Justice, theMembers
INTERIM COMMISSION
LIMITED C |
GATT Library | mc613hv2576 | Sub-Committee I on the International Court of Justice | Interim Commission for the International Trade Organization, August 30, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 30/08/1948 | official documents | ICITO/EC.2/SC.1/2, ICITO/EC.2/W.1-2, ICITO/EC.2/SC.1/1-11, and ICITO/EC.2/SC.2/1,2 | https://exhibits.stanford.edu/gatt/catalog/mc613hv2576 | mc613hv2576_90180072.xml | GATT_148 | 120 | 877 | RESTRICTED
INTERIM COMMISSION COMMISSION INTERIMAIRE DE
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC.2/SC.1/2
30 August 1948
TRADE ORGANIZATION DU COMMERCE
ORIGINAL: ENGLISH
Executive Committee
Second Session
Sub-Committee 1 on the lnternational Court of Justice
Chairman: Mr. L.E. Couillard (Canada)
Members
Australia
Benelux
Colombia
Egypt
France
Italy
Mexico
United Kingdom
United States
Terms of Reference
On the basis of the suggestion made by the Executive
Secretary at the end of document ICITO/EC.2/3, and in the
light of the discussion in the Executive Committee, to consult
with the Registrar of the Court both regarding the information
which the Registrar has offered to provide and the timing and
procedure for further consultation, and to report back to the
Executive Committee during the present Session. |
GATT Library | mr321dy1175 | Sub-Committee I on the International Court of Justice : Comments by the French Delegation on the relation of the International Trade Organization and the International Court of Justice | Interim Commission for the International Trade Organization, August 27, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 27/08/1948 | official documents | ICITO/EC.2/SC.1/1, ICITO/EC.2/W.1-2, ICITO/EC.2/SC.1/1-11, and ICITO/EC.2/SC.2/1,2 | https://exhibits.stanford.edu/gatt/catalog/mr321dy1175 | mr321dy1175_90180071.xml | GATT_148 | 704 | 4,552 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE RESTRICTED
Limited C
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC .2/SC.1/1
TRADE ORGANIZATION DU COMMERCE 27 August 1948
ENGLISH
ORIGINAL: FRENCH
EXECUTIVE COMMITTEE
Second session
SUB-COMMITTEE I ON THE INTERNATIONAL
COURT OF JUSTICE
COMMENTS BY THE FRENCH DELEGATION ON
THE RELATION OF THE INTERNATIONAL
TRADE ORGANIZATION AND THE INTERNATIONAL
COURT OF JUSTICE
Under its terms of reference, the Interim Commission for
the ITO is required to consult with the Court and report on
the following questions:
a) Is any change required in the procedure for review
by the International Court as provided for in
Chapter VIII of the Charter to ensure that decisions
of the Court should have the force of a judgment?
b) Should the Charter be amended in accordance with the
provisions of the annex to Article 100?
Without entering into details, the French delegation would
like to draw the attention of the members of the Executive
Committee to some general considerations concerning the
relation to be established between the ITO and the Court.
* * *
Chapter VIII in its present form contains not only
incoherencies but also legal inconsistencies, and as the
French delegation repeatedly emphasised at Havana, it is
essential to establish the procedure for reference to the
Court on a different basis.
Among the provisions open to criticism we would mention:
1) The incompatibility of Article 92, paragraph 1,
with the obligation undertaken by various Members
towards the Court (acceptance of the compulsory
jurisdiction of the Court under Article 36 paragraph 2
of the Statute).
2) The binding nature of an advisory opinion requested
from the International Court of Justice.
3) Refusal to introduce a simple and speedy procedure
of review by the Court of decisions adopted by ITO
organs in cases where such decisions are in conflict
with the Charter. ICITO/EC. 2/SC.1/1
page 2
The above points are not the only ones against which
criticism could be levelled, and the French delegation
reserves the right to raise additional ones during the
prospective consultations with the Court's representative.
Even at this stage, however, it is anxious to recall the
arguments advanced at Havana in relation to the problem
as a whole.
If Chapter VIII claims to have any meaning and
provide for the settlement of differences, as its title
indicates, it would have been simpler had it stated:
"Any disputes concerning the interpretation or application
of the present Charter shall be referred to the Executive
Board, which shall endeavour to achieve a settlement
thereof. Should the Board fail to achieve such settlement,
the matter shall be referred to the Conference with the
same end in view. Should attempts to reach a friendly
settlement by those means prove unsuccessful, the dispute
may be referred to the International Court of Justice by
any Member of the Organization. The Court's decision
shall be binding on all parties to the action and on any
other Member of the Organization to whom notice of the
institution of such proceedings shall have been communicated
at least 30 days before the expiry of the stipulated
time-limit within which written statements must be received
by the court."
Formulation in those terms would have left all
parties undisturbed in their natural parts, by reproducing,
with respect to the new International Trade Organization,
a rule already adopted in other international agreements.
The French delegation is ready to submit and explain
draft texts to the Sub-committee with particulars as to the
manner in which reference might be made to the Court in
such circumstances.
The above comments show clearly that there is no
question of asking the Court to become an adjudication
economic or financial facts as established by or through
the agency of the Organization. On those facts have been
deemed to be established, however: it is vital that Member
States should be able to challenge, before the highest
international Judicial authority, the validity of decisions
which ITO organs may have taken on the basis of such
facts. The problem is thus simply one of applying and
interpreting tho Charter; the Court is not expected to
examine economic facts.
This is general framework in which, according to
the opinion of the French delegation, the problem referred
to the Executive Committee should be dealt with. |
GATT Library | yb319hb8995 | Sub-Committee I on the International Court of Justice : Draft Amendment to Article 96 of the Charter, submitted by the French Delegaion | Interim Commission for the International Trade Organization, September 2, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 02/09/1948 | official documents | ICITO/EC.2/SC.1/4, ICITO/EC.2/W.1-2, ICITO/EC.2/SC.1/1-11, and ICITO/EC.2/SC.2/1,2 | https://exhibits.stanford.edu/gatt/catalog/yb319hb8995 | yb319hb8995_90180074.xml | GATT_148 | 126 | 891 | RESTRICTED
INTERIM COMMISSION
COMMISSION INTERIMAIRE DE
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE
TRADE ORGANIZATION
DU COMMERCE
Limited C
ICITO/EC .2/SC.1/4
2 September 1948
ENGLISH
Original: FRENCH
EXECUTIVE COMMITTEE
Second Session
Sub-Committee I on the International
Court of Justice.
Draft Amendment to Article 96 of the Charter,
submitted by the French Delegaion.
Add the following paragraph to Article 96:
"Without prejudice to the procedure provided
for in the present Chapter, the Member States
agree that any Member may bring before the
International Court of Justice claims against
one or more other Members for financial compensation,
in reparation of injuries which such Member may
regard itself as having sustained in consequence
of action taken by such other Member or Members
in implementation of the provisions of the present
Charter." |
GATT Library | yd236fd8966 | Sub-Committee J (Articles 30 and 31) | United Nations Conference on Trade and Employment, January 8, 1948 | Third Committee: Commercial Policy | 08/01/1948 | official documents | E/CONF.2/C.3/J/1 and E/CONF.2/C.3/E-J | https://exhibits.stanford.edu/gatt/catalog/yd236fd8966 | yd236fd8966_90190411.xml | GATT_148 | 99 | 854 | United Nations Nations Unies
UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.3/J/1
ON DU 8 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE J (ARTICLES 30 and 31)
At the Twenty Eighth Meeting of the Third Committee, 7 January 1948,
the Chairman, with the approval of the Committee, appointed Sub-Committee J
to consider and make recommendations upon Articles 30 and 31 and the
amendmeats submitted to these Articles.
The representatives of the following delegations were appointed to be
members of Sub-Commitee J:
Czechoslovakia
Ecuador
Egypt
Mexico
Netherlands
New Zealand
Pakistan
Switzerland
United Kingdom
United States |
GATT Library | jp369gz5262 | Sub-Committee J on Article 95, 96, 98, 99 and 100. Notes of Fifteenth Meeting. : Held on 19 February 1948 | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.110 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/jp369gz5262 | jp369gz5262_90200238.xml | GATT_148 | 636 | 4,300 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.110
ON DU 20 February 1943 ORIGINAL : ENGLISH
TRADE AND EMPLOYMENT COMMITTEE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLE 95, 96, 98, 99 AND 100
HeId on 19 February 1948
Chairman: Mr. AMADOR (Maxico)
The Sub-Committee the reoort of the Informal Working Party
on the United states amendment to Article 99 (document E/CONF.2/C.6/W.104).
The CHAIRMAN felt that since the Informal Working Party had been unable
to find a generally aceptable alternative to the insertion of a provision
in the Charter along, the lines of the United States amendment, the Sub-Committee
was faced now with the decision on the United States amendment itself
The representative of the UNITED STAETS stated that view of the
opposition which the United States amendment encountered, he was prepared to
withdraw that amendment.
The representative of the UNITED KINGDOM said that the objection of his
delegation had been less to the substance than to the time and place of
introduction of the United States amendment. The United Kingdom recognized
the burden of the United States taxpayer. He stated that it was not merely
their wish, but that they felt moral obligation to do what could be done to
alleviate that burden.
The representative of FRANCE associated himself with the comments of the
representative of the United Kingdom. --- çX;s.
The representative of DENMARK said that his country nand other neghbourig
countries were interested in restoration of trade relations with areas under
military ocsupation, and expreased the hope that the occupying powers would
take advantage of the new clause suggested for inclusion in Article 68.
The representative of CHINA thanked the United States representative for
his spirit of co-operation an assured him that his deletion viewed with
sympathy the real objective of the United States proposal which was, he
believed to find the means to alleviate the heavy burden on the United States
taxpayer, He said that he would call the ateention of the Chinase
representative on the Far Eastern Commission to this problem.
/Tho E/CONF.2/C.6/W.110 Page 2
The representative of FRANCE requested that a corrigendum be issued to
the French text of the report of the Informal Working Party, replacing the
word "variante" by the words solution alternative".
The representative of POLAND stated that as yet he had not received
instructions concerning the text agreed upon by the informal Workring Party.
Therefore, he was unable to take any definite position.
The representative of CZECHOSLOVAKIA stated that he reserved his position
pending the receipt of instruction from his government.
The CHAIRMAN suggested that, in order to avoid delay and to give
opportunity to delegates who might wish to consult with their governments on
the suggested inclusion of a new paragraph in Article 68, the Sub-Committee
submit a preliminary report to Committee VI including the text suggested by
the Working Party or insertion in Article 68.
The representative of POLAND suggested that the consideration of that
text by the Sub-Committee be suspended pending the recent of instructions
from his gpverment.
The representative of the UNITED STATES believed that a preliminary
report should be submmitted to Committee VI. Representative who had not
received instructions from their governments could reserve their position.
The representatove of CHINA agreed with the representative of the
The representative of FRANCE said that the Sub-Committee in its
preliminary report should recommend that the Committee examine the text
submitted by the Informal Working Party.
The representative of DENMARK moved the closure of the discussion.
The CHAIRMAN consulted the sense of the meeting, which was in favour of
closure of the discussion on that subject.
It was agreed that the Sub-Committee would submit a preliminary report
to Committee VI, on the UNITED STATES amendment Article 99, including the
suggestion of the Informal Working Party to insert a new clause in Article 68. |
GATT Library | hb474tn7720 | Sub-Committee J on Articles 95, 96, 98, 99 and 100 : Correction to notes on Eleventh Meeting (Document E/CONF.2/C.6/W-85) | United Nations Conference on Trade and Employment, February 4, 1948 | Sixth Committee: Organization | 04/02/1948 | official documents | E/CONF.2/C.6/W.85/Corr.1 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/hb474tn7720 | hb474tn7720_90200208.xml | GATT_148 | 62 | 423 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E /CONF. 2 /C. 6/
W.85/Corr.1 .
4. February 1948
ENGLISH ONLY
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95, 96, 98, 99 AND 100
CORRECTION TO NOTES ON ELEVENTH MEETING
(Document E/CONF.2/C.6/W-85)
The name of the Chairman of the Sub-Committee should read: Mr. AMADOB
(Mexico). |
GATT Library | xp311vh9259 | Sub-Committee J on articles 95, 96, 98, 99 and 100. New Zealand: Proposed amendment to Article | United Nations Conference on Trade and Employment, February 5, 1948 | Sixth Committee: Organization | 05/02/1948 | official documents | E/CONF.2/C.6/W.88 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/xp311vh9259 | xp311vh9259_90200211.xml | GATT_148 | 220 | 1,559 | RESTRICTED
United Nations Nations Unies
E/CONF .2/C.6/W.88
CONFERENCE CONFERENCE 5 February 1948
ON DU
TRADE AND EMLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95, 96, 98, 99 AND 100
NEW ZEALAND: PROPOSED AMENDMENT TO ARTICLE
The Chairman of the Sixth Committee, considering that the proposal of
the delegation of New Zealand in regard to paragraph 5 of Article 68 is
concerned with substantially the same matters as the proposal of the
delegation of the United States regarding the application of the Charter
tc Germany and Japan, has requested that Sub-Committee 3 take this proposal
into consideration. The text of paragraph 5 of Article 68 as proposed by'
the delegation of New Zealand is as follows:
"5. The Conference shall upon application by compotent authorities;
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 Unlted Nations; [and]
(c) any other special regime established by the United Nations; and
(i) eny other special regime in which two or more countries are
concerned es parties to an Intergovernmental agreement whether or not
all countries party to such agreement are actively engaged in the
administration of the regime. |
GATT Library | nt465vm3196 | Sub-Committee J on Articles 95, 96, 98, 99 and 100. Notes on Sixteenth Meeting. : Held on Saturday, 21 February 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, February 21, 1948 | Sixth Committee: Organization | 21/02/1948 | official documents | E/CONF.2/C.6/W.114 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/nt465vm3196 | nt465vm3196_90200245.xml | GATT_148 | 471 | 3,193 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.114
21February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95, 96, 98, 99 and 100
NOTES ON SIXTEENTH MEETING
Held on Saturday, 21 February 1948, at 10.30 a.m.
Chairman: Mr. AMADOR (Mexico)
The Committee considered the amendment of the United Kingdom to
Article 99.
The representative of the United Kingdom stated that the position of
separate customs territories "possessing full autonomy in the conduct of thei
external commercial relations and of the other matters provided for by the
Charter" was not affected by the proposed amendment.
Of the territories for which the United Kingdom has international
responsibility nearly fifty were separate customs territories within the
moaning of Article 42. The United Kingdom would prefer that those dependent
territories were entirely free to make the choice of whether or not they
entored the Organization.
Perhaps in the case of a very few of those territories : might provo
impossible to persuade them that it would be to their advantage to enter
the Organization and the idea of forcing something on Colonial Governments
was repugnant to his Government.
The United kingdom was firmly of the opinion that if entry were
permissive there was every reason for expecting that no Colony would elect
tc stay out.
The representative of France fully supported the statement of the
representative of the United Kingdom, though at the present no separate
customs territories existed in the Franch empire, in the future, however,
some dispositions of the colonial system might be revised.
The representative of the United States said that it should be
clarified in the report of the Sub-Committee that as a result of this
technique, no presumption could be drawn that such dependent territories
would be autonomous or quasi-autonomous in the conduct of their external
/commercial relations E/CONF.2/C.6/W.114 Page 2 commercial relations and or the other matters provided for by the Charter,
and thus qualify to bocome Members under Article 68.
The representative of the United Kingdom did not believe that any
suspicion could arise that those territories might be autonomous in the
conduct of their international trade relations.
On a question of the representative of China, the representative of the
United Kingdom clarrified that that provision would in no way affect rights
and obligations undor the General Agreement on Tariffs and Trade. Article XXVI
of the General Agreement would in no case be substituted by Article 99 of
tho Charter because it is not in Part II of that Agreement.
The representative of the United States suggested the necessity for a
consequential textual amendment of paragraph 3 of Article 68, and proposed
that a small working party should consider this point.
The CHAIRMAN appointed a working group composed of delegates of
Australia, United Kingdom and United States. |
GATT Library | rr216xh3858 | Sub-Committee J on Articles 95, 96, 98, 99 and 100. Notes on Thirteenth Meeting. : Held 5 February 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, February 5, 1948 | Sixth Committee: Organization | 05/02/1948 | official documents | E/CONF.2/C.6/W.90 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/rr216xh3858 | rr216xh3858_90200213.xml | GATT_148 | 904 | 5,882 | United Nations Nations Unies RESTRICTED E/CONF.2/C.6/W.90
CONFERENCE CONFERENCE 5 February 1948
ON DU ORIGINAL:ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZTION
SUB-COMMITTEE J ON ARTICLES 95, 96, 98, 99 AND 100
NOTES ON THIRTEENTH MEETING
Held 5 February 1948, at 10.30 a.m.
Chairman: Mr. AMADOR (Mexico)
Following the suggestion of the Chairman, the point of order raised
by France and Poland at the previous meeting was left in abeyance.
The representative of the United Kingdom moved that the Sub-Committee
should report to Committee VI that it considered it inadvisable to insert
into the Charter any provision which would have the effect of binding
..members to accord' certain treatmen to the trade of Germapy and Japan.
His interpretation as well as that of some other countries, of
international agreements which regulate the situation of Germany and Japan,
was at variance with the Interpretation put to the Sub-Committee by the
representative of the United State...
- He said that. in case that his motion were acceptpd, the Sub-Committee
could. consider the following alternative methods to accomplish the purpose
of the United-States amendment:
Firstly, not to take any steps relating to the trade of
. Germany and Japan before the treaties of peace or other permanent
arrangements had been arrived at; secondly, to insert a provision
in the Charter laying down. that, once the Organization had been
èstiblished. and functioning, it should study problems related to
bringing Garmany and Japan within the operations of the JTO; thirdly
to adopt a resolution to the effect that it was considered desirable
that the trade of Germany and Japan be conducted as soon as possible
and paticable, on. the; lines of. principles of the Charter.
He believed that some members would find it difficult to sign a
protoool oontaining, binding commitmens. and it would be undesirable in
principle that some countries should undertake additional obligations
which others might not accept. .
/The representative E/CONF.2/C.6/W.90
Page 2
The representative of Polad said that it was clear from the
discussion that great majority of representatives believed that previous
agreements prevented them to deal with the matter raised by the
"United. States amendment and the Sub-Committee should recognize that, taking
into acooumt the justidical situation, it could not take any decision on
the United States amendment.
The representative of India asked the Chairmen to give a precise
ruling whether the Sub-Committee was bound by the directive of the
Obairman of Committee VI that the Sub-Committee should consider, in the
first place, whethor the Conference was competent to deal vith the question
involved in the Uhited States amendment in its present form; and secondly,
if it were considered that the Conference was not competent to adopt the
amendment in its present form, the Sub-Committee should study the question
of how to amend the present the, so as to bring the substance of the
amendment within the competence of the Conference.
The Chairmen ruled that the Sub-Committee was bound by the directive
given by the Chairman of Committee VI and his ruling was not challenged by
any member of the Sub-Committee.
The representative of Czechslolvakie moved closure of the discussion
on the question whether the Conference was competent to take a decision
on the United States amendment.
The Chairman, however, invited the representative of New Zealand with
the permission of the Sub-Committee, to make a statement, since his ruling
that the Sub-Committee could discuses the competence of the Conference to
decide upon the United States amendment as suggested by the Chairman of
Committee VI, was not challenged, and no actual debate took place.
The representative of Now Zealand referred to his suggestion to add
a new sub-paragraph in Article 68, paragraph 5, (see document E/CC&F.2/C.6/
w.88). -
Ho did not see any reason to close the door to the possible
participation by Germeny and Japan in the work of the Organization.
New zealend was, however, a member of the Far Eastern Commission end was
not prepared to agree that the Charter should apply to Japan without the
approval of the Far Eastern Commission.
The Far Eastern Commission had been considering that question and
had adjourned its discussion, pending the outcome of this Conference to
enable the Commission to know the final text of the Chartar.
He considered that before it was undertaken to accord benefits of
the Charter to Germany and Japan, It should be adequately guaranteed that
\ /the authorities E/CONF.2/C.6/W.90
Page 3
the authorities controlling Germany and Japan would be able to accord
equitable reciprocal treatment.
In accordance with rules of prooedure the Chairman consulted then
the sense of the meeting of the closure of discussion moved by the
representative of Czechoslovakia. The sense of the meeting was in favour
of continuing the discussion.
The representative of Australia believed that the applicability of
the Charter to certain areas was clearly in the general subject matters
covered by the Charter. He, however, expressed doubts whether it would
be vise to take decision on the United States amendment, in view of the
fact that some governments might find themselves unable to implement such
a provision of the Charter.
The representative of Denmark, clarifying on the question of the
Protocol, said that it could be drafted in such a way as to facilitate
its denounciation on a short notice. States which would be unable to
accept the Protocol could stey outside, as in the case of the General
Agreement on Tariff an Trade. |
GATT Library | cb768fk1595 | Sub-Committee J on Articles 95, 96, 98, 99 and 100. Notes on Twelfth Meeting. : Held 4 February 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, February 5, 1948 | Sixth Committee: Organization | 05/02/1948 | official documents | E/CONF.2/C.6/W.87 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/cb768fk1595 | cb768fk1595_90200210.xml | GATT_148 | 746 | 4,865 | United Nations Nations Unies
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CONFERENCE CONFERENCE E/CONF.2/C.6/W.87
ON DU 5 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95, 96, 98, 99 AND 100
NOTES ON TWELFTH MEETING
Held 4 February 1948, at 6.00 p.m.
Chairman: Mr. AMADOR (Mexico)
The Sub-Committee continued to discuss the point of order raised by the
representative of France and supported by the representative of Poland.
The representative of the United States referred to the term of
reference of the Conference to show that the Economic and Social Council
intended the Conference to take decisions regarding Germany and Japan. This
was in conformity, namely, that the control authorities were merely the
agents of the governments responsible for the administration of Germany and
Japan, which governments should take the necessary decisions substance at
Havana,
The argument that had been advanced that acceptance of the United States
proposal would lead to a breach or obligations under other international
agreements was illusory. The United States delegation never had any
intention of attempting tomodify the control agreements and to clarify this
position he was prepared. to insert at the commencement of the proposal the
words withoutt prejudice to existing international agreements to which Members
are parties." The particular United States proposal before the Sub-Committee
was not the only place where questions of relationships vith other treaties
were involved. The argument that the Conference was not competent to discuss
the solution of the problem because of other treaties could therefore 'easily
be reduced to absurdity.
The United States proposal was so clearly not in conflict with the
control agreements that there seemed to be no need to examine the terms of
such agreements when discussing the proposal. It was specifically stated.
that the proposal was subject to these agreements. If at any time a conflict
arose between the United States proposal and the agreements, the agreements
would prevail. However, the United States delegation was prepared to examine
in detaIl the control agreements to show that as appractical matter its
proposal was not in conflict with them but as a natter of fact held
/considerable E/CONF.2/C. 6/W. 8
Page 2
considerable substance.
The representative of the United States then went on to quote extensively
from the control agreements, shoving that there was no inconsistency between
them and the United States proposal. He concluded by stating that not only
was there no inconsistency but the proposal would have substantial effect
covering all of Japan and most, if not all, of Germany. It would offer
substantial benefits not only to the. Occupied Areas but to all Members of the
Organization who dealt with those areas either at the present time or in the
future.
The representative of Denmark agreed with the remarks previously made by
the representative of Poland that the Conference did not have the power of
construing the control agreements for Germany and Japan. He suggested that
the Sub-Committee might seek other ways in which it might deal with the
United. States proposal than by inserting the substance of it in the Charter.
If this were done the Sub-Committee would need to make an examination of the
other articles of the Charter to ses if they were suitable for application to
Germany and Japan. He quoted the articles on economic development as ones
which might not appropriate as they were drafted in this respect; If it
vas agreed not to insert the substance of the United States proposal in the
Charter, a way out of the difficulty might be to suggest to the occupying
powers that they might apply the principles of the Charter in such way as they
saw fit.
The representative of France supported the suggestion of the
representative of Denmark which he considered would not have the dangerous
implications which the insertion of the United States proposal in the Chartes
might entail.
The Chairman reiterated his opinion that the Conference was a conference
of sovereign states which had the power to discuss any proposal within its
terms of reference. Each of these sovereign states alone was able to decide
whether it could undertake the commitments involved in the Charter whether
or not these commitments conflicted with commitments under other international
agreement to which they might be parties. He thought that at the next
meeting the Sub-Committee should concentrate its discussion upon an
examination of ways other than making specific provision in the Charter in
which the substance of the Unitéd States proposal might be met. |
GATT Library | sx016zd8986 | Sub-Committee J on Articles 95, 96, 98, 99 and 100. Summary record of Tenth Meeting. : Held on Friday, 30 January 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, January 30, 1948 | Sixth Committee: Organization | 30/01/1948 | official documents | E/CONF.2/C.6/W.79 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/sx016zd8986 | sx016zd8986_90200201.xml | GATT_148 | 553 | 3,625 | United Nations Nations Unies
CONFERENCE CONFERENCE RESTRICTED
ON DU E/CONF.2/C.6/W.79
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95, 96, 98, 99 AND 100
SUMMARY RECORD OF TENTH MEETING
Held on Friday, 30 January 1948, at 10.30 a.m.
Chairman: Mr. J. E. FAWCETT (United Kingdom)
1. CONSIDERATION OF THE INTERIM REPORT OF THE SUB-COMMITTE (E/CONF.2/.6/48)
The Sub-Comiittee exemined the interim report paragraph by paragraph and,
with several minor corrections, approved the report for submission to the
Sixth Committee.
2. CONSIDERATION OF UNITED STATES AMENDMENT TO ARTICLE 29
The CHAIRMAN opened the discussion by stating that the Sixth Committee
had referred the question of the competence of the Conference to examine the
United States amendment to Sub-Committee J and considered that this should be
the first point discussed.
The delegate for the United Kingdom said that the question of entering
Into commitments which concerned Germany end. Japan at this Conference was a
matter which would involve considerable examination on the part of the
United Kingdom; especially to determine whether the commitments entered here
would be reconcilable with other International commitments undertaken by his
country. He stated that as fer as Germany was concerned, the Potsdam Agreement
is the basic instrument of control and that the United States, the
United Kingdom and the Union of Soviet Socialist Republics are alone judges
of what their commitments are under that agreement. He concluded by saying
that the United Kindom entertained some doubts as to the advisability of the
United States amendment, but was, generally speaking, in agreement with the
proposal of that amendment.
The delegate for France, supported by the delegate for Poland, raised a
point of order and. stated that on this question there were international
questions which were not capable of being solved by the Conference on Trade and
Employment end felt that this Conference was not compotent to decide this
question.
In answer to a question from the delegate for the United States, the
CHAIRMAN stated that he had ruled that this mendment could be discussed in the
/Sub- Committee E/CONF.2/C.6/W.79
Page 2
Sub-Committee but that the Sub-Committee was now disdussing the competence of
the Conference to insert provisions in the Charter which could or might violate
other international agreements.
The delegate for Czechoslovakia pointed out that the Potsdam Agreement
cannot be changed here and that during the period of occupation the agreement
stated. that Germany "shall be treated as an economic unit". He felt that this
Conference was not compotent to decide this question.
The delegate for France, again raising a point of order, stated that If
the Sub-Committee declared that it was competent to deal with this question he
would be forced to take part only as en observer. The CHAIRMAN pointed. out
that no decision had been taken on whether this Conference can tale a decision
on this matter but only that the Conference may discus the United States
amendment.
To assume the. position of Chairman to take the place of Mr. J. E. FAWCETT
(United. Kingdom), who was leaving Ravana, Mr. Wunz KING (China) was nominated
by the delegate for Belgium and seconded by the delegate for France. Since
Mr. King was not present to express his acceptance or rejection of the
Chairmanship, the question was left open until the next meeting. |
GATT Library | vq685sq7883 | Sub-Committee J on Articles 95 to 100. Corrigendum. : Notes of the Fourteenth Meeting | United Nations Conference on Trade and Employment, February 12, 1948 | Sixth Committee: Organization | 12/02/1948 | official documents | E/CONF.2/C.6/W.93/Corr.1 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/vq685sq7883 | vq685sq7883_90200217.xml | GATT_148 | 137 | 940 | United Nations
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Corr .1
12 February 1948
ENGLISH-FRENCH
ORIGINAL: FRENCH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95 TO 100
CORRIGENDUM
NOTES OF THE FOURTEENTH MEETING
Page 1, eighth paragraph; at the end of the first sentence, insert the
words "without raising the question of the competence of the Conference".
In the following sentence, delete the words "the substance of".
SIXIEME COMMISSION: ORGANISATION
SOUS-COMMISSION J CHARGEE DE L'EXAMEN DES ARTICLES 95 a 100.
CORRIGENDUM
NOTES DE LA QUATORZIEME SEANCE
Page 2, insérer :L la fin de la première phrase du deuxièmc paragraphe, les
mots "sans soulever la question de la compétence de la Conférence" et
remplacer les mots "le fond de la question" par les mots "la question" dans
la phrase suivante. |
GATT Library | zr673ks1865 | Sub-Committee J on Articles 95 to 100. Note of the Fourteenth Meeting. : Held at the Capitol, Havana, Cuba, Saturday, 7 February 1948 at 6 p.m | United Nations Conference on Trade and Employment, February 9, 1948 | Sixth Committee: Organization | 09/02/1948 | official documents | E/CONF.2/C.6/W.93 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/zr673ks1865 | zr673ks1865_90200216.xml | GATT_148 | 687 | 4,494 | United Nations Nations Unies
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CONFERENCE CONFERENCE E/CONF.2/C.6/W.93
ON DU 9 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE J ON ARTICLES 95 TO 100
NOTE OF THE FOURTEENTH MEETING
Held at the Capitol, Havana, Cuba, Saturday, 7 February 1948 at 6 p.m.
The CHIRMAN referred to the summary record of the twelfth meeting and
explained that he made his concluding remarks in connection with a statement
of the United States:represantative who had invited suggestions as to
alternative ways of handling the problem.
The CHAIRMAN stated that the Sub-Committee by the Chairman
of Committee VI to take cognizance of the New Zealand proposal to amend
Article 68, paragraph 5,
The Sub-Committee then continued the debate on the competence of the
Conference to deal with the matter contained in the United States proposal.
The representative of France suggested to discontinue discussion on
that subject and to look for and consider concrete suggestions.
The representative of the United States supported the French suggestion
and said that the purpose of his amendment was to reach some agreement under
which principle of the Charter could be applied to the trade of territories
under occupation: He would be willing to consider suggestions as to any
other way of dealing with the matter.
The representative of China said that he would welcome a frank explation
by the United States representative of motives behind his amedment.
The representative of Czechoslovakia felt that a great part of members
of the Sub-Committee were of the opinion that nothing should be included in
the Charter on the trade of Germany and Japan because of legal and political
The CHAIRMAN felt that the sense of the Sub-Committee was in favour of
the French suggestion to consider the substance of the question and different
ways of dealing with it. At a previous meeting the suggestion was mad that a
working party might explore the best way of dealing with the substance of the
question and report to the Sub-Committee.
The representative of Belgium suggested. that a compromise solution would be
to attach an interprotative note to paragraph 1 of Article 99 explaining that
/the words E/CONF.2/C.6/W.93
Page 2
the words "of territories for which it has international responsibility" would
cover territories under military occupation. Members who would be unable to
accept such an interpretation could enter a reservation to the interpretative
note.
The representatives of the United Kingdom and of France believed that
and interpretative note would have the same binding effect as a provision
in the Charter itself.
The representatives of Czechoslovakia and Poland opposed as well the
Belgian prDposal which was supported by the representative of Denmark.
The representative of the United States believed that the issue should not
be foreclosed before other suggestions had been examined. He suggested the
termed of reference of the Working Party should be to examine all other possible
ways in which problems of commercial relations of the occupied territories
should be brought into conformity with provisions of the Charter.
The representative of France believed that if some Members would refuse to
participate in future work of the Sub-Committee, no useful conclusions could
be arrived at and, therefore, it would be better to limit the work in such a
way as to allow everybody to participate. If some Members would ot be able
to agree with the conclusions, they, could raise the question in a full
Committee.
The representative of the United Kingdom said that he would not press his
motion of reporting back to the Committee on the inadvisability of dealing vith
the United States amendment in the .ase that all other ways would be explored.
with the exception of the inclusion in the Charter of a specific provision
laying down certain obligations as regards the trade of Germany and Japan.
The CHAIRMAN established an informal working party, composed of
representatives of Belgium, China, Denmark, France, United Kingdom, United. States
to study methods of dealing with the substance of the United States proposal
other than inclusion in the Charter of a specific provision without prejudice
to the final decision on the United States amendment. |
GATT Library | vj786cx7710 | Sub-Committee on Article 1 | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.109 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/vj786cx7710 | vj786cx7710_90200237.xml | GATT_148 | 151 | 1,138 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/w.109
ON DU 20 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 1
Text for initial paragraph of Article 1 and consequently amendment
agreed by Delegatea of Uruguay and the United States.
"Recognizing the determination of the United Nations to
create conditions of stability end well-being which ere
necessary for peaceful and friendly relations among nations."
Amend the third paragraph of the Article by changing
the reference in the lest line to Article 55 of the United
Nations Charter instead of to Article 55 (a) of that Charter."
Text for a new paragraph of Article 1, to follow present paragraph 4,
as agreed between Delegates of France and the United States.
"5. To increase freedom of trade by encouraging the
development of greater economic unity throughout areas more
extensive than those defined by political frontiers." |
GATT Library | gt880yp8210 | Sub-Committee on Article 1. Notes on First Meeting. : Held 10 February 1948 at 6.00 pm | United Nations Conference on Trade and Employment, February 11, 1948 | Sixth Committee: Organization | 11/02/1948 | official documents | E/CONF.2/C.6/W.96 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/gt880yp8210 | gt880yp8210_90200220.xml | GATT_148 | 322 | 2,283 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.96
ON DU 11 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 1
NOTES ON FIRST MEETING
Held 10 February 1948 at 6.00 pm.
Chairman: Mr.COLBAN (Norway)
The amendment to the preamble suggested by the delegation of Uruguay
(document E/CONF.2/C.6/12, page 28) was accepted in principle and the
representatives of the United States and Uruguay were asked to prepare an
appropriate draft.
There was no support in the Sub-Committee for the amendment to the
preamble suggested by the delegation of El Salvador (document
E/CONF.2/C.6/12/Add.11). However, as the representative of El Salvador was
assent, it was agreed that this amendment would be considered at a later
meeting.
The amendment to paragraph 1 proposed by the delegation of Italy
(document E/CONF.2/C.6/12) was withdrawn, the representative of Italy
reserving his right to give an explanation in plenary session.
After some discussion the amendment to paragraph 2 proposed by the
delegation of Ecuador (document E/CONF.2/C.6/12) was referred to a working
party composed of the representatives of Ecuador, the United Kingdom, the
United States and Uruguay.
The amendment to paragraph 2 suggested by the delegation of Norway
(document E/CONF.2/C.6/12) was withdrawn on the understanding that the point
in question had been covered elsewhere in the Charter.
The amendment to paragraph 4 presented by the delegation of Mexico
(document E/CONF.2/C.6/12/Add.12) gained the support of only two members
of the Sub-Committee. It, together with the amendment to this paragraph
proposed by the delegation of Uruguay (document E/CONF.2/C.6/12) was also
referred to the working party which had already been set up.
It was suggested that the proposal by the delegation of Mexico to add
a new paragraph between the present paragraphs 3 and 4 (document
E/CONF.2/C.6/12/Add.12) might be met by the insertion in paragraph 3 of the
words "raw material" between "markets" and "products". Discussion on this
amendment was deferred until a later meeting. |
GATT Library | tm965jn8996 | Sub-Committee on Article 1. Notes on Second Meeting. : Held 11 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 11, 1948 | Sixth Committee: Organization | 11/02/1948 | official documents | E/CONF.2/C.6/W.97 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/tm965jn8996 | tm965jn8996_90200221.xml | GATT_148 | 396 | 2,801 | RESTRICTED
United Nations Nations Unies E/CONF.2/C.6/W.97
CONFERENCE CONFERENCE 11 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 1
NOTES ON SECOND MEETING
Held 11 February 1948 at 10.30 a.m.
Chairman: Mr. COLBAN (Norway)
The delegations of Argentina, Belgium, Ecuador, Italy, Norway and the
United Kingdom supported the proposal by the delegation of France to add a
paragraph between the present paragraphs 4 and 5 (document E/CONF.2/C.6/12).
The delegations of Egypt and the United States considered that Article 1
was not the proper place in the Charter for this amendment. The following
redraft was tentatively accepted pending consultation within delegations:
"to achieve progressively greater freedom of trade by assisting in
the establishment and development of economic units wider in
character than those determined by political frontiers."
The Sub-Committee unanimously agreed with the principle contained in
the proposal by the delegation of Argentina to add a new paragraph between
the present paragraphs 5 and 6 (document E/CONF.2/C.6/12). However, the
Sub-Committee considered that it would not be appropriate to include this
paragraph in the specific objectives of the International Trade Organization,
The delegations of Argentina and Uruguay reserved their right to reopen this
question in the Sixth Committee. It was agreed that the results of the
discussion should be recorded in the report of the Sub-Committee.
The delegations of Argentina, Ecuador, Italy and Uruguay supported the
proposal of the delegation of Norway to change the title of the Organization
to "International Trade and Employment Organization". The delegations of
Belgium, the United Kingdom and the United States opposed this proposal,
Whilst the delegations of Egypt and France expressed themselves as
indifferent. It was agreed that this result should be recorded in the -
report of the Sub-Committee.
After discussion of the rearrangement of Article 1 proposed by the
delegation of Costa Rica document E/CONF.2/C.6/12/Add.20) it was agreed
that the delegatian of Costa Rica had not intended to remove the very clear
and desirable distinction which had been made in the Geneva text between
/"the purpose" E/CONF.2/C.6/W.97
Page 2
"the purpose" and "the objectives" of the Organization. In view of this it
was thought that the arrangement of the Geneva text should be retained
although the phrase "the States parties to this Charter" in the second
paragraph of Article 1 Should be amended to read "the parties to this
Charter". |
GATT Library | fr624pn9759 | Sub-Committee on Article 1. Notes on the Third Meeting. : Held 19 February 1948 at 4.00 p.m | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.107 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/fr624pn9759 | fr624pn9759_90200235.xml | GATT_148 | 384 | 2,660 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.107
CONFERENCE CONFERENCE 20 February 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE LEMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 1
NOTES ON THE THIRD MEETING
Held 19 February 1948 at 4.00 p.m.
Chairman: Mr. COLBAN (Norway)
The representative of Mexico reserved his position regarding the
proposal of his delegation to add a new paragraph between the present
paragraphs 3 and 4 (document E/CONF.2/C.6/12/Add.12) until the whole of
Article 1 had been drafted by the Sub-Co-mmittee.
The proposal of the delegation of Norway to change the titie of the
Organization to "International Trade and Employment Organization" was
withdrawn.
Various workings were discussed to meet the amendment to the preamble
suggested by the delgation of Uruguey (document E/CONF.2/C.6/12). The first
part of this amendment, namely the following redraft of the opening words
of the preamble: "Recognizing the determination of the Unted Nations to
create necessary conditions of stability and wellbeing through peaceful and
friendly relations among national", was accepted unanimously. Although the
principle of the remaining part of the amendment was accepted, no
wording could be found in the Sub-Committee and the representatives of
Uruguay and the United State were asked to consult again with a view to
finding a wording acceptable to both of them.
In view of the acceptance in principle of the proposal of the delegation
of Uruguay above mentioned, the representative of El Salvador withdrew the
amendment the preamble suggested. by his delegation
The Working Party set up to consider, inter alie, the amendment to
Paragraph 2 proposed by the delegation of Ecuador document E/CONF.2/C.6/12)
not having come to a unanimous conclusion, this amendment was again referred
to the Working Party for further consideration.
Since the second meeting it was found that delegations had not been
able to agree upon a definite wording for the new paragraph proposed by the
/delegation of France E/CONF/2.C.6/W.107 Page 2
delegation of France (document E/CONF.2/C.6/12), The delegations of France
and the United State were asked to consult regarding this amendment.
It was found that the Working Party had not been able to agree upon the
amendments to paragraph 4 presented by the delegations of Mexico and Urguay.
Accordingly the Working Party was asked to reconsider this matter with a
view to finding a unanimous solution. |
GATT Library | rk391sw8728 | Sub-Committee on Article 1 Notes upon the Fourth Meeting : Held 3 March 1948 at 7.00 p.m | United Nations Conference on Trade and Employment, March 3, 1948 | Sixth Committee: Organization | 03/03/1948 | official documents | E/CONF.2/C.6/W.125 and E/CONF. 2/C. 6/W. 119-126 C. 6/J/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/rk391sw8728 | rk391sw8728_90200259.xml | GATT_148 | 444 | 3,048 | Uniyrf Nations
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COMMERCE ET DE LEMPLOI 3.March 1948
0RIGINAL ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 1
NOTES UPON THE FOURTH MEETING
HELA 3 March 1948 at 7.00 p.m.
Chairman: Mr. SUETENS (Belgium)
The Sub-Committee approved the text for the initial paragraph of Article l
and. the consequential amendment agreed by the representatives of Uruguay and
the United States documentt E/CONF.2/C.6/W.109).
The text agreed between the representatives of France end. the United. States
for a new paragraph 5 was also'approved, subject to change of the phrase
"greater economic unity" to "closer economic integration".
Upon instruction of bis government the representative of Ecuador withdrew
bis proposal to insert a new paragraph 3 in the statement of objectives
(document E/COF..2/C.6/12/Add.12) and substituted the following wording which
he suggested. should be inserted, in the same part of Article 1:
"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 end the prices of manufactures
so as to establish the necessary equity between those prices."
The representative of Ecuador explained that this wording was the wording of
Resolution No. 46 adopted by the Conference of Chapultepec.
The representative of the United States stated that it would be inappropriate
to insert this wording in Article 1 as nothing in the Charter gave the
Organization authority t'o fix prices.
.The representatives of the United Kingdom Norway, France, Belgium,
Italy, Uruguay and Egypt ported the statement of the United States.
The representative of Ecuador replied that hs thought the amendment of
his delegation-was -relevent because the Charter aimed at raising stanards
of living and. this was exactly the purpose of the proposal of his delegation.
The representative of Argentine expressed support of the principle cortained
in the amendment under discussion and wondered whether its substance could not
be met in some other part of the Charter.
/In reply E/CONF.2/C.6/W.125 Page 2
In reply to. the representative of Argentine the representative of the
United States pointed out that sub-paragraph (f) of Article 69 covered the
substance of the proposal.
It was agreed that the results of the discussion should. be recorded in
the report of the Sub-Committee. -Tbe representativè of Ecuador reserved. his
position pending the receipt of further instructions from his government.
After further discussion of-the proposed amendments to paragraph 4 of
the statement of objectives by the:representatives of Mexico and Uruguay,
it was agreed that his paragraph should be amended to read, as follows:
"4. To promote the reduction of tariffs and, other barriers to trade
and. the elimination of.,discriminatory treatment in international
commerce." |
GATT Library | jc172mg7123 | Sub-Committee on Article 75 (Composition of the Executive Board) : China: Amendment to the United States formular for Article 75 (Document E/CONF.2/C.6/W.5) | United Nations Conference on Trade and Employment, January 5, 1948 | Sixth Committee: Organization | 05/01/1948 | official documents | E/CONF.2/C.6/W.5/Add.1 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/jc172mg7123 | jc172mg7123_90200107.xml | GATT_148 | 172 | 1,333 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF .2/C .6/W.5/
ON DU Add.1
ON DU 5 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
CHINA: AMENDMENT TO THE UNITED STATES FORMULAR FOR
ARTICLE 75 (DOCUMENT E/CONF.2/C.6/W.5)
1. The delegation of China suggests that paragraph 2 should read as
follows:
"2. In selecting the members of the Executive Board, the Conference
shall Shave regard to the necessity and desirability of ensuring that
the Board be composed of Members of chief economic importance and
other Members, representing in each case, the diverse types of
economy and major geographical areas existing within the membership
of the Organization.
"In determining the economic importance of a Member as indicated
above, account shall be taken of the basic factors of population,
external trade and national income."
2. The delegation of China suggests that in paragraph 3 (a) the words
"chief economic importance" should be substituted for the words "chief
importance in International trade." |
GATT Library | tk391gh2728 | Sub-Committee on Article 75 (Composition of the Executive board). Compromtse formula suggested by the Delegation of Cuba. : Annex X to Article 75 | United Nations Conference on Trade and Employment, January 26, 1948 | Sixth Committee: Organization | 26/01/1948 | official documents | E/CONF.2/C.6/W.72 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/tk391gh2728 | tk391gh2728_90200193.xml | GATT_148 | 521 | 3,366 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C. 6/W.72
ON DU 26 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
COMPROMTSE FORMULA SUGGESTED BY THE DELEGATION OF CUBA
Annex X to Article 75
In the absence of the rules and regulations to be adopted by the
Organization for the implementation of Article 75, and to facilitate the
work of the first Conference, the following rules shall apply at the first
election:
1. Six seats shall be filled, under Article 75, sub-paragraphs 3 (a) and
3 (b), by representatives of Member countries in the Western Hemisphere
(North, Central and South America). If five or more of these 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 Hamisphere, eligible under sub-paragraph 3 (b), have
not became Members of the Organïzation at the tine of the election, only two
seats shall be filled under the same sub-paragraph. The seat or seats thus
unoccupied should not be filled before the Conference otherwise decides by
a two-thirds 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:
(i) The two countries in the Western Hemisphere and the three countries
or customs unions in Europe with the largest external trade; and
(ii) The three countries with the largest population, 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 and decide, by
a two-thirds majority, whether or not the vacancy shall be filled at that
election.
3. The election of Mambers of the Executive Board under the criterion of
Article 75, sub-paragraph 3 (b), shall be conducted so as to insure the
adaquate implementation of the requirements of Article 75, having regard, among
/other considerations, E/CONF.2/C.6/W.72
Page 2
other considerations, to the fact that geographical group may be representative
of affinities between a number of countries, giving their group a character of
distinctiveness and unity.
4. The eight Member 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, shall serve for a
term of two years, and the remaining five Members for a term of four years.
To be Inserted in the Sub-Committee's Report
Paragraph 3 of this Annex is intended to cover the case of certain
geographical group, such as the Arab States, other Near East States, countries
in the North of Europe, etc. "It is anticipated that amy one such group may
deem it convenient to present a common candidate to represent the particular
interest of all the countries of the group. |
GATT Library | sd411zv3030 | Sub-Committee on Article 75 (Composition of the Executive Board). Correction to summary record of Twelfth Meeting | United Nations Conference on Trade and Employment, January 15, 1948 | Sixth Committee: Organization | 15/01/1948 | official documents | E/CONF.2/C.6/W.31/Corr.1 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/sd411zv3030 | sd411zv3030_90200140.xml | GATT_148 | 207 | 1,522 | RESRICTED
United Nations Nations Unies E/CONF.2/C.6/
W.31/Corr.1
CONFERERENCE CONFERENCE 15 January 1948
ON DU ENGLISH - FRENCH
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
CORRECTION TO SUMMARY RECORD OF TWELFTH MEETING
The third. paragraph of document E/CONF.2/C.6/W.31 should be amended.
so as to show that the representative of Peru was not in favour of the
proposal that there should be a range of not less than six and not more
than eight specified in paragraph 3(a), and the delegation of Cuba should
be deleted. from the list of representatives who opposed this proposition.
SIXIEME COMMISSION : ORGANISATION
SOUS-COMMISSION CHARGEE DE L'EXAMEN DE L'ARTICLE 75
(COMPOSITION DU CONSEIL EXECUTIF)
RECTIFICATIF AU COMPTE RENDU DE LA DOUZIEME SEANCE
Il y a lieu de modifier le troisième paragraphe du document E/CONF.2/C.6/
W.31 de façon à montrer que le représentant du Pérou n'est pas favorable à
la proposition tendant à spécifier que le nombre de sièges mentionné à l'alinéa
3 (a) doit être compris entre six et huit et il faut supprimer Cuba de la listed
des représentants qui se déclarent opposés à cette proposition.
(La deuxième rectification a déjà été apportée au text français). |
GATT Library | tj288vp7180 | Sub-Committee on Article 75 (Composition of the Executive Board). Corrigendum to note by Mexico on Article 75 | United Nations Conference on Trade and Employment, January 6, 1948 | Sixth Committee: Organization | 06/01/1948 | official documents | E/CONF.2/C.6/W.17/Corr.1 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/tj288vp7180 | tj288vp7180_90200124.xml | GATT_148 | 144 | 1,088 | United Nations Nations Unies RESTRICTED
CONFERENEC E/CONF.2/C.6/w.17/Corr.1
ON DU 6 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EPLOI ORIGINAL:- FRENCH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
CORRIGENDUM TO NOTE BY MEXICO ON ARTICLE 75
In the text of paragraph 1 of Article 75 proposed by the delegation of
Mexico in document E/CONF.2/C.6/w.17 the beginning of the last sentence
should be amended to read "The other twelve members of the Board shall be
elected.
SIXIEME COMMISSION : ORGANISATION
SOUS-COMMISSION CHARGEE DE L'EXAMEN DE L'ARTICLE 75 (COMPOSITION DU CONSEIL
EXECITIF)
CORRIGENDUM A LA NOTE DU MEXIQUE CONCERNANT L'ARTICLE 75
Dans le texte proposé par la délégation du Mexique pour le Paragraphe
l de l'article 75 qui figure au document E/CONF.2/C.6/w.17, le début de la
dernière phrase doit s'énoncer comme suit : "Les douze autres membres du
Conseil seront élus..." |
GATT Library | ks668jc5682 | Sub-Committee on Article 75 (Composition of the Executive Board) : Corrigendum to summary record of Fifth Meeting (Document E/CONF.2/C.6/W.9) | United Nations Conference on Trade and Employment, January 7, 1948 | Sixth Committee: Organization | 07/01/1948 | official documents | E/CONF.2/C.6/W.9/Corr.1 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/ks668jc5682 | ks668jc5682_90200113.xml | GATT_148 | 181 | 1,345 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C. 6/W.9/
ON DU Corr. 1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 7 January 1948
ORIGINAL : ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
CORRIGENDUM TO SUMMARY RECORD OF FIFTH MEETING
(Document E/CONF.2/C.6/W.9)
On page 2, eleventh line from the bottom, after the sentence "It
would be necessary to give due representation in this category for the
verious stages of economic development" insert the following to
subsitute the lines in that paragraph from the words "He thought....."
to the words "..... might be employed", as follows:
"He suggested the word.; "chief economic importance taking account
of the basic factors of population, external trade and national
income". The group of states of chief economic importance should
be representative geographically, and also from the point of view
of equitable representation of countries of diverse types of economic
structure and at verying stages of development. He also thought that
the wording similar to that used for the Security Council in the
Charter of the United Nations might be employed." |
GATT Library | hs879vv3587 | Sub-Committee on Article 75 (Composition of the Executive Board) : Mexico: Note on Article 75 | United Nations Conference on Trade and Employment, January 6, 1948 | Sixth Committee: Organization | 06/01/1948 | official documents | E/CONF.2/C.6/W.17 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/hs879vv3587 | hs879vv3587_90200123.xml | GATT_148 | 326 | 2,264 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/W.17
ON DU 6 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
ORIGINAL: SPANISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
Mexico: Note on Article 75
The delegatlon of Mexico, aIthough not represented on Sub-Committee C
(Article 75) of the Sixth Committee, has nevertheless followed with great
interest the progress so far made by this Sub-Committee. In the general
discussion the Mexican delegation supported Alternative B of the Geneva Draft.
Nevertheless, in view of the considerations put forward in the
Sub-Committee regarding tho amendments submitted there, especially the text
proposed by the United. States deIegation (document E/CONF.2/C.6/W.5), and
prompted by the desire to contribute once again towards a satisfactory
solution by the Conference of the problem of the final drafting of Artice 75,
the Mexican delegation proposes the following text of paragraph 1 of
Article 75:
"1. The Executive Board. shall consist of the representatives
of eighteen Members of the Organization, elected by the Conference
by the affirmative vote of two-thirds of those present and voting.
Six of the Members ranking highest in volume of international trado
shall be declared, by a two-thirds majority of the Members present
and voting, elected as Memers of the Executive Board at the firat
election and. shall continue thereafter as Members of the Board until,
at the tine of any subsequent election, the Conference determines,
by a two-thirds majority of the Members present and voting, that any
such Memeber of the Board has ceased to occupy one of the six highest
places ln the volume of international trade and declares elected in
its stead another Member. The other twelve Members of the Board shall
-be selected among the other Members, having regard to the desirability
of ensuring that the Board is representative of the various degrees
of economic development and. of the major geographic areas included.
in the membership of the Organization".
Havana, Cuba, 5 January 1948. |
GATT Library | qh773fz9016 | Sub-Committee on Article 75 (Composition of the Executive Board). Notes on the Eleventh Meeting. : Held 9 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 9, 1948 | Sixth Committee: Organization | 09/01/1948 | official documents | E/CONF.2/C.6/W.28 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/qh773fz9016 | qh773fz9016_90200136.xml | GATT_148 | 309 | 2,145 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2 /C .6/W.28 9 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
NOTES ON THE ELEVENTH MEETING
Held 9 January 1948 at 10.30 a.m.
Chairman: Mr. JABBARA (Syria)
The Sub-Committee continued its consideration of paragraph 3 (a) of the
United States draft,
Mr. COUILARD (Canada) supported paragraph 3 (a) without amendment.
Mr. PARANAGUA (Brazil) stated that ho would not support any plan at the
present stage as he did not see how any of the formulae proposed would enable
the election of a balanced Board.
Mr. SCARPATI (Argentina) agreed with the representative of Australia
that a number of seats should not be specified in the paragraph under
discussion. He would not commit himself to any formula at this stage but he
considered the Australian draft as the best which had been propounoed.
Mr. GAZDER (Pakistan) emphasized that ho thought seats should be allotted
under paragraph 3 (a) on the basis only of extent of international trade. He
though eix ceats should be allotted. as a maximum. He supported the
Australian proposal for the establishment of machinery of the type of a
nominations committee,
Mr. FORTHOMME (Belgium) and Mr. KOJEVE (France) favoured paragraph 3 (a)
without amendmont.
Mr. KARMARKAR (India) supported specification of the number of eight
but only on the understanding that after those states which were clearly of
chief importance in international trade had been allotted seats, criteria
other than chief importance in international trade would be taken into
account in allotting the remainder of the seats.
Mr, ALAYZA (Peru) considered that some formula such as the Australian
draft embodied following the principle of free elections should be adopted.
Mr COLBAN (Norway) suggasted that the word the" should be deleted
before the word "eight". |
GATT Library | cc589nk6793 | Sub-Committee on Article 75 (Composition of the Executive board). Notes upon the Fifteenth Meeting. : Held 29 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 29, 1948 | Sixth Committee: Organization | 29/01/1948 | official documents | E/CONF.2/C.6/W.77 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/cc589nk6793 | cc589nk6793_90200199.xml | GATT_148 | 231 | 1,640 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.6/W.77
29 January 1948
ENGLISH - FRENCH
ORIGINAL - ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE
BOARD)
NOTES UPON THE FIFTEENTH MEETING
Held 29 January 1948 at 3.00 p.m.
Chairman: Mr. JABRARA (Syria)
The Sub-Committee considered document E/CONF.2/C.6/.75 bein6 its draft
report to the Sixth Committee. Various drafting amendments were approved.
The delegations of Australia, Brazil, Italy, Pakistan and Peru entered
reservation of different types and. varying in degree to this report which
was adopted as amended at the meeting.*
* The texts of these reservations will, be found in the Report of the
Sub-committee - document E/CONF.2/C.6/53.
SIXIEME COMMISSION: ORGANISATION
SOUS-COMMISION CHARGEE D'ETUDIER L'ARTICLE 75
(COMPOSITION DU CONSEIL EXECUTIF)
NOTES DE LA QUINZIEME SEANCE
tenue le 29 janvier 1948, à 15 heures.
President: M. JABBARA (Syrie)
la Sous-Commission examine le project de rapport à la Sixième Commission
(doctument E/CONF.2/C.6/W.75). Divers amendements de rédaction sont adoptés. E/CONF.2/C.6/W.77
French
Page 2
Les délégations de l'Australie, du Brésil, de l'Italie, du Pakistan et du
Pérou formulent des reserves *, de nature et d'importance diverse à l'encontre
dudit rapport, qui est adopt dans sa teneur, aeprès les amendements qui lui
ont été apportés en cours de aéance.
* On trouvera le texte de ces réserves dans le rapport de la Sous-Commission,
document E/CONF.2/C.6/53. |
GATT Library | ph540vw1862 | Sub-Committee on Article 75 (Composition of the Executive Board) : Redraft of Article 75 Suggested by the Working Group ln Accordance with the Instructions of the Sub-Committee Article 75 | United Nations Conference on Trade and Employment, January 13, 1948 | Sixth Committee: Organization | 13/01/1948 | official documents | E/CONF.2/C.6/W.39 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/ph540vw1862 | ph540vw1862_90200149.xml | GATT_148 | 406 | 2,711 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE
ON DU E/CONF.2/C.6/W.39
TRADE AND EMPLOYMENT COMMERECE ET DE L'EMPLOI 13 January 1948
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
Redraft of Article 75 Suggested by the Working Group
ln Accordance with the Instructions of the Sub-Committee
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
custom union, as defined ln paragraph 4 of Article 42, may be so elected
if all of its members are Members of the Organization and if its members
desire to be represented as a unit.
2. The Executive Board shall be representative of the major geographical
areas included within the membership of the Organization. In selecting
the members 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 custom unions of chief economic importance having
particular regard. to international trade. Such Members or customs
unions ahll 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 is 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 shall apply.
Any vacany 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.
/ANNEX "X" E/CONF.2/C.6/W.39
Page 2
ANNEX "X"
Of the ton members elected to the Executive Board at the first election
under sub-paragraph (b) of Paragraph 3 of Article 75, five members, as
determined by lot, shall serve for a term of two years, and the remaining
five members for a term of four years. |
GATT Library | bd560hz5139 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of Ninth Meeting. : Held 6 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 7, 1948 | Sixth Committee: Organization | 07/01/1948 | official documents | E/CONF.2/C.6/W.18 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/bd560hz5139 | bd560hz5139_90200125.xml | GATT_148 | 380 | 2,655 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/.6/W.18
ON DU 7 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
SUMMARY RECORD OF NINTR MEETING
Held 6 January 1948 at 3.00 p.m.
Chairman: Mr. JABBARA (Syria)
Mr. AMADOR (Mexico), upon the invitation of the Chairman, presented
his delegation's redraft of paragraph 1 of Article 75 (document
E/CONF. 2/C . 6/W. 17).
It was agreed that this proposal might be discussed at a later stage
when delegates had had further time to study it.
The sub-committee then considered the redraft of paragraph 2 prepared
by the working party consisting of the delegates of France, Peru and the
United States which had, been set up at the last meeting (document
E/CONF . 2/C . 6/w. 16).
Mr. MACHADO (Cuba) criticized this redraft on the grounds of obseurity
and suggested the following text:
"2. The Executive Board shall be representative of the major
geopraphical areas included within the membership of the Organization.
"In selecting the Members of the Executive Board, the Conference
shall ensure that:
"(a) It includes Members of chief economic importance with
particular regard to international trade; and
"(b) It is representative of the diverse types of economies
or different degrees of economic development existing within
the membership of the Organization."
Mr. WUNSZ-KING (China) proposed the following text which he thought
vas preferable to the redraft prepared by the working party:
"2. The Executive Board shall be representative of the major
geographical areas included, and of the diverse types of economies
or different degrees of economic development existing, within the
membership of the Organization, and shall include Members of chief
economic importance having particular regard to international trade."
/The sub-committee E/CONF.2/C.6/W18 Page 2
The sub-committee agreed to accept provisiorally the vext of
paragraph 2 prepared by the working party on the underestanding that it
would be re-examied by the drafting group which would be later appointed
to prepare an appropriate text for the whole of Article 75 Thie drafting
group vould then take into account the alternative texts proposed. by the
delegates for Cuba and China.
It was agreed .that at the next meeting the sub-committe would
commence, discussion of paragraph 3 of the UniteI States drat. |
GATT Library | cb473zp4166 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of the Eighth Meeting. : Held 2 January 1948 at 4.00 p.m | United Nations Conference on Trade and Employment, January 3, 1948 | Sixth Committee: Organization | 03/01/1948 | official documents | E/CONF.2/C.6/W.14 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/cb473zp4166 | cb473zp4166_90200120.xml | GATT_148 | 433 | 3,034 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.14
ON DU 3 January 1948
TRADE AND EMPLOYMENT . COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75
(COMPOSITION OF THE EXECUTIVE BOARD)
SUMMARY RECORD OF THE EIGHTH MEETING
Held 2 January 1948 at 4.00 p.m.
Chairman: Mr. JABBARA (Syria)
The Sub-Committee continued its consideration of paragraph 2 of the
United States draft.
Mr. GAZDER (Pakistan) reiterated his support for alternative (b)-but
said that he would also support the Australian draft. He considered that
the factor of national income was included in the criterion of extent of
international trade.
Mr. WUNSZ-KING (China) agreed that the principal criterion was extent
of international trade but he stressed that other factors, including
population, must be taken into account.
The CHAIRMAN, summing up, said that he thought that paragraph 2 of the
United States draft was acceptable in principle to the Sub-Committee. There
were three points upon which it seemed unanimity could not be reached:
(a) the use of the expression "chief importance in international trade",
(b) the use of alternative sub-paragraphs (b) and (c) or alternative
sub-paragraph (b), and
(c) the use o the expression "chief importance in international
trade" or the expression 'chief economic importance" qualified by
some other factors.
He proposed that he should take the sense of the meeting on each of
these three points upon which no agreement had been reached, commencing with
point (c), then point (b) and finally point (a).
Mr. MONDELLO (Italy) reminded the Sub-Committee of the compromise
proposal he had made at the previous meeting, namely, that sub-paragraph (a)
should read chieff economic importance having particular regard to
international trade."
After some discussion it was agreed that the sense or the meeting
should be taken upon the Italian compromise proposal regarding
sub-paragraph (a). This proposal was adopted, eleven delegates being in
favour and three against.
/The Sub-Committee E/CONF.2/C. 6/W.14
Page 2
The Sub-Committeè then concentrated its discussion upon alternative
sub-paragraphs (b) and (c) and alternative sub-paragraph (b).
Mr. STINEBOWER (United States) suggested that, in the light of remarks
made by the delegates for China and Cuba, paragraph 2 should read as
follows:
"2. In selecting. . . . . . the Board:
"(a) includes Members of chief economic importance having
particular regard to international trade
"(b) is representative of the diverse types of economic
development
with due consideration to the principle that all major geographic
areas ehould be represented."
It was agreed that the delegates for France, Peru and the United. States
should produce a new text of paragraph 2 for consideration at the next
meeting. |
GATT Library | tw806zn1418 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of the Fifteenth Meeting. : Held 17 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 17, 1948 | Sixth Committee: Organization | 17/01/1948 | official documents | E/CONF.2/C.6/W.52 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/tw806zn1418 | tw806zn1418_90200164.xml | GATT_148 | 245 | 1,809 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C. 6/W.52
ON DU 17 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGNAL; ENGLISH
SIXTH COMMITTE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTI VE BOARD)
SUMMARY RECORD OF THE FIFTEENTH MEETING
Held 17 January 1948 at 10.30 a.m.
Chairman: Mr. JABBARA (Syria)
The Sub-Committee continued its discussion of the redraft of Article 75
proposed by the representative of Cuba (document E/CONF.2/C.6/W.51).
Mr. PARANAGUA (Brazil) said that in the opinion of his delegation there
was no connection between the matters of voting and composition of the
Executive Board. His delegation was prepared to accept any Executive Board
so composed that it was balanced and satisfied the criteria set out in
paragraph 2 of the United States draft. His delegation did not consider it
necessary to have semi-permanent seats upon the Board but if some countries
of chief economic importance desired to have such seats, his delegation
considered that not less than one-third of the Members of the Board should
be governments of the Western Hemisphere.
Mr. MARTEN (United Kingdom) in reply to the representative of Brazil,
said that his delegation had not given up its proposition for a system of
weighted voting. Only when the Charter had been put into final form would
the United Kingom delegation be able to give its final position on this
question.
It was agreed that the meeting should then adjourn in order to allow
representatives time to consult informally. |
GATT Library | pg469yt1014 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of the Fourteenth Meeting. : Held 15 January 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, January 16, 1948 | Sixth Committee: Organization | 16/01/1948 | official documents | E/CONF.2/C.6/W.50 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/pg469yt1014 | pg469yt1014_90200162.xml | GATT_148 | 558 | 3,851 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.50
ON DU 16 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIX COMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
SUMMARY RECORD OF THE FOURTEENTH MEETING
Held 15 January 1948 at 6.00 p.m.
Chairman: Mr. JABBARA (Syria)
The sub-committee discussed the redraft of Article 75 produced by
the working party set up at the last meeting (document E/CONF.2/C.6/W.39).
Mesers. ALAYZA (Peru) and COOMBS (Australia) said that their
participating in the working party did not mean that they agreed vith the
text produced.
Two points emerged in the discussion of paragraph 1. The representative
of Cuba maintained his opposition to the inclusion of customs unions in
this paragraph and the representatives of Belgium and France favoured the
adoption of the text as it stood. Certain representatives expressed doubt
as to whether the word "elected" should not read "selected." It was agreed
to pass on to paragraph 2, leaving these two points to be decided at a
Later stage.
The representative of Cuba opposed the mention of customs unions in
this paragraph also. The representative of Pakistan maintained his
opposition to the phrase "chief economic importance having particular
regard to international trade" both in paragraph 2 and in paragraph 3 (a).
M. FORTHOMME (Belgium), referring to the remarks of the representative
of Pakistan, said that the members of the sub-committee might reflect upon
the possibility of changing this phrase so as to bring out the real
intention behind it, that intention being to ensure that Members whose
presence on the Board was necessary for the efficient working of the
Organization would always be members of it.
Mr. MACHADO (Cuba) proposed two amendments to paragraph 3. He suggested
that the figure eight in sub-paragraph (a) be amended to six and that these
six states should be elected by the Conference by a two-thirds majority of
the Members present and voting ater it had by a similar majority determined
the twelve states of chief economic importance having particular regard to
international trade. This proposal would combine the processes of
selection and election. /Mr. GAZDER (Pakistan) E/CONF.2/C.6/W.50
Page 2
Mr. GAZDER (Pakistan) supported the proposed amenlment of the figure
eight to six.
The representatives of Belgium, Canada, France, India, Norway and the
United Kingdom opposed the amendments suggested by the representative of
Ouba whilst the representative of Peru supported them. The representative
of China reserved his position upon them as did the representative of
Argentina who remarked nevertheless that they were very interesting. The
representative of Australia- said that if the representative of Cuba would
agree to changing the phrase "chief economic importance having particular
regard to international trade" to chief trading importance" he would be
prepared to recommend the amendments to his delegation.
Mr. KELLOGG (United. States) said that he thought the sub-committee had
agreed that some kind of semi-selection of the larger trading states for
membership of the Board would give it continuity and that the presence of
such states upon the Board which would be assured by such a method would
lend greater weight to the Board's decisions. If the proposals of the
representative of Cube meant that the six states of chief economic importance
having particular regard to international trade might not obtain seats upon
the Board, these proposals would be unacceptable to his delegation. |
GATT Library | vd978sq3538 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of the Tenth Meeting. : Held 8 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 9, 1948 | Sixth Committee: Organization | 09/01/1948 | official documents | E/CONF.2/C.6/W.25 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/vd978sq3538 | vd978sq3538_90200133.xml | GATT_148 | 282 | 1,977 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.25
ON DU 9 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMLOI ORIGINAL : ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
SUMMARY RECORD OF THE TENTH MEETING
Held 8 January 1948 at 3.00 p.m.
Chairman: Mr. JABBARA (Syria)
The Sub-Committee discussed paragraph 3 (a) of the United States draft.
Mr. COLBAN (Norway) suggested the following wording:
"3 (a) At intervale. . . . . voting, up to a number of eight
Members or customs unions, etc."
Messrs. COOMBS (Australie) and MONDELLO (Italy) opposed the
specification of the number of seats to be given to Members of chief
importance in international trade. Mr. Coombs favoured the setting up by
the Conference of machinery of the type of a nominations committee which
would determine and recomend the composition of the Board.
Mr. FORTHOME (Belgium) was opposed to the establishment of machinery
such as that suggested by the representative of Australia.
Mr. MACHADO (Cuba) suggested a renge of not less than six but not
more then eight Members of chief economic importance In international
trade be prescribed.
Mr. WUNSZ-KING (China) proposed that paragraph 3 (a) be adopted on
first reading, between square brackets if necessary. The phrase "chief
importance in international trade" should be amended to "chief economic
importance having particular regard to international trade."
Messrs. MARTEN (United Kingdom) and STINEBOWER (United States)
favoured paragraph 3 (a) as it stood, Mr. Stinebower arguing that to
specify a rabge of Members of chief importance in international trade was
of little practical use when any one figure prescribed could be amended
under Article 95. Just as easily as a Board could be elected. |
GATT Library | mw674rp2769 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of the Thirteenthe Meeting. : Held 10 Januery 1948 et 3.00 p.m | United Nations Conference on Trade and Employment, January 12, 1948 | Sixth Committee: Organization | 12/01/1948 | official documents | E/CONF.2/C.6/W.35 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/mw674rp2769 | mw674rp2769_90200145.xml | GATT_148 | 352 | 2,385 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.35 12 January 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
SUMMARY RECORD OF THE THIRTEEN THE MEETING
Held 10 Januery 1948 et 3.00 p.m.
Chairman: Mr. JABBARA (Syria)
The Sub-Committee bad before it document E/CONF.2/C.6/W.29, being a
working paper prepared by the Secretariet upon the question of the annex
referred to in paragraph 4 of the United States draft.
Mr. STINEBOWER (United Stetes) was in favour of the annex containing a
list of the states or customs unions of chief economic importance having
particular regard to international trade to be elected at the first session
of the Conference, together with a provision such as that mentioned in
paragraph 3 of the Secreterist paper. He also favoured the inclusion in the
annex of a provision to the effect that should one of the eight states or
customs unions listed not be a Member of the Organization et the first session
of the Conference, the seat allotted to that state or customs union should
remain vacant until the second session when it would be filled. He suggested.
that the eight states or customs unions should be: the 'Benelux" Customs
Union, Canada China, France, India, the United Kingdom, the Union of Soviet
Socialist Republic and the United States.
Opinions were evenly divided in the Sub-Committee as to whether a list
such as that proposed by the representative of the United States or a full
list of all the Members to be elected et the first session of the Conference
should be included in the annex. ln the circumstances the Chairman announced,
that the question of the list would be further considered. at a later stage.
The representatives of' Australia, Belgium, Peru and the United States
were appointed as a working party to draft appropriate language for Article
75 upon the basis of the decisions already reached by the Sub-Committee. The
working party was also charged with preparing a draft annex containing only
the procedure to be followed at the first election. |
GATT Library | fs412yj0476 | Sub-Committee on Article 75 (Composition of the Executive Board). Summary record of the Twelfth Meeting. : Held 9 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 9, 1948 | Sixth Committee: Organization | 09/01/1948 | official documents | E/CONF.2/C.6/W.31 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/fs412yj0476 | fs412yj0476_90200139.xml | GATT_148 | 582 | 3,958 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.31
ON DU 9 Januaay 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
SUMMARY RECORD OF THE TWELFTH MEETING
Held 9 January 1948 at 3.00 p.m.
Chairman: Mr. JABBARA (Syria)
The CHAIRMAN took the sense of the meeting on the proposition that
there should not be any limitation upon the number of seats to be allotted.,
under paragraph 3(a) of the United States draft. The representatives of
Argentina, Australia, Italy, Pakistan and Peru expressed themselves in
favour of this proposition while the representations of Belgium, Canada,
China, Cuba, El Salvador, France, India, the United Kingdom and the
United States were opposed to it.
The sense of the meeting was then taken on whether a number of six
should be specified in paragraph 3(a). The representatives of Argentina,.
Auatralia, Pakistan, and Peru were in favour of this proposition whilst the
representatives of Belgium, Canada, China, Cuba, El Salvador, France, India,
the United Kingdom and the United States were opposed to it.
The sense of the meeting was then taken on the proposition that there
should be a range of not less than six and not more than eight specified in
paragraph 3(a). The representatives of Argentina, Australia, Cuba, Norway,
Pakistan and Peru were in favour of this proposition. The representatives
of Belgium, Canada, China, Cuba, El Salvador, France, India, the United Kingdom
and the United States were opposed to it.
The CHAIRMAN declared that the majority of the Sub-Committee favoured
the adoption of paragraph 3(a) with only the amendment consequential upon
changes made in paragraph 2, namely, that the words "chief importance in
international trade" should be replaced by "chief economic importance having
particular regard to international trade."
Mr. GAZDER (Pakistan) requested that in the report of the Sub-Committee
it should be recorded. that he favoured in both paragraphs 2 and 3 the use of
the phrase "chief importance in international trade" rather than '"chiaf
economic importance having particular regard to international trade"
/The Sub-Committee E/CONF.2/C.6/W.31
Page 2
The Sub-Committee then considered paragraph 3(b). Seven representatives
expressed themselves as opposed to the amendment presented by the
representative of Cuba (document E/CONF.2/C.6/W.5/Add.2) whilst four
representatives were in favour of it. The CHAIRMAN accordingly declared
that the majority of the Sub-Committee was opposed to this amendment. The
representatives of Cuba and Pakistan asked that this proposition and their
attitude shoud be notad in the report of the Sub-Committee,
The Sub-Committee then considered paragraph 3(c) and agreed , on the
motion of the representative of Cuba, that the majority required. should
be a majority of the Members present and voting.
The Sub-Committee then turned to a consideration of paragraph 4. It
was agreed that the term of office of a member should be three years and
that the second sentence of this paragraph should. be deleted.
Regarding paragraph 5 the representative of China asked that a sentence
on the following lines should be inserted in the report of the Sub-Committee;
"The Chinese delegate hoped that when the Conference was preparing Its
rules of procedure its attention would be called. to the desirabity of
making a rule in the sense that in determining the economic importance
of a Member account should be taken of the basic factors of external
trade, national income and population."
It was agreed that at the next meeting the Sub-Committee would. consider
the drafting of the annex referred to in paragraph 4. |
GATT Library | xk652zg2595 | Sub-Committee on Article 75 (Composition of the Executive Board) : Text of Article 75 as Provisionally Accepted by a Majority of the Sub-Committee | United Nations Conference on Trade and Employment, January 10, 1948 | Sixth Committee: Organization | 10/01/1948 | official documents | E/CONF.2/C.6/W.34 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/xk652zg2595 | xk652zg2595_90200144.xml | GATT_148 | 352 | 2,419 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.34
ON DU 10 January 1948 ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
Text of Article 75 as Provisionally Accepted
by a Majority of the Sub-Committee
Article 75
Composition of the Executive Board
1. The Executive Board shall consist of the representative of [eighteen]
Members of the Organization selected by the Conference. A customs union, as
defined in paragraph 4 of Article 42, shell be eligible for a seat on the
Executive Board, if all of its members are Members of the Organization and If
its member states desire to be represented as a unit.
2. In selecting the members of the Executive Board, the Conference shall
have regard to the objective of ensuring that the Board Included Members 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,
The Executive Board shall be representative of the major geographical areas
inclulded within the membership of the Organization.
3. (a) At intervals of tree years the Conference shall determine, by a
majority of the Members present and voting, the eight Members or customs
unions of chief economic importance having particular regard to
international trade. Such Members or customs unions shall be declared
elected as 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 to elected, the remainder of
the election shall be by a majority of the Members present and voting.
4. Subject to the provisions of Annex X, the term of a member of the Executive
Board shall normally be three years. [ Any vacancy in the Board shall be filled
by the Conference, at its next session, for the unexpired term of the vacancy.]
5. The Conference shall establish rules for giving effect to the provisions
of this Article. |
GATT Library | rb434dg3508 | Sub-Committee on Article 75 (Composition of the Executive Board) : Working Paper Prepared by the Secretariat | United Nations Conference on Trade and Employment, January 9, 1948 | Sixth Committee: Organization | 09/01/1948 | official documents | E/CONF.2/C.6/W.29 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/rb434dg3508 | rb434dg3508_90200137.xml | GATT_148 | 397 | 2,513 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C .6/W.29 9 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSITION OF THE EXECUTIVE BOARD)
Working Paper Prepared by the Secretariat
1. It is difficult for the Secretariat to present to the Sub-Committee a
working draft of the Annex referred to in paragraph 4 of the United, States
draft of Article 75 (E/CONF.2,/C.6/W .5) inasmuch as it has not become very
clear in the course of discussion whether delegates are agreed upon what
should appear in such an Annex, and if they are so agreed, just what is
the content of their agreement. Howaver, in the intereats of expediting
work the Secretariat has prepared this paper principally in order that the
Sub-Committee will have some basis upon which to work.
2. .A certain feeling has become evidont in the Sub-Committee among a few
.delegates that the Annex should include a list of states and custom unions
to be either "declared elocted" or electeded" at the first regular session of
the Conference. The Socretariat does not feel itself able to suggest such
a list to be used as a workïnag basis.* In any case it feel rather doubtful
whether the general teneur of the United States draft does in fact indicate
that the Annex should include such a list. A perusal of the draft rather
gives the impression that the substance of the Annex to to show merely how
the electrion of the first Board is to be arranged so. as to allow for
implementation of the principle of rotation, This paper is therefore
confined to showing how this may be done.
3. The principle of rectation. would, it seems, be adequately implemented
were the Annex to include the following paragraph:
"Ihe term of office off five of the members elected at the f first
election under paragraph 3 (b) of Article 75, such members to be
determined by lot, shall expire at the end of two years. The term
of the remaining five such members shall expire at the end of four
years . "
* The Secretariat if requested ceuld prepare on the basis of document
E/CONF.2/4Rev. l a list of states of chief importance in international
trade but this list might not satisfy the criterion of "chief economic
importance having particular regard to international trade." |
GATT Library | kx309wc7094 | Sub-Committee on Article 75 (Compostion of the Executive board). Draft report | United Nations Conference on Trade and Employment, January 28, 1948 | Sixth Committee: Organization | 28/01/1948 | official documents | E/CONF.2/C.6/W.75 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/kx309wc7094 | kx309wc7094_90200197.xml | GATT_148 | 983 | 6,409 | United Nations Nations Unies RESTRICTED
E/CONF.2/C.6/W.75
CONFERENCE CONFERENCE 28 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT - COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 75 (COMPOSTION OF THE EXECUTIVE BOARD)
DRAFT REPORT
1. The Sub-Committee was .composed of the representatives of. Argentina,
Australia, Belgium, Brazil, Canada, EI Salvador, China, Cuba, France,
Italy, India, Norway, Pakistan, Peru, Syria, Turkey, United Kingdom and
United States, and held sixteen meetings under the chairmanship of
Mr. Jabbara (Syria).
2. In addition to Alternatives A, B and C contained in the Report of the
Preparatory Committee the Sub-Committee took into consideration further
proposals submitted by the delegations of Australia, France, Mexico and
the United States. As a result of a long study of all the problems involved,
the Sub-Committee recommend to the Sixth Committee the following text of
Article 75 Including an annex stating certain rules to apply at the first
election: -
Article 75
Composition of the Executive Board
1. The Excecutive 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
if its members desire to be represented as a unit.
2. The Executive Board shall be representative of the major
geographical areas included within the membership of the Organization
In selecting the members of the Executive Board, the Conference shall
have regard to the objective of ensuring that the Board Includes Members
or custom unions of chief economic importance having particular regard
to international trade, and is representative of the diverse types of
economies or diferent 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 customs E/CONF. 2/C. 6/W.75
Page 2
Members or customs unions of chief economic importance having
particular regard to international trade. Such Members or customs
unions shall be declared member 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 is 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 shall
apply. Any vacancy In the Board shall be filled by the Conference for
the unexpired, term of the vaoancy.
5. The Conference shall establish rules for giving effect to the
provisions of this Article.
Annex X
In the absence of the rules and regulations to be adopted. by the
Organization for the implementation of Article 75, and to facilitate the
work of the first Conference, the following rules shall apply at the tirst
election:
1. Six seats shall be filled, under Article 75, sub-paragraph 3 (a)
and 3 (b), by representatives of Member countries in the Western
Hamisphere (North, Central and South America). If five or more of these
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 ln 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. deoides by a two-thirds 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 (e),
namely:
i (1). The, two countries in the Western Hemisphere and the three
countries or customs unions in Europe participating in the
- Havena Conference with the largest external. trade, and
ii) The three countries with the largest population, having ln
view their potential importance in international trade.
/Should. any E/CON. 2/C.6/W.75
Page 3
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 or 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
regaed, among other considerations, to the tact that georaphical group
may be representative of affinities between a number of countries, giving
their group a character of distinctiveness and unity.
4. The eight Mambers 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), rive Members, as determined by lot, shall serve
for a term of two years and the remaining five Members for a term of
four years.
3.. Paragraph 3 ot the Annex ls intended to cover also the case of certain
geographical group, such as the Arab States, other Muddle and Near East States:
States In the North of Europe. It is anticipated that any one such group may
deem it convenient to present a common candidate to represent the particular
interests of all the countries of the group,
4. The following minority viewpoints are recorded: *
* The views of delegations wishing to have reservations entered to the Report
might be recorded-hero. The text cf such researations should be
communicated to the Secretary as soon as possible. |
GATT Library | xv585jp5416 | Sub-Committee on Article 81 (The Tariff Committee). Corrigendum to summary record of the Second Meeting (Document E/CONF.2/C.6/W.13) | United Nations Conference on Trade and Employment, January 5, 1948 | Sixth Committee: Organization | 05/01/1948 | official documents | E/CONF.2/C.6/W.13/Corr.2 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/xv585jp5416 | xv585jp5416_90200119.xml | GATT_148 | 131 | 1,084 | United Nations Nations Unies RESTRICTED
E/CONF.2/C.6/W.13/
CONFERENCE CONFERENCE Corr.2
ON DU 5 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH - FRENCH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 81 (THE TARIFF COMMITTEE)
CORRIGENDUM TO SUMMARY RECORD OF THE SECOND MEETING
(Document E/CONF.2/C.6/W.13)
Page 2 - Mr. KOJEVE (France)
5th line - ..."subject to examination and revision by unanimous
agreement should its......"
should read:
."subject to examination and revision by agreement should its...."
SIXIEME COMMISSION: ORGANISATION
Sous-Commission charge de l'étude de l'article 81
(Comite des tariffs douaniers)
RECTIFICATIF AU COMPTE RENDU DE LA DEUXIEME SEANCE
Page - 2me ligne
au lieu de:
..,...par accord unanime dans le cas où ses dispositions ne seraient pas
conformes'...
Lire
par voie d'accord dans le cas où ses dispositions ne seraient pas
conformes..... |
GATT Library | bj390hr0060 | Sub-Committee on Article 93 (Relations with non-members) : Cirrigendum to notes upon the Sixth Meeting and to working paper prepared by the Secretariat | United Nations Conference on Trade and Employment, February 21, 1948 | Sixth Committee: Organization | 21/02/1948 | official documents | E/CONF.2/C.6/W.111/Corr., E/CONF.2/C.6/W.112/Corr.1, and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/bj390hr0060 | bj390hr0060_90200240.xml | GATT_148 | 164 | 1,230 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.111/
ON DU 21 February 1948 Corr. 1 E/CONF.2/C.6/W.112/ Corr.1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
CIRRIGENDUM TO NOTES UPON THE SIXTH MEETING AND TO
WORKING PAPER PREPARED BY THE SECRETARIAT
The proposed of the delegation of Iran contained on page 2 of
document E/CONF.2/C.6/W.111 and on page 1 of document E/CONF.2/C.6/W.112
should read: "if such agreements are not inconsistent with the purpose
of the Charter."
SIXIEME COMMISION : ORGANIZATION
SOUS-COMMISSION CHARGEE D'ETUDIER L'ARTICLE 93
(RELATIONS AVEC LES ETATS NON MEMBERS)
RECTIFICATIF AUX NOTES DE LA SIXIEME SEANCE
ET AU DOCUMENT DE TRAVAIL PREPARE PAR LE SECRETARIAT
La proposition de la délégation de l'Iran, qui figure a la page 3
du document E/CONF.2/C.6/W.111 et à la page 1 du document E/CONF.2/C.6/W.112
doit se lire comme suit : "si ces accords ne sont pas en contradiction
avec le but de la Charte". |
GATT Library | fk994fj0099 | Sub-Committee on Article 93 (Relations with non-members). Correction to summary record of the Firsth Meeting | United Nations Conference on Trade and Employment, January 16, 1948 | Sixth Committee: Organization | 16/01/1948 | official documents | E/CONF.2/C.6/W.33/Corr.1 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/fk994fj0099 | fk994fj0099_90200143.xml | GATT_148 | 280 | 1,788 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.6/W.33/
Corr.1
16 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
CORRECTION TO SUMMARY RECORD OF THE FIRSTH MEETING
In the summary record of the first meting of this Committee, the remarks
attributed to Mr. Evans (United States) at the top of page 2 should be revised
to read:
"He explained that the word 'seek' had been used in both paragraph 1
of Alternative B and paragraph 1 of Alternative C instead of the word
'receive' so as not to include advantages extended unilaterally by a
non-Member to a Member, where the Member neither requests nor pays
for such advantage."
The above should replace the sentence beginning "He explained" and
ending "or preferential advantages".
SIXIEME COMMISSION : ORGANISATION
SOUS-COMMISSION CHARGEE DE L'EXAMEN DE L'ARTICLE 93 (RELATIONS
AVEC LES ETATS NON-MEMBERS)
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA PREMIERE SEANCE
Dans le compte rendu analytique de la premiere séance de cette Sous-Commission
il y a liev de modifier comme suit intervention de M. Evans (Etats-Unis)
(page 2, troisième paragraphe):
"Il explique que le mot 'rechercher' a été utilisé da préférence à 'recevoir'
à la fois dans le -paragraphe I de la variante B et la paragraphe l de la
variante C, de façon à ne pas include les advantage accordés unilatéralemeat
par un Etat non membre. à un Etat membre, lorsque ce dernier ne les a pas
demandés et ne fournit aucune contre partie."
Le txte ci-dessus remplace la phrase commencantt par "Ileoxplique que..."
et se terminant par" ;. ait fait une demnde à cet efect". |
GATT Library | bt862km0810 | Sub-Committee on Article 93 (Relations with non-members). Corrigdum to the summary record of the Fourth Meeting | United Nations Conference on Trade and Employment, January 20, 1948 | Sixth Committee: Organization | 20/01/1948 | official documents | E/CONF.2/C.6/W.56/Corr.1 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/bt862km0810 | bt862km0810_90200170.xml | GATT_148 | 176 | 1,279 | United Nations Nations Unies RESTRICTED
CONFERENC CONFERENCE E/CONF.2/C.6/W.56 Corr.1
ON DU 20 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'MPLOI ENGLISH - FRENCH ORIGINAL :FRENCH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
CORRIGDUM TO THE SUMMARY RECORD 0F THE FOURTH MEETING
On page 3, lins 1 read:
........a Member should not engage in relations with a
non-Momber which would prevent it from applying the Charter.
He could not agree that a Member should be obliged not to
accept from a non-Member a treatment which it could not
obtain from a Member.
SIXIEME COMMISSION ORGANISATION
SOUS-COMMISSION CHARGEE DE L'EXAMEN DE L'ARTICLE 93
(RELATIONS AVEC LES ETATS NON MEMBRES)
CORRIGENDUM AU COMPE RENDU ANALXTIQUE DE LA QUATRIEME SEANCE
Page 4, par. 2, ligne 4, à lire:
.......qu'un Etat Membre ne doit pas nouer avec un Etat non Membre
des relations qui l'empêcheraient d'appliquer les dispositions de la
Charte.
Il ne peut admettre qu'un Etat Membre soit obligé da refuser un
traitement qu'un Etat non Membre lui accorde et qu'il ne pourrait
obtenir d'un Mambre, |
GATT Library | vd565ct1406 | Sub-Committee on Article 93 (Relations with non-members). Corrigendum to summary record of Fourth Meeting | United Nations Conference on Trade and Employment, January 22, 1948 | Sixth Committee: Organization | 22/01/1948 | official documents | E/CONF.2/C.6/W.56/Corr.2 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/vd565ct1406 | vd565ct1406_90200171.xml | GATT_148 | 163 | 1,237 | United Nations Nations Unies RESTRICTED
E/CONF.2/C.6/W.56/
COFERENCE CONFERENCE Corr.2
ON DU 22 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH ORIGINAL: FRENCH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
CORRIGENDUM TO SUMMARY RECORD OF FOURTH MEETING
Page 3 - Replace the last paragraph:
"Mr. RICHARD (France) said that it would ........."
by the following:
"Mr. RICHARD (France) said that it would often be difficult
for Members to refuse advantages offered to them by Non-Members.
But another aspect of the problem that must not be overlooked was
the position of Members faced with agreements between Non-Members
and other Members. The problem was obviously complex. It should
nevertheless be borne in mind that strict application of the
Charter by two Members might make trade between them more difficult
than between a Member and a Non-Member.
While reserving the position of the French delegation, he
thought that the Chairman's statement of principle showed the way
in which the Sub-Committee should proceed." |
GATT Library | xw481jw3567 | Sub-Committee on Article 93 (Relations with non-members). Corrigendum to wprlomgpaper prepared by the Secretariat | United Nations Conference on Trade and Employment, February 25, 1948 | Sixth Committee: Organization | 25/02/1948 | official documents | E/CONF.2/C.6/W.112/Rev.1/Corr.1 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/xw481jw3567 | xw481jw3567_90200243.xml | GATT_148 | 212 | 1,613 | United Nations Nations Unies RESTRICTED
E/CONF.2/C.6/W.112/
CONFERENCE CONFERENCE Rev.1/Corr.1
ON DU 25 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH-FRENCH ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZAION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
CORRIGENDUM TO WPRLOMGPAPER PREPARED BY THE SECRETARIAT
ON page 2 of document E/CONF.2/C.6/W.112/Rev.1 the amendment to
paragraph 3 of Article 93 suggested by the delegation of United Kingdom
in paragraph (d) should read as follows:
"3. Subject to the provisions of Chapter IV, no Member shall
extend to the trade off a non-Member treatment which, being more
favourable than that which it extends to any Member, materially
injures the economic interests of another Member."
SIXIEME COMMISSION: ORGANISATION
SOUS-COMMISION CHARGE DE L'ETUIE LE L'ARTICLE 93
(RELATIONS AVEC LES ETATS NON MEMBRES)
Rectifficatif au document de travail rédigé par le Secrétariat.
A la page 3 du document E/CONF.2/C.6/W.12/Rev.1, l'amendement que la
délégation du Royaume-Uni a proposé d'apporter au paragraphe 3 de l'article 9
et qui figure dans le paragraphe d) du document, doit s'énoncer comme suit:
"Sous réserve des dispositions du chapitre IV, aucun Etat Membre
n'appliquera au commerce d'un Etat non Membre, un traitement qui,
étant pllus favorable que celui qu'il applique à un Etat Membre
quelconque, porte prejudice d'uns manière appréciable aux intérêts
économiques d'un autra Etat Membre." |
GATT Library | nh248xh8106 | Sub-Committee on Article 93 (Relations with non-members). Notes on Fifth Meeting. : Held 19 January 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, January 20, 1948 | Sixth Committee: Organization | 20/01/1948 | official documents | E/CONF.2/C.6/W.61 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/nh248xh8106 | nh248xh8106_90200178.xml | GATT_148 | 1,923 | 12,448 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/W.61
ON DU 20 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL; ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
NOTES ON FIFTH MEETING
Held 19 January 1948 at 6.00 p.m.
Chairman: Mr. FORTHOMME (Belgium)
Mr. STUCKI (Switzerland), upon the invitation of the Chairman, put
three Questions to the sub-committee as practical examples illustreting
the doubts he had that the Charter should contain provisions regarding the
acceptance by Members of advantages from non-Members. These three questions.
were as followed:
1. Switzerland was a non-Member and was importing considerable
quantities. of wheat. Wheat exporting countries, with the exception
of the United States, had closed their doors to Swiss exports.
Accordigly Switzerland, instead of dividing her requirements of
wheat equally amongat wheat exporting countries, decided to take
a relatively greater share from the United States than from any
other country. Could the United States as a Member accept this
privilege?
2. Switzerland was a non-Member and had extended. credit to
neighbouring countries devastated. by war. When Switzerland asked
for reimburseement one of these countries replied that she could
only make reimbursement in merchandise. Switzerland then extended
to that country a preferential tariff or a quota in respect of
such marchandise. Could that country, a Member, accept such a
privilege? ., .
3. Switzerland was a Member and one of her neighbouring countries
for example, Austria, was not a Member. Austria asked Switzerland
for a credit and in reply to a query by Switzerland as to how -
reimbursement was to be made, Austria stated that reimbursement
could. be made only by deliveries of woo which was in scarce
supply throughout Euxrope. The normal thing for. Switzerland to
**. . /do would E/CONF.2/C.6/W.61
Page 2
do would be to give Austria a preferential tariff on wood, but
Switzerland being a ember this could not be done Accordingly
Austria restricted her export of wood, and licensed only exports
of wood destined for Switzerland Would Switzerland have the
right to accept this privilege? Mr. Stucki said that as he
understood the various drafts of paragraph 1 which had been
submitted to the sub-committee, Switzerland would not be able
to accept.
Mr. MARTEN (United. Kingdom) said that, in reply to the firet question
of the representative of Switzerland, he thought that the action Switzerland
proposed to take would, be permissible under the Charter if the United Kingdom
draft of paragraph -1 (see page 4 of document E/CONF.2/C.6/W.46) wers accepted
for another Member vould not be able to argue that it would obtain a larger
quota of wheat imported into Swit:erland or could. expect to obtain such a
larger quota If the United States did not accept the greater shares offered
to it.:
-The other two questions asked by the representative of Switzerland vera
special cases In that they concerned the payment of debts. These might be
cases vhere a waiver of obligations should be sought from the Organization.
Regarding the third question asked by the representative of Switzerland
he thought that this type of situation could only be settled by all the
parties concerned. getting together and agreeing on an equitable solution.
The principles upon which that settlement should be based should be
repayment of the amount owing to Switzerland and the ensuring that all
countries neighbours of Austria received minimum quotas of Austrian wood.
He throught that the questions posed by the representative of Switzerland
were rather complex and the answers he had. given were only provisional
and subject to consultation with his delegation.
Mr. EVANS (United.States) said that he could not at this stage give
any Final answer to the questions asked by the representative of Switzerland.
The representative of the United Kingdom. had partially answered these
questions but full answers were difficult as the sub-committee had before
it several texte. Answers additional to those given by the representative
of the Uinted Kingdom might be found in the fact that the provisions of
Article 93 should, be flexible and in the special provisions made In the
Charter for exceptions.- He thought that the sub-committee had now made
sufficient progress with its discussions of paragraph 1 to anable a working
party to be established.
Mr. AUGENTHALER (Czechoslovakia) said that if It were agreed that
only customs duties end taxes were to be covered by paragraph 1 a working
/party might E/CONF.2/W.6/W.61
Page 3
party might do some useful work. However, if there was no agreement upon
this point, he did not see what a working party could do.
Mr. MARTEN (United Kingdom) added a further remark to the answers he
had given in his previous statement -the representative of Switzerland.
In the second. and third. cases mentioned. by that representative it was to
be assumed that the nsighbours of Switzerland, which were concerned. were in
balance-of-payments difficulties. The Charter made special provisions
ta cover such situations.
Mr. STUCKI. (Switzerland), replying to the representative of the
United Kingdom, emphasized that the cases he had. posed were not concerned
with the question of what debtor countries could do but vith what creditor
countries could. accept in payment of amounts owing to them. He appreciated
fully the position of the representative of Czechoalovakia. However, the
hole question concerned not only quotas but also taxes on exports. For
example, in the third case he had. quoted, Austria might, instead of
limiting export licenses on wood to wood destined for Switzerland, impose
a.tax. on the. exportation of wood and might in the case of wood, destined
for Switzerland reduce that tex. This would amount to a measure of
discrimination against other Members. Could. Switzerland as a Member
accept such an, advantage?
Mr. DE GAIFFIER (Belgium) said that he thought the sub-committee was
in agreement upon the following points:
. 1. The Charter could. not impose any obligations on non-Members.
2. The provisions of Article 93 should, be flexible so as to allow
Members which were creditor countries to accept a privileged treatment
although at the same time taking account of the interests of Members.
No Member should negotiate with a non-Member with the intention of
discriminating against other Members. Each case must be judged
on its own merita The Charter could oblige Members to notify the
Organization of negotiations with non-Members and provide for recourese
at a later stage to the Organization.
Mr. AUGETHALER (Czechoslovakia) did not agree with the remarks of
the respresentative of Belgium. It would be most difficult to decide
objectively what was the intention of a country. It was also impracticable
to ask any sovereign state to submit its actions to the prior approval of
the Organization. . - . . :
The CHAIRMAN summed up the discussion as follows:
1. The provisions of the Charter- should guide the actions of
Members In the their relations with-no-Members.-
/2. The E/CONF.2/C.6/W.61
Page 4
2. The treatment to be accorded to non-Members should not be
punitive in character.
3. The relations between Members and non-Members resolved, itself
now into a matter of translating practical considerations into
principles.
he did not think the time had come to set up a working party on
paragraph 1. The sub-committee seemed to him to agree that relations
between Members and non-Members should be as far as possible normal
commercial relationships. On this basis of this underatanding the
sub-committee might proçeed to a discussion of the principles of
paragraph 2 of Alternative B.
Mr. AUGENTHALER (Czechoslovakia) said. that at the first meeting.of
the sub-committee it had. been agreed to take Alternative B as a plan
of discussion despite the fact that at the Preparatory Committee
Alternative A was felt by.a majority of countries to be the only basis
upon which agreement could be reached. Paragraphs 2 to 5 inclusive of
Alternative B were totally unacceptable to his delegation, paragraph 6 of
that draft had no place in the Charter and paragraph 7 amounted to an
attempt at discrimination. Accordingly, if the sub-committee were to go
on to discuss the remaining paragraph of Alternative B, he did not feel
that he could contribute anything to the discussion and therefore asked
to be relieved of his membership of the sub-committee.
The CHAIRMAN, in reply to the representative of Czechoalovakia, said
that the sub-committee had agreed to use Alternative B as an annotated
agenda for its discussions. The debate on paragraph 1 had been exhausted
and many drafts had been considered. .To give the members of the
sub-committee time for further reflection he had thought that .the.
sub-committee could proceed to a discussion of the questions raised in
paragraph 2, vithout prejudice, of course, to the ultimate decisions to
be made regarding paragraph 1. The discussion upon paragraph 2 would show
Whether it would. be necessary to proceed to an. examination of the remaining
paragraph of Alternative B.
The substance of paragraph 2 of Alternative B was broadly that Members
could carry on relations with non-Members subject, however, to the prior
approval of the Organization. The drafts before the sub-committee
proposed several alternatives to this principle, including the alternative
contained in the first part of paragraph 1 of -Alternative A..
He did not see that the withdrawal of the representative of
Czechoàlovakia from membership of the sub-committee vould be of benefit
/either to E/CONF.2/C.6/W.61
PAGE 5
either to the Conference or to the delegation of Czechoslovakia. He
therefore asked the sub-committee whether the Members wished to adjourn
to a date to bo fixed, later or to proceed to a discussion of the questions
raised in paragraph 2 of Alternative B.
Mr. RICHARD (France) suggested that the sub-committee should. adjourn
for a period of at Ieast two days.
Mr. AUGENLjg (Czechosiovakia) siad &4a in case 5JJ.i silance during
any disoussion of the remnining peragraphs of Alternative B.were such a
discussion to take place, were to be construed as assent, he wished to
make it clear that paragraphs 2 to 7 inclusive of Alternative B were
unacoeptable to his delegation, The first charaoteristio of any sovereign
state was freedom to cenclude international treaties. He therefore could not
accept any obligation of consultation by his goverment with the.
Orgarizetion regarding the. coclusion of international treaties.
The CHAIRMAN said that he thought the remarks of the representative
of Czechoslovakia showed that It would be possible for the sub-committee
to proceed to examine questions raised ln paragraph 2 of Altermative B
because these remarke amounted. to an argument in favour of one, of the
alternative, to paragraph 2 of Alternative B, namely, paragraph 1 of
Mr, NARAGHI (Iran) eaid that his delegation could not accept
paragraph 2 to 5 inclusive of Alternative B He was in favour of the
adjournment of the sub-committee for a few days.
It was agreed that In order to give members time for further.
reflection upon the outcome of the disoussion, the sub-committee should.
adjourn for a peried of tree to four days. The next moeting would be
held when delegates informed the secretary that they were ready to resume
The CHAIRMAN asked members to consider before they asked for a
further meeting of to sub-committee what should be the subjected to
bo taken up at that meeiting. There were three alternative courses of
action -- firatly,. to consider whether paragraph 1 of Article 93 should.
be confined to customs duties and tares only or whether it should go further
and cover .such matters as quotas, secondly, to continue the discussion
of the, generel princiles to be the basis of Article 93, and. thirdly, to
commence an examintion of the questions raised in paragraph 2 of
Alternative B. |
GATT Library | tj385ht0039 | Sub-Committee on Article 93 (Relations with non-members). Notes on the Eight Meting. : Held.26.February 1948 at 2.30 p.m | United Nations Conference on Trade and Employment, February 26, 1948 | Sixth Committee: Organization | 26/02/1948 | official documents | E/CONF.2/C.6/W.120 and E/CONF. 2/C. 6/W. 119-126 C. 6/J/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/tj385ht0039 | tj385ht0039_90200253.xml | GATT_148 | 1,199 | 7,980 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.120
ON DU 26 February 1948
TRADE AND EMPLOYMENT COMMERECE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGNIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
NOTES ON THE EIGHT METING
Held.26.February 1948 at 2.30 p.m.
Chairman: Mr.FORTHOMME (Belgium)
The Sub-Committtee examined the amendments presented to the draft adopted
as a basis of discussion (see document E/CONF.2/C.6/W.112/Rev.1 and
E/CONF.2/C .6/W,112 /.Rev.1/Corr.1
Amenments to Paragreph 1
After discussion it was agreed that the word "preclude" in the English
text should be retained
The representative of oAustralia presented the following redraft his
emendment
"Nothing in this Charter shall be deemed to preclude any Member;
.from concluding or maintaining with non-Member with or maintaining with non-Members commercial treaties .
which do not contravene the provisions of this Charter, nor. from
maintaining economic relations with non-Members.".
He suggested that in. view of' the absence of the representative of
Czechoslovakia and the inability of that representative to comment upon his
proposal, an alternative version of the umendment which would be acceptable
to him would be to redraft the paragraph as follows:
"Nothing in this Charter shall preclude any Member from maintaining
economic relations with non-Members."
The representatives of Greece, France, iran, Sweden, Italy and the
United Kingdom preferred. the original. text of paragraph 1. The , .
reprèntatives of Belgium and. Lebanon supported the first. of the. two
alternative amendments suggested by the representative of Australia whilst.
the representative of the united States express favour of the second.
these alternatives The représentative of Cuba said the first alternative -
would be acceptable to hîm provided that the words "ln practice" should be
inserted between "which do" and. "not contravene".
/The Chairman asked E/CONF. 2/C. 6/W.120
Page 2
The Chairman asked the representatives who had supported the original
text whether or not they did so on the understanding that this text meant
that Members parties to existing treaties contrary to the provisions of
the Charter could maintain those treaties at the same time pointing out
that most of such treaties would in all probability not be inconsistent
with the Charter.
The representative of the United Kingdom replied that his delegation
considered that it could not accept the Charter and at the same time
maintain existing treaties conflicting with its provisions. However, the
Members themselves would have to decide whether or not a conflict existed
and if so, what action they would take, subject, of course, to the procedures
of' Chapter VIII.
The Chairman then closed the discussion on paragraph 1 on the
understanding that a working party to be set up would consider the draft
further.
Paragraph 2
The Chairman suggested that to meet the difficulty encountered in
paragraph i the first sentence of paragraph 2 should be redrafted as
follows: "Members recognize that it would be inconsistent with the intent
of this Charter that any arrangement with non-Members should be for the
purpose of obtaining . . . . other Members." He made this suggestion
in view of the fact that the use of the word "seek" in the first sentence
and the words "any new arrangement" in the second sentence gave the
impression what it was intended to exclude existing treaties from Article 93.
The interpretive note suggested by the delegation of the United Kingdom
vas accepted although it was agreed that this should be a note to pagraph
rather than to paragraph 2 and that the need for such a note to paragraph 3
would be ascertained when the new text of that paragraph had been drafted.
The Chairman's suggestion to amend paragraph 2 was referred to the
working party.
The representative of the United States, commenting upon the amendment
suggested by the representative of Lebanon, said. that paragraph 2 as it was
drafted was very narrow in that firstly it was .limited to new arrangements
and secondly the intention was that such arrangements must by their term
exclude another Member from their benefits. Any such arrangement would, to
his mind, therefore clearly violate a moral obligation under the Charter if;
it did not violate 'the actual provisione of paragraph 1.
The representative of' Lebenon said that he would consider his proposal
further and reserved the right to raise it again at a later stage. The
/representative of E/CONF.2/C.6/W.120
Page 3
representative of the United Kingdom suggested that the following note to
paragraph 2 should be inserted in the report of the Sub-Committee and in
the report of the Sixth Committeemlttee: `
11TlbCommittee understands that, in general, the second
sentence of pargraaph 2 applies to treaties oragreements which, )ibch .
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, when a.
Member wilfully accoaaplishes the sme result by oheother means,
second sentence should be held to apply."
It was agree&that this note should be circulated. to representatives and ;
discuped ii he working party and later in mthe Sub-Cominiee..
ParaZaph
Upa the representat ive of'the united States expressing his preference
for the original text, the representative of Fraihdrew shce w.is redraft
of this paragraph, statingh that e had proposend it oly as a means of
avoiding other difficulties encountered in the mmitteeSub-Cottee.
The reproesentative f Lebanon made a similar reservation to his amendment
to -this paragraph as the one which he had entered regardnng his ameidment
to paragraph 1.
mie Sub-Ccmzittee accepted the addition of the word "materially" before
the word "injures" suggested by the representative of the Unmted Kingdoa. The
addition of the word "economic" before "interests" was also accepted
temporarily. The representative of Cuba suggested that this addition should
be ofcommercial"cznimrcial"nrathonomicr "eccnamwc" and it vas noted that this
mightstion îight be raised again at a later stage if the representative of
Cuba wished.
The suggestion by the representative of Iran was referred to the working
party.
PexaLragh 4
* ' . representative of Australih withdrew bis suggestion.
Paraaph 52
The suggestion by the representative of Cuba was accepted.
The CRAIRMAN siad that the interpretive note suggested by the
representative of Iran contained considerationsowhich, fram the whole text
of Articwe 93,eit vas claar should be in the miExcof the àecutive Board
when making its recommendations pursuant to paragraph 5. He therefore
considered that it would be appropriate to record the substance of this
/suggestion in the E/CONF.2/C.6.W.120
Page 4
suggestion in the report of the Sub-Committee rather than in an Interpretive
note.
The representative of Iran said that if all members of the Sub-Committee
were of this opinion and agreed to record it in the report, he would not
insist upon having an interpretive note. The Sub-Committee agreed with this
opinion and to the course of action suggested by the Chairman.4
The question by the representative of Lebanon that Article 03 should
provide for a transitional period was held over pending the report of the
working party.
A working party consisting of the representative of Australia, Belgium,
Cuba, Iran, Lebanon, Sweden, the United Kingdom and the United States was
then established to redraft Article 93 upon the basis of the draft suggested.
by the delegation of Czechoslovakia and in the light of the amendments
submitted thereto. |
GATT Library | kn605zw2629 | Sub-Committee on Article 93 (Relations with non-members). Notes upon the Seventh Meeting. : Held 23 February 1948 at' 10.30 a.m | United Nations Conference on Trade and Employment, February 23, 1948 | Sixth Committee: Organization | 23/02/1948 | official documents | E/CONF.2/C, 6/W.116 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/kn605zw2629 | kn605zw2629_90200248.xml | GATT_148 | 731 | 4,907 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C, 6/W.116
ON DU 23 February 1948
TADE AND IMPLOYIMENT COMMERCE ET DE L'EMPLOI. ORIGINAL: ENGLISH
SIXTH C0MMITTEE: ORAGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
NOTES UPON THE SEVENTH MEETING
23 1948 at' 10.30 a.m.
Chairman: Mr. FORTHOMME (Belsium)
The Sub-Committee continued its examination, paragraph by paragraph,
of the text sugeasted by the delegation of Czechoslovakia and adopted as
a basis for discussion.
Paragraph 3
The representative of Lebanon pointed out that one whole Chapter of
the Charter was devoted to the question of development a.nd that each Member.
was obliged to develop the resources of its own country, Article 15
visualizing, in certain circumstances, the use of preferential arrangements
for this purpose. He therefore auggested that the commencement of paragraph 3
should be amended to read "subject to the provisions of Article 15 and of
Chapter IV" and that the second sentence of paragraph 2 should be made to
read "Accordingly, subject ta the provisions of Article 15 and of Chapter IV
......such arrangement."
The representative of Lebanon went on to state that after examining
Articles 15, 16 and 42, he wished to make the following remarks:
(a) There was nothing in the text of Article 25 stipulating that
preferential arrangements were to be made solely between Members;
(b) The recognition by the Charter of the established. preferences
mentioned in paragraphs 2 and 3 of Article 16 was not conditional
upon the membership of all the parties ta those preferences In the
Organization.
The representatives of Czechoslovakia suggested that to meet the point
raised by the presentative of Lebanon and. various other representatives,
the opening words of paragraph 3 should be amended to read: "Subject to
any other provisions of this Charter".
In reply to a question asked by the representative or Italy, it was
clarified that intention of the draft -was that paragraph 3 should apply
/to both E/CONF.2/C/6/W/116 Page 2
to both existing and new arrangements. In view of this clarification the
representative of Lebanon suggested that Article 93 should provide for a
transitional period in which Members would be able to revise their existing
arrangements.
The representative of the United Kinddom suggested that the word "other"
should be inserted between "any" and "Member" and that the word "materially"
should be inserted before the word "injures". He considered the provision
of the transitional period was not necessary, as did the representative of
Czechoslovakia.
The representative of Sweden queried. whether there was not some
duplication between the first sentence of paragraph 2 and the first sentence
of paragraph 3.
The representative of Iran suggested that the following sentence should
be added at the end of paragraph 3:
"Existing agreetments inconsistent wl . the provisions of paragraphs 1
and 3 shall not be renewed after their expiration."
The representative of the United States, replying to the representative
of Sveden, sa7 that he thought there was no question of duplication as the
first sentence of paragraph 2 laid down a general principle whilst the
second sentence, as well as paragraph 3, imposed Specific obligations.
The representative of China said that he preferred the text of
paragraph 3 suggested by the representative of France. He also suggested
that the second sentence of paragraph 2 should be made into a new paragraph.
Paragraph 4
The representative of Australla suggested that the words "as favourable
as" should be dèleted. In reply to this suggestion the chairman and the
representative of the United States thought that an undesirable chance ln
substance might be involved.
Paragraph 5
The representative of Iran suggested the following interpretive note
to paragraph 5:
"In making its recomnendations 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 with which they are neighbors
and shall take appropriate account of the consequences of its
recommendations upon the interests of such Members."
A discussion took place as to whether the second sentence of
paragraph 5 should not be deleted or placed in a separate paragraph. The
/debate E/CONF.2/C. 6/W.116
Page 3
debate upon these proposal being inconolusive, it was agreed to leave the
text as it stood until second reading. The representative of Cuba made the
suggestion that the commencing words of this sentence should. read: "Any
recommendation involving alteration in the provisions of this Article". |
GATT Library | yv486qn0754 | Sub-Committee on Article 93 (Relations with non-members). Notes upon the Sixth Meeting. : Held 20 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.111 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/yv486qn0754 | yv486qn0754_90200239.xml | GATT_148 | 1,260 | 8,182 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.111
ON DU 20 February 1948 ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
NOTES UPON THE MEETING
Held 20 February 1948 at 10.30 a.m.
Chairman: Mr. FORTHOMME (Belgium)
The Sub-Committee adopted the text recently circulated by the delegation
of Czechoslovakia as a basis for discussion (see document E/CONF.2/C.6/W.108).
The representative of Czechoslovakia explained that the basic idea of
the draft was that each government was responsible only for its own conduct,
that Members should behave properly in their mutual relations and that they
should not bave preferences outside the family of governments which comprised
the Organization.
Paragraph 1 of the draft embodied the principle that Members should be
free to continue their normal commercial relations with non-Members, this
being not only in the interests of Members themselves but also in the interests
of promoting the principles of the Charter.
Paragraph 2 expressed the moral principle that Members should not bé
mischievous, the practical consequences of this being at a Member should
not enter into new arrangement with non-Members by which non-Members would
be precluded from extending to other Members the benefits of such arrangements.
By the use of the word "preclude" it was intended to stress that the action
of the Member was put in question and not the decision taken or the means
adopted by the non-Member.
Paragraph 4 was a recognition of the conclusion of the Ieague of Nations
that the decision as to how far the most-favoured-nation clause could be.
extended to multilateral treaties had to be left to each particular country,
The recommendations mentioned in paragraph 5 might be of any kind. They
might, for example, be aimed at finding a "modus vivendi" with non-Members
or they might propose action against non-Members. ln this case probably these
recommendations would entail change in the obligations of Members and they
should, therefore be dealt with in accordance with Article 95.
/The representative E/CONF.2/C.6/W.111 Page 2
The representative of Argentina welcomed the draft of the delegation of
Czechoslovakia as a step forward. He would refer the text to his government
and pending the receipt of instructions he reserved his position.
The Sub-Committee then commenced an examination of the draft submitted
by the delegation of Czechoslovakia paragraph by paragraph.
Paragraph 1
The representative of Belgium queried whether there was not some conflict
between this paragraph and paragraph 2.
After it had been generally agreed that paragraph 1 represented a
statement of general principle which was qualified by paragraph 2, the Chairman
suggested that so as to ensure that that was not possibility of conflict
the word "however" should be inserted after "recognize" at the commenement
of paragraph 2 and that the word "seek" in the first sentence of that
paragraph should be changed to "maintain."
The Sub-Committee generally agreed that any conflict between paragraphs 1
and 2 would probably be resolved by insertion of the word "however" as
suggested the Chairman.
The representatives of France suggested that the word "preclude" in the
English text should be changed to read "prevent" to bring it into conformity
with the French text.
The representative of Australia questioned whether Members were to be
allowed to maintain all existing commercial treaties with non-Members or only
those which were not contrary to the Charter. He suggested that paragraph 1
should be amended so as to read:
"1. Nothing in this Charter shall preclude any Member from
concluding or maintaining commercial treaties with non-Members,
which in practice do not contravene the principles of the
Charter, or from maintaining economic relations with them.
The representative of Iran suggested that the following words should be
added to the end of paragraph 1; "if such agreements do not conflict with
the provisions of the Charter."
It was agreed that paragraph 1 together with the amendments which had
been suggested should be referred to a working party to be established at a
Paragraph 2
The representative of the United Kingdom suggested that the
words should be inserted at the commencement of the second sentence
paragraph 2: "Subject to the provisions of Chapters IV and VI of the Chapter"
and that a corresponding amendment should be made to the introductory phrase
/of paragraph 3 E/CONF.2/C.6/W.111 Page 3
of paragraph 3. He explained that his delegation considered the reference to
Chapter VI was necessary in view of the fact that conflict might arise between
the provision of Article 93 and Article 57 (1) (c).
The representatives of the United States, Belgium, Czechoslovkia, and
Greece doubted whether the proposal of the representative of the United Kingdom
was necessary while the representative of Australia thought that some link
should be made between Article 93 and Article 57 although he thought that it
should be more appropriate to make this link in paragraph 3 rather than in
paragraph 2.
The Chairman pointed out that he considered the terns of Article 93
should be clear and precise and that rather than insert such references as
"subject to the provisions of Chapter __" reference should be made to the
specific point in mind. He accordingly suggested that no change in the
respect suggested by the representative of the United Kingdom should be made
in the test of paragraph 2 but that it might be recorded in the report of the
Sub-Committee that it was considered no conflict existed between this
paragraph and Article 57 (1) (c).
The representative of the United Kingdom stated that he would be prepared
to accept the text of paragraph 2 without amendment provided that the following
interpretive note was accepted:
"Nothing in this Article 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 was agreed that this text should be considered at the next meeting and that
a decision should then be taken whether it should form the that of an
interpretive note or of a paragraph in the report of the Sub-Committee. In
the latter case a recommendation might also be made that the text should be
included in the report of the Sixth Committee itself.
The representative of China asked the three following questions:
(a) Was it the intention to exclude existing arrangements inconsistent
with the provision of paragraph 2 from Article 93;
(b) Would a new arrangement conforming to the provisions of the first
sentence of paragraph 2 but inconsistent with the provisions of the
second sentence, or vice versa, be permitted; and
(c) Would recourse to the procedures set forth in Chapter VIII be
permitted in the case of differences arising from Article 93.
The Chairman, replying to the representative of China, stated that the
working party would consider the first question asked by him, that it would
/not seem E/CONF.2/C.6/W.111
Page 4
not seem that the two two sentence of paragraphs 2 were meant to be independent
but that the working party might consider whether there was any ambiguity
between them and make provision accordingly and that he though the right
of complaint under the procedures set forth in Chapter VIII was unlimited.
It was agreed that before the next meeting the Secretary would circulate
all the amandments which hand been suggested to the draft adopted as a basis
of discussion the hope that when these amendments had been seeen in writing
and had been discussed it might not be necessary to establish a working party. |
GATT Library | bd962sb7931 | Sub-Committee on Article 93 (Relations with non-members). Report of the Working Party | United Nations Conference on Trade and Employment, March 1, 1948 | Sixth Committee: Organization | 01/03/1948 | official documents | E/CONF.2/C.6/W.122 and E/CONF. 2/C. 6/W. 119-126 C. 6/J/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/bd962sb7931 | bd962sb7931_90200256.xml | GATT_148 | 702 | 4,793 | United Nations Nations Unies
CONFERENCE
CONFERENCE CONFERENCE E/CONF.2/C.6/W.122
ON DU I March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
REPORT OF ME WORKING PARTY
The Working Party which was set up to redraft Article 93 consisted of
the representatives of Auatralia, Belgium Cuba, Iran,- Lebanon, Sweden, the
UnItd Kingdom and the United States, and held one meeting under the
chairmanship of Mr. Evans (United States). The Working. Party reached,
unanimous agreement on all of the following points:
It was. agreed: to accept the second of .the two alternatives proposed. by
the representative of Australia and appearing in document E/CONF.2/C.6/W.120,
thus making the paragraph read:
"Nothing in. this Charter shaIl preclude any Member from maintaining
economic relations with non-Members."
All other suggestions. for amending this paragraph were withdrawn.
Paragraph-2 --
it was agreed to maintain the text of paragraph 2. without- urther change.
The Working-Party considered that the amendments proposed by the Chairman
of Sub-Committee H were unnecessary and undesirable in the light of the change
proposed in paragraph 1, The Working Party agreed to the note suggested by
the representative. of the United Kingdom appearing in document
E/CONF. 2/C. 6/W. 120. -
Paragraph 3
The Working Party agreed on the text of paragraph 3 without further
change, and the suggestion by the representative of Iran was withdrawn.
Paragraph 4
No further change.
Paragraph 5,
The Working Party greed to the text without further change, and the
representative of Lebanon withdrew his suggestion providing for a
transitional period.
/The recommendntions E/CONF.2/C .5/W.122
Page 2
The recommndations of the Workins Party include the adoption of those
changes and notes which had been previously agreed to in the Sub-Committee.
The complete new text, including the previously adopted amendments,
therefore would read as follows:
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 injury to. other,.
Members. Accordingly, 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.-
3. 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 interest of another:'Member.
4 Nothing in -this Charter shall be interpreted to require a
Member to extend to non Members treatment as favourable as that which'
it extended to Members under the provisions of the Charter. Failure
to extend such treatment shall not be regarded as inconsiatent without
the term or the spirit of the Charter. -
5. T4e Rcecutive Board shall 2ake periodic studies o? gf neral
problems. rising out of commercial relations b6tweem Members
non-Members and, vith a view to promoting the purpose or the CartZer'
may makde recommendations to the Conf'erence vith respect to such
relation. -.Ay recommendation involving clteraticns in provisions
of this Article shall be dealt with in accordance with Articla 95.
* Nothing in thls Article shall be construed to pr. -dice.or prevent
the operation of the provisions of Article 57 (1) regarding the
treatment to be accorded to non-participating countries under the -
terms ofa coaomodity contrai agreement which conforms to -the
requirements of Chapter VI.
/In addition E/CONF.2/C.6/W.122
Page 3
In addition the Working Party agreed that the following note should
be included in the report of the Sub-Committes and in the report of the
Sixth Committee:
"The Sub-Committee understands that, in general the second sentence
of paragraph 2 apples to treaties or agreements wich, 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, when a Member wilfully
accomplishes the same result by other means, the second sentence
should be held to apply." |
GATT Library | wn113wx7895 | Sub-Committee on Article 93 (Relations with non-members). Summary record of the First Meeting. : Held 10 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 10, 1948 | Sixth Committee: Organization | 10/01/1948 | official documents | E/CONF.2/C.6/W.33 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/wn113wx7895 | wn113wx7895_90200142.xml | GATT_148 | 1,094 | 7,065 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.33
ON DU 10 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
SUMMARY RECORD OF THE FIRST MEETING
Held 10 January 1948 at 10.30 a.m.
Chairman: Mr. FORTHOMME (Belgium)
The sub-committee agreed to take Alternative 1 of the Report ot the
Preparatory Committee as a plan for Its discussion and commenced consideration
of paragraph 1. of that draft.
Mr. BENDA (Czechoaslovakia) suggested that the wording of paragraph 1
should be "preferential tariffs or exclusive advantages' instead of "exclusive
or preferential advantages".
Mr. EVANS : (United States) thought that the wording suggested by the
representative of Czechoslovakia was not broad enough. The intention of
paragraph l was to ensure that, in seeking preferential or exclusive advantages
from a non-Member, a Member would not nullify benefits obtained by other
Members under the Charter, He preferred the wording of paragraph 1 of
Alternative C.
After a discussion centreing around the point raised by the representative
of Czechoslovakia, the CHAIRMAN asked the sub-committee to consider the exact
intention of paragraph 1. Was it intended that the relations of a Member with
a non-Member should not be covered by the Charter but that the result of these
relations, should not be: the application by a non-Member to a Member of
treatment not in conformity with the Charter, or was it intended that the
relations of a Member with a non-Member should be in conformity with the
Charter? He believed -that Article 93 was intended to cover the application
of the Charter as a whole to relations between Members and non-Members.
Mr. BENDA (Czechoslovakia) said that the present opinion of his delegation
was that paragraph 1, was Intended only to ensure that no Member should be
able to seek preferential tariff advantages from a non-Member'.
Mr. EVANS (united States) stated that he thought that the debate had
become confused by the introduction of the question whether a Member might
extend preferential advantages to a non-Member. This question was covered
/by other provisions E/CONF.2/C.6/W.33
Page 2
by other provisions of the Charter and Article 93 was concerned only with
advantages a Member might receive from a non-Member. le explained that the
word "seek" had been used in both paragraph 1 of Alternative B and
paragraph 1 of Alternative C instead of the word "receive" to include the
question of a non-Member, by unilateral action and not upon the request of
a Member, extending to a Member exclusive or preferential advantages. If
the sub-committee was in agreement that paragraph 1 was not concerned with the
question of advantages which a Member might extend to a non-Member, in other
words that this paragraph was not intended to qualify other provisions of the
Charter, he thought that the only issue to be decided at the present stage was
whether or not a Member should be prevented from seeking preferential
advantages from a non-Member which that Member would not be permitted to seek
from another Member.
Mr. TANGE (Australia) said that he understood the purpose of
paragraph 1 was to enable the Organization to obtain indirect control over
non-Members. His delegation assumed that Members would le prevented by the
other provisions of the Charter from offering preferential advantages to a
non, Member. This being the case,, he did not think the problems raised was a
very realistic one for a non-Member would not be likely to grant to a Member
preferential advantages without receiving some similar benefit from the Member
in return. He also thought that the test laid down in paragraph 1 of
Alternative C would be very difficult to apply.
After opinions, on this matter had been expressed by the representatives of
the United Kingdom, Sweden, Iran, India, Belgium and Greece, Mr. MACHAO (Cuba)
raised the point whether a Member should be permitted to obtain from a
non-Member treatment in conformity with the provisions of the Charter but
which the non-Member did mot extend to other Members.
The CHAIRMAN summed up the discussion as follows:
1. Some representatives considered that the Charter should govern
the treatment of non-Members by Members.
2. The question. had arisen whether or mot a Member should be
prevented from seeking from a non-Member an advantage which that Member
could not, under the provisions of the Charters seek from another
Member. Some representatives considered that a Member should be
prevented from. seeking such an advantage from a non-Member; others
thought that a Member should rot be prevented from so doing so long
as such action did not result in discrimination by the non-Member in
question against other Members.
/3. Referring to the. E/CONF.2/C.6/W.33
Page 3
3. Referring to the second possible answer to this latter proposition,
the representative of Australiia doubted the practicabllty of the test
laid down in paragraph 1 of Alternative C and he therefore favoured
a solution along the lines of that proposed in the Australian draft
amendment.
4. The point raised by the delegate for Cuba.
On the first point the CHAIRMAN asked whether the sub-committee could
agree that the Charter should limit the extension by Members of advantages
to non-Members.
Mr. RICHARD (France) said that he thought the answer to this question
should allow for a certain degree of flexibility. As regards the extension
by Members of advantages to non-Menibers, the other provisions of the
Charter applied. As regards the extension by non-Members of advantages to
Members, he thought that this might be permitted so long as damage was not
thereby caused to the interests of other Members.
Mr. BENDA (Czechoslovakla) said that at the present time all his
delegation could agree to was that no Member should seek preferential import
or export duties from a non-Member.
The CHAIRMAN said that at the next meeting the sub-committee should
attempt to answer the following questions:
1. Whether or not the Charter should cover completely the extension
by Members of advantages to non-Members.
2. Whether or not a Member should be able to see2 from a non-Member
advantages which that Member could not, under the provisions of
the Charter, seek from another Member.
3. The point raised by the representative of Australia, dependent
on the solution adopted for point No. 2.
4. The point raised by the delegate for Cuba, if the discussions on
points 1, 2 and 3 dia. not incidentally dispose of it.
As he had pointed out above, two alternative positions had been taken up
on the second question and the statement made by the representative of
Czechoslovakia probably offered a third solution. |
GATT Library | bw724zc5216 | Sub-Committee on Article 93 (Relations with non-members). Summary record of the Second Meeting. : Held 13 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 13, 1948 | Sixth Committee: Organization | 13/01/1948 | official documents | E/CONF.2/C.6/W.42 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/bw724zc5216 | bw724zc5216_90200153.xml | GATT_148 | 542 | 3,621 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.42
ON DU 13 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
SUMMARY RECORD OF THE SECOND MEETING
Held 13 January 1948 at 3.00 p.m.
Chairmen: Mr. FORTHOMME (Belgium)
The CHAIRMAN asked the Sub-Committee to consider first the question
whether or not the Charter should cover completely the extension by Members
of advantages to non-Members.
After statements by the representatives of Greece, Iran, Cuba,
Czechoslovakia end the United States, it was agreed that the provisions of
the Charter, including provisions relating to exceptions, represented the
maximum amount of the advantages which a Member could extend to a non-Member.
During the discussion of this question the representative of Sweden asked
whether it might not be profitable at this stage to examine the various
categories of non-Members. It was agreed that such a examination should not
be undertaken at the present time although it might be necessery to consider
the prblem at a later stage.
The CHAIRMAN then directed discussion in the Sub-Committee to the question
whether or not a Member should be able to seek from a non-Member advantages
which that Member could not, under the provisions of the Charter, seek from
enother Member.
Mr. EVANS (United States) recalled that the representative of Australia
at the previous meeting had said that it was hardly realistic to expect that
a non-Member would extend preferential treatment to a Member which could not
extend preferential treatment to it in return end that it would be difficult
to prove that a Member had "sought" preferential advantages from any non-Member
as specified in paragraph 1 of Alternative C. He thought that the first
critics of the representative of Australia was based on the assumption that
if most-favoured-nation treatment were applied fully, Members would have no
bargaining power in their relations with non-Members. However he showed that
a Member might make concessions which although enjoyed by all Members would
be of particular significance to a non-Member receiving them. As regards the
criticism of the word "seek" in paragraph 1 of Alternative C, the concept
/behind this E /CONF.2/C.6/W. 42
Page 2
behind this word was that of an advantage obtained for an advantage given.
This concept he considered valuable and worthy of retention.
Mr. MACHADO (Cuba) considered that a Member should be permitted to receive
from a non-Member such advantages as he could receive from that non-Member if
it were a Member.
Mr. EVANS (United States) suggested the following text as a working draft
for the Sub-Committee:
"No Member shall seek exclusi e or preferential advantages from a
non-Member which could not be granted to such Member by another Member
under the terme of the Charter.
Mr. AUGENTHALER (Czechoslo akia) agreed generally with the text suggested
by the representative of the United States.
Mr. TANGE (Australia) thought that some discussion on this question had
occurred in the Sub-Committee dealing with Article 17 and he therefore suggest
that efforts should be made to ascertain the resulte of that discusion.
It was agreed that the text suggested by the representati e of the
United States should be circulated prior to the next meeting when a decision
could be taken upon it. |
GATT Library | dp236bd9601 | Sub-Committee on Article 93 (Relations with non-members). Summary record of Third Meeting. : Held 15 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 16, 1948 | Sixth Committee: Organization | 16/01/1948 | official documents | E/CONF.2/C.6/W.46 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/dp236bd9601 | dp236bd9601_90200157.xml | GATT_148 | 2,084 | 13,318 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.46
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
SUMMARY RECORD OF THIRD MEETING
Held 15 January 1948 at 3.00 p.m.
Chairman: Mr. FORTHOMME (Belgium)
The Sub-Committee discussed the following draft text suggested informally
at the last meeting by the representative of the United States:
"No Member shall seek exclusive or preferential advantages from.
a non-Member which could not be granted to such Member by another
Member under the terms of the Charter."
Mr. KUMUIN (Sweden) said that his delegation could accept the United
States text if it were confined to concessions falling under most-favoured-
mation treatr -it-..' However, as it extended to concessions covered. by the
rules on non-diaorimination:, such as qüotas, practical diff'. .1tieEB might
arise. In particular, two types of, difficulties might occur. In the first
place, it would be difficult for the Member which was endeavouring to, conform
to the obligations of this text to knov exactly whether it was doing so or
not. For example, if a company within the territory of a member bought-
considerable.quantities of a acarce product from a company within the
territory of a non-Member and these quantities were in excess of what the
non-Member would be allowed be export had it been a Member, would the importing
Member be required under this text to limit import licesees to the amount
corresponding to the due. proportion allowed under the Charter?
Secondly, complications .would arise if a complaint were made that a
Member had not fulfilled its obligations under this text. the curious
situation would then occur that a Member had to defend itself because of
action, taken by a non-Member which could not be brought into the proceedings.
The assence,of the complaint would be that the Member had obtained an
advantage by certain action to the detriment of another. Member. How could a
Member against whom the complaint vas brought prove that it was unjustified?
For the reasons he had mentioned the Swedish delegation proposed that
the scope of une United States text be narrowed down so as to cover only.
/tariff and E/CONF.2/C.6/W.46 Page .2
tariff and like advantages and not quotas.
Mr. MARTEN (United Kingdom) stated that the sentance of the United
States text was almost identional with the substance off the first paragraph
of the United Kingdom proposal (document E/CONF.2/C.6/35). However, the
United Kingdom delegation was now tending to consider that the appranch of
both of these texts was unnecessarily doctrinnaire. Two basic principles
had been considered in relation to Article 93 - firstly, that the provisions
of the Charter should be such that it would not be more advantageous for a
government to remain outside of the Organization than to be a Member of it,
and secondly, that there should be a definite inducement to persuade a
government to join the Organization. The United Kingdom delegation had now
decided that this latter principle was unworkable and that the former
princIple was the one which should be the basis of any text. His delegation-
therefore agreed that Members should not be able to give to non-Members
treatment more favourable than they gave to other Members. The United States
text dealt with the amount of the advantages a Member might receive from. a
non-Member. He forcsaw certain practical difficulties in this text. The
achievement of the purpose and objectives of the Charter would be aided by
the maximum amount of trade being carried on with non-Member countries.
Hewever, any Member which concluded a bilateral agreement with a state-trading
non-Member vould receive exclusive advantages not available to other Members
unless they also concluded bil teral agreements. It therefore seemed to the
United Kingdom delegation that the basic criterion to be applied as regards
this question of receiving advantages from. non-Members should be that the
receipt of advantages should not be restricted unless injury were thereby
caused to the intereats of otbar Members.
Mr. SHAMA (Lebanon) said he was not clear as to the interpretation of
the word "seek" given by the representative of the United States at previous
meetings. ConsequentIy he asked what vould be the effect of' the United
States draft if a Member received preferential treatment from a non-Member
when that Member had no control over the preferential system of the
non-Member, and had not made a request for such treatment.
The CHAIRMAN pointed out to the representative of Lebanon that there
vas an error in one of the reports of the previous meetings and that the
representative of the United States had clearly stated at previous meetings
that the word "seek" had been used instead of the word "receive" to exclude
the case of a non-Member, by unilateral action, extending to a Member exclusive
or preferential advatages.
Mr. AUGENTHALER (Czochoslovakia), referring to the remaeks
of the representative of Swcdau, pointed out that quotes were
not privileges granted to some country, but were restrictions.
/imposed on E/CONF.2/C.6/W.46
Page 3
imposed on it. He also said that the Charter should not attempt to govern
the relations of Member with non-Members as this would be contrary to
international law, Not even in the Charter of the United Nations was there
an abrogation of the previous obligations of statea; there was merely a
Provision that in the case of a conflict between obligations under the
Charter. and obligations outside the Charter, the former obligations should.
prevail. He was in favour of deleting Article 93 from the Charter. If this
suggestion were not adopted, he considered that Article 93 should be confined
to threes provisions:
1. that Members should. not accord. preferential export or import
duties or taxes to non-Members;
2. if there was a conflict between the obligations of the Charter
and obligations rising under other agreements, the obligations of
the Charter should previl and.
3. should a substantial part of a Member's economic relations be
with non-Members, the Organization would waive the obligations of
that Member under the Charter.
Mr. EVANS (United States) agreed with the representative of Sweden that
the application of the principle embodied. in the United States draft would
be difficult. However, he thought that this principle was still worthy of
incorporation in the Charter even if it vas enforceable only by the good will
of the Members. He thought it might be possible for the Organization to
come to proper decisions on each case presented. Many of these would be
olear-cut, and most borderline cases would be possible to solve. Moreover
he thought that in difficult borderline cases the Organization would tend
to rule in favour of the Member whose conduct had been the subject of a
. complaint It might also be possible to establish some criteria by Which-
the action of the Organization might be regulated.
He could not agree with the representative of the United Kingdom that
the text produced by that delegation was unnesessarily doctrinnaire. He
agreed with. that representative that the Charter should not be so drafted as
to make it mors profitable for governments to be non-Members rather than
Members. However, he still considered that the Charter should contain
provisions which would make it profitable to become a Member. In any case
this was not the point et issue at this stage. The United States draft dealt
with the question of the protection of the interest of Members, not of the
benfise a non-Member might obtain. He thought it reasonable that a Member
should. be able to look to other Members not to take action which would.
prejudice the advantages of Members under the Charter. In other parts of
the Charter endeavors had been made to prevent the interests of Members being
/injured E/CONF.2/C.6/W.46
Page 4
injured rather than to provide a remedy after such interests had. been injured.
He did not see- why this process hold be reversed under Article 93.
In reply to the remarks of the representative of Ozechoalovakia, he
etated that the word "seek" bad been employed to ahow that the text was
concernsd only with future obligations, not obligations already in existence.
Mr. de GAIFFIER (Balglum), cuid that it had, been agreed that the Charter.
limited the treatment of a non-Member by a Member. He poInted out that the
Sub-Committee seemed to him to be discussig not so much the United States
text but the implications of it. He thought the this task should be left
to tha Organization which would no doubt eatablish a substantial jurisprudence
on the subject. He suggested that the Sub-Committes should adopt the text
of paragraph 1 of Alternative B, agreeing at the same time that the advantages
under the Charter should be regarded as the maximum a Member could extend. to
a non-Member and also accepting the criterion of prevention of damage to the
interested of other Members.
Mr. AUGENTHALER (Czechoslovakia) said that international economic
relations formed a part of the foregin polities of any counrtry. He therefore
could net acept anything in the Charter which was not crystal clear. Either
the Conference was endeavouring to establish an Organization the membership of
which offered positive advantages, or it was endeavouring to establish an
Organization into which states would be forced. He thought that the latter
approach was undesirable.
Mr. MARTEN (United Kingdom) said that he was impreased by the argument
of the representative of the United States and that he thought that Members
should accept advantages from a non Member only if such adventaghes did not
harm the interests of other Members. To relate the United States text to
this practicable and worknble criterion, he sueggested the following redraft:
'No Member shall accept exclusive or preferential advantage from
a non-Member which would prejustice economic benefits which another
Member either enjoys or could expect to enjoy in tho absence of the
- exclusive or preferential treatment accorded by teat non-Member."
Mr. MACHADO (Cuba) thought that there was some advantage in retaining
Article 93 in the Charter. The Charter was a political document and would
be published. By retaining Article 93 in it non-Miembers would be shown that
it was not intended that relations with them should be entirely cut off. He
thought that the Sul-Committee had agreed the benefite of the Charter were
the msximum a Member couli give to a non-mimber. If this was the case, he
could not accept the proposal of the representative of Czechoslovakia which
vas more narrow. Assuming the the-agreement of the Sub-Committee on this
point vould be retained., he thought that a decision should be taken, upon the
/extent to E/CONF.2/C. 6/W. 46
Page 5
extent to which Members could receive advantages from non-Members. In this
connection he considered that Members should certainly be able to receive
benefits to the same extent as specified in the Charter. However, the next
question to be answered was the extent to which the receipt of greater
benefite than those of the Charter from non-Members should be allowed.
Mr. NARAGHI (Iran) suggested the follawing redraft of the United States
text:
"No Member shall seek exclusive or 'preferential advantages from a
non-Member exceeding those that could be granted to such Member by
another Member with or wthout the consent of the Organization under
the terms of the Charter."
He also contended. that relations with non-Members should be on a flexible basis,
in order to take into account the different situations of the verious Members.
The CEAI RMAN summed up the discussion by saying that it seemed to him
that the Sab-Commlttee was coming very close to an agreement on the following
lines:
1. relations between Members and non-Members should not prejudice
the achievement of the purpose and objectives of the Charter;
2. relations between Members aad non-Members should not nullify
advantages received by other Members under the Charter;
3. advantages under the Charter were the maximum a Member could
extend to a non-Member;
4. there was no intention of deliberate discrimination against
non-Members.
If the Charter contained only the general benefits such as the most-favoured;
nation clause, non-discrimnation and reduction of trade barriers, it would
be very easy to apply the above principles. The difficulties arase from the
tact that the Charter contained other benefits which certain Membere would
make us of. These were the exceptions to its general provisions aimed at
enabling Members to implement their national policies. He thought that the
members of the Sub-Committee might before the next meeting give some
consideration to the bearing of these provisions of the Charter upon the
question of relations between Members and non-Members. |
GATT Library | dv085hk7152 | Sub-Committee on Article 93 (Relations with non-members) : Text suggested by the Delegation of Czechoslovakia and accepted by the Sub-Committee on 20 February 1948, as a basis for discussion | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.108 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/dv085hk7152 | dv085hk7152_90200236.xml | GATT_148 | 314 | 2,214 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.108
ON DU 20 February 1948 ORIGINAL: FRENCH-
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
SIXTH COMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
TEXT SUGGESTED BY THE DELEGATION OF CZECHOSLOVAKIA AND ACCEPTED BY THE
SUB-COMMITTEE ON 20 FEBRUARY 1948, AS A BASIS FOR DISCUSSION
Article 93
Relations with Non-Members
1. Nothing in this Charter shall preclude any Member from concluding or
maintaining commercial treaties or maintaining oconomic 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 Members. Accordingly, no Member shall enter
Into any neu arrangement with a non-Member which precludes the non-Member
from extending to other Members any benefit provided for by such arrangement.
3. Subject to the provisions of Chapter IV, no Member shall extend to the
trade of any non-Member treatment which, being more favorable than that
which it extends to any Member, injures the interests of another Member.
4. Nothing in this Charter shall be interpreted to require a Member to
extend to non-Members treatment as favourable as that which it extends
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 Charter.
5. The executivee 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 to alter
the provisions of this Article shall be dealt with in accordance with
Article 95. |
GATT Library | gz815ws2824 | Sub-Committee on Article 93 (Relations with non-members). : Working Paper Prepared by the Secretariat | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.112 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/gz815ws2824 | gz815ws2824_90200241.xml | GATT_148 | 361 | 2,535 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.112 20 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
Working Paper Prepared by the Secretariat
The Secretariat was requested at the sixth meeting of the Sub-Committee
to prepare and circulate to delegations a paper showing the various amendments
to the draft which the Sub-Committee decided to adopt as a basis for
discussion. These amendments are as follows:
Paragraph 1
(a) The delegation of France sugests that the word "preclude" in the
English text should be changed to "prevent' to brings it into conformity
with the French text.
(b) The delegation of Australia suggests that paragraph 1 should be
amended so as to read:
"1. Nothing in this Charter hall preclude any Member from
concluding or maintaining commercial treaties with non-Members,
which in practice do not contravene the principles of the
Charter, or from maintaining economic relations with them."
(c) The delegation of Iran suggested that the following words should be
added at the end of this paragraph "if such agreements do not conflict
with the provisions of the Charter."
Paragraph 2
(a) The delegation of the United Kingdom suggests that the following
interpetative note should be adopted:
"Nothing in this Article shall be construed to prejudice or
prevent the operation of the provisions of Article 557 (1)
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."
(b) The Chairman suggests that the first sentence of this paragraph
should be amended in the following fashion:
/"2. Members E/CONF. 2/0.6/W.112
Page 2
"2. Members recognize, however, that it would be inconsistent
with the purpose of this Charter to [seek] maintain any
arrrangement with non-Members ..........other Members."
Paragraph 3
The delegation of France suggest that paragmrph 3 should be redrafted
as follows: . « .. . ;
"3. No Member shall extend to the trade of any non-member treatment
more favourable than that which the Charter authorized that Member to
extend in the case to a Member, and which injures the interested of
another member." |
GATT Library | kk854fz0010 | Sub-Committee on Article 93 (Relations with non-members) : Working Paper Prepared by the Secretariat | United Nations Conference on Trade and Employment, January 7, 1948 | Sixth Committee: Organization | 07/01/1948 | official documents | E/CONF.2/C.6/W.22 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/kk854fz0010 | kk854fz0010_90200129.xml | GATT_148 | 2,425 | 15,461 | RESTRICTED
United Nations Nations Unies E/CONF.2/C.6/w.22
7 January 1948
CONFERENCE CONFERENCE ORIGINAL: ENGLISH
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
Working Paper Prepared by the Secretarist
1. The Sub-Committee has six alternative drafted of Article 93 upon which
to work - Alternatives A, B end C contained on pages 55 and 56 of the
Report of the Preparatory Committee, the drafts prepared by the delegations
of Australia and Belgium to be found upon pages 21 and 22 respectively of
the Annotated Draft Agenda (document E/CONF.2/C.6/12) and the draft of the
delegation of the United Kingdom (document E/CONF.2/C.6/35).
2. The substance of the six drafts may be summarized as follows:
(a) Alternative A of the Report of the Preparatory Committee is the
draft which gives the greatest measure of freedom to Members in
respect of the relations with non-Members. Under this draft
such relations would be completely unrestricted except that
Members would be obliged not to attempt to obtain advantages
confined exclusively to themselves or preferential advantages
from non-Members. Moreover, any Member a substantial part of
whose trade is with a non-Member would have the right to suspend
its application of the provisions of the Charter should such
application entail serious injury to its legitimate interests,
subject only to an obligation to consult with the Organization
and other Members directly affected.
(b) Alternative C represents the opposite extreme to Alternative A
in that it places the greatest measure of restriction upon the
relations of Members with non-Members. Similarly to Alternative A,
Alternative C would prevent Members attempting to obtain from
non-Members preferential advantages but in this Alternative only
such preferential advantages as would result in the application
by the non-Member to any other Member of such measures as would,
between Members, be inconsistent with the contents of the Charter.
However, Alternative C goes on to depart substantially from
Alternative A by denying to non-Members the benefits of Chapter IV
(subject to one exception) and, except with the approval of the
Organization, reductions in tariffs or preferential tariff rates
/negotiated E /CONF.2/C . 6/w.22
Page 2
negotiated under Article 17.
(c) Alternative B steers a middle course between Alternatives A and
C. Like both of these alternatives, it would prevent Members
attempting to obtain exclusive or preferential benefits from
non-Members, but in respect of this principle it follows the
wording of Alternative A rather than C. It would, however,
permit a Member to extend to a non-Member the benefits of Chapter IV
of the Charter subject always to the approval of the Organization
to be accorded or refused after consideration of certain factors.
(d) The draft prepared by the delegation of Belgium represents a
relaxation of Alternative B in favour of the greater freedom allowed
under Alternative A. That draft incorporates the principle from
Alternatives A, B and C that benefits obtained from non-Members
should not be exclusive or preferential following the references
to that principle contained in Alternatives A and B rather then
C. It also incorporates from Alternative A the principle of
freedom of relations with non-Members by permitting Members to extend
benefits under Chapter IV to them. Nevertheless it modifies this
principle of freedom of relations by incorporating from
Alternative B the idea of approval by the Organization. In that
Alternative, however, approval by the Organization is prior approval;
in the draft of the delegation of Belgium it is subsequent approval
or appeal should any Member consider its interests are being unduly
injured or that the purposes of the Organization are being impeded
by another Member's extension of benefits under the Charter to a
non-Member.
(e) The draft prepared by the delegation of the United Kingdom is
very similar in substance to that prepared by the delegation of
Belgium. It differs from that draft in that
(i) although it would not permit a Member to obtain exclusive
or preferential advantages from a non-Member, it employs
the language of Alternative C to express this principle;
and
(ii) it would permit appeal to the Organization by a Member
which considered its interests were being injured, not
necessarily "unduly".
The draft prepared by the delegation of Australia in its first
part is also close in substance to that prepared by the delegation
of Belgium. It provides for freedom of relations between Members
and non-Membere which is the basis of Alternative A subject to
/consistency E/CONF.2/c.6/w.22
Page 3
consistency with the aims of the Organization and avoidance of
substantial injury to the interests of Members. This, speaking
broadly, is the substance of the drafts of the delegations of
Belgium and the United Kingdom except that these latter drafts
provide for a method of securing observance of the limitations
upon the general principle. However, the draft prepared by the
delegation of Australia, in its second part, shows that its first
part is proposad merely as a stop-gap measure until the second
annual session of the Conference of the Organization which will
prescribe articles governing the relations of Members with non-Members.
3. An examination of the six alternative drafts before the sub-committee leads
to the question of how the sub-committee should go about its work. It would
seem that the essence of the proposal of the delegation of Australia must be
considered first, it being in the nature of a motion of order. If that
proposal, which amounts to preparing an article of a temporary character,
is adopted it will probably be necessary to establish a statement of general
principles such as those contained in paragraph 1 of the Australian draft.
However, it seem that this would also have to be done even if the essence of
the Australian proposal is rejected. In that event the sub-committee wouId
have before it five alternative drafts differing to a very considerable extent.
In the circumstances, it would then probably be better not to take any one
of those drafts as a basis of discussion but to establish and agree upon the
principles to be covered in the text to be produced. After these principles
had been considered, a small working party might put them into appropriate
4. It is suggested, accordingly; that after the Australian proposal, in
essence, is considered the sub-committee might turn to a consideration of
general principles, whether or not that proposal proves acceptable. If this
procedure is acceptable to the sub-committee, it should be helpful for
delegates to have before them some guidance as to the questions they might
consider in order to establish the basis of the text to be produced. An
examination of the six alternative drafts suggested thet the principal points
to be discussed, in the order in which they might be considered are as set
out hereunder.* The plan followed is that of commencing with one extreme -
* Even if the proposal of the delegation of Australia is not accepted, there
would seem to be no reason why paragraph 1 of it, despite that it is part
of a draft of a temporary nature, should not be taken into account equally
with other drafts when attempt are being made to establish the principles
of the text to be produced.
/principle E/CONF.2/c.6/w.22
Page 4
principle of complete freedom of relations between Members and non-Members -
and working down through the various degrees of restriction proposed to
almost the opposite extreme represented by Alternative C.
(a) Should there by any restriction upon the economic relations of
Members with non-Members or should there be complete freedom for Members
to carry on such economic raistions with non-Members as they see fit?
At least one delegation is of the opinion that such relations should be
absolutely unrestrained.
(b) If it is decided that Members should not be completely free to
carry on economic relations with non-Members, the question then arises
as to what should be the degree of restriction to be imposed. All the
alternative drafts with the exception of that prepared by the delegation
of Australia agree on one point in this connection. They all contain
express wording purporting to prevent Members receiving from non-Members
preferential or exclusive advantages. (Similar wording is used in
Altenatives A and B and in the draft prepared by the delegation of
Belgium, while the wording used in Alternative C coincides with that
used in the draft presented by the delegation of the United Kingdom).
In Alternative A this measure of restriction is a maximum, in the other
drafts it is a minimum, in that these latter drafts go on to provide
for more or less larger degrees of restriction. The draft of the
delegation of Australia would, it seems, also probably prevent Members
receiving from non-Members preferential or exclusive advantages. It
does not, however, say so in express words but an arrangement where a
Member received exclusive advantages from a non-Member would appear to
be inconsistent "with achievement of the purpose and objectives of
the Organization" as specified in paragraph 1 of the Australian draft.
(c) After extracting this one measure of restriction apparently common
to all of the alternative drafts, the next point to consider is probably
that raised in paragraphs 2 and 3 of Alternative A. That Alternative,
after providing for the common measure of restriction mentioned above,
heads in the opposite direction to other drafts by enabling, in
paragraphs 2 and 3, a Member a substantial part of whose trade is with
a non-Member to suspend the application of any of the provisions of the
Charter should its legitimate economic interests be seriously injured
by their execution, subject only to an obligation of consultation with
the Organization and directly affected Members.
(d) To continue further it is necessary to return to the question of
the degree to which the economic relations of Members with non-Members
are to be restricted. There is no further measure of restriction common
to the alternative drafts. Following the general plan of this paper to
/work E.CONF.2/C.6/w .22
Page 5
work from the principle of complete freedom of relations towards the
opposite extreme, it would be proper now to examine the drafts prepared
by the delegations of Australia, Belgium and the United Kingdom which,
next to Alternative A, permit the greatest degree of liberty to MembersB*
(î) It is rather difficult to distinguish between these three
drafts in respect of the degree of restriction greater than the
common degree mentioned above for in substance they are almost
identical. The Australian draft would not permit relations
between Members and non-Members to be inconsistent with the
"achievementt of the purpose and objectives of the
Organization" while the Belgian and United Kingdom drafts
would permit appeal by any Member to the Organization
should such relations impede the purposes of the
Organization. The Australian draft would not permit such
relations in any case to "cause substantial injury to the
interests of Members"**; the Belgian draft would permit
appeal to the Organization should such relations "unduly"
injure the interests of any Member, while the United Kingdom
draft would permit such an appeal should any Member consider
its interests were injured.***
(ii) Finally both the Belgian and the United Kingdom drafts lay
down the matters to be taken into account when the Organization
considers an appeal under Article 93 as those drafts envisage
it. The Belgian draft requires the Organization to "have
regard to the general purposes and objectives" of the Charter
and to "the legitimate interested of the various interested
Members" while the United Kingdom draft requires the
Organization to have "due regard to the purpose and objectives
set forth in Article 1 and to the legitimate interests of all
interested Members."
* An alternative method of proceeding at this stage might be to take
Alternative C which contains the greatest degree of restriction and
work back towards the measure of restriction common to all drafts.
* It is not clear whether this means "the interesst of Members" collectively
or severally.
*** It may be in the nature of the Australia draft, as a stop-gap measure,
that it does not mention the means of implementing the principles it
states, whether or not this should be by way of appeal, or this may be
because the delegation of Australia considers that, even without specific
mention the procedures of Chapter VIII would be available.
(e) If it E/CONF. 2/C. 6/W.22
Page 6
(e) If it is considered necessary to proceed to a greater degree of
restriction than is provided for by the Australian, Belgian and
United Kingdom drafts, Alternative B might next be discussed. This
Alternative goes one step further away from the principle of complete
freedom of relations between Members and non-Members subject to the
common degree of restriction mentioned above. Instead of permitting
a certain amount of liberty of action subject to appeal to the
Organization in certaincircumstances, that Alternative would require
a Member proposing to or continuing to grant to a non-Member benefits
under the Charter to obtain the prior approval of the Organization.
The Organization would grant or deny approval after considering whether
or not substantial injury would be caused to the interests of other
Members and whether or not the expansion of trade and promotion of the
purposes of the Organization would be adversely affected. In the case
of an existing arrangement the Organization would also take into accoun.
the possibility of substantial injury to the interests of the Member
concerned. It will be noted that the first two of these considerations
are very similar to those upon which the Organization would be required
to take its decision in judging an appeal under the Belgian and
United Kingdom drafts.
(f) Alternative C stands et the opposite extreme to Alternative A.
Apart from the degree of restriction common to all the drafts before
the sub-committee, Alternative C would deny to non-Members the benefits
of Chapter IV of the Charter except thet where a Member was already
extending such benefits, when the Organization might permit it to
continue doing so should termination of the relevant arrangement be
more detrimental to the interests of Members generally then
continuation. This Alternative would also prohibit Members
extending to non-Members any of the tariff reductions effected
under Article 17 except with the consent of the Organization. The
ides of approval by the Organization thus appears in this draft as
in Alternative B and the drafts proposed by the delegations of
Belgium and the United Kingdom but in a more limited context.
A breathing-space of one year after acceptance of the Charter
is allowed to each Member before provisions aimed at confining
the benefits of the Charter to Members take effect. |
GATT Library | vr489ks0265 | Sub-Committee on Article 93 (Relations with non-members) : Working Paper Preparede by the Secretariat | United Nations Conference on Trade and Employment, February 24, 1948 | Sixth Committee: Organization | 24/02/1948 | official documents | E/CONF.2/C.6/W.112/Rev.1 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/vr489ks0265 | vr489ks0265_90200242.xml | GATT_148 | 691 | 4,707 | United Nations Nations Unies
CONFERENCE CONFERENCE RESTRICTED E/CONF.2/C.6/W.112/
ON DU Rev.1 24 February 1948
TRADE AND EMPLOYMENT COMMERCE ET L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANAZATION
SUB-COMMITTEE ON ARTICLE 93 (RELATIONS WITH NON-MEMBERS)
Working Paper Preparede by the Secretariat
The Secretariat was requested at the sixth meeting of the Sub-Commttee
to prepare and circulate to delegations a paper showing the Various amendments
to the draft which the Sub-Committee decided to adopt as a basis for
discussion. These amendments are as follows:
Paragraph 1
(a) The delegation of France suggests that the word preclude." in the
English text should be changed to "preveent" to bring it into conformity
with the French text.
(b) The delegation of Australia sugests that paragraph 1 should be
amended so as to read:
"1. Nothing in this Charter shall preclude any Member from
concluding or maintaining commercial treaties with non-Members,
which in practice do not contravene the principles of the
Charter, or from maintaining economic relations with them."
(c) The delegation of Iran suggests that the following word should be
added at the end of this paragraph "if such agreements are not
inconsistent with the purpose of the Charter."
Paragraph 2
(a) The delegation of the United Kingdom suggests thàt the following
interpretative note should be adpteed:
"Nothing in this Article shall be construed to prejudicé or
prevent the operation of the provisions of Article 57 (1)
regardling the treatment to be accorded to non-participating
countries under the tersm of a comodity control agreement
which conform to the requirements of Chapter VI.".
(b) The Chairman suggests that the first sentence of this paragraph
should be amended in the following fashion:
/"2. Members E/CONF.2/C.6/W.112/Rev.1
Page 2
"2. Members recognize, however, that it would be inconsistent
with the purpose of this Charter to [seek] maintain any
arrangements with non-Members ..............other Members."
(c) The delegation of Lebanon suggests that the second sentence of
this paragraph should read: "Accordingly, subject to the provisions
of Article 15 and Chapter IV ............"
(d) The delegation of China suggests that the second sentence of
paragraph 2 should be made into a now paraeraph 3.
Paragraph 3
(a) The delegation of France suggests that paragraph 3 should be
redrafted as follows:
3. No Member shall extend to the trade of any non-Member
treatment more favourable than that which the Charter
authorizes that Member to extend in this case to a Member,
and which injures the interests of another Member."
(b) The delegation of Lebanon suggests that the commencing words
of paragraph 3 should be amended to read: "Subject to the provisions
of Article 15 and Chapter IV",
(c) The delegation of Czechoslovakia suggested that the commencing
words of paragraph 3 should be amended to read "Subject to any other
provisions of this Charter".
' (d) The delegation of the United Kingdom suggests that paragraph 3
should be amended to read as allows:
"3. Subject to the provisions of Chapte, IV, no Member shall
extend to the trade of a non-Member treatment which, being more
favourable than that which it extends to any other Member,
materially injures the Interests of another Member."
(e) The delegation of Iran suggested that the following sentence should
be added to the end of paragraph 3: "Existing agreements inconsistent
with the provisions of paragraph 1 and 3 shall not be renewed ater
their expiration."
Paragraph 4
The delëeation of Australia suggests that the words "as favourable as"
should be deleted.
/Paragraph 5 E/CONF. 2/C. 6/W. 112/Rev.1
Page 3
Paragraph 5
(a) The delegation of Cuba suggests that the commenoing word of the
second sentence should be amended to read: "Any recommendation
involving alteration in the provisions of this Article".
(b) The delegation of Iran suggests the following interpretive note
to paragraph 5:
"In making its recommendations the Executive Board shall have
due ragard to special conditions and economic circumstances of
those Members which are creditor countries or have substantial
long-standing trade with such non-Members with which they are
neighbours, and shall take appropriate account of the
consequences of its recommendations upon the interests of such
Members."
Other Suggestions
The delegation of Lebanon suggests that Article 93 should provide for
a transitional period. |
GATT Library | bf554sb1851 | Sub-Committee on Articles 95, 96, 97, 99 and 100. Summary record of First Meeting. : Held 6 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 7, 1948 | Sixth Committee: Organization | 07/01/1948 | official documents | E/CONF.2/C.6/W.20 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/bf554sb1851 | bf554sb1851_90200127.xml | GATT_148 | 372 | 2,513 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.20
ON DU 7 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 97, 99 AND100
SUMMARY RECORD OF FIRST MEETING
Held 6 January1948 at 10.30 a.m.
Chairman: Mr. FAWCETT (United Kingdom)
Consideration of Paragraph 2 of Article 95 (Amendments)
In the absence of any body of support for that part of the amendment
of the delegation of Mexico which aimed at deleting the second sentence of
paragraph 2, the sub-committee considered whether any amedment should be
made to the text prepared by the Preparatory Committee.
Mr. KOJEVE (France) suggested a compromise solution comprising four
points:
(a) the determination by the Conference that any amendment was of
the importance envisaged in the second sentence should be by a
majority of two-thirds of the Members;
(b) the phrase 'within a period specified by the Conference" in
the second sentence should be amended to read "within a reasonable
period";
(c) a Member not accepting an amendment of the greater importance
type should be suspended from membership and not forced to withdraw;
(d) in the last sentence the phrase "upon the expiration of six
months" should be replaced by "upon tho expiration of a period
not greater than six months".
A majority in the Sub-Comittee supported the first amendment suggested
by the representative of France.
Mr. STINEBOWER (United States) said that he was prepared to accept
this amendment but only if the majority required to approve an amendment
of the type in question was also changed to two-thirds of the Members.
A majority of the members of the Sub-Committee also was in favour of
accepting the third amendment suggested by the representative of France.
Mr. STINEBOWER (Utited States) was prepared to accept this amendment
providing that it meant complete suspension from membership.
It was agreed that the representatives of Mexico and the United States
/should from a E/CONF.2/C.6/W.20
Page 2
should form a working group to prepare a redraft or paragraph 2 in the
light of the discussion which had taken place.
Considceration on Paragraph 3 of Article 95
It was agreed that the majority specified shouId be amended to
"two-thirds of the Members present and voting " |
GATT Library | cr988tb5360 | Sub-Committee on Articles 95, 96, 98, 99 and 100. Notes on Eleventh Meeting. : Held 3 February 1948, et 6.00 p.m | United Nations Conference on Trade and Employment, February 4, 1948 | Sixth Committee: Organization | 04/02/1948 | official documents | E/CONF.2/C.6/W.85 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/cr988tb5360 | cr988tb5360_90200207.xml | GATT_148 | 501 | 3,234 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.85
ON DU 4 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL : ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98, 99 AND 100
NOTES ON ELEVENTH MEETING
Held 3 February 1948, et 6.00 p.m.
Chairman: Mr. MACHADO (Cuba)
The Sub-Committee continued its discussion of the point of order raosed
'by the representative of France which was that in connection with the proposal
of the delegation of the United States there were International questions not
capable of being solved at Havana and that therefore the Conference was not
competent to decide the matter.
This point of order was supported by the representatives of Poland,
Czechoslovakia and Chine on the ground, inter alis, that the Conference
did not have the power of construing international agreements entered. into
by certain of the states at the Conference and one other state.
The representative of the United Kingdom considered that the representetive
of the United States should be given the floor so as to explain his
amendment and reply to the various points which had been raised. He thought
that it was necessary to hear this statement before the Sub-Committee could
decide whether there was any clash of obligations on the part of certain states
represented at the Conference.
The representative of Australia thought that the Conference was competent-
to take a decision upon the proposed of the delegation of the United States
but he pointed. out that the question amounted to whether it would be wise to
put such a proposal into the Chater. He thought that implementation of the
Charter as regards Germany and Japan should be left to the control authorities
and he therefore suggested that the Sub-Committee consider adopting a resolution
of an advisory nature suggesting action by the Allied Control Council for
Germany and by the Far Eastern Commission.
The representatives of Indie and Belgium suggested that a working party
should be established. to examine fully all the implications of the proposal
of the delegation of the United States.
The representative of France maintained his point of order but stated
that if this point of order were upheld he would be prepared to enter into a
discussion as to whether or not the proposal of the delegation of the
/United States E/CONF.2/C.6/W.85
Page 2
United States might not be embodied in some other form, such as a resolution of the
Conference.
In the course of the discussion the Chairman stated that in his opinion
the Conference was competent to discuss the merits of the proposal before it
but the real question before the sub-committee was whether or not it would be
advisable for the Conference to adopt the substance of the proposal and either
place it in the Charter or deal with it in some other manner.
It was agreed that after the representative of the United States had
been given an opportunity of replying to the debate upon the point of order,
the Chairman would issue his ruling. |
GATT Library | pr181gr5983 | Sub-Committee on Articles 95, 96, 98, 99 and 100. Redraft of Article 95 suggested by Delegations of Mexico and United States | United Nations Conference on Trade and Employment, January 9, 1948 | Sixth Committee: Organization | 09/01/1948 | official documents | E/CONF.2/C.6/W.27 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/pr181gr5983 | pr181gr5983_90200135.xml | GATT_148 | 343 | 2,315 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.27
9 January 1948
ON TRADE AND EMPLOYMENT DU COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98, 99 AND 100
REDRAFT OF ARTICLE 95 SUGGESTED BY DELEGATIONS OF MEXICO AND UNITED STATES
1. Any amendment to this Charter which does not alter the obligations
of Members shall become effective upon approval by the Conference by the
affirmative votes of two-thirds of the Members.
2. Any amendment which alters the obligaltions of Members, shall, after
receiving the approval of the Conference by the affirmative votes of
two-thirds of the Members present and voting, become effective for each
Member accepting the amendment upon acceptance on the part of two-thirds
of the Members, and thereafter for each romaining Member, on acceptance by
it. The Confererence may, in its resolution approving an amendment under this
paragraph, determine that the amendment is of such a nature that all
Members, which have not accepted it within a specified period after the
emendment has become effective, shall be suspended from membership in the
Organization; Providod that at any time, the Conferonce may, by the
affirmative votes of two-thirds of the Members present and voting, deterrmine
the conditions under which this suspension shall be waived with respect
to any such Member.
3. A Member not accepting an amendment under paragraph 2 of this Article,
shall be free to withdraw from the Organization at any time after the
amendment has become effective, upon the expiration of sixty days from the
day on which written notice of such withdrawal is received by the
Director-General; Provided that the withdrawal of any Member suspended
under paragraph 2 of this Article shall be effective upon receipt of written
notice of withdrawal by the Director-General.
4 The Conference shall, by the affirmative votes of two-thirds of the
Members present and voting, establish rules with respect to the reinstatement
of Members suspended under the provisions of paragraph 2 of this Article and
any other rules required for carrying out the provisions of this Article. |
GATT Library | jv776fr1149 | Sub-Committee on Articles 95, 96, 98, 99 and 100 Summary record of Eighth Meeting : Held on 23 January 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, January 24, 1948 | Sixth Committee: Organization | 24/01/1948 | official documents | E/CONF.2/C.6/W.70 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/jv776fr1149 | jv776fr1149_90200191.xml | GATT_148 | 197 | 1,510 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.70
ON DU 24 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98, 99 AND 100
SUMMARY RECORD OF EIGHTH MEETING
Held on 23 January 1948, at 3.00 p.m.
Chairman: Mr. FAWCETT (United Kingdom)
Consideration of New Article 100
The Working Party which vas formed to redraft the proposed text
submitted by the delegation of Chile, reported. that since no compromise
wording acceptable to all concerned could be found, the delegation of Chile
in a gesture of co-operation, withdrew its amendment.
Consideration of Mexican Amendment to Paragraph 3 of Article 99
This amendment was withdrawn since certain delegations had explained
that their governments vould encounter constitutional difficulties in
attempting to enforce the provisions of Article 99 if it were amended as
proposed. The delegate of Mexico stated that since Mexico vould encounter
constitutional difficulties in accepting the text of the Charter because it
was not in the Spanish language, he reserved the right to raise the very
same arguments which had been expounded in the Sub-Committee against his
amendment, particularly in regard to the proposed amendments to Article 92. |
GATT Library | sy137sw9414 | Sub-Committee on Articles 95, 96, 98, 99 and 100. Summary record of Fifth and Sixth Meetings. : Held on 15 and 16 January 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, January 16, 1948 | Sixth Committee: Organization | 16/01/1948 | official documents | F/CONF.2/C.6/W.47 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/sy137sw9414 | sy137sw9414_90200158.xml | GATT_148 | 597 | 3,987 | United Nations Nations Unies
RESTRICTED
CONFERENCE CONFERENCE F/CONF.2/C.6/W.47
ON DU 16 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98, 99 AND 100
SUMMARY RECORD OF FIFTH AND SIXTH MEETINGS
Held on 15 and 16 January 1948, at 10.30 a.m.
Chairman: Mr. FAWCETT (United Kingdom)
CONSIDERATION OF REDRAFT OF ARTICLE 95
The following redraft of Article 95 suggested by the delegations of
Mexico and the United States of America and amended by the Sub-Committee
was approved:
"1. Any amendment to this Charter which does not alter the obligations
of Members shall become effective upon approval by the Conference by the
affirmative votes of two-thirds of the Members.
2.Any amendment which alters the obligations of Members, shall, after
receiving the approval of the Conference by the affirmative votes of
two-thirds of the Members present and voting, become effective for each
Member accepting the mendment upon the ninetieth day after two-thirds
of the Members have notified the Director-General of their acceptance,
and. thereafter for each remaining Member, on acceptance by it. The
Conference may, in its resolution approving an amendment under this
paragraph, determine that the amendment is of such a nature that all
Members, which have not accepted it within a specified period after the
amendment bas become effective, shall be suspended from membership in
the Organization; Provided that et any time, the Conference may, by the
affirmative votes of two-thirds of the Members present and voting,
determine the conditions under which this suspension shall be waived
with respect to any such Member.
3. A Member not accepting an amendment under paragraph 2 of this
Article, shall be free to withdraw from the Organization at any time
after the amendment has become effective, upon the expiration of sixty
days from the day on which vritten notice of such withdraval, which may
be given at any time, is received by the Director-General; Provided
that the withdrawal of any Member suspended under paragraph 2 of this
/Article shall E/CONF.2/C. 6/W.47
Page 2
Article shall be effective upon receipt of written notice of withdrawal
by the Director-General.
4. The Conference shall, by the affirmative votes of two-thirds of the
Members present and voting, establish rules with respect to the
reinstatement of Members suspended under the provisions of paragraph 2
of this Article and any other rules required for carrying out the
provisions of this Article, including the determination whether
paragraph 1 or paragraph 2 would apply".
CONSIDERATION OF ARTICLE 96
The Sub-Committee adopted the following new text of Article 96:
"ARTICLE 96
Review of the Charter
1. The Conference hall carry out a general review of the provisl's
of this Charter et a special session to be convened in conjunction 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 may wish
to propose and shall circulate them for consideration by the other
Member.
3. Amendments resulting from such review shall become effective
according to the procedure established in Article 95."
COSIDERATION OF THE PROPOSED NEW ARTICLE 100 SUBMITTED BY THE DELEGATION
OF CHILE
It was determined that a majority of the Members of the Sub-Committee
agreed with the principle embodied in the Chilean amendment. Since
agreement could not be reached on the exact wording of the proposed new
Article, the Chairman appointed. Working Party composel of Belgium, France,
Mexico and. the United Kingdom for the purpose of redrafting the proposed
amendment. |
GATT Library | pw558zg5499 | Sub-Committee on Articles 95, 96, 98, 99 and 100. Summary record of Ninth Meeting. : Held on 26 Jaunary 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, January 27, 1948 | Sixth Committee: Organization | 27/01/1948 | official documents | E/CONF.2/C.6/W.74 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/pw558zg5499 | pw558zg5499_90200196.xml | GATT_148 | 648 | 4,281 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.74
27 January 1948
ON DU
TRADE AND EMLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98, 99 AND 100
SUMMARY RECORD OF NINTH MEETING
Held on 26 Jaunary 1948 at 6.00 p.m.
Chairman Mr. FAWCETT (United Kingdom)
The delegate fori the United States explained his amendment and stated
that the Charter should be a universal document which would include former
anemy states He felt that the present draft of the Charter in the Geneva
form was very ambiguous on this issue and that there were of least two parts
of the present Charter which might or might not cover Germany and Japan,
i.e,. Article 68 and pragraph 1 of Article 99. He tated that his amendment
could. be summarized as meening tat Germany and Japan come under the
provisions of the Charter at the present time and that the amendment was
based on the desire to encourage peace-time industries. He concluded by
saying that he did not insist on the terms of the amendment but was
open-minded on the entire question and was willing to discuss other means
to accomplish the and he proposed, including the exploration of the
practicability of a separate protocal which would of course, disappear at
the end. of the occupation.
The delegate for Belgium proposed the nomination of a small working
group to consider the United States amendment in all its aspects. The
delegate of Czechoslovakia raised a point of order and stated that since
several countries were collectively responsible for the administration of
Germany and Japan he falt that it was not within the competence of this
Conference to discuss the proposed. United States amendment. The delegate
of China supported. the proposal that a working group of legal experts be
set up to discuss the question of the competence of this Conference to
consider the United States amendment,
The delegate of Czechoslovakia d.id not agree with the procedure
proposed by the delegates of Belgium and France and raised. the following
three points firstly, this Conference was not competent to deal with
matters of international trade relations of Germany and Japan; secondly,
/he moved the E/CONF.2/.C.6/W.74
Page 2
he moved the closure of the debate; and thirdly, he asked for a roll call.
on the basis of Rule 26 of the Rules of Procedure, he felt that it was
clear that the Czechoslovak proposal went the furthest and he asked the
Chair to take a vote on that proposal first. The Chairman stated that
Rule 26 did. not apply in this case but only Rules 20 and 21 and gave a
ruling that the United States amendment was properly before the meeting
according to the procedure of the Conference. Whether its substance,
however, was within the competence of the Conference, he said, was another
matter yet to be decided. The delegate of Czechoslovakia stated that in
accordance with hie opinion, the decision of the Chair was contrary to
Rule 26 of the Rules of Procedure and that ho wished to reserve the right.
to bring up the question before a public meeting of the Heads of Delegations,
and again proposed the closure of the debate. The Chairman took the sense
of the Sub-committee and the Sub-Committee decided by a majority of eight
to two that the amendment was properly before them without, however,
reflecting any opinion on the substance o the amendment. After further
discussion, several delegates stated that they thought it would be necessary
for them to obtain further instructions from their governments and that they
did not agree with the desirability of setting up a working group immediately,
ln view of the opinion of the Sub-Committee, the Chairman discarded the
proposal to set up a working group and instead tentatively set the next date
for a meeting of the Sub-Committee for Friday morning, 30 January 1948. |
GATT Library | xv539wd8417 | Sub-Committee on Articles 95, 96, 98, 99 and 100. Summary record of Seventh Meeting. : Held on 21 January 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, January 22, 1948 | Sixth Committee: Organization | 22/01/1948 | official documents | E/CONF.2/C.6/W.65 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/xv539wd8417 | xv539wd8417_90200184.xml | GATT_148 | 288 | 2,151 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.65
ON DU 22 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98, 99 and 100
SUMMARY RECORD OF SEVENTH MEETING
Held on 21 January 1948, at 6.00 p.m.
Chairman Mr. FAWCETT (United Kingdom)
Consideration of New Article 100.
Discussion of this Article was postponed until the next meeting to
enable delegations to study the question further.
Consideration of the United States Amendment to Article 99
Discussion of this amendment was postponed until Monday, 26 January,
at the request of several delegations which were awaiting instructions on
this subject..
Consideration of Mexican Amendment to Paragraph of Article 99.
The delegate of Mexico stated that the purpose of the amendment was to
establish definitely in the text of the Cherter that each Member should take
all the necessary mesusres to ensure that the provision of the Charter
are being conformed with in all the territcries under the Memberrs
jurisdiction.
The delegate of France did not agree with the proposed amendment and-
pointed. out that the words "take all necessary measures" when translate -
into French, implied even so much as the use of armed forces in this respect.
The delegates of Australia and the United States opposed the amendment
on the ground that within the framework of the constitutional organization
of their respective countries, the central goverments could not assume
the responsibility which the amendment proposes they should undertake,The
delegate of Mexico understood the constitutional diffculties which other
countries might have in regard to the proposed amendment and expressed his
willinggness to accept a revised draft which would meet the various points
raised. Further discussion was postponed until the neit meeting |
GATT Library | zj654ps8518 | Sub-Committee on Articles 95, 96, 98 and 100. Summary record of Second Meeting. : Held 7 January at 5.45 p.m | United Nations Conference on Trade and Employment, January 8, 1948 | Sixth Committee: Organization | 08/01/1948 | official documents | E/CONF.2/C.6/W.24 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/zj654ps8518 | zj654ps8518_90200132.xml | GATT_148 | 319 | 2,163 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.24
ON DU 8 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98 AND 100
SUMMARY RECORD OF SECOND MEETING
Held 7 January at 5.45 p.m.
Chairman: Mr. FAWCETT (United Kingdom)
Consideration of Proposed Amendments to Article 96
The principle of the amendment proposed by the delegation of India
to review the provisions of the Charter within five years, instead of
ten years, was accepted by the Sub-Committee. The amendment submitted
by the delegation of Peru was carefully considered but the Sub-Committee
felt that the addition of the proposed sentence was unnecessary as
Article 96 did not- exclude the right of amending any of the provisions
of the Charter by means of the procedure indicated in Article 95.
A majority of the Members of the Sub-Committee agreed that Article 96
should remain as a distinct and separate Article and agreed that a new
draft of Article 96 presented by the delegation of Mexico during the meeting,
appeared to be the best compromise of the various views expressed. This
draft is now being circulated to Members of the Sub-Committee and will be
considered at the next meeting.
Consideration of Proposed Amendments to Article 98
Paragraph 1
The Sub-Committee unanimously approved the substitution of the words
"Instruments of acceptance of this Charter shall be deposited with, etc."
for the words "The Government of each State accepting this Chartar shall
deposit an instrument of acceptance with, etc.".
The delegate of Uruguay withdrew his amendment to paragraph 2, to
support, together with Argentina, the amendment of Mexico. The delegate
of the United States supported by the United Kingdom and France was in
favour of the present tèxt. He pointed out that if the number of countries
necessary to bring the Charter into force was too high, it would operate
as a hindrance to the Organization., |
GATT Library | yc435zq9610 | Sub-Committee on Articles 95, 96, 98 and 100. Summary record of the Third Meeting. : Held 10 January 1948 at 5.45 p.m | United Nations Conference on Trade and Employment, January 12, 1948 | Sixth Committee: Organization | 12/01/1948 | official documents | E/CONF.2/C.6/W.38 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/yc435zq9610 | yc435zq9610_90200148.xml | GATT_148 | 377 | 2,507 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.38
ON DU 12 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 95, 96, 98 AND 100
SUMMARY RECORD OF THE THIRD MEETING
Held 10 January 1948 at 5.45 p.m.
Chairman: Mr. FAWCETT (United Kingdom)
CONTINUATION OF DISCUSSION ON ARTICLE 98
The delegates of Mexico and Urugway, speaking in support of their
jointly sponsored. amendment, were of the opinion that the ratification by
a majority of the governments now represented at Havana, should be required.
for the envance into force of the Charter. They pointed out that this
precedent had been established in Article 110 of the Charter of the
United Nations, and they believed that ratification by only twenty states,
as required by the Geneva. draft of Article 98, would not give the
Organization truly International representation. They expressed themselves
as being strongly in favour of the deletion of the second and third.
sentences of paragraph 2 of Article 98, and pointed out that this clause
was unnecessary, since any group of States that wishes to start another
organization, may do so without reference to Article 98, or to the present
Charter, The delegate of Argentina supported this position.
The delegates of France and the United Kingdom were not opposed to
suppressing sentences 2 and 3 of paragraph 2, but were not in favour of
the majority principle expressed in the Mexican amendment. They pointed
out that the number twenty was chosen because It represents the smallest
number of states which could make the proposed Organisation a "going concern."
They stated that the notion of an absolute majority imposing its rule on
the minority is not a valid argument in this case, because there is no
question of the twenty States which do sign the Charter, imposing their
will won the rest.
The delegate of the United States supported this position, but was in
favour of maintaining the proviso on the ground that the proviso is an
evidence of good faith and stands as an approval of this Conference since,
if the proviso is used in the future, the signatory government would be
accepting a Charter drafted. by all the states now present at Havana, and
not Just by themselves. |
GATT Library | xf726zw8124 | Sub-Committee on Articles 96, 98, 99 and 100. Summary record of the Fourth Meeting. : Held on 14 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 15, 1948 | Sixth Committee: Organization | 15/01/1948 | official documents | E/CONF.2/C.6/W.45 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/xf726zw8124 | xf726zw8124_90200156.xml | GATT_148 | 300 | 2,076 | United Nations Nations Unies
RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.45
ON DU 15 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON ARTICLES 96, 98, 99 AND 100
SUMMARY RECORD OF THE FOURTH MEETING
Held on 14 January 1948 at 3.00 p.m.
Chairman: Mr. FAWCETT (United Kingdom)
CONDINUATION OF DISCUSSION OF ARTICLE 98
The delegate of Mexico stated that he must continue to support his
amendment on the principle of majority to the first part of paragraph 2
of Article 98 .
ln view of this position, the Chairman stated that this Sub-Committee
could not report agreement on this qustion to the Sixth Committee and.
summed up the position of the delegations represented on the Sub-Committee
as follows:
In favour of the Geneva text of Article 98 (first part of paragraph 2):
Belgium, France, India, Italy, United Kingdom and the United States'
In favour of the joint Mexican-Uruguayan amendment:
Argentina, Mecxico and Uruguay:
In favour of a comprocmise number:
Czechoslovakia.
The following proviso was adopted by the Sub-Committee to replace the
proviso in paragraph 2 of Article 98:
"Provided that, if this Charter shall not hava ontered into force
by [30 June 1949], the Secretary-General of the United Nations shall.
institute consultation among those governments which have deposited.
acceptances to cdetermine whether, and an what conditions, they desire
to bring the Charter into force."
CONSIDERATION OF PROPOSED AMENDMENT TO ARTICLE 100
After some, discussion, the Sab-comnmittee came to the conclusion that
the object of this amendment could be best dacided. at a later stage in
the plenary sessions of the Sixth Committee and the Conference. At the
same time, the Sub-Committee decided to inform the Sixth Cammittee that it
had found no precedent in other organizations for the object aimed at in
the proposed amndment. |
GATT Library | ds164vv7476 | Sub-Committee on chapter VII (Settlement of differences-interpretation). Notes on Sixth Meeting. : Held 16 January 1948 at 5.30 p.m | United Nations Conference on Trade and Employment, January 17, 1948 | Sixth Committee: Organization | 17/01/1948 | official documents | E/CONF.2/C.6/W.54 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/ds164vv7476 | ds164vv7476_90200166.xml | GATT_148 | 1,289 | 7,927 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.54
ON DU 17 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VII
(SETTLEMENT OF DIFFERENCES -INTERPRETATION)
NOTES ON SIXTH MEETING
Held 16 January 1948 at 5.30 p.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee resumed its consideration of the phrase "give a
ruling" in paragraph 1 of Article 90 insofar as the powers of the Executive
Board under this Article were concerned.
Mr. HEBERT (Canada) said that he thought the Executive Board had the
following powers under Article 90 when a dispute had been brought to its
attention:
(a) to decide whether or not nullification or impairment under
Article 89 existed;
(b) to make recommendations to the Members;
(c) to issue a cease or desist order;
(d) to refer the dispute to arbitration under paragraph 2 of
Article 90; and
(e) to refer the matter to the Conference under paragraph 3
of Article 90.
Mr. KARMARKAR (India) asked whether a Member complying with the
provisions of the Charter yet causing the nullification or impairment
of the benefits of the Charter as regards another Member might be asked to
desist. This question led him to the conclusion that as regards the
powers set out in Article 90 it was necessary to distinguish between
nullification or impairment of benefits arising out of action taken or
omission by a Member which was in conformity with the Charter and action
or omission which contravened the provisions of the Charter. The powers
under paragraph 1 also depended upon whether the measures mentioned in
paragraph 4 were compensatory or punitive in character. He thought that
to give the Executive Board power to issue a cease or desist order under
Article 90 would go beyond its jurisdiction as specified in Article 78.
/The CHAIRMAN E/CONF.2/C.6/W.54
Page 2
The CHAIRMAN remarked in reply to the representive of india that
the Sub-Commitee agreed that if a M e mber was acting within the provisions
of the Charter the Executive Board would not be able to issue a cease or
desist order.
Mr. AMADOR (Mexico) said that he interpreted "give a ruling" as issue
a declaration that a situation existed or did not exist.
Mr. HOLLOWAY (South Africa) agreed with the representative of India
that it would be necessary to distinguish a dispute arising from action
taken or omission by a Member conforming to the provisions of the Charter
and action taken or omission not conforming to the provisions of the Charter.
In the former case the Executive Board. would not be able to make any
effective action short of referring the matter directly to the Conference
for the awarding of compensation.
The CHAIRMAN said that the general question of the powers of the
Executive Board under Article 90 still remained open. However he wished
the Sub-Committee to consider firstly the powers of the Board under
sub-paragraphs (a) and (b) of Article 89 excluding the case where the
application by another Member of any measure did not conflict with the
provisions of the Charter, and secondly, the powers of the Board where
the application by another Member of any measure did not conflict with
the provisions of the Charter, and in the case of situations arising under
sub-paragraph (c) of Article 89, particularly, as regards both cases, the
power to issue a cease or desist order.
Mr. HAIDER (Iraq) said that in his opinion the Executive Board could
not issue a cease or desist order in either case.
Mr. RUBIN (United States) said that he thought the powers of the
Executive Board under Article 90 should be identical with those of the
Conference except that the Board should not possess the power of enforcing
its rulings, which pcwer should rest with the Commerence alone.
Mr. FAWCETT (United Kingdom) said that the powers of the Board under
Chapter VIII must not exceed those of the Confererence. Also these powers
must not be exercised in such a way that their results would not be
acceptable to the Members. If any power to issue a cease or desist order
were to exist under Chapter VIII (and he was uncertain that his delegation
would agree that this should be the case) that power must reside in the
Conference alone. Similarly the power to give release from obligations as
a result of the application of the procedures of Chapter VIII must reside
wholly in the Conference. It followed, therefore, that the United Kingdom
delegation wished to limit any power the Board might have to submit dispute
to arbitration. He considered that under Article 90 the Board might make
/investigations, E/CONF.2/C.6/W.54 Page 3
investigations, findings and recommendations, as well as interpret the
Charter in cases where there had been a breach of an obligation by a
Member or the application of a measure conflicting with the provisions of
the Charter or in any other situation.
Mr FACK (Netherlands), referring only to cases arising under
sub-paragraph (a) of Article 89, said that a Member might either admit
that it had to carry out its obligations under the Charter or it
might ree to make such an admission. In-the former case, all that the
Board would need to do would be to make a finding as to whether there had
been a nullification or impairment of benefits. In the latter case the
Board would have to issue a ruling.
Mr. AMADOR (Mexico) said that both in cases arising under
sub-paragraph (a) of Article 89 and under sub-paragraph (b) of that article
where a Member had taken a measure conflicting with the provisions of the
Charter the Executive Board would, make an investigation and issue a ruling
determining whether or not there had been a violation of the provisions of
the Charter, On the basis of that ruling the Board would make a
recommendation aimed, at conciliation. In the event of failure of
conciliation, the Board would give a ruling in the sense of a decision,
If this ruling were accepted the case would be closed; if not, it would go
to the Conference. In the case of matters brought before the Executive
Board under sub-paragraph (c) of Article 89, the Board would make
recommendations only to the Conference.
Mr. TANGE (Australia) said that in his opinion the first step taken
by the Board in the case of matters brought to its attention under
Chapter VIII would be to decide whether a reasonable attempt had been made
to reach an agreement thought consultation. The Board should use its good
offices to this end. If this process of consultation failed, the Board
would then consider whether or not there had been a nullification or
impairment of benefits. If the Board decided. there had been a nullification
or impairment of benefits, it must refer the question to the Conference.
If it decided otherwise, the case would lapse, unless it was brought before
the Conference under paragraph 3 of Article 90. To this procedure he would
add the general power of the Executive Board to make recommendations to the
Members.
The CHAIRMAN up the discussion by saying that it seemed. the
sub-committee was in agreements upon the following functions of the
Executive Board under Airticle 90:
/1. The Board E/CONF.2/C.6/W.54
Page 4
1. The Board could investigate a case to decide whether or
not there, had been a nullification or impairment of benefits
under the Charter. In the course of such investigation it
might, If necessary, interpret the Charter.
2. The Board could make recommendations not of a binding
character to the Conference and to the Members.
3. The Board might decide whether the case should be dealt
with by itself or referred directly to the Conference or to
arbitration (paragraph 2 of Article 90). |
GATT Library | md084nh8221 | Sub-Committee on chapter VII (Settlement of differnces- interpretation) : Colombia: Suggested amendments to Article 90 | United Nations Conference on Trade and Employment, January 17, 1948 | Sixth Committee: Organization | 17/01/1948 | official documents | E/CONF.2/C.6/W.53 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/md084nh8221 | md084nh8221_90200165.xml | GATT_148 | 207 | 1,499 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.53
ON DU 17 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VII (SETTLEMENT OF DIFFERNCES-
INTERPRETATION)
COLOMBIA: SUGGESTED AMENDMENTS TO ARTICLE 90
The delegation of Colombia proposes to amend paragraph 4 of Article 90
as follows:
"4. If the Conference considers thet [the circumatances are serious
enough] the nullificeeation impairmant eferred to in article 89 in fact
exists and is sufficiently serious to justify such action, it may
authorize a Member or Members to suspend the application to any other
Member or Members of such obligations or concessions under or pursuant
to the Charter [as the Conference determined to be appropriate7 only to
such an extent as the Conference considers to be a compensatory measure,
having regard to the benefit which has been nullified or impaired. If
the application to any Member ...."
The delegation of Colombia also proposes to add a new paragaph 5 reading
as follows:
"5. When giving a decision under this Article, the Conference shall take
into account whether the Member being deprived from a benefit or concession
in accordance with pagraph 4, has or has not failed to fulfil its a
obligations under this Charter." |
GATT Library | kq978wq6363 | Sub-Committee on chapter VII (Settliment of diferences-interpretation). Notes on the Twenty-Second Meeting. : Held 25 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 26, 1948 | Sixth Committee: Organization | 26/02/1948 | official documents | E/CONF.2/C.6/W.118 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/kq978wq6363 | kq978wq6363_90200250.xml | GATT_148 | 343 | 2,428 | RESTRICTED
United Nations Nations Unies E/CONF.2/C.6/W.118
CONFERENCE CONFERENCE 26 Fabruary 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VII (SETTLIMENT OF DIFERENCES - INTERPRETATION)
NOTES ON THE TWENTY-SECOND MEETING
Held 25 February 1948 at 10.30 a.m.
Chairman Mr. COUILIARD (Canada)
The Sub-Committee had before it a document prepared in the light of
consultations between various delegations containing a suggested annex to
Article 95 and a redraft of the resolution previously prepared, which it
was thought might resolve the division in the Sub-Committee over the
amendment presented by the delegations of France and Colombia
(document E/CONF.2/C.6/12/Add.23 and E/CONF.2/C.6/W.113).
The representative of France explained that if the solution proposer
in this document were acceptable he would be able to withdraw the amendment
in question although his delegation was still of the same opinion.
The representative of Colombia pointed out that the solution which was
suggested in the paper merely postponed the issue until the first regular
session of the Conference. He did not have any objection to this course of
action. However, insofar as the first proviso to the annex to Article 95
limited the competence of the International Court under paragraph 2(c) of
Article 36 of the Statuts, he would have to reserve his position regarding
this proviso pending the receipt of further- instructions.
The representatives of Mexico and India said that they could accept the
solution proposed subject to confirmation by their governments, whilst the
representative of the United Kingdom reserved his position pending the
receipt of instructions.
The representative of Poland said that the solution was acceptable to
him in principle but that he regarded the first proviso to the proposed annex
to Article 95 as limiting the competence of tho International Court.
Suject to the reservations above mentioned, the Sub-Committee found the
annex to Article 95 and the redraft of the resolution generally acceptable.
(For tho text of the suggested annex to Article 95 and for the new text of
the resolution, see the Report of the Sub-Committee, document
E/CONF.2/C.6/83) . |
GATT Library | hw274jz8327 | Sub-Committee on chapter VIII (Setllement of differences-interpretation). Notes on Tweleth Meeting. : Held 31 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 31, 1948 | Sixth Committee: Organization | 31/01/1948 | official documents | E/CONF.2/C.6/W.82 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/hw274jz8327 | hw274jz8327_90200204.xml | GATT_148 | 146 | 1,175 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C. 6/W. 82
ON DU 31 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB- COMMITTEE ON CHAPTER VIII (SETLLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES ON TWELETH MEETING
Held. 31 January 1948 at 10.30 a.m.
Chairman; Mr. COUILLARD (Canada)
The Sub-Committee continued its discussion of Article 91.
Several delegaces favoured a further examination of the proposal
of the delegation of France (document E/CONF.2/C.6/W.73). It was agreed,
therefore, that the working party which would be eventually established
to redraft Article 91 would consider the possibility and desirability
of meeting the views embodied in this proposal.
The Sub-Committee then discussed the amendment of the delegation
of Australia to paragraph 2 (document E/CONF.2/C.6/W.15). Several
representatives opposed the amendment on the grounds that it tended to
restrict the text which was not desirable or was unnecessary. |
GATT Library | mb274mx6875 | Sub-Committee on chapter VIII (Settlement differences -interpretation). Summary record of the First Meeting. : Held 5 January 1948 at 5.45 P.M | United Nations Conference on Trade and Employment, January 7, 1948 | Sixth Committee: Organization | 07/01/1948 | official documents | E/CONF.2/C.6/W.19 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/mb274mx6875 | mb274mx6875_90200126.xml | GATT_148 | 801 | 5,371 | United Nations Nations Unies
CONFERENCE E/CONF.2/C.6/W.19
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT DIFFERENCES - INTERPRETATION)
SUMMARY RECORD OF THE FIRST MEETING
Held 5 January 1948 at 5.45 P.M.
Chairman: Mr. COUILLARD (Canada)
The sub-committee had before it as its working paper document
E/CONF.2/C.6/W.15 and decided to embark immediately upon an oxamination of
Article 89. (Consultation Between Members). Discussion was commenced upon
the amendment proposed by the delegations of India and Mexico to delete
sub-paragraphs (b) and (c).
Mr.COOMBS (Australia) eviewed the history of Article 89. The
delegation of Australia at the Preparatory Committee had proposed very
positive obligations regarding employment. However, that delegate had
been persuaded to accept obligations relating to employment of a less
positive character in return for provisions in Article 89 which would.
enable a Member to obtain without difficulty a review of its obligations
under the Charter should the obligations regarding employment. not serve
to prevent such situations as the collapse of levels of employment and
effective demand leading .to widespread depression. Thie was the type of
situation envisaged- in sub-paragraph (c) which also could be used to cover
:the case of a non-Member taking action causing a Member. difficulty in
carrying out its :obligations under the Charter, He admitted that the text
of sub-paragraphs (b) and (c) was very wide but it was very dîfficult to
find a text less flexible which could cover all the situations which might
arise. .
rftOMr. KOJEVE (France) suggested that sub-paragraphs (b) and. (c) migth.
be made more definite by-.insertixg "economic" before "measure" and.
situation respectively.
Mr, AMANDOR (Mexico) stated that it might be possible to meet the
representative of Australia's .argument by defining the "excepational
circumstances" mentioned in Saragraph 3 of Article 74 to include the
circumstances which that representative had in mind. "
./Mr. HOLLOWAY E/CONF.2/C.6/w.19
Page 2
Mr. HOLLOWAY (South Africa) supported the amen ament of India and Mexico
but he pointed out that the purpose of that amendment could also be
accomplished by amending Article 90. If Article 90 were amended as the
delegation of South Africa had proposed, he was prepared to accept the present
text of Article 89.
Mr. RUBIN (United States) favoured the maintenance of the text of
Article 89 as drafted by the Preparatory Committee. It would be very
difficult to amend that text as it was considered as standing behind all the
provisions of the Charter. He did not find the text was broad as it must be
remembered that all the Organizatian had to decide was whether or not the
objectives of the Charter were being frustrated.
Mr. FAWCETT (United Kingdom) also preferred to maintain the text as
presented in the draft Charter.
Mr. MONDELLO (Italy) preferred to maintain the text but asked whether
sub-paragraph (c) would cover decisions of the Tariff Committee.
Mr. RUBIN (United States) replied that the decisions of the Tariff
Committee were not directly subject to review under Chapter VIII but that
such decisions might give rise to situations which would fall within
Chapter VIII
Mr. SEIDENFADEN (Denmark) favoured the maintenance of the text prepared
by the Preparatory Committee.
Mr. REAL (Switzerland) was prepared to accept the present text of
Article 89 but thought that it might be improved by accepting the suggestion
of the representative of France.
Mr. BLUSZTEIN (Poland) stated. that he thought consultation under
Article 89 should be limited to obligations assumed undor the-Charter.
Mr. PACHACHI (Iraq) favoured an anumeration of situations as suggested-/
by the representative of Australia. If this were not -acceptable ho would
accept the present text of Article 89 as amended by the suggestion of the
representative of France.
Mr. FACK (Netherlands) favoured the present text of Article 89.
Mr. AMADOR (Mexico) stated that in a spirit of compromise he would.
accept the amendment of the representative of Colombia to sub-paragraph (b).
He would also accept sub-paragraph (c) if .the words "relating to the
obligations of this Charter" were added to it.
It was agreed that a working party composed of the representatives of
Australia, India, Mexico and the United States should be set up to prepare
a redraft of Article 89 in the light of the amendments which had been presented.
The working party was chargod with considering.
(a) the possibility of listing situations as auggseted, by the
representative of Australia,.
/(b) the possibility E/CONF.2/c .6/W.19
Page 3
(b) the possibility of amending Article 90 instead. of Article 89,
(c) the narrowing domn of the language of sub-paragraphs (b) and (c), and
(d) the question whether Article 89 should cover decisions of the
Tariff Committee or situations arising from such decisions.
The working party was elso authorized to examine Article 90 insofar as the
scope of that Article depended on the scope of Article 89. |
GATT Library | rd737xp6034 | Sub-Committee on chapter VIII (Settlement of diference-interpretation). Notes upon the Tenth Meeting. : Held 26 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 26, 1948 | Sixth Committee: Organization | 26/01/1948 | official documents | E/CONF.2/C.6/W.71 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/rd737xp6034 | rd737xp6034_90200192.xml | GATT_148 | 384 | 2,624 | United Nations Nations Unies
RESTRICTED CONFERENCE
CONFERENCE E/CONF.2/C.6/W.71
ON DU 26 January 1948 ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERECE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF
DIFERENCE - INTERPRETATION)
NOTES UPON THE TENTH MEETING
Held 26 January 1948 at 10.30 a.m.
Chairman: Mr. COUILIARD (Canada)
The sub-committee first discussed the report of the working party upon
the relationship between Chapter VIII and other provisions of the Charter
document E/CONF.2/C.6/W.57). It was agreed that it would not be necessary
to make the amendment suggested by the working party but that the following
notification should be brought to the attention of all committee and
sub-committees of the Conference:
The aub-committee considers that where an Article of the
Charter other than those containe in Chapter VIII establishes
procedures for action by a Member or by the Organization, action
in accordance with that procedure should precede that provided. For
in Chapter VIII but shall not, unless it is so specified, impair
the rights of Members under Chapter VIII. However, it is the view
of the sub-committee that if consultation has taken place under
the provisions of another article, such consultation would be
regarded as fulfilling any similar procedural requirements for
consultation in Chapter VIII. This will be made clear in the
appropriate article of Chapter VIII.
Discussion of Article 91
Paragraph 1
The proposal of the delegation of Australia to amend paragraph 1 to
read: "1, The Organization may . . . . . of the Organization" was accepted
unanimously. It was agreed that the rules of procedure of the Conference
would take care of the situations in which it was necessary to seek advisory
opinions urgently from the International Court at a time when the Conference
was not sitting.
/Paragraph 2 E/CONF.2/C.6/W.72
Page 2
Paragragh 2
A general discussion was opened. upon the scope of paragraph 2, the
question at issue being whether recourse to the International Court of Justice
should be limited to advisory opinions on legal questions or whether such
recourse should be so broad as to permit Members appealing to the ordinary
jurisdiction of the Court.
The representatives of the United Kingdom and the United States expressed
satisfaction with the text as it stood, whilst the representative of France
favoured. the course giving the greater freedom to the Members. |
GATT Library | nr440nm9063 | Sub-Committee on chapter VIII (Settlement of diferences- interpretation). Summary record of the Third Meeting. : Held 13 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 13, 1948 | Sixth Committee: Organization | 13/01/1948 | official documents | E/CONF.2/C.6/W.41 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/nr440nm9063 | nr440nm9063_90200151.xml | GATT_148 | 533 | 3,628 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.41
ON DU 13 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFERENCES -
INTERPRETATION)
SUMMARY RECORD OF THE THIRD MEETING
Held 13 January 1948 at 10.30 a.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee first considered the relationship between Article 94
(Generel Exceptions) and Chepter VIII.
Five representatives agreed with the Chairman that action of the type
mentioned in Article 94 could not be challenged by recourse to the procedures
of Chepter VIII. However, any Member which considered that any benefit
accruing to it being nullified or impaired as specified in Article 89 might
invoke the procedures of Chapter VIII in order thet compensatory measures
might be permitted. The representative of the United Kingdom said that his
delegation intended to move an amendment to Article 94 which would make clear
this relationship. Two other representatives expressed some doubts as to the
opinion given by the Chairman.
It was ggreed that the Sub-Committee should pass on to consider
Article 90, leaving the question of relationship between Article 94 and
Chapter VIII for further consideration later, if necessary, after final
texts of Articles 94 and 43 had been prepared. At the request of the
representatives of Iraq the phrase "the matter" in Article 89 wes agreed
to cover the nullification or impairment referred to in the preceding parts
of that article and not to refer only to sub-paragraphs (a), (b) and (c).
The Sub-Committee then considered paragraph 1 of Article 90.
Mr. GOMEZ (Colombia) asked why only sub-paragraph (c) of Article 89
had been mentioned specifically et the commencement of Article 90.
It was explained by other representatives that sub-paragraph (c) of
Article 89 had been specifically mentioned because that sub-paragraph was
intended to cover, inter elie, a situation arising from action taken by a
non-Member where no consultation would be possible and a situation in which
either speed was essential or consultation would be difficult to arrange or
would have no particular advantage.
/Mr. GOMEZ E/CONF.2/C.6/W.41
Page 2
Mr. GOMEZ, (Colombie) and Mr. AMADOR (Mexico) said that in view of the
explanations given they would withdrew their proposed to strike out the
words "or if it falls within Article 89 (c)." The former representative,
however, said that different procedures should be laid down in Article 90
for ceses falling under sub-paragrarph (a) and sub-paragraph (c) of Article 89.
He queried whether the phrase "give a ruling" in Article 90 implied that the
Organization could impose new obligations upon a Member.
Mr. BLUSZTAJN (Poland) agreed with the representative of Colombie that
different procedures should be specified in Article 90 flowing from
sub-paragraphs (a) and (c) of Article 89. He also agreed that the phrase
"give a ruling" should be carefully examined.
Mr. HOLLOWAY (South Africe) end Mr. FAWCETT (United Kingdom) replied
that the phrase "give a ruling" did not, in their opinion, imply that the
Organization could impose new obligations upon Members. The latter
representative also said that he wculd not object to different procedures
being specified in Article 90 as suggested by the representative of Colombia
but he thought thet this would be rather formalastic. |
GATT Library | xt500xm6143 | Sub-Committee on chapter VIII (Settlement of differences). Corrigendum | United Nations Conference on Trade and Employment, March 2, 1948 | Sixth Committee: Organization | 02/03/1948 | official documents | E/CONF.2/C.6/W.120/Corr.1 and E/CONF. 2/C. 6/W. 119-126 C. 6/J/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/xt500xm6143 | xt500xm6143_90200254.xml | GATT_148 | 123 | 999 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
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RESTRICTED
E/CONF.2/C.6/W.120/
Corr.1
2 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTH COMMITTEE:ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT 0F DIFFERENCES)
CORRIGENDUM
The text Of the document issued. under the aymbol E/CONF.2/C.6/W.102/Corr.1
applies to the French text only of document E/CONF.2/C.6/W.120 and should. have
been issued. as a corrigendum to that document. All copies of document
E/CONF..2/C.6/W.102/Corr.1 should, therefore be destroyed.
SIXIEME COMMISSION : ORGANISATION
SOUS-COMMIESSION CHARGEF D'ETUDIER LE CHAPITRE VIII
(REGLEMENT DES DIFFERNDS)
RECTIFICATIF
Le document publié sous la cote E/CONF.2/C.6/W.102/Corr.1 concerne
seulement le texte français du document E/CONF.2/C.6/W.120 et aurait
dû*ttre publié come rectificatif à ce document. Tous les exemplaires
du document E/CONF,.2/C.6/W.102/Corr.1 doivent donc être détruits. |
GATT Library | hk393jj9338 | Sub-Committee on chapter VIII (Settlement of differences- interpretation) | United Nations Conference on Trade and Employment, January 17, 1948 | Sixth Committee: Organization | 17/01/1948 | official documents | E/CONF.2/C.6/W.57 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/hk393jj9338 | hk393jj9338_90200172.xml | GATT_148 | 152 | 1,173 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.57
ON DU 17 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES -
INTERPRETATION)
The working party set up at the fourth meeting of the Sub-Committee
(see document E/CONF.2/C.6/W.43) agreed as follows:
1. To amend the text of paragraph 2 of Article 92 to read:
"2. Recourse to specific procedures provided for elsewhere in
this Charter for consultation and settlement of differences shall
precede recourse to the procedure provided for in this Chapter."
2. To amend the text of Article 89 as follows:
After the word. "which it considers to be concerned" the
phrase ", unless consultation has already taken place in accordance
with other provisions of this Charter." should be inserted.
3. To recommend that the above amendments, once approved by the
Sub-Comnittee, be made known to Chairmen of other Sub-Committees. |
GATT Library | gq144tq3599 | Sub-Committee on chapter VIII (Settlement of differences -interpretation) : Note by the Secretariat | United Nations Conference on Trade and Employment, January 12, 1948 | Sixth Committee: Organization | 12/01/1948 | official documents | E/CONF.2/C.6/W.37 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/gq144tq3599 | gq144tq3599_90200147.xml | GATT_148 | 153 | 1,314 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.37
ON DU 12 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
Note by the Secretariat
It will be recalled that at the second Meeting of the Sub-Committee
the representative of the United Kingdom raised the question of reconciling
the various provisions regarding consultation between Members in other
parts of the Charter with the general provision for consultation contained
in Article 89. The Secretariat was asked to prepared a note indicating
these various provisions. They are as follows:
Paragraph 2 of Article 6
Paragraphs 2(a)(iii) and. (iv) of Article 12
Paragraph 4 of Article 26
Article 28
Article 29
Paragraph 2 of Article 31
Paragraph 2 of Article 40
Article 41
Paragraph II(c) of Article 43
Paragraph 1 of Article 45
Paragraph 2 of Article 50
Paragraph 2 of Article 59. |
GATT Library | qg090mc1267 | Sub-Committee on chapter VIII (Settlement of differences - interpretation). Notes of the Eighteenth Meeting. Held at 10.30 a.m., Tuesday, 17 February 1948 | United Nations Conference on Trade and Employment, February 17, 1948 | Sixth Committee: Organization | 17/02/1948 | official documents | E/CONF.2/C.6/W.10 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/qg090mc1267 | qg090mc1267_90200230.xml | GATT_148 | 1,361 | 8,744 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.10
ON DU 17 February
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES OF THE EIGHTEENTH MEETING
Held at 10.30 a.m., Tuesday, 17 February 1948
Changes in the Notes of the Seventeenth Meeting (E/CONF.2/C.6/W.102)
The second sentence referring to paragraph 2 of Article 89 should be
amended to read:
Also on the suggestion of the representative of Iraq, the Sub-Committee
agreed to include in the report a note to the effect that the 'matter'
to be dealt with through the procedures of Chapter VIII is the claim or
nullification or impairment of a benefit and not the action, inaction,
measure or situation referred to in sub-paragraphb (a), (b) cr (c) ."
In the notes of the discussion on paragraph 3 of Article 90 the first
sentence should be changed to read:
"At the suggestion of the representative of Iraq the Sub-Committee
agreed to add after 'the release of a Member or Members' the word
'affected' in this paragraph and in the first sentence of paragraph 3
of Article 90-A,"
Under the heading Article 92-A, paragraph 3 the following should be
added:
"The Sub-Committee agreed, on the suggestion of the representative of
Iraq, to include a note in its report to the effect that paragraph 3
does not allow the proposal by the Conference of a suspension or
withdrawal of meaure not in conflict with the Charter."
Discussion of the Text of Articles Annexed to the Notes or the Sub-Committee
Article 89, Paragraph 3
There was some discussion on the desirability or changing the word
"Charter" in this paragraph to "Chapter" and on the desirability of including
a provision in this article which would require the Organization to be
_ ' on consultation or arbitration conducted under other chapters (as,
for instance. under Article 41), It was noted that under the new text
/proposed for E/CONF.2/C.6/W.103
Page 2
proposed for paragraph 2 of Article 92 the Organization would be expected to
recognize consultation or investigation undertaken pursuant to other chapters
as a substitute for similar procedures under the present Chapter. Accordingly,
it seemed appropriate to include in the present Chapter a requirement that the
Organization be informed of such other consultation or investigation in order
that account might be taken of them if no settlement were reached under the
.other chapters and the matter had to be raised under Chapter VII. It was
suggested that a note might be included in the Sub-Committee's report that
this provision in Article 89 should not be interpreted as requiring the
Organization to be informed if the consultation or arbitration under the
other chapters resulted in a final settlement satisfactory to the parties
concerned..
Article 9 Paragraph 2 (V)
The Sub-Committee agreed to change this sub-paragraph to read:
"(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."
Article 90-A, Paragraph 1
The word. "reserve" in the-last sentence of this paragraph was corrected
to read "reverse".
Article 90-A, Paragraph 3, last sentence
The Sub-Committee amended the text of this sentence, which had previously
appeared in square brackets, to read:
"If the Conferences considered that any nullification or impairment
found to exist under Article 89 1 (b) or (c) is sufficiently serious
to justify such action, it may authorize a release.of a Member or .
Members to the ex'ant and upon such conditions as will achieve the .
obJects set out inI Article 9O (2) (v)."
The Sub-Committee did not consider it advisable to add the word "affected"
after "a release of aMember or Members" in this instance since it was
conceiable that under this paragraph situations might have to be dealt vith
requiring the authorization of a release in respect of Members generally or at
least in respect of some Members which might not be regarded as "affected".
Article 90-A. Paragraph 4
The Sub-Committee approved the following text of this paragraphs.
"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 Mamber shall then be free not later then 60 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 E/CONF.2/C.6/W.103
Page 3
expiration of 60 days from the day on which such notice is received
by the Director-General."
The words in square brackets in the text of this paragraph were inserted
provisionally pending further consideration after Articles 91 and 92 have been
dealt with when it might be possible to replace them in part by a reference
to the appropriate provisions of those articles.
Discussion of the Text of Articles 91 and 22 (E/CONF.2/C.6/W.99)
The Sub-Committee provisionally accepted the text of Article 91 annexed
to the present notes.
In paragraph 3 of Article 91 the Sub-Committee inserted language from
paragraph 2 of Article 65 of the Statute of the International Court of
Justice to describe the material to accompany any statement or request for
an advisory opinion.
Discussion of a new paragraph 6 proposed by the delegation of France
concerning the exercise of rights under Article 36 of the Statute of the
International Court was deferred pending further consideration of the texts
of Articles 91 and 92 and of the resolution proposed in E/CONF.2/C.6/W.99.
Concerning paragraph 2 of Article 92, the representative of the
United Kingdom indicated the intention of his delegation to propose an
addition to the first sentence which would indicate that the other procedures
which are not excluded by the Chapter are the "other procedures specifically
provided for in certain parts of the Charter for consultation and settlement
of differences arising out of those parts of the Charter."
Concerning paragraph 3, the representative of Colombia doubted that it
would be possible to consider this paragraph until the proposals by the
delegation of France concerning Article 36 of the Statute of the International
Court had been dealt with.
/ANNEX TO NOTES OF E./CONF. 2./C 6/W.103
Page ff
ANNEX TO NOTES OF EIGHTEENTH MEETING OF THE THE
SUB-COMMITTEE ON CHAPTER VIII
The following is the text of Article 91 resulting from that meeting:
Article 91
Reference to the International Court of Justice
1. The 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 Organizstion.
2. Any resolution or decision of the Conference under this Charter shall,
upon the instance of any Member whose interests 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 accompanied 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 delivery oi 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 decision pending the delivery of the opinion where in the
view of th.e 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
International Court of Justice on any question referred by it to the Court.
The resolution or decision in question shall be modified insofar as it does
not accord vith the opinion of the International Court of Justice.
[The delegtion of France proposed a new paragraph 6 on which discussion by
the Sub-Committee was deferred.] |
GATT Library | wh711mx0480 | Sub-Committee on chapter VIII (Settlement of differences- interpretation). Notes upon the Eleventh Meeting. : Held 28 January 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, January 29, 1948 | Sixth Committee: Organization | 29/01/1948 | official documents | E/CONF.2/C.6/W.78 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/wh711mx0480 | wh711mx0480_90200200.xml | GATT_148 | 271 | 1,887 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.78
ON DU 29 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES -
INTERPRETATION)
NOTES UPON THE ELEVENTH MEETING
Held 28 January 1948 at 6.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee discussed document E/CONF.2/C.6/W.73 beings amendments
to Article 91 proposed by the delegation of France and a draft resolution
which that delegation suggested be adopted by the Conference asking the
International Court of Justice to consider whether its Statute could be
amended so that international organizations might be parties to cases before
the Court.
The representative of South Africa raised, the point of order that
unless the Sub-Committee was certain the Court would give a favourable answer
to the resolution suggested within a reasonable time, there vas no point in
discussing the amendments to Article 91 suggested by the delegation of France.
Verious argaments were advanced in support of this point of order, the
principal ones being that from the history of the Statute of the Court it
seemed very unlikely that any amendment to the Statuts in the manner
suggested would be made and that even if such an amendment were to be made,
a long and involved procedure would have to be followed.
After discussion of the point of order the representative of France
suggested That the Sub-Committee should move on to decide upon the question
of principle, namely whether recourse should, be permitted to the Court to
obtain an advisory opinion or a judgment. It was agreed that this procedure
should be adopted at the next meeting. |
GATT Library | wt622jc8659 | Sub-Committee on chapter VIII (Settlement of differences- interpretation). Summary record of the Fourth Meeting. : Held 14 January 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, January 15, 1948 | Sixth Committee: Organization | 15/01/1948 | official documents | E/CONF.2/C.6/W.43 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/wt622jc8659 | wt622jc8659_90200154.xml | GATT_148 | 480 | 3,256 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.43 15 January 1948
ON DU
ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES -
INTERPRETATION)
SUMMARY RECORD OF THE FOURTH MEETING
Held 14 January 1948, at 6.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee considered the question of relationship between
Chapter VIII and other articles in the Charter which laid down a specific
procedure for the settlement of differences arising out of their operation,
in particular Article 50.
It was agreed that the attention of all chairmen should be drawn to
the fact that the Sub-Committee considered that Chapter VIII laid down a
procedure for settlement of differences which the Sub-Committee concerned
with other articles in the Charter cold accept in toto or modify as they
thought fit as regards its application to their particular articles. Unless
in these articles there was specific language excepting them from the
procedures of Chapter VIII, Chapter VIII would apply as regards them.
Mr. FAWCETT (United Kingdom) proposed the following addition to
Article 89 to cover the relation between this article and other provisions
for consultation in the Charter:
"Consultation between Members et the request of one of them under
any Article which makes no provision for the failure of such consultation
shall be regarded as satisfying the requirements of this Article for
the purpose of reference to the Organization under Article 90."
The Sub-Committee generally agreed upon the principle of this draft and
established a working party consisting of the representatives of France,
Mexico, the United Kingdom and the United States with the following terms
of reference:
(a) to produce an appropriate text along the lines of that proposed
by the representative of the United Kingdom;
(b) to prepare a draft of the notification to all chairmen referred
to above; and
(c) to consider the significance, if any, of the use in various
provisions E/CONF.2/C.6/W,43
Page 2
provisions of the Charter of the term "discuss" instead of "consult".
The Sub-Committee then resumed its consideration of paragraph 1 of
Article 90.
It was agreed that the phrase "give a ruling" did not imply that the
Conference or the Executive Board way under this paragraph impose new
obligations upon a Member and that this interpretation should be inserted
in the report of the Sub-Committee.
The Sub-Committee discussed the suggestion made by the representative of
Colombia at the lest meeting that different procedures should be specified
in Article 90 for cases arising under sub-paragraph (a) and sub-paragraph (c)
of Article 89.
Mr. RUBIN (United States) said that he thought the language of
Article 90 allowed the Conference enough discretion to differentiate, as was--
the intention of the representative of Colombia, if it wished to do so. That
language permitted the Conference to take fully into account the circumstances
in which a matter was raisedl under Chapter VIII. |
GATT Library | gm775kr8365 | Sub-Committee on chapter VIII (Settlement of differences -interpretation) : Working Paper Prepared by the Secretariat | United Nations Conference on Trade and Employment, January 3, 1948 | Sixth Committee: Organization | 03/01/1948 | official documents | E/CONF.2/C.6/W.15 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/gm775kr8365 | gm775kr8365_90200121.xml | GATT_148 | 1,400 | 9,275 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/w.15
ON DU 3 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
Working Paper Prepared by the Secretariat
1. Set out hereunder are the amendments presented to Chapter VIII
(Settlement of Differences - Interpretation). The footnotes contain
references to explanations given by delegations in support of their amendments.
2. It would. appear that the sub-committee might mike the fastest progress
if it did not attempt to embark upon a general discussion of Chapter VIII at
the commencement of its work but began with an immediate examination of the
first article of the Chapter, Article 89 (Consultation between Members).
Points which might have been brought up in general debate will, it seems,
inevitably come up in the course of discussion of particular articles.
CHAPTER VIII - SETTLEMENT OF DIFFERENCES - INTERPRETATION
Article 89
Consultation between Members
Amendment Proposed by the Delegations of India and Mexico
If any member should consider that any benefit accruing to it directly,
or indirectly under this Charter 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, [or
[(b) the application by another Member of any measure, whether or not
it conflicts with the provisions of this Charter; or
[(c) the existence of any other situation]
the Member may,.......... discussions undertaken.
Amendment Proposed by the Delegation of Colombia
If any Member should consider that any benefit accruing to it directly
or indirectly under this Charter is being mullified 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 E/CONF.2/C.6/w.15
Page 2
(a) the failure of another Member to carry out its obligations under
this Charter, or
(b) the application by another Member of any moasure [, whether or
not it conflicts] conflicting with the provisions of this Charter,
[or
[(c) the existence of any other situation,]
the Member may, .......... discussions undertaken.
Amendments Proposed by the Delegation of Uruguay
If any Member should consider that any benefit accruing to it directly
or indirectly under this Charter 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, or
(b) the application by another Member of any measure, whether [or not]
if conflicts with tho provisions of this Charter, [or
[(c) the existence of any other situation,]
the Member may, .......... discussions undertaken.
Article 90
Reference to the Organization
Paragraph 1
Amendment Proposed by the Delegations of Colombia and Uruguay
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 Conferen
The Executive Board..........consultation necessary.
Amendments Proposed by the Delegation of Mexico
1. If the matter is not satisfactorily adjusted between the Members 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
investigations consult with Members, with the Committees or the Commissions
of the Organization, the Economic and Social Council of the United. Nations
and any inter-governmental organization, in cases where it considers such
consultation necessary.
/Amendments Proposed by E/CONF .2/C.6/W.15
Page 3
Amendments Propossd by the Delegation of South Africa
1. If the matter is not satisfactorily adjusted within a reasonable time
[or if it falls within Article 89 (c)], it may, if the representations or
proposals refer
(a) to any obligation which a Member has assumed pursuant to
Article 12; or
(b) to exceptions which the Organization has granted pursuant to the
provisions of Articlee 13, 14 or 15; or
(c) to any obligations which a Member has assumed under Chapter IV or
Chapter V or to any obligations which a Member has assumed through
negotiations with any other Member or Members pursuant to Chapter IV,
be referred to the Executive Board or, with the approval of the Executive
Board, directly to the Conference. The Executive Board......... consultation
necessary.
Paragraph 2
Amendment Proposed by the Delegation of Italy
2. The Executive Board [may refer the matter, with the consent of the
Members concerned], at the request of any interested Member, shall submit
the matter to arbitration [upon such terms as may be agreed between the
Board and such Members].
Amendment Proposed by the Delegation of the United Kingdom
2. The Executive Board may refer the matter, with the consent of the
Members concerned, to arbitration upon such terms as may be agreed between
the Board and such Members provided that (a) the Members concerned are not
more than three in number, and (b) the natter is not one which must under
the provisions of the Charter be referred to the Organization for decision.
Paragraph 3
Amendment Proposed by the Delegation of China
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
shall by resolution confirm or modify or reverse such ruling. Any decision
or determination of the Interim Tariff Committee may likewise be reviewed
by the Conference.
Paragraph 4
Amendment Proposed by the Delegation of Mexico
4. If the Conference considers that the circumstances are serious enough
to Justify such action, it may authorize l7 the Member or Members affected
to suspend the application to [any other] the Member or Members causing the
injury of such obligations or concessions under or pursuant to this Charter
as the Conference determines to be appropriate. If the application ..........
the Director-General.
/Article 91 E/CONF.2/C.6/w.15
Page 4
Article 91
Reference to the International Court of Justice
Paragraph 1
Amendment Proposed by the Delegation of Australia*
1. The[Conference or the Executive Board] Organization may,.................of
the Organization.
Paragraph 2
Amendment Proposed by the Delegation of Australia**
2. Any resolution of the Conference under pararaph 3 of Article 90 or
decision of the Conference under any other Article of this Charter shall
[be subject to review by] if any substantially interested Member so
requests, be referred to the International Court of Justice[through the
means of a request by the Organization] for a advisory opinion pursuant..
to the statute of the International Court of Justice as to whether the
Conference was legally competent to adopt the resolution or decision. [The
request for review of such resolution or decisions shall be made by the
Organization, in appropriate form, upon the instance of any substantially
interested Member.]
Amendment Proposed by the Delegation of Italy
2. Any resolution..........interested Member. Any concerned Member may
present to the International Court of Justice through the Organization or
directly any documentation which it considers desirable.
Amendment Proposed by the Delegation of Sweden***
2. Any resolution or decision of the Conference under [paragraph 3 of
Article 90 or decision of the Conference under any other Article of] this
Charter shall, upon the insistance of any substantially interested Member,
be subject to review by the International Court of Justice through the means
of a request by the Organization 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.]
Amendnent Proposed by the Delegation of Uruguay
2. Any resolution .......... upon the instance of any [substantially]
interested Member.
* See document E/CONF.2/C.6/12, page 19, .paragraph 2:
** See document E/CONF.2 /C.6/12, page 20, paragraph 2
*** See document E/CONF.2/C.6/l2, page 20, paragraph 4.
/Paragraph 3 E/CONF.2/C.6/W.15
Page 5
Paragraph 3
No amendment proposed.
Paragraph 4
No amendment proposed.
Paragraph 5
No amendment proposed.
Article 92
Miscellaneous Provisions
No amendment proposed. |
GATT Library | wh074rk7214 | Sub-Committee on chapter VIII (Settlement of differences-interpreation). >France: Propposed amendment | United Nations Conference on Trade and Employment, January 27, 1948 | Sixth Committee: Organization | 27/01/1948 | official documents | E/CONF.2/C.6/W.73 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/wh074rk7214 | wh074rk7214_90200194.xml | GATT_148 | 484 | 3,270 | United Nations Nations Unies RESTRICTED
CONFERNCE E/CONF.2/C .6/W. 73
CONFERENCE 27 January 1948 ENGLISH
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII
(SETTLEMENT OF DIFFERENCES - INTERPREATION)
FRANCE: PROPPOSED AMENDMENT
Article 91 - Reference to the International Court of Justice
2. Any resolution of the Conference under paragraph 3 of Article 90 or
decision of the Conference under any other Article of this Charter may be
referred to the International Court of Justice by any interested Member, in
accordance with a procedure to be determined by agreement between the
Organization and the International Court of Justice. The only grounds for
such reference shall be legal considerations regarding competence, action
ultra vires, or the interpretation of this Charter.
3. Replace by the following:
"The procedure before the International Court of Justice shall be
the summary procedure defined in Article 29 of the Statute of the Court."
4. Replace the word "opinion" by the word "Judgent".
5. The resolution or decision of the Organization referred, to the
International Court of Justice shall be modified insofar as it does not accord
with the Judgment of the International Court of Justice.
The principle that the decisions of the Conference are subject to
review, contained in paragraph 2, when taken in conjunction with the binding
character of the decision of the International Court of Justice laid down
ln paragraph 5, is incompatible with the idea of an advisory opinion. The
Court's decision, which is to be limited to legal considerations regarding
competence, action ultra vires or the interpretation of the Charter, must
be in the nature of a judgment.
Moreover, it is normal practice that the Member seeking review of a
decision of the Conference should appear before the International Court of
Justice as a litigant and should have an opportunity to put its case, while
the Organization must be able to defend its decision in the same way.
The only difficulty is that, under the present Statute of the
International Court of Justice, public international organizations may not be
parties in cases before the Court. The present amendment must therefore be
Supplemented by the adoption of a resolution in favour of a suitable
modification of the Statute of the International Court of Justice.
/RESOLUTION E/CONF.2/C.6/W.73
Page 2
RESOLUTION
Considering that, under the present text, an international organization
may not be a party in a case before the International Court of Justice,
Considering that a useful purpose would be served if decisions taken
by an international body could be brought before the International Court
of Justice by any Member of the Organizatiion in accordance with a simple and
speedy procedure, so that the Court could rule on the legality of the
contested decision,
The Conference
expresses its wish that the International Court of Justice should
consider whether its Statute could be amanded so so as to permit such procedure, |
GATT Library | rg525sv9796 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Correction to summary record of the Third Meeting | United Nations Conference on Trade and Employment, January 15, 1948 | Sixth Committee: Organization | 15/01/1948 | official documents | E/CONF.2/C.6/W.41/Corr.1 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/rg525sv9796 | rg525sv9796_90200152.xml | GATT_148 | 214 | 1,397 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.6/W.41/
Corr.1
15 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SIXTE COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII ( SETTLEMENT OF DIFFERENCES - INTERPRETATION)
CORRECTION TO SUMMARY RECORD OF THE THIRD MEETING
Delete the word. "only" in the seventh line of the third paragraph on
page 1. The conclusion of the paragraph will then read:
"At the request of the representative of Iraq the phrase "the matter"
in Article 89 was agreed to cover the nullification or impairment
referred to in the preceding parts of that article and not to refer to
sub-paragraph (a), (b) and (c)."
SIXTEME COMMISSION : ORGANISATION
SOUS-COMMISSION CHARGEE DE L'EXAMEN DU CHAPTRE VIII (REGLEMENT DES DIFFERENDS-
INTERPRETATON)
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA TROISIEME SEANCE
Supprimer les mota "seulement" et "également" aux sixième et septièms
lignes au troisème paragraphe. La fin du paragraphe se présentera done
come suit:
"A la demande du repésentant de l'Irak, il e t convert qu'a l'article 89
les mots "la question" se rapportent non aux dispositions des alinéas
(a), (b) et (c), mais au fait que les avantages revenant a un Etat member
sont annulés ou compromis, comme il est indiqué dans la première partie
de cet article." |
GATT Library | vk823yx5179 | Sub-Committee on chapter VIII (Settlement of differences-interpretation. Corrigendum to notes on Twenty-First Meeting | United Nations Conference on Trade and Employment, February 24, 1948 | Sixth Committee: Organization | 24/02/1948 | official documents | E/CONF.2/C.6/W.115/Corr.1 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/vk823yx5179 | vk823yx5179_90200247.xml | GATT_148 | 67 | 507 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.6/
W. 115/Corr. 1
24 February 1948
ENGLISH ONLY
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION
CORRIGENDUM TO NOTES ON TWENTY-FIRST MEETING
In the third. lait line on page 1 of document E/CONF.2/C.6/W.115 the
phrase "no nullification or impairment" should read "any nullification or
impairment" . |
GATT Library | px395np6155 | Sub-Committee on chapter VIII (Settlement of differences-interpretation) : France: Proposed amendment. Addendum | United Nations Conference on Trade and Employment, January 31, 1948 | Sixth Committee: Organization | 31/01/1948 | official documents | E/CONF.2/C.6/W.73/Add.1 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/px395np6155 | px395np6155_90200195.xml | GATT_148 | 278 | 2,065 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.73/ Add.1
ON DU 31 January 1948
ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: FRENCH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII
(SETTLEMENT OF DIFFERENCES - INTERPRETATION)
FRANCE: PROPOSED AMENDMENT
ADDENDUM
In view of the discussions which have taken place in the Sub-Committee
on Chapter VIII, the French delegation submits the following text to replace
the RESOLUTION appearing on page 2 of document E/CONF.2/C.6/W.73;
Considering the great importance which has been attached by the
Conference to the question of the relations between the International
Trade Organization and the International Court of Justice, and the need
to secure the establishment of a simple and speedy procedure for the
settlement of differences arising from the application of the Charter,
Considering that the present texte seem to preclude the
establishment of any such procedure, and that, in particular, a
Member cannot lodge with the International Court of Justice an appeal
against a decision of the International Trade Organization, while the
latter is unable in the present circumstances to be a party in a case
before the International Court of Justice;
The Conference resolves:
That the International Trade Organization shall enter into
consultation with the International Court of Justice with a view to
establishing, by such juridical means as may be appropriate, a procedure
meeting the requirements defined above and making it possible to lay
before the Court requests for the review, from the juridical standpoint,
of decisions taken by the International Trade Organization;
That the International Trade Organization shall, if necessary,
amend the provisions of Article 91 of the Charter, so as to bring them
into line with the procedure so established. |
GATT Library | yk062xc3083 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Notes on Fourteenth Meeting. : Held 4 February 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, February 4, 1948 | Sixth Committee: Organization | 04/02/1948 | official documents | E/CONF.2/C.6/W.86 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/yk062xc3083 | yk062xc3083_90200209.xml | GATT_148 | 416 | 2,786 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/W. 86
ON DU 4 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES ON FOURTEENTH MEETING
Held 4 February 1948, at 10.30 a.m.
Chairman: Mr. COUILIARD (Canada)
The Sub-Committee first discussed the proposal of the delegation of
Uruguary to delete the word "substantially" from paragraph 2 of Article 91.
Several representatives favoured this proposal whilst others argued that
it was a necessary safeguard for the authority of the Organization and to
ensure that the International Court was not asked for advisory opinions on
frivolous grounds. It was suggested that the phrase in question might be
amended to read. "upon the instance of any affected Member' or "upon the
instance of any Member whose Interests are prejudiced." Finally the matter
was referred to the working party which was directed to prepare an
appropriate redraft.
In reply to a question by the representative of Poland, It was agreed
that the phrase "upon the instance of any substantially interested. Member'
was not limited to Members which were direct parties to the difference in
question but also covered the case of other Members, which latter Members
could, request a review by the International Court vithout starting afresh
all the procedures set forth in Chapter VIII.
Regarding the proposal of the delegation of Italy (page 4 or document
E/CONF.2/C.6/W.15) it was agreed that this was merely a matter of redrafting
which could be done by the working party.
It was decided. that at the next meeting paragraph 4 of Article 91 and.
paragraph 3 of Article 92 should be examined, the representatives of Mexico
and Poland having indicated that they had soma doubts regarding these
paragraphs. The representative of Poland gave advance notice that he wished
to have some clarification of paragraph 4 of Artiole 91 to show why a
resolution or decision of the Conference should take effect immediately
despite the fact that an advisory opinion had been requested from the
International Court. The representative of Mexico explained that his doubts
/regarding CONF. 2/W.86
regarding paragraph 3 of Article 92 arose from difficulties regarding
reconciliation of this paragraph with the obligations or Members which had
accepted compulsory juridiction of the International Court. After
examining paragraph 4 of Article 91 and paragraph 3 of Article 92 it was
agreed that the next meeting would consider the report of the working party
on Article go (document E/CONF.2/C. 6/W. 80 ). |
GATT Library | ms793xs5530 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Notes on Seventh Meeting. : Held 21 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 21, 1948 | Sixth Committee: Organization | 21/01/1948 | official documents | E/CONF.2/C.6/W.62 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/ms793xs5530 | ms793xs5530_90200180.xml | GATT_148 | 652 | 4,193 | RESTRICTED
E/CONF.2/C.6/W.62
United Nations Nations Unies 21 January 1948
CONFERENCE CONFERENCE ORIGINAL: ENGLISH
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES ON SEVENTH MEETING
Held 21 January 1948 at 10.30 a.m.
Chairman: Mr . COUILLARD (Canada)
The Sub-Committee continued its discussion of the questions put by the
Chairman at the last meeting (see document E/CONF.2/C.6/W.59)
The Sub-Committee first gave further consideration to the statement made
by the representative of the United States in reply to question No. 1. It was
agreed that the words "desire to resort" in that statement meant that
recourse could. only be had to arbitration when both the parties to the dispute
in question were fully in agreement upon adopting that procedure to settle
their differences, that is, they must agree on all such matters as who the
arbitrator should be.
Discussion of Point 2
Mr. HAIDER (Iraq) said that resort to arbitration should be controlled' -
in accordance with the three following principles:
(a) the result of arbitration should not enable a Member to violate
the Charter nor release it from obligations under the Charter;
(b) the result of arbitration should not nullify the benefit of
other Membere under the Charter; and
(c) most-favoured-nation treatment should apply tothe results of , .
arbitration', ''
Upon other representatives expressing the viewpoint that it was not
necessary to specify in the Chartor the principles memtioned by the
representative of Iraq which the arbitrators decision must take into account,
since the Organizetion would be kept informed of the progress of the
arbitration and. would be able to protect these principles; the
representative of Iraq said that he would not insist upon hie point.
The Sub-Committee agreed that the Organization should be kept au courant
with the progress or any resort to arbitration which Members made to settie
a difference between them arising from the Charter.
/It was agreed E/CONF.2/C.6/W.62
Page 2
It was agreed that it would. be possible under the arbitration procedure
laid down in Article 90 for Members to request the International Court of
Justice to act as an arbitrator. However, it seemed unlikely that the Court
would gant such a request.
Mr. RUBIN (United States) suggested that the position should be
clarified by inserting some provision in Article 91 to the effect that the
procedures for reference to the International Court laid down in that
article were the only procedures by which Members might resort to the Court.
Discussion of Point 3
It was agreed that there should be no limits upon the types of cases
which might be submitted. to arbitration.
Discussion of Point 4
It was agreed that lt was not necessary to specify terms upon which resort
to arbitration might be permitted, such as the Interest of a certain number
of Members in the dispute, as had been suggested in the amendment proposed
by the United Kingdom delegation.
Discussion of Point 5
It was agreed that whether or not a decision of an arbitrator would
be binding on the parties depended upon the agreement between the parties
at the time that they decided to submit themselves to arbitration. However,
should a decision of an arbitrator result in the nullification or impairment
of the benefits of a third Member under the Charter, that third. Member
would be able to resort to the procedures laid down in Chapter VIII. It was
also agreed that a decision of an arbitrator would never be binding upon
the 0rganization, Whether or not an appeal should be allowed from. a decision
of an arbitrator would depend upon the agreement of the parties. A decision
of an arbitrator would not create a precedent of binding force.
The discussion upon the question of arbitration being concluded, the
matter was referred to the working party upon Article 90 which the
Sub-Comittee had decided to establish at a previous meeting. |
GATT Library | zq146mf9216 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Notes on the Fourteenth Meeting. : Held 6 February 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, February 7, 1948 | Sixth Committee: Organization | 07/02/1948 | official documents | E/CONF.2/C.6/W.92 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/zq146mf9216 | zq146mf9216_90200215.xml | GATT_148 | 675 | 4,478 | United Nations Nations Unies RESTRICTED E/CONF.2/C.6/W.92
CONFERENCE CONFERENCE 7 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES ON THE FOURTEENTH MEETING
Held 6 February 1948 at 6.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The representative or Poland pointed out that paragraph 4 of Article 91
to his mind contravene ordinary judicial principles by not proving that a
resolution or decision of the Conference causing resort to the International
Court of Justice was suspended ponding the delivery of the opinion of the Court.
Upon soveral representatives expressing favour of the text as it was drafted
in Genova, the Sub-Committee aggreed, in reply to a further question by the
representative of Poland, that there might be cases for compensation arising
under paragrpah 4 of Article 91 and these cases vould be covered by
sub-paragraph (c) of Article 89.
The Sub-Committee then examined the query of the representative of
Mexico whether paragraph 3 of Article 92 was not inconsistent with the
obligations of Members which had accepted the compulsory jurisdiction of the
International Court.
_. The representative of the United States did not sec that there was any
inconsistency. Such Members, although by dopositing the declarations
referred to in paragraph 2 of Article 36 of the Statute of the Court had
agreed that in the case of disputes of certain types arising between them and
other states which had also accepted the compulsory jurisdiction no agreement
between the parties was necessary before the matter was referred to the
Court, had the right to limit their own initiative, to refear questions to the
Court.
It was agreed that that Working Party on Articlo 91 and 92 should take
this-qusetion into consideration. The Working Party would have the benefit
of an opinion from the Legal Dapartment of the United Nations.
The representative of France proposed that the word "sanctions" in
paragraph 3 of Article 92 should be changed to measures". This was accepted.
/The representative E/CONF.2/C .6/W.92
Pape 2
The representative of France also raised the point whether the drafting of
the conclusion of paragraph 3 did not mean that a Member might resort to
unilatoral sanctions ater it had gene through the procedures of Chapte VIII.
He also quariod the meaning of the word "final" inasmuch as this word left
a doubt whether or not recourse to the International Court was a part of the
decision of tho Organization. It was agreed that the Working Party should
take into account the last two points raiscd by the representative of France
'which might be met by dividing paragraph 3 into two sentences.
Tho Working Party on Articles 91 end 92, consisting of the
representatives of Australia, Colombia, France, Mexico, Notherlands and the
United States, was then set up with the following terms of reference: to
considor the Goneva text of Articles 91 and 92 except paragraph 1) and the
amendments submitted by the delegations of Australia, Italy, Sweden and
Uruguay, and in the light of the concensus of opinions exproassed in the
Sub-Committee, to produce a redraft of these articles; to take into account
the possibility and desirability of meeting the view expressed by the
delegations of France and the United States as contained in tho written
proposals submitted by these delegations (documents E/CONF.2/C.6/W.73/Add.1
and E/CONF.2/C.6/N.81 respoctively); and to draft an additional provision
to sub-paragraph 2 of Article 92 to impplement the decision of Committee VI
regarding the second last sentence of document E/C0NF.2/C.6/63 dealing with
the avoidance of duplication of consultation or investigation.
The Sub-Committee then commenced an examination of the report of the
Working Party upon Article 90 (document E/CONF.2/C.6/W.80) togother with
amendments to the report presented by the representative of the United States
(document B/CONF.2/C.6/W.91).
After some discussion of paragraph 1 of Article 89 and of the proposal
of the representative of the United States to insert the words arising
externally" at the end of sub-paragraph 1 (c), paragraph 1 was accepted as
in tho report of the Working Party. |
GATT Library | yb676xs0454 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Notes on the Ninth Meeting. : Held, 22 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 22, 1948 | Sixth Committee: Organization | 22/01/1948 | official documents | E/CONF.2/C.6/W.66 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/yb676xs0454 | yb676xs0454_90200185.xml | GATT_148 | 329 | 2,280 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFRENCE E/CONF.2/C .6/w.66
ON DU 22 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION
NOTES ON THE NINTH MEETING
Held, 22 January 1948 at 10.30 a.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee continued its discussion of paragraph 4 of Article 90
and in particular whether that paragaph should authorize the Organization
to impose santions in cases arising under sub-paragraaph (a) of Article 89
and sub-paragraph (b) so far as it concerned the application by a Member of
measures conflicting with the Charter.
After statements by several representatives the Chairman asked the
Sub-Comittee whether it might not agree to retain the present text of
paragraph 4 of Article 90 with the incorporation in it of the principle
carted in the new paragraph 5 suggested by the deleetion of Colembia
(see document E/CONF.2/C.6/W.53). This suggestion not being generally
acceptable it was agreed to set up a working party composed of the
representatives of Colombia, France South Africa, the United Kingdom and
the United States to prepare new text of Article 90 in the light of the
discussios which had taken place. The working party was instructed to
consider the chaannlizing of case flowing from Article 89 into Article 90.
and from Article 90 into Article 91, to make appropriate provisions for
arbitration and to consider the breaking down of paragraph 4 to cover both
compenation and sanctions if the working party agreed that cwnctions should
be included in that paragraph In discussing the question of sanctions the
working party was instructed to take into account the majority by which the
Confereance could decids to impese sanctions.
At the next meeting it was agreed to take up the repot of the working
party established to provide an appropriate link between the provisions
regarding cosultation in Article 89 and in other parts of the Charter
(ses document E/CONF.2/C.6/,57) and subsequently Artrticle 91. |
GATT Library | dh197cy2072 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Notes on Thirteenth Meeting : Held 2 February 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, February 2, 1948 | Sixth Committee: Organization | 02/02/1948 | official documents | E/CONF.2/C.6/W.84 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/dh197cy2072 | dh197cy2072_90200206.xml | GATT_148 | 218 | 1,605 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.84
ON DU 2 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES ON THIRTEENTH MEETING:
Held 2 February 1948 at 3.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee agreed. that the note regarding the connection between
Chapter VIII and other parts of the Charter (document E/CONF.2/C.6/49/Rev.1)
which had already been circulated. should be considered by the Sixth Committee
at its next meeting.
Continuing its consideration of Article 91, in the light of remarked
expressed. by the majority of representatives the representative of Australia
withdrew the amendment of his delegation to paragraph 2,
The Sub-Committee agreed on the following redraft of paragraph 2:
"2. Any resolution or decision of the Conference under this Charter
shall, upon the instance of any [substantially] interested Member,
be subject to review by the International Court of Justice through
the means or a request, in appropriate form, for an advisory opinion
pursuant to the Statute of the Court."
It was agreed that at the next meeting the proposal of the delegation
of Uruguay to delete the word substantiallyy" in the above draft and the
proposal of the delegation of Italy regarding the supplying of documentation
to the Court should be discussed. |
GATT Library | rt359vf6458 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Notes upon the Eigghth Meeting. : Held 21 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 21, 1948 | Sixth Committee: Organization | 21/01/1948 | official documents | E/CONF.2/C.6/W.64 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/rt359vf6458 | rt359vf6458_90200182.xml | GATT_148 | 331 | 2,316 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C. 6/W.64
ON DU 21 January 1948
TRDE AND EMPLOYMET COMMERCE ET DE L'EMLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
NOTES UPON THE EIGGHTH MEETING
Held 21 January 1948 at 3.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee discussed. paragraph 4 of Article 90 and the amendment
presented there to by the delegations of Mexico (see page 3 of document
E/CONF.2/C.6/W.15) and Colombia (see document E/CONF.2/C.6/W.53) . This
amendment gave rise to a Dicussion whether paragraph 4 of Article 90
should cover both sanctions and compensation. Several representatives
expressed. the point of view that this is the intention of the present draft.
The representatives of Poland and. Mexico agreed. that in cases arising
under sub-paragraph (a) of Article 89 and sub-paragraph (b) insofar as it.
related. to the application of any measure conflicting with the Charter,
the Organization should, be authorized under paragraph 4 of Article 90 to
impose sanctions. ln other cases arisirig under Article 89 there should be
no power to impose sanctions. The representative of South Africa said that
the Organization should be empowered. to impose sanctions when a complaint
under Chapter VIII involved the failure of a Member to carry out its
obligations uncler the Charter.
After further statements by the re-presentatives..of the United Kingdom,
France and Australia, the Chairman summed up the discussion as follows:
1. It seemed that the Organization might award compensation under
paragraph 4 of Article 90 in all the types of cases covered by Article 89.
2. The Sub-Committee had not yet shown definitely whether it vas of
the opinion that paragraph 4 of Article 90 should go further and
authorize the Organization to impose sanctions in cases ariasing
under sub-paragraph (a) of Article 89 and sub-paragraph (b) insofar
as it concerned, the application by a Member of measures conflicting
with the Charter. A decision could. probably be taken upon this
point at the next meeting. |
GATT Library | jk488gf5150 | Sub-Committee on chapter VIII (Settlement of differences-interpretation) : (Proposal by the Delegation of the United States for a Resolution to meet the Observations of the Delegation of France upon Article 91 (Document E/CONF.2/C .6/W. 73)) | United Nations Conference on Trade and Employment, January 31, 1948 | Sixth Committee: Organization | 31/01/1948 | official documents | E/CONF.2/C.6/W.81 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/jk488gf5150 | jk488gf5150_90200203.xml | GATT_148 | 205 | 1,540 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.81
ON DU 31 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE LEMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
(Proposal by the Delegation of the United States
for a Resolution to meet the Observations of the
Delegation of France upon Article 91
(Document E/CONF.2/C .6/W. 73))
The United Nations Conference on Trads and Employment, having given
serious consideration to the relation of the International Trade Organization
and the International Court of Justice; and having in mind the necessity for
expeditious and simple procedures for the settlement of disputes or differences
arising out of the Charter; and having provided, in Article 91 of the Charter,
procedures 2or review of legal questions arising out of decisions of the
Organization by the International Court;
Therefore resolves
That the International Trade Organization shall, through appropriate
means, consult with the International Court of Justice in such manner as may
appeal to be appropriate; and
That such consultation shall be directed toward improvement of procedures.
established by the International Trade Organization or the Court for review of:
legal questions in accordance with the provisions of Chapter VIII of the
Charter and the Statute of the Court. |
GATT Library | hd652sw5828 | Sub-Committee on chapter VIII (Settlement of differences-interpretation) : Proposed amendments by the Delegation of the Unted States to report of working party 3. (E/CONF.2/C.6/W.80) | United Nations Conference on Trade and Employment, February 7, 1948 | Sixth Committee: Organization | 07/02/1948 | official documents | E/CONF.2/C.6/W.91 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/hd652sw5828 | hd652sw5828_90200214.xml | GATT_148 | 395 | 2,651 | United Nations Nations Unies RESTRICTED E/CONF.2/C.6/W.91
CONFERENCE CONFERENCE 7 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
PROPOSED AMENDMENTS BY THE DELEGATION OF THE UNTED STATES TO
REPORT OF WORKING PARTY 3
(E/CONF.2/C.6/W.80)
Article 89
1, Pararaph 1 (c)
"The existence of any other situation arising externally."
2. Paragraph 3
"3. The Members concerned sahall inform [keep] the Organization
generally [informed at all stages of the process] of any consultation or
arbitration undertaken under this Charter."
Article 90
1. "Any question arising under Article 89 (1) (a) or (b) which is not
satisfactorily settled" etc. (An alternative for writing a new provision
in Article 92 would be to alter this language so as to read: "Any question
arising undor Article 89 (1) (a) or (b) which is not satisfactorily adjustod
by consultation or arbitration hold pursuant to Article 89 or other provisions
of this Charter and any question," etc.
2. The last line of the paragraph to read: "It shall. then [either] take
such of the following stops as may bo appropriate:" (The word "or" in the
sub-paragraphs of paragraph 2 would then be deleted.)
3. Paragraph 2 (v)
Substitute the word "satisafactory" for the word generall".
Add tho following as Article 90, paragraph 2, sub-paragraph (vi):
"take any action authorized under any other provision of the Charter."
4. Add the following sentence at the end of Article 90, paragraph 4:
"It may also refer ary question arising, under this Chapter to an appropriate
Commission of the Organization."
Article 90 (A), Paragraph 1
1. Add the following after the first sentence:
"Members shall be entitled to act in accordance with any action,
decision or recommendation of the Executive Board under paragraph 2 or 3
/of Article 90, E/CONF.2/C.6/W.91
Page 2
of Article 90, unless such review by the Conference has been asked
by a Momber concerned."
2. Paragraph 3
Alter the second sentence of paragaph 3 to read:
"The Conference, when [proposing measures] considering questions
arising under Article 89 (i) (b) or (c) [Artcile 90 (2) (v) or
reviewing action by the Executive Board under thaat sub-paragraph,]
may authorize a [similar] rolease of a Member or Members, to the extent
and upon such conditions as will achieve the objects sot out in
[that sub-paragraph] Article 90 (2) (v)." |
GATT Library | sw758vt1451 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Summary record of the Fifth Meeting. : Held 16 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 16, 1948 | Sixth Committee: Organization | 16/01/1948 | official documents | E/CONF.2/C.6/W.49 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/sw758vt1451 | sw758vt1451_90200160.xml | GATT_148 | 478 | 3,165 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.49
ON DU 16 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES -
SUMMARY RECORD OF HTE FIFTH MEETING
Held 16 January 1948 at 3.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The representative of Colombia circulated his written proposal to
the effect that different procedures should be specified in Article 90 for
cases arising under sub-paragraph (a) and sub-paragraph (b) of Article 89.
It vas agreed that this proposal would be considered when paragraph 4 of
Article 90 was discussed.
Mr. AMADOR (Mexico) explained that the proposal of his delegation to
insert the words between the Members" at the commencement of paragraph 1
of Article 90 was intended to rule out the possibility of arbitration.
It was agreed that in view of the explanation of the representative of
Mexico this particular proposal regarding paragraph 1 should be discussed
under paragraph 2 of Article 90.
Amendments of a drafting nature to paragraph 1 suggested by the
representative of Australia led to a discussion as to the scope of the
consultation the Executive Board or the Confcrence could undertake under
the final sentence of that paragraph. The Sub-Committee agreed that the
principle of this question should be that the Conference or the Executive
Board night enter into such consultation as they considered necessary. The
representative of Ireq agreed to this principle subject to the limitatlon
that it implied that the Conference or the Executive Board would. consult
only with specialized agencies of an economic type.
In reply to a question by the representative of Poland it was agreed
that the parties to a dispute brought before the Organization could request
that the matter be referred directly to the Conference but that the decision
upon such a request would rest with the Executive Board.
The Sub-Cosmmittee then considered the meaning of the phrase "give a
ruling." It was agreed that the Executive Board should have the power to
make recommendations to the Members concerned in a dispute referred to the
/Organization. E/CONF.2/C 6/W. 49
Page 2
Organization. The representative of Poland pointed out that there was
accordingly some conflict between paragraph 2 of Article 78 and paragraph 1
of Article 90.
It was understood that at the conclusion of the examination of
Article 90 a working party should be set up to redraft the text in the light
of the discussions in the sub-committee and that the working party would
base its redraft ot the third sentence of paragaph 1 regarding consultation
upon the principle which had been agreac. It was also agreed that the
working party might recommend an amendment to Article 78 to make that
Article consistent with the principle that the Executive Board could make
reconmmendations directly to Members in the case of a dispute brought before
the Organization. |
GATT Library | hm304ch4794 | Sub-Committee on chapter VIII (Settlement of differences-interpretation). Summary record of the Second Meeting. : Held 12 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 12, 1948 | Sixth Committee: Organization | 12/01/1948 | official documents | E/CONF.2/C.6/W.36 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/hm304ch4794 | hm304ch4794_90200146.xml | GATT_148 | 385 | 2,762 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.36
ON DU 12 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLSIH
SIXTH COMMITTEE : ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII
(SETTLEMENT OF DIFFERENCES - INTERPRETATION)
SUMMARY RECORD OF THE SECOND MEETING
Held 12 January 1948 at 3.OO p.m.
Chairman: Mr. COUILLARD (Canada)
The sub-committee considered the report of the working party upon
Article 89 document E/CONF.2/C.6/W.30),
Mr. FAWCETT (United Kingdom) considered that some thought should be
given to the question of reconciling Article 89 with the various provisions
regarding consultation between Members contained in the Charter. He thought
that some reference should be inserted ln Article 89 to make it clear that
where consultation bad taken place under other articles of the Charter this
should. be deemed to be consultation for the purposes of Article 89.
Mr. HOLLOWAY (South Africa) said that although he considered the
redraft before the sub-committee was an improvement he could not yet give
his final approval to it.
Mr. KARMARKAR (India) was prepared to accept the redraft subject to
further consideration by his delegation. He drew attention to the note in
the report of the working party regarding the relationship between
Articles 89 and 94.
Mr. AMADOR (Mexico) proposed certain drafting changes to this note
and asked that it might be recorded in the final. records of the Conference.
Mr. HAIDER (Iraq) agreed with the remarks of the representative of
the United Kingdom. He also considered that the investigation contemplated
by Article 90 should be limited to ascertaining whether or not a
nullification or impairment referred to in Article 89 had occurred.
Mr. BLUSZTAJN (Poland) criticized the redraft in various respects as
being vague. He was supported by Mr. KOJEVE (France) who referred. to the
proposal he had previously made to add. the word "economic" before "situation"
in sub-paregraph (c).
/Mr. KARMARKAR E/CONF.2/C.6/W.36
Page 2
Mr. KARMARKAR (India) supported the suggestion of the representative of
Mr. TANGE (Australia) requested that reference should be made in the
report of the sub-committee to the fact that employment situations were
covered by Article 89.
It was agreed that the redraft of Article 89 prepared by the working
party should be further considered at the next meeting when the points
raised by the representatives of the United Kingdom and India would be
discussed..
....... |
GATT Library | gh690hh6935 | Sub-Committee on chapter VIII (Settlement of differences-interpretation) : Text of Chapter VIII as Redrafted by the Sub-Committee up to 18 February 1948 | United Nations Conference on Trade and Employment, February 20, 1948 | Sixth Committee: Organization | 20/02/1948 | official documents | E/CONF.2/C.6/W.106/Rev.1 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/gh690hh6935 | gh690hh6935_90200234.xml | GATT_148 | 1,666 | 10,760 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.6/W.106/
ON DU 20 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE : ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
Text of Chapter VIII as Redrafted by the Sub-Committee
up to 18 February 1948
CHAPTER VIII - SETTLEMENT OF DIFFERENCES
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 then the procedure.
envisaged in this Charter for complaints and the settlement of differences.
arising out of ite 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 and Arbitration.
If any Member considers that any benefit accruing to it directly or
indirectly, implicitly or explicitly, under eny of the provisions 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 act; or
(b) the application by a Member of a measure not conflicting with the
provisions of this Charter; or
(c) -the existence of eny other, situation'
the Member may, with a view to the satifactory adjustment of the matter,
make written representations or proposes to such other Member or Members as
it considers to be- concerned, and the Members receiving them shall give
sympathetjc consideration thereto.
2. The Members concerned may submit the matter arising under paragraph 1
to arbitration upon terms to be agreed between them: provided that the
/decision Page 2 -.
E/CONF.2/c.6/w.106/Rev.1
decision of the arbitrator shall not be binding for any purpose upon the
Organization or upon eny Members other then those participeting in the
arbitration.
3. The Membere concerned shall inform the Organization generally of the
-'progress and outcome of any consultation or arbitration undertaken under
this Charter.
Article 90
Reference to the Executive Board
1, Any matter ariaing 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 Board shell. promptly investigate the matter and shall
-decide whether any nullification or impairment in fact exists within the
.terms of Article 89 (1).- It shall.then take such of the following steps
as may be appropriate; '
(î) decide that the matter does not call for any action '
- (i) recommend further consultation to the Members concerned;
-(iii) refér the matter to arbitration upon such term 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 discontinue such action as May be necessary for
the Member t. 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.be
concerned and contribute to a satisfactory adjustment,.
3. If the Executive Board considers that action under Article 90 (2) (iv) 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 to Justify such action, it may recommend the release of
a 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-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.
/5. The E/CON.2/C. 6/w.106/Rev.1
Page 3
5. The Executive Board may bring any matter, referred to it under this
Article, before the Conference et any time- during its consideration of the
matter.
Article 90 A
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 eny 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, Members shall
be entitled to act in accordance with eny action, decision or recommendation
of the Executive Board under paragraph 2 or 3 of Article 90. The Conference
shall by resolution confirm, modify or reverse such action, decision or
recommendation.
2. Where a matter arising under this Chapter has been brought before the
Conference by the Executive Board, the Conference shell follow the same
procedure as that set out in Article 90 (2) for the Executive Board.
3. If the Conference considers that any nullification or impairment found to
exist under Article 89 (1) (a) is sufficiently serious the justify such action,
it may authorize the release of a Member or Members affected from obligations
or the grant of concessions to any other Member or Members under or pursuent
to the Charter, to the extent end upon such conditions as It considers
appropriate end compensatory, having regard to the benefit which has been
nullified or impaired. If the Conference considers that any nullification
or impairment found to exit under Article 89 (1) (b) or,(c) is sufficiently
serious to justify such action, it may authorize a release of a Member or
Members to the extent and upon such conditions as will achieve the objected
set out in Article 90 (2) (v).
4, When eny Member or Members suspend the performance of any oblgation or
grent of any concession to another Member in accordance with-paragraph 3, the
latter Member . shall then be free not later then 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-Generel.
Article 91
Reference to the International Court of Justice
l. The Orgenization may, in accordance with arrangements made pursuant to
* Discussion of the text enclosed in square brackets has not yet been complsted.
/paragraph 2. E/CONF. 2/C. 6/w.106/Rev.1 Page 4
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 Orgenization.
2. Any resolution or decision of the Conference under this Charter shall,
upon the instance of any Member whose interests are theraby 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 accompanied by a statement
to be furnished by the Organization in corsultation 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 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 decision pending the delivery 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
-'International Court of Justice on any question referred by it to the Court.
The resolution or decision in question shall be modified insofar as it does
not accord with the opinion of the International Court of Justice.
Article 92
' -' ' Miscellaneous Provisions
1. Nothing in this Chapter-shall) be construed to exclude other procedures Y
provided for in this Charter for consultation end settlement of differences
arising out of its operation. The Organization may regard consultation or
investigation undertaken under other provisions of. the Charter as fulfilling,
*.either in whole or in part, any- similar procedural requirement in this Chapter
2. The Conference end-the Executive Board shall establish such rules of
procedure. as may. be necessary to carry out the provisions of this Chepter.
The rules of the Conference shall include provisions concerning the
maintenance in force or suspension of any rulings of the.Executise- Board
pending review by the Conference under paragraph 1 of Article 92.
/Draft Resolution E/CONF.2/C.6/w.106/Rev.1
Page 5
Draft Resolution
THE UNITED NATIONS CONFERENC CE ON TRADE AND EMPLOYMENT
HAVING given serious consideration to the relation of the International
Trade Organization end the International Court of Justice; and
HAVING provided, in Chapter VIII of the Charter, procedures for review
of legal questions arising out of decisions of the Organization by the
International Court
PRESOLVES AND AGREES
1. that the Interim Commission of the International Trade
-Orgenization, through such means as way be appropriate including
If necessary a request by the Economic end Social Council of the
United Nations for an advisory opinion, shall consult with
appropriate officials of the International Court or with the Court
itself upon the question whether, having regard to the desirability
that with respect to the Organization decisions of the Court
should heve the nature of a judgment, there might be improvement
of such procedures; and
2. that the Interim Commission shall present a report on this
question to the first regular session of the Conference of the
*.International Trade Organization. |
GATT Library | jk570qk7945 | Sub-Committee on chapter VIII (Settlement of differences-interpretation) : Text of Chapter VIII as Redrafted by the Sub-Committee up to 18 February 1948 | United Nations Conference on Trade and Employment, February 19, 1948 | Sixth Committee: Organization | 19/02/1948 | official documents | E/CONF.2/C.6/W.106 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/jk570qk7945 | jk570qk7945_90200233.xml | GATT_148 | 1,460 | 9,375 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/W.106
ON DU 19 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMLPOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERENCES - INTERPRETATION)
Text of Chapter VIII as Redrafted by the Sub-Committee
up to 18 February 1948
CHAPTER VIII - SETTLEMENT OF DIFFERENCES - INTERPRETATION
Article 89
Reliance on the Procedures of the Charter
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 its operation. The Members also undertake, without prejudice
to any other international agreement, that they will not have recourse to
unilateral economic measures of kind contrary to the provisions of this
Charter.
Article 90
Consultation and Arbitration
1. If any Member considers that any benefit accruing to lt directly or
lndirectly, imlicitly 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 breach by a Member of an. obligation under this Charter by
action or failure to act; or
the application by a Mémber 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 natter,
make witten representations or proposals to such other Member or Members as.
it considers to be concerned., and the Members receiving them shall give ;
sympathec c onsideration thereto.
2. The Members concerned. may submit the matter arising under paragraph .
to arbitration upon terms to be agreed between them: provided that the
/decision E/CONF.2/c.6/w.106
Page 2 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 consultation or arbitration undertaken under this
Article 91
Reference to the Executive Board.
: 1. Any matter`arising`under Article 89 (1) (a) or (b) which is not
satiafactoriy settle. and any natter which arises under Artice, 89 (1) (c)
may be referred by any Member concerned to the Executive Board,
2. The Executive Board shall promptly- investigate the matter and shall
decids whether any nullification or impairment in fact existd within the
terme of Article 89 (1). It shall then take such of the following steps'
as may be appropriate.. . . - -
(i) decide that the natter does not call for, an action;
(ii) recommend further. consultation to the Members concerned;
(iii) refer the natter to arbitration upon such terms as may be agreed.
between the Executive Board and the Members concerned.;
(iv) in any natter arising under Article 89 (1) (a) request the Member
concerned to take or discontinue such action as may be necessary for
the Member to confom to the provisions of the Charter;
(V) in ary natter arising under Article 89 (1) (b) or (c), propose such.
measures to Members as will best assist the Members concerned and
contribute to-a satiafactory adjustment.
3. If the Executive Board considerrs that action under Article 90 (2) (iv) is
not likely to be effective in tine to prevent serious injury, and. that any
nullication or impairment found to exist under Article 89 (1) (a) is
sufficiently serious to juatify such action, it may recommend the release of
a Member or Members affected fram 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 Excecutive Board may in the course of this investigation, consult_,
with such Members or inter-govermental organizations and upon such mattera
within the scope of the Charter as it deems appropriate. It may also consut
.an appropriate commission of the Orgenization on any natter arising under this
Chapter. .
/5. The E/CONF.2/c.6/w.106
Page 3
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 92
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, Members shall
be entitle to act in accordance with any action, deciaion or recommendation
of the Executive Board under paragraph 2 or 3 of Article 90. The Conference
shall by resolution confirm modify or reserve such action or decision .
2. Here a matter arising under this Chapter 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 coasiders that any nullification or impairment found to
exist under Article 89 (1) (a) is sufficiently serious to Justify such action>
it may authorize the release of a 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. /The Conference, when considering Natters arising
under Article 89 (1) (b) or (c), may 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 2, the
latter Member shall then be free not later than sixty days after such -action
is taken, to give notice of its withdrawal from the Organization. - Such :.-
withdrawal. shall become effective upon the expiration of sixty daya from the;
day on 'which such notice is received, by the Director-General.]*
Article 93
referencee to the International Court of Justice
1. The Organization may, in accordance with arrangements made pursuant to
paragraph. 2 of Article 96 of the Charter of the United Nations, request from,
the Internatlonal Court of Justice advisory opinions on legal questions arisin ;
within the scope of the actIvities of the Orgenization.
* Discussion of the text enclosed in square brackets bas not yet been compl -
/2 Anv : E/CONF.2/c/w/106
Page 4
2. Any resolution or decision of the Conference under this Charter shall
upon the instanece any . Member whose interests are thereby prejudiced, be
subject to review by the International Court of Justice through the neans 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 accompanied 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 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 decision pending the delivery of the opinion where in the
View of the Conference damage difficult to repair would otherwise be caused.
to a Mamber concerned..
5. Therganizatio shall consider itself as bound by the opinion of the -
Interationa1 Court of Justice on any question referred by it to the Court;
'The resolution or decision in question shall. be modified insofar as it does'
not accord with the opinion of the International Court of Justice.-
Article 94
Miscellaneous Provisions
1, Nothig in this chapter shall be construed to exclude. other procedures_
provided. for - .this Charter for consultation and settlement of differences
arising out of its operation. The Organization May regard consultation. on.,_
investigation undertaken under other provisions 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 if
procedure as may be nacessary to carry out the provisions of this Chapter.
The rules of the Conference shall include provisions concereding the ,., -
maintenance in force or suspension of any rulings of the Executive Board .
pending review by the Conference under paragraph 1 of Article 92. |
GATT Library | jg255ts6953 | Sub-Committee on chapter VIII (Settlement of differnces-international). Notes on Nineteenth Meeting. : Held 18 February 1948 at 4.00 p.m | United Nations Conference on Trade and Employment, February 19, 1948 | Sixth Committee: Organization | 19/02/1948 | official documents | E/CONF.2/C.6/W.105 and E/CONF. 2/C. 6/W. 81-118/ADD. 1 | https://exhibits.stanford.edu/gatt/catalog/jg255ts6953 | jg255ts6953_90200232.xml | GATT_148 | 733 | 4,829 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE 19 February 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII
(SETTLEMENT OF DIFFERNCES - INTERNATIONAL)
NOTES ON NINETEENTH MEETING
Held 18 February 1948 at 4.00 p.m.
Chairman: Mr. COUILLARD (Canada)
The Sub-Committee first continued its consideration of the Report of the
Working Party on Articles 91 and 92 (document E/CONF.2/C.6/W.99). Article 92
as redrafted by the Workring Party was accepted, subject to the amendment of
the phrase "under paragraph 3 of Article 90" at the end of paragraph 4 to read
"under paragraph 1 of Article 90A." The representative of the United Kingdom
suggested that the word "appropriate" be inserted before "procedures" on the
second occasion of the use of this word in paragraph 3. This proposal did not
meet with general. approval. The representative of the United Kingdom reserved
the right to-raise this amendment again at a later stage.
The Sub-Committee then gave further consideration to the text of
Article 90A (document E/CONF.2/C.6/W.102). It was agreed that paragraph 1
should be redrafted as follows:
"l. 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, Members shall be entitled to act in accordance
with any action, decision or recommendation of the Executive Board
under paragraph 2 or 3 of Article 90. The Conference shall by resolution
confirm, modify or reverse such action, decision or recommendation."
The Sub-Committee next considered the proposed resolution drafted by the
Working Party on Articles 91 and 92 (document E/CONF.2/C.6/W.99). The text
was redrafted as follows:
/THE UNITED NATIONS E/CONF .2/C .6/W.105
Page 2
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
HAVING given serious consideration to the relation of the International
Trade Organization and the International Court of Justice; and
HAVING provided, in Chapter VIII of the Charter, procedures for review
of legal questions arising out of decisions of the Organization by
the International Court
RESOLVES AND AGREES
1. that the Interim Commission of the International Trade
Organization, through such means as may be appropriate including
if necessary a request by the Economic and Social Council of the
United Nations for an advisory opinion, shall consult with
appropriate officials of the International Court or with the Court
Itself upon the question whether, having regard to the desirability
that with respect to the Organization decisions of the Court
should have the nature of a judgment, there might be improvement
of such procedures; and
2. that the Interim Commission shall present a report on this
question to the first regular session of the Oomference of the
International Trade Organization.
It was agreed that before the next meeting the Secretariat should.
circulate the text of Chapter VIII as it had up to the present time been
redrafted by the Sub-Committee together with a draft of the Report of the
Sub-Committee.
The Sub-Committee agreed that paragraph 3 of Article 92 should be made
into a separate article which should be the first article of Chapter VIII
and which should be entitled "Reliance on the Procedures of the Charter."
Finally the Sub-Committee commenced consideration of the following two
amendmentas to, the Report of the Working Party on Articles 91 and 92 proposed
by the delegation of France:
(a) add the following words at the commencement of paragraphs 3 of
Article 92:
"3. Without prejudice to their rights under Article 36
of the Statute of the International Court of Justice";
(b) add the following new paragraph 6 to Article 91:
"6. When the procedure established in Chapter VIII has thus
been concluded, Members may exercise the rights they possess
in virtue of Article 36 of the Statute of the International
Court of Justice."
/The representative or E/CONF.2/C .6/W.105
Page 3
The representative of France explained that these to amendments were
mutually exclusive and that if one were adopted the other would fall. The
Sub-Committee agreed to examine first the amendment to paragraph 3 or
'Article 92 which was the most far-reaching. Ater thies amendment had been
supported by the representative of Mexico and various other representatives
had indicated their desire to speak upon it, it was decided to adjourn the
discussion until the next meeting. |
GATT Library | xc992th2800 | Sub-Committee on chapter VIII (Settlement of differnces-interpretation) : Corrigendum to notes on the Eighth Meeting (DOCUMENT E/CONF.2/C.6/w.4) | United Nations Conference on Trade and Employment, January 22, 1948 | Sixth Committee: Organization | 22/01/1948 | official documents | E/CONF.2/C./W.64 and E/CONF. 2/C. 6/W/41-80 | https://exhibits.stanford.edu/gatt/catalog/xc992th2800 | xc992th2800_90200183.xml | GATT_148 | 201 | 1,522 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C./W.64
ON DU 22 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL : ENGLISH
SIXTH COMMITTE: ORGANIZATION
SUB-COMMITTEE ON CHAPTER VIII (SETTLEMENT OF DIFFERNCES - INTERPRETATION)
CORRIGENDUM TO NOTES ON THE EIGHTH MEETING
(DOCUMENT E/CONF.2/C.6/w.4)
The remarks attributed to the representative of South Africa in paragraph 2
should read as follows:
"The representative of South Africa said that if there was a feeling
that sections should be impose the Organization should be empowered to
impose them only when a complaint under Chapter VIII involved failure of
a Member to carry out its obligations".
SIXEME COMMISSION : ORGANISATION
SOUS-COMMISSION CHARGEE D'ETUDIER LE CHAPITRE VIII
(REGLEMENT DE DIFFERENDS - INTERPRETATION)
RECTIFICATIF AUX NOTES DE LA HUITIEME SEANCE
(DOCUMENT E/CONF.2/C.6/W.64)
Au deuxième paragraphe de la première page la texte des remarques attribuées
au représentant de l'Union Sud-Africaine doit s'énoncer de la façon suivante
"Le représentant de l'Union Sud-Africaine déclare que, si l'on estime
qu'il doit y avoir des sanctions, l'Organisation ne doit avoir le droit de
les imposer que lorsqu:une réclamation, fondée sur les dispositions du
chapitre VIII, porter sur la fait qu'un-Etat Membre a manqué aux obligations
que lui impose la Charte". |
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