Sixth Committee (Legal) — 70th session
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (Agenda item 82)
- Authority: resolution 69/117
Documentation
- A/70/423 — Report of the Secretary-General
Summary of work
Background (source: A/70/100)
The United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law was established by the General Assembly at its twentieth session, in 1965 (resolution 2099 (XX)), to contribute towards a better knowledge of international law as a means of strengthening international peace and security and of promoting friendly relations and cooperation among States. The Assembly authorized the continuation of the Programme annually until its twenty-sixth session, biennially until its sixty-fourth session and annually thereafter (resolutions 2204 (XXI), 2313 (XXII), 2464 (XXIII), 2550 (XXIV), 2698 (XXV), 2838 (XXVI), 3106 (XXVIII), 3502 (XXX), 32/146, 34/144, 36/108, 38/129, 40/66, 42/148, 44/28, 46/50, 48/29, 50/43, 52/152, 54/102, 56/77, 58/73, 60/19, 62/62, 64/113, 65/25, 66/97, 67/91, 68/110 and 69/117).
In the performance of the functions entrusted to him by the General Assembly, the Secretary-General is assisted by the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, the members of which are appointed by the Assembly.
At its sixty-ninth session, the General Assembly reiterated its approval of the guidelines and recommendations contained in section III of the report of the Secretary-General on the implementation of the Programme of Assistance to the General Assembly at its sixty-eighth session and authorized the Secretary-General to carry out the activities specified in his reports in 2015 and to award a minimum of one scholarship under the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea in 2015. The Assembly also authorized the Secretary-General to continue and further develop the United Nations Audiovisual Library of International Law as a major contribution to the teaching and dissemination of international law around the world and to continue to finance the activity from provisions in the regular budget, as well as, when necessary, from voluntary financial contributions. The Assembly noted with serious concern that the provisions of paragraph 7 of resolutions 66/97, 67/91 and 68/110 had not been implemented, and therefore decided to revisit the matter of funding for the Programme of Assistance under the programme budget for the biennium 2014–2015, in particular the Regional Courses in International Law and the Audiovisual Library of International Law for the year 2015. It requested the Secretary-General to include additional resources under the proposed programme budget for the biennium 2016–2017 for the organization of the Regional Courses in International Law for Africa, for Asia-Pacific and for Latin America and the Caribbean each year and for the continuation and further development of the Audiovisual Library of International Law. It also requested the Secretary-General to include in the regular budget, for consideration by the Assembly, the necessary funding for the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea with effect from the biennium 2016–2017, should voluntary contributions be insufficient for granting at least one fellowship per year. The Assembly requested the Secretary-General to periodically invite Member States, universities, philanthropic foundations and other interested national and international institutions and organizations, as well as individuals, to make voluntary contributions towards the financing of the Programme of Assistance or otherwise to assist in its implementation and possible expansion. It also requested the Secretary-General to report to it at its seventieth session on the implementation of the Programme of Assistance in 2015 and, following consultations with the Advisory Committee on the Programme of Assistance, to submit recommendations regarding the Programme in subsequent years. The Assembly concluded once again that voluntary contributions had not proven to be a sustainable method for funding the activities under the Programme of Assistance, in particular the United Nations Regional Courses in International Law and the United Nations Audiovisual Library of International Law, and that, consequently, there was a need to provide more reliable funding for all of its activities, taking into account the conclusion of the Advisory Committee at its forty-ninth session (resolution 69/117).
Consideration at the seventieth session
The Sixth Committee considered the item at its 15th, 16th, 22nd and 26th meetings, on 23 and 26 October and on 6 and 11 November 2015 (A/C.6/70/SR.15, 16, 22 and 26). For its consideration of the item, the Committee had before it the report of the Secretary-General (A/70/423).
During the 15th meeting, Secretary of the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination, and Wider Appreciation of International Law made a statement. The Chair of the Advisory Committee introduced the Committee’s conclusions and recommendations, as contained in paragraphs 67 to 74 of the report of the Secretary-General. A presentation of the United Nations Audiovisual Library of International Law, in commemoration of the fiftieth anniversary of the Programme of Assistance, was shown.
Statements were made by the representatives of: South Africa (on behalf of the Group of 77 and China), Ecuador (on behalf of the Community of Latin American and Caribbean States), the Lao People’s Democratic Republic (on behalf of the Association of Southeast Asian Nations), Trinidad and Tobago (on behalf of the Caribbean Community), Tonga (on behalf of the Group of Pacific Small Island Developing States), European Union (also on behalf of its member States. The Candidate Countries the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the EFTA country Iceland, member of the European Economic Area, as well as Ukraine and Armenia aligned themselves with the statement), Singapore, the Sudan, New Zealand, Qatar, Norway, the United States of America, China, Portugal, Viet Nam, Thailand, Argentina, Nigeria, El Salvador, Malaysia, Ethiopia, Barbados, Brazil, Lebanon, the United Republic of Tanzania and the Russian Federation.
Delegations welcomed the report of the Secretary-General (A/70/423) and reiterated the key role of the Programme of Assistance for developing and developed countries, in particular to further international peace and security, to promote friendly relations and cooperation among States, and to support the rule of law. Delegations highlighted the benefits of the Programme to enhance knowledge of public international law across all regions, and acknowledged the 50th anniversary of the Programme as an important landmark. They noted that respect for international law was of utmost importance for the purposes and principles of the United Nations.
Delegations again expressed concern about the financial situation of the Programme and underlined the historic importance of the adoption of resolution 69/117, which had recognized that voluntary contributions would not be sustainable as the primary source of financial support and ensured the inclusion in the proposed programme budget for the biennium 2016–2017 of the resources necessary for the three Regional Courses in International Law to be held each year and for the continuation of the Audiovisual Library of International Law. Several delegations welcomed the recommendation of the ACABQ that the proposed programme budget with regard to the Programme of Assistance be approved and further underlined the importance of the recommendations of the Advisory Committee (A/70/423). In this regard, it was pointed out that the proposed programme budget included the minimum level of resources necessary to conduct the Regional Courses and to maintain the Audiovisual Library; voluntary contributions would play a role in expanding these activities or funding additional projects. Delegations expressed their appreciation for those States who had made voluntary contributions to the activities of the Programme, and encouraged continued and enhanced voluntary contributions. Some delegations noted the decline in voluntary contributions, welcomed the inclusion of resources from within the budget of the Office of Legal Affairs, and expressed their confidence that practical and sustainable financing solutions would be found for the biennium 2016–2017.
Delegations commended the Audiovisual Library of International Law as a key tool in the work of the Programme, offering easy and free access to a vast range of resources, and noted the large and increasing number of users of the tool. Some delegations also praised the large number of international law focused websites maintained by the Codification Division.
Delegations expressed their strong appreciation for and support of the Regional Courses in International Law and for the International Law Fellowship Programme. They noted their pleasure at the convening of the Regional Course for Africa in February 2015, while expressing their regret that the Regional Courses for Asia-Pacific and for Latin America and the Caribbean did not take place in 2014 or 2015. Delegations hoped that the Regional Courses for all three regions would be held in 2016 and onwards, commending Ethiopia, Uruguay and Thailand for agreeing to host Regional Courses in their respective regions. Some delegations noted the value of the International Law Seminar for Arab States to take place in November 2015 in Cairo. The hope was expressed that the Codification Division would continue its best efforts to invite prominent lecturers from across different regions and legal systems.
With respect to legal publications, a number of delegations praised the current efforts to continue furthering the electronic publishing program, and emphasized the importance of the publications of the Office of Legal Affairs. Some delegations stressed the need for the necessary resources to be provided for the resumption of the desktop publishing programme of the Codification Division. The value of having the summaries of the decisions of the International Court of Justice in all official languages of the United Nations was also highlighted by some delegations.
Several delegations noted the importance of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, and acknowledged the work of the Division for Ocean Affairs and the Law of the Sea in this endeavour. These delegations noted resolution 69/117 which had requested the Secretary-General to include in the regular budget, for consideration by the General Assembly, the necessary funding for the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea with effect from the biennium 2016–2017, should voluntary contributions be insufficient for granting at least one fellowship a year. While some delegations were pleased that the fellowship had been awarded in 2015, they also expressed disappointment that it had not been possible to award it in 2014. A number of delegations welcomed the Advisory Committee’s recommendations with respect to the funding of this fellowship.
Action taken by the Sixth Committee
At the 22nd meeting, on 6 November, the representative of Ghana, on behalf of the Bureau, introduced a draft resolution entitled “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law” (A/C.6/70/L.10).
At the 26th meeting, on 11 November, the representative of Ghana orally revised footnote 3 of the draft resolution by adding the names of the States appointed members of the Advisory Committee on the Programme of Assistance (A/C.6/70/SR.26). At the same meeting, the Committee adopted draft resolution A/C.6/70/L.10, as orally revised, without a vote.
Under the terms of the draft resolution, the General Assembly would, inter alia, note that this year marks the fiftieth anniversary of the Programme of Assistance, and emphasize the importance of ensuring the successful continuation of the Programme for the benefit of present and future generations of lawyers. The Assembly would reaffirm that the Programme constitutes a core activity of the United Nations and recognize the Programme’s important contribution to the furtherance of the United Nations rule of law programmes and activities. The Assembly would approve the guidelines and recommendations contained in the report of the Secretary-General on this agenda item and authorize the Secretary-General to carry out the activities specified therein. It would also decide to appoint twenty-five Member States as members of the Advisory Committee on the Programme of Assistance for a period of four years beginning on 1 January 2016.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-first session (2016).
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