Considering Report on Additional Protocols of Geneva Conventions, Delegates Urge Adherence to International Humanitarian Law During Conflicts
As the Sixth Committee (Legal) today took up the annual report of the United Nations Commission on International Trade Law (UNCITRAL), speakers highlighted progress made in the development of trade law, including a draft convention on the judicial sale of ships, a model law on identity management and work on the reform of investor-State dispute settlement.
Ivan Šimonović (Croatia), Chair of UNCITRAL, presenting the Commission’s report on its fifty-fifth session (document A/77/17), reported that the Commission finalized three legislative texts, including a draft convention that harmonized the regime regarding the judicial sales of ships. This significant draft would offer adequate legal certainty and protection for purchasers and complemented other international instruments of the maritime law reflected in the United Nations Convention on the Law of the Sea.
He also drew attention to the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services. This Model Law provided an opportunity to validate the principles and approaches of UNCITRAL, such as non-discrimination, technology neutrality and functional equivalence, while highlighting the importance of digital identity and authentication of the actors of digital trade and trust services in the digital age.
Giving a detailed overview of all six Working Groups, including Working Group III’s work on the reform of investor-State dispute settlement, he also underlined the progress made towards a rejuvenation of the Case Law on UNCITRAL Texts, also known as CLOUT system, and noted the increased participation from Africa, Latin America and the Caribbean, including the UNCITRAL Asia-Pacific, Latin American and Caribbean, and African Days.
Anna Joubin-Bret, Secretary of UNCITRAL and Director of the International Trade Law Division, spotlighting the draft convention on the judicial sales of ships and the Model Law on identity management, also recalled that in 2021, the Secretariat requested additional resources for Working Group III, which resulted in respective recruitments and additional sessions held in New York and Vienna.
The delegate of Uganda urged countries that have used the Model Law on identity management to advise the Commission on how States that have not used it can develop its application and harmonize it with their legislation. However, he noted that the Draft Code of Conduct in its present condition is not complete without regulating the conduct of the counsel. “As arbitration becomes more international, we must increasingly confront the difficulties that arise from diverging ethical standards in multiple jurisdictions,” he added.
In this regard, the representative of Chile highlighted the work of UNCITRAL with the International Centre for Settlement of Investment Disputes on the preparation of the code of conduct for arbitrators. She expressed hope that the document would be adopted at the Commission’s next session in 2023. Touching upon online commerce and its regulatory mechanisms, she underlined the practical importance of elaborating the topic on resolution and adjudication for conflicts related to technology.
Similarly, Japan’s delegate spotlighted his country’s project taking stock of developments in dispute resolution in the digital economy. Turning to progress made regarding the enlargement of UNCITRAL’s membership from 60 States to 70, he noted that Japan launched a Vienna-based process as a forum for consultations on this matter, having organized 11 rounds of open-ended informal consultations and a number of bilateral meetings.
Algeria’s representative underscored that the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services can serve as guidance to Member States as they draft relevant legislation. It will also enhance trust in Internet transactions. He also welcomed work on alternative dispute resolution, which is expected to reduce the number of cases wherein disputes end trade relations.
Similarly, the delegate of Austria recognized the importance of finalization and adoption of the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services. Further, he noted with interest the progress reports of the different Working Groups, particularly that of Working Group III on the reform of investor-State dispute settlement.
However, the representative of Iran expressed concerns regarding the implicit implications of the Model Law for the sovereignty of States, particularly developing and least developed countries, whose nationals or businesses are the main users of cross-border digital services. Further, in regards to Working Group III, he said that the possible reform of investor-State dispute settlement should be comprehensive enough to provide equal opportunity for different points of view and contribute to a fair and equitable dispute settlement system.
The Sixth Committee also took up the Secretary-General’s report on the Protocols Additional to the Geneva Conventions relating to the protection of victims of armed conflicts (document A/77/264), as speakers debated adherence to international humanitarian law, ratification of the Additional Protocols to the Geneva Convention and protection measures for victims of armed conflicts.
The delegate of Switzerland stressed the importance of universal ratification of the Geneva Conventions and the Additional Protocols, noting that his country is the depository of these instruments. While the Geneva Conventions have been universally ratified, the three Additional Protocols have been ratified by 174, 169 and 79 States, respectively. He encouraged all States yet to accede to or ratify such instruments to do so soon.
Similarly, the representative of the European Union, speaking in its capacity as observer, noted that two Additional Protocols adopted to formulate more robust protection for victims of international and non-international armed conflicts were not universally ratified. She underscored the importance of training and education on international humanitarian law and referred to a number of training modules to national armed forces in Mali, Central African Republic, Somalia and Mozambique.
In this regard, Brazil’s representative said that Brazilian Armed Forces are professionally trained in the application of the rules of the international humanitarian law at all levels, including through special courses for officials deployed in United Nations peacekeeping operations. He also noted that Brazil works to alleviate the suffering of people displaced by armed conflict and political instability who seek safety within its borders, including migrants, refugees and asylum-seekers.
The representative of Saudi Arabia, expressing concern about the non-respect of a number of principles of international humanitarian law, including attacks against civilian installations by the Houthi forces, who are also using children in combat, underscored her country’s commitment to protect children in armed conflict. To that end, Saudi Arabia was providing assistance to 86 countries with a total budget of more than $6 million.
Also speaking on UNCITRAL’s report on the work of its fifty-fifth session were representatives of Finland (also for Denmark, Iceland, Norway and Sweden), Singapore, Philippines, Sierra Leone, Belarus, Italy, United States, Mexico, El Salvador, Pakistan, Peru, Canada, India, Cameroon, China, Cuba, Ecuador, Viet Nam, United Kingdom, Russian Federation, Thailand, Dominican Republic, Republic of Korea, France, Argentina, Morocco and Honduras, as well as a representative of the European Union, in its capacity as observer.
Also speaking on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts were representatives of Iraq (for the Arab Group), Sweden (also for Denmark, Finland, Iceland and Norway), Australia (also for Canada and New Zealand), Iran, United States, Mexico, Egypt, El Salvador, Romania, Cuba, Portugal, Ireland, Sierra Leone, Cameroon, Republic of Korea, Poland, United Kingdom, and the Dominican Republic.
The representatives of Venezuela and Brazil spoke in exercise of the right of reply.
The Sixth Committee will next meet at 10 a.m. on Tuesday, 18 October, to conclude its debate on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts and begin consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives.
United Nations Commission on International Trade Law Introduction to Report
IVAN ŠIMONOVIĆ (Croatia), Chair of the fifty-fifth session of the United Nations Commission on International Trade Law (UNCITRAL), introduced the Commission’s report (document A/77/17) and noted that the Commission finalized three legislative texts: a draft convention on the international effects of judicial sales of ships; recommendations to assist mediation centres and other interested bodies with regard to mediation under the UNCITRAL mediation rules (2021); and the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services.
Detailing the texts on the judicial sales of ships, he said that the harmonized regime established by the draft convention will be significant, as it offers adequate legal certainty and protection for purchasers. This would positively impact the price realized by a judicial sale to the benefit of both shipowners and creditors, provided that adequate safeguards are implemented and enforced in the conduct of the sale. Moreover, the draft convention complements other international instruments of the maritime law reflected in the United Nations Convention on the Law of the Sea (including its provisions relating to the nationality and status of ships) and promotes institutional cooperation with the International Maritime Organization.
Turning to mediation, he said that the adopted document of recommendations under the UNCITRAL Mediation Rules (2021) provides a comprehensive set of procedural rules to conduct mediation proceedings in the institutional context. Drawing attention to electronic commerce, he noted that the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services provided an opportunity to validate the principles and approaches of UNCITRAL, such as non-discrimination, technology neutrality and functional equivalence. It also highlighted the importance of digital identity and authentication of the actors of digital trade and trust services in the digital age.
Highlighting the Working Groups’ progress, he confirmed their ongoing work programme as follows: Working Group I will continue to work on access to credit for micro, small and medium-sized enterprises; Working Group II, focusing on technology-related dispute resolution and adjudication, will develop a guidance text on early dismissal and preliminary determination; Working Group III will continue its work on the reform of investor-State dispute settlement; Working Group IV will begin new work on automated contracting and data provisional contracts; Working Group V will continue its work on civil asset tracing, recovery and insolvency procedures; and Working Group VI will focus on development of a new instrument on negotiable multimodal transport documents.
The Commission requested the Secretariat to continue its work on legal issues related to digital economy and digital trade, and develop a guidance document on legal issues relating to the use of distributed ledger systems in trade, he continued. The Commission also authorized the Secretariat to publish the revised legal taxonomy of emerging technologies and their applications in the six official languages of the United Nations with a view to establish the Commission’s central and coordinating role in addressing legal issues related to the digital economy and digital trade. In addition, the Commission further requested the Secretariat to continue implementation of the stocktaking project on dispute resolution in the digital economy and to continue participating in the inclusive global legal innovation platform on online dispute resolution.
He called attention to the Commission’s request to establish expert group meetings and other events on legal issues related to the impact of COVID-19 on international trade law with a view to developing a respective toolkit for Member States. As well, he suggested a colloquium or an expert group meeting be organized on the various legal issues surrounding climate change mitigation, adaptation and resilience, in conjunction with relevant and interested international organizations. He further reiterated the importance of coordinating the activities of organizations in the field of international law as to avoid duplication of efforts, promote efficiency and prevent unduly burdening of the respective Secretariats in participating in and following-up on concurrent projects carried out simultaneously.
Detailing on UNCITRAL’s legislative and non-legislative activities of the Commission, he also underlined a number of key achievements, including increased participation from Africa, Latin America and the Caribbean as a result of the online format adopted for technical cooperation and assistance activities; expansion of engagement with partners from academia for UNCITRAL Asia-Pacific and Africa Day; expanded online and social media presence; and the issuance of the online training course on UNCITRAL in the Chinese language. He also spotlighted the Case Law on UNCITRAL Texts (CLOUT) system as a tool to support continued and sustained capacity-building in the use and implementation of UNCITRAL texts and noted the progress made in rejuvenating the system.
Drawing lessons from the COVID-19 pandemic, the Commission considered possible adjustments to its methods of work, he said, including by making meetings of some Working Groups available on streaming or videoconferencing platforms to enable delegates participating remotely to listen to the deliberations and make active interventions. The Working Groups were also encouraged to hold informal consultations between or in conjunction with the sessions to enhance productivity and efficiency of deliberations. UNCITRAL is the core United Nations body in the field of commercial law, he said, spotlighting its commitment over half a century to providing a legal environment that supports and fosters international trade.
ANNA JOUBIN-BRET, Secretary of UNICTRAL and Director of the International Trade Law Division (ITLD), recalled that in 2021, the Secretariat requested additional resources for Working Group III, which resulted in respective recruitments and additional sessions held in New York and Vienna. Drawing attention to the achievements of the Commission under the difficult conditions during the COVID-19 pandemic, she spotlighted texts to be considered for adoption by the General Assembly, including the draft convention on the international effects of judicial sales of ships. She also underscored the new work of UNCITRAL initiated in the area of digital trade, including the Model Law on Digital Identity Management and Trust Service – a potential cornerstone in trade development in the digital era.
She went on to spotlight the launch of the UNCITRAL Asia-Pacific, Africa and Latin America and the Caribbean Day events, which has filled the gap in the Commission’s flagship events in partnership with academia. Calling attention to the forthcoming celebration of the twenty-fifth anniversary of the Model Law on Cross-Border Insolvency – a major flagship text of UNCITRAL, which forms the foundation of the Commission’s work on the insolvency law – she encouraged Member States to join the event, including remotely.
She underlined the importance of co-ordination in light of the number of developments that are taking place in various international organizations. In that regard, she echoed the stance of the UNCITRAL Chair to enhance coordination activities to avoid duplication of efforts and prevent unduly burdening of respective secretariats with participation and follow-up activities. Detailing the upcoming UNCITRAL sessions, she expressed her wish to the Sixth Committee to streamline or re-organize the resolution to ensure that it better demonstrates the activities of the Commission in this regard.
Source: United Nation