whether a definite period is to be fixed within which ratifications must be deposited; whether reservations may be attached either at the time of signature or at the time of ratification; and the question of subsequent accessions.

The text proposed by the Committee states in its first paragraph the requirement of ratification and includes the same reference to the respective constitutional processes of the signatory states which is found in the amendment proposed by the four sponsoring governments and in the original text of Chapter XI of the Dumbarton Oaks Proposals. In the second paragraph the text suggests, in accordance with the usual diplomatic practice of designating the government of the state in which the Conference has met to prepare the convention, that the depositary should be the Government of the United States. The Committee has contemplated the possibility, however, that the Steering Committee may wish to provide that ratifications should be deposited with an Interim Commission, if one is established, or to make other provision. The third and fourth paragraphs make explicit the provision for coming into force which is found in the amendment proposed by the four sponsoring governments and indicate the effective dates both for the signatory states which have deposited their ratifications at the time the Charter comes into force and for the signatory states which deposit their ratifications thereafter.

Verbatim Minutes of First Meeting of Commission IV, May 19

Doc. 460, May 21

PRESIDENT (Mr. Parra Pérez, Venezuela, speaking in Spanish; English version as delivered by interpreter follows): Fellow Delegates, I desire my first words to express my gratitude for the distinguished honor that has fallen on me as President of Commission IV-an honor which is really for my country with relation to the efforts and contributions that it has made toward international comity.

Honorable Delegates, upon Commission IV, of which I have the honor to be President, devolves a work as important as it is extensive, since it includes all the aspects of the judicial organization of the world Organization. For this reason, it has seemed to me advisable, after having consulted the chairmen of the committees, as well as the Secretary-General, to call this preliminary meeting for the purpose of hearing a statement of the results of the work so far attained.

We shall not be able to discuss, probably, at this time these results, nor make decisions thereon, in view of the fact that certain drafting details are still pending with respect to the documents which are to be submitted to us.

I hope that at the next meeting we shall enter into the Commission's work proper, which is to study the draft proposals submitted to it by its committees, and to recommend to the Conference the adoption of final drafts.

The committees have been obliged to work with relative slowness, not only because the points dealt with are very delicate, but also because, in addition to their juridical aspect, they present a political aspect which sometimes falls beyond the strict competence of our Commission and is the subject of discussion in committees under another commission; hence, the importance of coordination between the various commissions.

On the other hand, there are a great number of amendments and new proposals submitted by various governments which require careful examination. Committee 1 of Commission IV is charged with the drafting of the Statute of the International Court of Justice and the drafting of Chapter VII of the Dumbarton Oaks Proposals, which deals with the principles of the Court within the final structure of the United Nations Organization. To Committee 2 belongs the study of numerous juridical problems likewise related to said Organization. I am sure that I interpret the unanimous feeling of the delegates when I repeat that the Court is to be one of the fundamental organs of the world Organization and that its functioning will work more and more for causing the principles of justice and law to prevail in the relations between states. Through its jurisprudence the Court will furthermore perform an essential function in giving the proper interpretation to the rules of international law.

In the drafting of the Statute of the Court, we have the advantage of having available the experience of the Permanent Court of International Justice at The Hague. The great weight of its decisions, the intellectual and moral capacity of its judges, the respect which it has won in the world are other assets which are today available to us. As a connecting link between the past and future eras, we have enjoyed here the collaboration of some of its members, which has been very profitable, and for it we are sincerely grateful to them. On the other hand, the work of Committee 1 of the Commission has been facilitated by the work done at Washington shortly before the meeting of this Conference by the Committee of Jurists which drew up a draft Statute based on the Statute of the present Court of The Hague and quite excellent as to its technique. Our Committee 1 has discussed this draft in its entirety and will have to decide specifically those fundamental points with respect to which the Washington Committee deemed it advisable not to express any opinion owing to the delicate problems of a diverse nature which they involve. I am particularly referring to the fundamental question of the Statute, that is, to the compulsory or optional jurisdiction of the Court.

Committee 2 of the Commission will propose concrete solutions to the questions which have been referred to it. Among the most important of them, I can mention those which refer to the juridical nature of the Charter of the world Organization, to obligations inconsistent with the latter's Charter, to the registration of treaties, to the privileges and immunities of the officers, and to what has been called the relations with the League of Nations. But it devolves upon the chairmen of the committees to advise you of the details of the work which they are so completely directing. The respective rapporteurs will, in turn, present their remarks, and it will be a pleasure for me to give them the floor later.

I now recognize His Excellency Dr. Gallagher, Chairman of the first Committee.

Mr. GALLAGHER (speaking in Spanish; English version as delivered by interpreter follows): Mr. President, I was honored with the office of Chairman of Committee 1 of this Commission, over which you so ably preside.

I wish to go on record expressly as saying that the delegates who compose the first Committee consider with legitimate pride that their work is well advanced. The progress attained is a consequence of two factors.

First, the Committee has had as a basis for discussion the draft formulated by the Committee of Jurists of Washington; and secondly, it has had the benefit of the skill, discretion, and perseverance with which each one of the delegates has worked. Speeches and their literary aspect have been suppressed, and an attempt has been made to have all addresses refer strictly to the question under debate.

Direction of the Committee has been an easy task for me, due to the spirit among the delegates and to the ability which they have demonstrated during our proceedings. Almost all of our decisions have been adopted by unanimous vote and in a very few and exceptional cases have minority votes appeared. Even in these last-mentioned cases, the majorities have been greater than the two thirds required by the rules, which means that the opinion of the Committee has been

practically unanimous in the different resolutions which have been adopted.

The study of the Statute of the International Court of Justice, which is to determine the differences among nations submitted to its decision, is about to be completed. The question whether a new Court should be created or the old Court, born of the League of Nations, should be continued was one of the greatest importance. The problem was so difficult and such strong arguments were advanced on both sides that the Committee entrusted the study of the matter to a subcommittee, over which I also have the honor to preside. The subcommittee has already fulfilled its function and presents to the Committee a recommendation to create a new Court. The solution is not perfect, but it is more in accord with the purpose of the United Nations and a better answer to the legal problems involved and the resolution which may be adopted.

Mr. Al-Farsy, Delegate of Iraq, who is the Rapporteur of the Committee, will read an account of the work accomplished.

I am sure that I interpret the feeling of all the delegates when I thank the Secretary, whose work has been continuous and perfect, and the other members of the Secretariat for their cooperation, and when I offer to you, Mr. President of the Commission, the sentiments of our special esteem.

Personally, I would like to express publicly my appreciation of the fact that Peru has been designated to preside over this Committee, as well as my special gratitude to all the delegates for the cooperation which they have lent in all the sessions that have taken place, cooperation which has manifested itself in the most perfect harmony, and which constitutes a proof that none of the nations which participate in this Conference aspire to a predominance of their ideas, nor to privileged positions. Rather, they seek harmonious solutions which advance the cause of universal peace, which is the principal purpose of the Conference of San Francisco.

PRESIDENT (speaking in French; English version as delivered by interpreter follows): I now recognize His Excellency Dr. Al-Farsy of Iraq, the Rapporteur of the first Committee.

Mr. AL-FARSY (speaking in French; English version as delivered by interpreter follows): Mr. President and Honorable Delegates, I have the honor to submit to Commission IV my first report about the progress made by Committee 1. Committee 1 of Commission IV has been charged with the drafting of the Statute of the International Court of Justice, as well as the relevant sections of the Charter of the United Nations. The Committee held its first meeting on Thursday, May 3, and has held 10 meetings. The Committee decided to deal with all articles of the Statute separately and has approved all the articles which were non-controversial in character. It has made a study of the entire text of the proposed Statute and has approved 51 out of the 69 articles.

The articles approved by the Committee include a number of important subjects dealing with the organization of the Court. The Court, it was decided, shall be composed of a body of independent judges to be elected regardless of their nationality on the basis of character and legal qualifications. The Court is to consist of 15 members, no 2 of whom may be nationals of the same state. A term of nine years has been selected as the length of time in which a judge

may serve on the Court. He may, however, be reelected and the Committee is proposing a method by which there would be a radical replacement of judges by providing that the terms of one third shall expire every three years. The Court has been empowered to promulgate rules in order to exercise its various functions, especially in the field of the procedure. Furthermore, the Committee has retained the rule which permits any litigant to have a judge of its own nationality on the Court. The Court, moreover, is to be open to the members of the United Nations and to states which are parties to the Statute. The conditions under which the Court shall be open to other states are still to be determined. Finally, the Committee approved all articles, all of Chapter III of the draft Statute, which establishes rules of procedure for the orderly functioning of the Court. These relate to such subjects as the official language of the Court, the access of documents to the parties, the interrogation of witnesses, and functions regarding the rendering the entering and revising of judg. ments. There remain a number of articles which involve matters of principle and upon which different views are held. Some of these are being studied by a subcommittee and others are still under discussion by the Committee. Generally, it can be stated with fairness that all points at issue have been considered by the Committee, and it is hoped that definite decisions on these matters can soon be made. Thank you.

PRESIDENT (speaking in Spanish; English version as delivered by interpreter follows): I now recognize His Excellency Abdel Hamid Badawi Pasha, of Egypt, Chairman of Committee 2.

BADAWI PASHA (speaking in French; English version as delivered by interpreter follows): Egypt greatly appreciates the honor that was done to it when I was selected to be Chairman of this Committee.

After the excellent statement made at the beginning of our meeting by the President of the fourth Commission, it is unnecessary for me to do more than give a few brief remarks on the work of Committee 2. The scope of our work is at the same time wider and undoubtedly less well defined than that assigned to the other committees. While the other committees have the power to examine specific chapters or sections of chapters of the Dumbarton Oaks Proposals and to amend the wording thereof, the task assigned to Committee 2 of Commission IV entails a study of all the juridical problems inherent in the completion of the Charter.

The Dumbarton Oaks Conference was in fact especially concerned with the solution of political questions and did not take up the study of juridical problems which were of a less urgent nature. Moreover, the proposals submitted do not contain formal texts to guide us in our work, and it has fallen upon us to elaborate the draft proposals which we might deem necessary in order to resolve any juridical difficulties which arise. The terms of reference given us by the Steering Committee contemplated more especially that our work should concern itself with the following questions:

(1) legal status of the Organization and immunities and privileges to be accorded to its officials;

(2) registration of treaties;

(3) obligations inconsistent with the Charter.

Many proposed texts have been presented for consideration in this