CYIL 2012

PETR VÁLEK CYIL 3 ȍ2012Ȏ of Legal Affairs and the States have their say in the Advisory Committee on the Programme of Assistance, composed of 25 members. As I was the only member of Bureau of the Sixth Committee who was, at the same time, member of this Advisory Committee, I was entrusted with the coordination of the draft resolution on this item. This task turned out to be more difficult than I thought, because I had to struggle with many complex administrative and budgetary issues. Furthermore, as the membership of the Advisory Committee was about to expire in 2011, I had to work with the UN regional groups on the selection of their upcoming representatives in this body. Fortunately, due to the support of my colleagues in the Sixth Committee, my third draft resolution 105 gained consensual support in this Committee and was subsequently adopted by the GA. 106 The Sixth Committee dealt also with the “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, which is an annually considered item. The main contentious issue of the draft resolution, coordinated by the Egyptian Legal Adviser, was the length of the Special Committee’s next session. While the EU Member States and the United States wanted, due to the lack of matters to discuss within this Committee, to reduce the allocated time as much as possible, the NAM members preferred to keep the usual two-week session. At the end, a compromise was found. 107 No major changes were made, too, in the annual resolutions on the “Criminal Accountability of United Nations Officials and Experts on Mission” (except the establishment of a Working Group in the next session) 108 and the “Report of the Committee on Relations with the Host Country”. 109 The negotiations were more difficult on the draft resolution under the item “The Law of Transboundary Acquifers”. According to its final version, the GA, inter alia , “encourages the States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of the draft articles annexed to its resolution 63/124”. The GA will revert to this item at its 68 th session. 110 In order to cover all items in the agenda of the Sixth Committee, I have to mention as well the three resolutions related to the UN Commission on International Trade Law (hereinafter the “UNCITRAL”), titled: “Report of the UNCITRAL on the Work of its forty-fourth Session”, 111 “UNCITRAL Model Law on Public Procurement” 112 and “UNCITRAL Model Law on Cross-Border Insolvency: The Judicial Perspective”. 113 105 Draft resolution, Programme of Assitance, A/C.6/66/L.15. 106 Resolution of the GA No. 66/97 of December 9, 2011, UN Doc. A/RES/66/97. 107 Resolution of the GA No. 66/101 of December 9, 2011, UN Doc. A/RES/66/101, operative para. 2. 108 Resolution of the GA No. 66/93 of December 9, 2011, UN Doc. A/RES/66/93. 109 Resolution of the GA No. 66/108 of December 9, 2011, UN Doc. A/RES/66/108. 110 Resolution of the GA No. 66/104 of December 9, 2011, UN Doc. A/RES/66/104. 111 Resolution of the GA No. 66/94 of December 9, 2011, UN Doc. A/RES/66/94. 112 Resolution of the GA No. 66/95 of December 9, 2011, UN Doc. A/RES/66/95. 113 Resolution of the GA No. 66/96 of December 9, 2011, UN Doc. A/RES/66/96.

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