General Assembly General Assembly

 Statement by Mr. M. Koteswara Rao, Counsellor & Legal Adviser on agenda item 81 'Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization'  at the  Sixth Committee of 69th session of the United Nations General Assembly on 14th October 2014

 
 
Mr. Chairman, 
 
 
We align, in general, with the NAM statement, and in our national capacity we have the following observations.   
 
The Special Committee has the mandate to examine proposals regarding the Charter of the United Nations, including those relating to the maintenance and consolidation of international peace and security, development of co-operation among all nations and promotion of the rules of international law in relations between States. 
 
Given the nature of its mandate, the Special Committee is well placed to play an important role in the interpretation of the provisions of the Charter, with a view to ensure proper implementation thereof. We therefore, consider the work of the Special Committee important. 
 
Mr. Chairman,
 
We have taken note of the report A/69/33 of the Special Committee on the work of its annual session in February 2014, wherein the Special Committee considered the questions referred to it in the General Assembly resolution A/RES/68/115. 
 
We would like to make general remarks with specific reference to the maintenance of international peace and security; impact and the application of sanctions; peaceful settlement of disputes; and the overall thrust of relevant issues. 
 
 
Mr. Chairman,
 
Maintenance of international peace and security is the primary responsibility of the Security Council, which acts on behalf of all the UN Member States in the discharge of its duties. 
 
The impact of the application of sanctions is a significant issue for all. The Security Council, which mandates sanctions, has the nodal responsibility for finding solution to the problems of third States affected by the application of sanctions.
 
Article 50 of the UN Charter is not merely procedural. It confers the right on third States confronted with special economic problems because of sanctions, to consult the Security Council for solution, and thus obliges the Security Council to find definitive solution to the problems of the affected third States. 
 
We are convinced that sanctions, when necessary and applied in accordance with the provisions of the Charter, could serve as an important tool for the maintenance of international peace and security. However, imposing sanctions should be the last resort and strictly in conformity with the provisions of the Charter.
 
Mr. Chairman,
 
Although, the targeted sanctions have resulted in the reduction of special economic problems being faced by third States, we are of the view, however, that the consideration of the topic of sanctions and related issue should continue on the agenda of the Special Committee in order to find a definitive solution.
 
Mr. Chairman,
 
The States owe the responsibility to settle disputes by peaceful means, which is a fundamental principle under paragraph 3 of Article 2 of the UN Charter. Article 33 of the Charter further strengthens this duty and provides the means which the parties to a dispute can choose freely. The International Court of Justice, which is the principal judicial organ of the United Nations, plays an important role in the peaceful settlement of disputes. 
 
India supports the continuous existence of the topic 'Peaceful Settlement of Disputes between States' on the agenda of the Special Committee.
 
Mr. Chairman,
 
India commends all efforts of the Secretary-General towards the continued publication and updating of the Repertory of Practice of the UN Organs and the Repertoire of Practice of the Security Council, as these documents are very important sources of reference.
 
I thank you Mr. Chairman.