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Downloaded from Brill.Com10/06/2021 03:10:27PM Via Free Access 304 ASIAN YEARBOOK of INTERNATIONAL LAW UNITED NATIONS ACTIVITIES WITH SPECIAL RELEVANCE TO ASIA Lee Shih-Guang* 1. UN MEMBERSHIP 1.1 New Members In 1992, the following new member States joined the United Nations: Armenia (2 March 1992); Azerbaijan (2 March 1992); Croatia (22 May 1992); Georgia (31 July (1992); Kazakhstan (2 March 1992); Kyrgyz Republic (2 March 1992); Republic of Moldova (2 March 1992); Slovenia (22 May 1992); Tajikistan (2 March 1992); Turkmenistan (2 March 1992); Uzbekistan (2 March 1992); bringing the total membership to 174. 1.2. The Case of Yugoslavia (Serbia and Montenegro) On 19 September 1992, the Security Council adopted Resolution 777 (1992) in which it considered that the State formally known as the Socialist Federal Republic of Yugoslavia had ceased to exist, and noted that *Office of the Legal Counsel, UN Office of Legal Affairs. The present contribution is prepared in a personal capacity. Asian Yearbook of International Law, Volume 3 (Ko Swan Sik et al., eds.; 0-7923-2708-X; © 1994 Kluwer Academic Publishers; printed in Great Britain), pp. 303-316 303 Lee Shih-Guang - 9789004400627 Downloaded from Brill.com10/06/2021 03:10:27PM via free access 304 ASIAN YEARBOOK OF INTERNATIONAL LAW "the claim by the Federal Republic of Yugoslavia (Serbia and Montenegro), to continue automatically the membership of the former Socialist Federal Republic of Yugoslavia in the United Nations has not been generally accepted." The Security Council considered that the "Federal Republic of Yugoslavia (Serbia and Montenegro) cannot continue automatically the membership of the Socialist Federal Republic of Yugoslavia in the United Nations" and therefore recommended to the General Assembly that the Federal Republic of Yugoslavia (Serbia and Montenegro) should apply for membership in the United Nations and that "it shall not participate in the work of the General Assembly" I The General Assembly, by its Resolution 47/1 entitled Recommendation of the Security Council of 19 September 1992 accepted the recommendation of the Security Council of 19 September 1992.2 In a letter dated 25 September 1992 from the Permanent Representatives of Bosnia and Herzegovina and Croatia to the United Nations addressed to the Secretary-General (A/47/474), the Permanent Representatives raised a number of questions regarding the meaning of Resolution 47/1 and requested the Secretary-General to provide a "legal explanatory statement concerning the questions raised". In response to that request, the Secretary-General issued a note (A/47/485) clarifying the following points: (1) General Assembly 47/1 dealt with a membership issue which was not foreseen in the Charter of the United Nations, namely, the consequence, for purposes of membership in the United Nations, of the disintegration of a member State on which there was no agreement among the immediate successors of that State or among the membership of the Organization at large. (2) Resolution 47/1 was not adopted pursuant to Article 5 (suspension of the membership) nor under Article 6 (Expulsion). The Resolution made no reference either to those Articles or to the criteria contained in those Articles. (3) The only practical consequence stated in the resolution was that the Federal Republic of Yugoslavia (Serbia and Montenegro) "shall not participate" in the work of the General Assembly, which meant that representatives of the Federal Republic of Yugoslavia (Serbia and Montenegro) could no longer participate in the work of the General 1 The resolution was adopted by 12 in favour, none against with 3 abstentions (China, India and Zimbabwe). For discussion in the Security Council, see S/pV.3116. 2 Resolution 47/1 was adopted by 127 in favour, 6 against (Kenya, Swaziland, United Republic of Tanzania, Yugoslavia, Zambia and Zimbabwe) with 26 abstentions. For views expressed on this question, see A/47/PV. 7 Lee Shih-Guang - 9789004400627 Downloaded from Brill.com10/06/2021 03:10:27PM via free access UNITED NATIONS ACTIVITIES WITH RELEVANCE TO ASIA 305 Assembly, its subsidiary organs, nor conferences and meetings convened by the General Assembly. (4) The resolution neither terminated nor suspended Yugoslavia's member­ ship in the Organization. The seat and the nameplate remained as before, but in Assembly bodies, representatives of the Federal Republic of Yugoslavia (Serbia and Montenegro) could not sit behind the sign "Yugoslavia" . (5) Yugoslav missions at United Nations Headquarters and offices may continue to function and may receive and circulate documents. At Headquarters, the Secretariat would continue to fly the flag of the old Yugoslavia as it is the last flag of Yugoslavia used by the Secretariat. (6) The resolution did not take away the right of Yugoslavia to participate in the work of organs other than Assembly bodies. (7) The admission to the United Nations of a new Yugoslavia under Article 4 of the Charter would terminate the situation created by General Assembly Resolution 47/1. 2. LAW OF THE SEA As of 11 December 1992, 53 States have ratified or acceded to the 1992 United Nations Convention on the Law of the Sea of which 11 are Asian States: Bahrain, Fiji, Cyprus, Indonesia, Iraq, Kuwait, Marshall Islands, Micronesia, Philippines and Yemen. The Secretary-General's initiative to promote dialogue aimed at addressing issues of concern to some States in order to achieve universal participation in the 1991 United Nations Convention on the Law of the Sea continued in 1992. During the 1992 consultations, it was decided that environmental considera­ tions were no longer considered a controversial issue in the deep seabed mining context, and they were dropped from the list of identified problem areas. The Secretary-General intended to continue his initiative and convene more sessions in 1993. 3. ESTABLISHMENT OF A NUCLEAR WEAPON FREE ZONE IN SOUTH ASIA As in previous years, the General Assembly adopted a resolution entitled Lee Shih-Guang - 9789004400627 Downloaded from Brill.com10/06/2021 03:10:27PM via free access 306 ASIAN YEARBOOK OF INTERNATIONAL LAW Establishment ofa Nuclear Weapon Free Zone in South Asia.3 The Secretary­ General submitted a report on this question.4 The General Assembly reaffirmed its endorsement in principle of the concept of a nuclear weapon free zone, urged once again the States of South Asia to continue to make all possible efforts to establish a nuclear weapon free zone in South Asia and to refrain in the meantime from any action contrary to that objective; called upon the nuclear weapon States that have not done so to respond positively to this proposal and to extend the necessary cooperation in the effort to establish such a zone. 4. TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA: CLOSER RELATIONSHIPS BETWEEN THE UN AND REGIONAL ASSOCIATIONS The Treaty of Amity and Cooperation in Southeast Asia5 is now in force in respect of Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei Darussalam, Papua New Guinea, Vietnam and Laos. The purpose of the Treaty is to promote perpetual peace, ever-lasting amity and cooperation among the peoples of Southeast Asia in accordance with the principles of the Charter of the United Nations including, inter alia, mutual respect for the independence, sovereignty and the territorial integrity of all nations, non­ interference in the internal affairs of all nations, peaceful settlement of differences and disputes, and renunciation of the threat or use of force. The Treaty also includes provisions for the peaceful settlement of disputes. The General Assembly6 recognized that the 1976 Treaty provided a strong foundation for regional confidence building and for regional cooperation and that it was consistent with the call by the Secretary-General of the United Nations in his report "An Agenda for Peace" for a closer relationship between the United Nations and regional associations; thus endorsed the purposes and principles of the Treaty and its provisions for the pacific settlement of regional disputes and for regional cooperation in order to achieve peace, amity and friendship among the peoples of Southeast Asia.7 3 Resolution 47/49 was adopted by 144 in favour, 3 against (Bhutan, India and Mauritius) with 13 abstentions (which include Cyprus, Indonesia, Lao People's Democratic Republic, Myanmar, Republic of Korea, Seychelles, Viet Nam and Yemen). 4 A/47/304. 5 Ball, 24 February 1976, entered into force 15 July 1976. 6 Resolution 47/533 of 9 December 1992. 7 A/47/277-S/24111. Lee Shih-Guang - 9789004400627 Downloaded from Brill.com10/06/2021 03:10:27PM via free access UNITED NATIONS ACTIVITIES WITH RELEVANCE TO ASIA 307 5. ENVIRONMENTAL CONSEQUENCES ON KUWAIT 8 The Secretary-General submitted to the Security Council a report describing the nature and extent of environmental damage suffered by Kuwait as a result of Iraq's invasion.9 The General AssemblylO took note of the disastrous situation caused in Kuwait and neighbouring areas by the burning and destruction of hundreds of its oil wells and by the other environmental consequences on the atmosphere, land and marine life; expressed concern at the degradation of the environment as a consequence of the damage, the adverse impact on the economic activities of Kuwait and other countries of the region including the effects on livestock, agriculture and fishing as well as on wildlife; appealed to all States members of the United Nations, inter-governmental and non-governmental organizations, scientific bodies and individuals to provide assistance for programmes aimed at the study and mitigation of the environmental degradation of the region, and at strengthening the regional organization for the protection of the marine environment and its role in coordinating the implementation of those programmes. The resolution was adopted by 159 in favour, none against and 2 abstentions (Iraq and Sudan). 6. CONFERENCE ON STRADDLING AND HIGHLY MIGRATORY FISHSTOCKS The General Assembly by its Resolution 47/192 decided to convene in 1993 an inter-governmental conference under United Nations auspices on straddling and highly migratory fishstocks.
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