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Applicabilité De L'obligation D'arbitrage En Vertu De La Section 21 De L'accord

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Applicabilité De L'obligation D'arbitrage En Vertu De La Section 21 De L'accord COUR INTERNATIONALE DE JUSTICE MÉMOIRES,PLAIDOIRIES ET DOCUMENTS APPLICABILITÉDE L'OBLIGATION D'ARBITRAGE EN VERTU DE LA SECTION 21 DE L'ACCORD DU 26 JUIN 1947 RELATIF AU SIÈGE DE L'ORGANISATION DES NATIONS UNIES INTERNATIONAL COURT OF JUSTICE PLEADINGS, ORAL ARGUMENTS, DOCUMENTS APPLICABILITY OF THE OBLIGATION TO ARBITRATE UNDER SECTlON 21 OF THE UNITED NATIONS HEADQUARTERS AGREEMENT OF 26 JUNE 1947 L'araire de I'Applicabiliré de I'obligarion d'arbirrage en verru de la section 21 de l'accorddu 26 juin 1947 relari/au siege de I'Organisarion des Narions Unies, inscrite au r6le général de la Cour sous le numéro 77, a fait I'ohjet d'un avis consultatif rendu le 26 avril 1988 (Applicabiliré de l'obligarion d'arbirruge en vertu de la sec- ...tion . ..21 de l'accord du 26 juin 1947 relatif au sièpe" de I'Orpanisarion- des Narions Unies. C.I.J. Recueil 1980, p. 12). Le présent volume reproduit la requête pour avis consultatil, les documents, les exposés écrits et oraux et la correspondance relatifs à cette affaire. Parmi les documents transmis a la Cour. la résolution 42/229A et la résolu- tion 421229 B concernant la demande d'avis consultatif, adoptées par l'Assemblée générale à sa 104' séance plénière, le 2 mars 1988, sont reproduites en anglais et en français; les autres documents ne sont reproduits (en une seule langue) que dans la mesure où ils sont utiles àla compréhension de l'avis consultatifet ne se trouvent pas dans le domaine public. La Haye, 1990 The case concerning Applicubiliry of rhe Obligarion ro Arbitrate under Secrion 21 of rhe United Nafions Headquarters Agreemeni oj 26 June 1947 was entered as No. 77 in the Court's General List and was the suhject of an Advisory Opinion delivered on 26 April 1988 (Applicabili~~of rhe Obligarion ro Arbitrale under -Secrion - 21 of rhe United Narions Headu~<arrersAareement of 26 June 1947. I.C.J. Reports 19g8, p. 12). The present volume reproduces the Request for advisory opinion, the docu- ments, the wntten and oral statements and the correspondence in the case. Of the documents transmitted to the Court, resolution 42/229A and resolu- lion 421229 B concerning the request for advisory opinion, adopted by the General Assemhly at its 104th plenary meeting on 2 March 1988, have been reproduced in English and French; the others have been reproduced (in one language) only if they are relevant to the understanding of the Advisory Opinion and are not in the public domain. The Hague, IWO Page Requête pour avis consultatif - Request for Advisory Opinion THESECRETARY-GENERAL Of THE UNITEDNATIONS 70 THE PRESIDENT OP THE INTERNATIONALCOURT OF JUSTICE........... RESOLUTIONS421229A AND 4212298 ADOPIZDBY THE GENERALASSEM- BLY AT ITS 104~~PLENARY MEETING ON 2 MARCH1988 .... RÉSOLUTIONS42/229A rn 4212298 ADOPTEES PAR L'ASSEMBL~EGÉNÉ- RALE A SA 104' SÉANCE PLÉNIÈRE LE 2 MARS 1988 ....... Dossier....... transmis var le Secrétaire eénéral des Nations Unies (article 65, paragraphe 2. d; Statut) - l>oçsi;r tranrmittcd b) the Secrrtary-Ceneral of the United Nations (AN. 65, para. 2, of the Stature) CONTENTS OF THE DOSSIER[under this heading are listed the themes [content] of the documents reproduced, while the titles of those not reproduced are mentioned in the text] .......... Part 1. Documents relating to the proceedings leading to the request hv the General Assemblv for an advisorv. opinion. ...... Correspondence between the United Nations and the Permanent Mission of the United States oFAmerica to the United Nations . Letter from the Secretary-General of the United Nations to the Permanent Representative of the United States (13 October 1987). ................... Letter from the Permanent Representative of the United States to the Secretary-General of the United Nations (27 Octoher 1987) Letter from the Secretary-General of the United Nations Io the Permanent Re~resentativeof the United States (7 December 1987). ................... Letter from the Secretary-General of the United Nations Io the Permanent Representative of the United States (21 Decemher 1987). ................... Letter from the Acting Permanent Representative of the United States to tlie Secretary-General of the United Nations (5 January 1988) ................. Leiter from the Secretary-General of the United Nations Io the Permanent Representative of the United States (14 January 1988) ................... Lelter from the Secretary-General of the United Nations Io the Permanent Representative of the United States (2 February 1988) ................... Letter from the Under-Secretary-General for Legal Affairs, the Legal Counsel, to the Legal Adviser of the Department of State of the United States (1 I February 1988) ....... X APPLlCABlLlTY OF THE OBLIGATION TO ARBITRATE Page Letter from the Secretary-General of the United Nations to the Permanent Representative or the United States (4 March 1988) Materials relating to United States Legislation ....... Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, Title X, Anti-Terrorism Act of 1987 ......... Introduction of a bill to provide penalties for aiding the PL0 . Introduction of a orooosed "Anti-Terrorism Act of 1987" in the form oia bill ia thé United States Senaie . .... Explanaiion ofa proposed "Tcrrorisi Orgsni7ation Exclusion Aci of 1987" in the form of a hill in ihc United Siates Houre of Reoresentatives ~taiehentrnsdein the Llniied Siates Senaie on 25 June 1987 Siairment made in the Uniicd Si~tesSenate on 10 July 1987 Sraiement msdr in the United Siairs Senïte on 14 Julv 1987 Sidienient m3de in the llniied Si~ic,Sen~ie on 4 ~u~u;i1987 Iniroduction and adopiion of the "Anii-Terronsm Act of 1987" in the Uniied Siaie, Senate in ihc form ofïn nniendment to the Foreien Relations Authorization Act.~. Fiscal ~~~~~ Year~ 1988~ ~ ~nsiruct~onsgi\.ïn by the Uniicd Staies Housc oi Reprcseniati\,es Io ils conferces Io accept the amendment adopted by ihç Senate Siaiement ninde in ihe United Stsies Senste on 3 November 1987 Siaicmïni m~dcin the United States Senaie on ?O No\ember 1987 Suienient made in the Uniied Siaies Senate on 10 December 1987 House conference report No.100-475: joint explanatory statement of the Committee on Conference, Io accompany the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 . Adoption by the United States House of Representatives of the conference report on the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ............ Adoption by the United States Senate of the conference report on the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 .................. Statement made by a member of the United States Congress on the "Anti-Terrorism Act of 1987" adopted by both Houses of Congress ...... ........... Statement by the President of tl;e United States upon signing the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 .................... Part II. Materials relevant to the observer status of the 'Palestine Liberation Organization ............... Permanent ohsemers of non-member States ........ List of States which still maintain or had maintained oermanent obser\er oftices ai the he~dqu~riersof ihe Ilniied u ai ions Siaiemeni by the Legal Counsel. Y?nd meeting. 14 Ociokr 1982, Commiiiec on Host Countr) Reidti<inî Permanent observers of intergovernmental organizations Lis1 of intergoi,ernmeninl orgdniz3tions haifing rccei\ed a siand. ing invilaiion to particip~tein the sessions and the u,ork of ihe General Assemhly as obsewers CONTENTS XI Poge Permanent observers of other entities .......... 92 List of organizations having received a standing invitation to narticinate in the sessions and the work of the General Assem- bly as gbservers and maintaining offices at the United Nations Headquarters ................. Legislative authorities relating to the PLO. ........ Security Council, 1975, decision adopted at the 1856th meeting on 4 December 1975 ................ Statements hy the United Nations Secretariat as ta the legal status of the Office of Permanent Observer of the PL0 ....... Opinion of the Legal Counsel of the United Nations on the status of the PL0 office to the United Nations ........ Opinion of the Legal Counsel of the United Nations on the status, privileges and immunities under international law of the repre- sentatives of the PL0 to the United Nations ...... Relevant cases in United States courts .......... Anfi-DeJbnarion League v. Kissinger, et al. (Digest of Uniled Srares Practice in lnrernarional Law, 1974, by Arthur W. Rovine, pp. 27-29) .................. Harvard Ln% School Forum, et al. v. George P. Shultz (Federal Supplemeni Volwne 633) ............ Part III. Materials relevant to the United Nations Headquarters Agreement ................... Legislative history of the Headquarters Agreement ..... Report of the Preparatory Commission of the United Nations, 1945 .................... Proposed United States comments upon Convention between the United Nations and the Government of the United States regarding arrangements for the permanent headquarters . Negotiations Lxtween the United Nations and the United States concerning the arrangements required as a result of the estab- lishment of the seat of the United Nations in the United States - sixtb meeting ................ Negotiations Lxtween the United Nations and the United States concerning the arrangements required as a result of the estab- lishment of the seat of the United Nations in the United States - seventh meeting ............... Legislative history of Public Law No. 80-357 - Materials relating to the United States legislation
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