Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 AALCO/58/DAR ES SALAAM/2019/VR For Official Use Only Asian-African Legal Consultative Organization Verbatim Record of Discussions Fifty-Eighth Annual Session 21-25 October 2019 Dar es Salaam, United Republic of Tanzania AALCO Secretariat 29-C, Rizal Marg Diplomatic Enclave, Chanakyapuri New Delhi – 110021 INDIA Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 CONTENTS Pages Preface i-ii I. Agenda of the Session iii II. Bureau of the Session iv III. Inaugural Session of the Fifty-Eighth Annual Session held on Monday, 21 October 2019 at 10:20 AM 1 IV. First Meeting of Delegations of AALCO Member States held on Monday, 21 October 2019 at 01:40 PM 17 - Adoption of the Provisional Agenda and Tentative Schedule of Meetings and Events - Admission of New Member States - Admission of Observers - Elections of the President and Vice-President for the current Session - Opening Statement by the President of the Fifty-Eighth Annual Session V. First General Meeting held on Monday, 21 October 2019 at 02:00 PM 19 - Release of AALCO Publications VI. Second Meeting of Delegations of AALCO Member States held on Monday, 21 October 2019 at 02:05 PM 21 - Report of the Secretary-General on the Work of the Organization and Financial Matters of AALCO - AALCO’s Budget for the Year 2020 - Report of the Chairman of the 4th Working Group on International Law in Cyberspace - Signing of the Memorandum of Understanding (MoU) with the Universiti Teknologi MARA (UiTM), Malaysia VII. Second General Meeting held on Monday, 21 October 2019 at 04:30 PM 34 - General Statements VIII. Second General Meeting (contd.) held on Tuesday, 22 October 2019 at 09:30 AM 56 - General Statements IX. Third General Meeting held on Tuesday, 22 October 2019 at 03:05 PM 101 - Extraterritorial Application of National Legislation: Sanctions imposed against Third Parties X. Third General Meeting (contd.) held on Tuesday, 22 October 2019 at 04:15 PM 113 - Peaceful settlement of disputes XI. Third General Meeting (contd.) held on Tuesday, 22 October 2019 at 04:55 PM 121 - Violations of International Law in Palestine and Other Occupied Territories by Israel and Other International Legal Issues related to the Question of Palestine XII. Third General Meeting (contd.) held on Wednesday, 23 October 2019 at 11 AM 131 - Peaceful settlement of disputes XIII. Third General Meeting (contd.) held on Wednesday, 23 October 2019 at 11:10 AM 2019 134 - Violations of International Law in Palestine and Other Occupied Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 Territories by Israel and Other International Legal Issues related to the Question of Palestine XIV. Fourth General Meeting held on Wednesday, 23 October 2019 at 11:18 AM 137 - Selected Items on the Agenda of the International Law Commission XV. Fourth General Meeting (contd.) held on Wednesday, 23 October 2019 at 03:00 PM 164 - International Law in Cyberspace XVI. Fourth General Meeting (contd.) held on Wednesday, 23 October 2019 at 05:25 PM 187 - Law of the Sea XVII. Fourth General Meeting (contd.) held on Thursday, 24 October 2019 at 08:45 AM 204 - Law of the Sea XVIII. Third Meeting of the Delegations of the AALCO Member States held on Thursday, 24 October 2019 at 09:20 AM 212 - Report of the Work of the Regional Arbitration Centres XIX. Fourth General Meeting (contd.) held on Thursday, 24 October 2019 at 10:00 AM 216 - International Trade and Investment Law XX. Fifth General Meeting and Concluding Session held on Thursday, 24 October 2019 at 12:30 PM 227 - Adoption of Message of Thanks to the President of the United Republic of Tanzania - Venue of AALCO’s Fifty-Ninth Annual Session - Adoption of Documents and Summary Report of the Session - Votes of Thanks - Closing Remarks by President of the Fifty-Eighth Annual Session of AALCO XXI. Text of the documents adopted at the Fifty-Eighth Annual Session - Summary Report 233 - Resolutions 250 - Chairman’s Report of the Fourth Meeting of the Open-Ended Working Group on International Law in Cyberspace 255 XXII. List of Participants 258 Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 PREFACE The Asian-African Legal Consultative Organization (AALCO) claims its lineage to the historic Bandung Conference of 1955, which had given a new impetus to the ideas and principles for regional cooperation. AALCO’s raison d’être has been to promote the progressive development and codification of international law, based on the special interests and needs of its Member States. The mission of the Organization continues to inspire each one of us as we work daily to fulfil responsibilities bestowed on us. As we conclude the Fifty- Eighth Annual Session held from 21-25 October, 2019 in Dar es Salaam, United Republic of Tanzania, I can say with a sense of pride that AALCO has once again lived up to its goal of facilitating the exchange of views on contemporary subjects of international law of common concern for its Member States in the highest traditions of inter-regional solidarity and friendship. Several upheavals have been witnessed by the international community in the year 2019, and the idea of multilateralism has attained renewed focus. We at AALCO have been witness to many developments in this regard and the agenda items discussed in the Annual Session attest to this reality. Today Asia and Africa are at the forefront of developments in all areas of human endeavour, international law being no exception. AALCO seeks to channelize the immense potential offered by these two great continents in harnessing the best output for international law for the sustainable growth and development of the world community. The Fifty-Eighth Annual Session of AALCO, like all previous sessions of AALCO, was instrumental in advancing the deliberative might of international law from the vantage point of our Member States. The Session witnessed participation from 25 Member States, representatives of 2 Regional Arbitration Centres of AALCO, Observers from 5 Non- Member States and representatives from various Intergovernmental/Specialized Agencies/Subsidiary Organs/Inter-Regional Organizations. The Fifty-Eighth Annual Session focussed on deliberations on Organizational and Substantive matters, which included Matters on the Agenda of the International Law Commission, Extraterritorial Application of National Legislation: Sanctions imposed against Third Parties, Law of the Sea, Violations of International Law in Palestine and Other Occupied Territories by Israel and Other International Legal Issues related to the Question of Palestine, International Trade and Investment Laws, International Law in Cyberspace and Peaceful Settlement of Disputes. This comprehensive Verbatim Record is mandated as per the Statutory Rules of AALCO and is presented to the Member States as a full and final record of the proceedings of the Annual Session. It contains the texts of statements of the Inaugural Session, Three Meetings of Delegations of Member States, the Five General Meetings, the Summary Report of the Fifty- Eighth Annual Session and Resolutions on Organizational Matters along with the Message of Thanks on behalf of the AALCO Secretariat. The Verbatim is primarily based on the transcripts submitted for translation by the delegations, as well as the official recordings of the proceedings during the Session. I wish to extend my deep gratitude to the Government of the United Republic of Tanzania for their warm hospitality and commendable efforts in hosting the Annual Session. I acknowledge the strong support received from the Ministry of Constitutional and Legal Affairs of the United Republic of Tanzania and all others who were involved in making the Annual Session a grand success. i Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 In the end, I would also like to express my heartfelt appreciation to my friends and colleagues, Mr. Yukihiro Takeya, Ms. Wang Liyu, Dr. Ali Garshasbi, the Deputy Secretaries- General for their strong and experienced support in making the Annual Session a success. I also wish to express my deep appreciation to Mrs. Anuradha Bakshi, Deputy-Director and Ms. Devdatta Mukherjee, Mr. Shujoy Mazumdar, Mr. Abraham Joseph, Legal Officers along with other staff of the Secretariat for their efforts in making the Annual Session successful. We in AALCO, continue to remain, as always, in the service of our Member States. Prof. Dr. Kennedy Gastorn Secretary-General ii Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 iii Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 I. AGENDA OF THE SESSION Verbatim Record of the Fifty-Eighth Annual Session, Dar es Salaam, 2019 I. AGENDA OF THE SESSION I. Organizational Matters 1. Consideration and Adoption of the Agenda and Tentative Schedule of Meetings and Events 2. Election of the President and the Vice-President 3. Admission of New Members 4. Admission of Observers 5. Opening Speech of the President of AALCO 6. Report of the Secretary-General on the Work of AALCO 7. Release of AALCO Publications Yearbook of AALCO Volume XVI 2018 AALCO Journal of International Law 2017 & 2018 Newsletters Vol 11 (2) & Vol 12 (1) Special Study on “Special Study on “Violation of International Law in Palestine and Other Occupied Territories by Israel and the Legal Status of Jerusalem” 8. Presentation of Draft Budget for 2020 9. Report on the Work of the AALCO’s Regional Arbitration Centres 10. Report of the Chair on the 4th Working Group on International Law in Cyberspace 11. Venue of the Fifty-Ninth Annual Session II. Substantive Matters 1. Topics on the Agenda of the International Law Commission 2. Law of the Sea (a) BBNJ (b) Issues related to the Freedom of Navigation/sail in the International Waters and Straits (c) Preventing and Combatting Illegal, Unregulated and Unreported (IUU) Fishing 3.