General Assembly

Distr. GENERAL  

11 December 1985

ORIGINAL:
ENGLISH

                                                      A/RES/40/65
                                                      11 December 1985
                                                      112th plenary meeting
 
                   Consideration of the draft articles on
                       most-favoured-nation clauses
 
     The General Assembly,
 
     Recalling its resolution 33/139 of 19 December 1978 relating to the
report of the International Law Commission on the work of its thirtieth
session, in particular section II of that resolution, as well as its
resolutions 35/161 of 15 December 1980, 36/111 of 10 December 1981 and 38/127
of 19 December 1983, entitled "Consideration of the draft articles on
most-favoured-nation clauses",
 
     Reaffirming its appreciation of the high quality of the work done by the
International Law Commission in elaborating a series of draft articles on
most-favoured-nation clauses,
 
     Bearing in mind the importance of facilitating international trade and
the development of economic co-operation among all States on the basis of
equality, mutual advantage and non-discrimination in the establishment of the
new international economic order,
 
     Bearing in mind also the complexity of codification or progressive
development of the international law on most-favoured-nation clauses at a time
of rapid development of new forms of economic co-operation, notably those in
favour of developing countries,
 
     Noting from the report of the Secretary-General that a limited number of
comments have been received, which seems to indicate that most Member States
are not yet in a position to decide how further to proceed in the
consideration of the draft articles on most-favoured-nation clauses,
 
     Considering that sufficient time should be given to Governments for a
thorough study of the draft articles and of the questions related to the
clauses in order that they may express themselves on the action that should be
taken regarding the draft articles,
 
     1.   Calls upon Member States, interested organs of the United Nations
and interested intergovernmental organizations to review the questions related
to the most-favoured-nation clauses and the draft articles thereon so that the
General Assembly, at its forty-third session, may decide on the action to be
taken on the draft articles;
 
     2.   Requests the Secretary-General to reiterate his invitation to Member
States and interested organs of the United Nations, as well as interested
intergovernmental organizations, to submit or bring up to date, not later than
31 March 1988, any written comments and observations which they deem
appropriate on the substance of the draft articles;
 
     3.   Also requests the Secretary-General to invite Member States to
comment on the most appropriate procedure for completing work on
most-favoured-nation clauses and on the forum for future discussion, bearing
in mind the suggestions and proposals made in the Sixth Committee, including
the suggestion to establish a working group of the Sixth Committee after one
of the existing working groups accomplishes its mandate;
 
     4.   Further requests the Secretary-General to submit to the General
Assembly at its forty-third session a report containing the comments and
observations received pursuant to paragraphs 2 and 3 above with a view to
taking a final decision on the procedure to be followed;
 
     5.   Decides to include in the provisional agenda of its forty-third
session the item entitled "Consideration of the draft articles on
most-favoured-nation clauses".