General Assembly

Distr. GENERAL  

2 March 1988

ORIGINAL:
ENGLISH

                                                       A/RES/42/229
                                                       104th plenary meeting
                                                       2 March 1988
 
         Report of the Committee on Relations with the Host Country
 
                                      A
     The General Assembly,
 
     Having considered the reports of the Secretary-General of 10 and
25 February 1988,
 
     Recalling its resolution 42/210 B of 17 December 1987,
 
     Reaffirming the applicability to the Permanent Observer Mission of the
Palestine Liberation Organization to the United Nations in New York of the
provisions of the Agreement between the United Nations and the United States
of America regarding the Headquarters of the United Nations, dated
26 June 1947,
 
     Having been apprised of the provisions of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989, which was signed on
22 December 1987, Title X of which establishes certain prohibitions regarding
the Palestine Liberation Organization, inter alia, a prohibition "to establish
or maintain an office, headquarters, premises, or other facilities or
establishments within the jurisdiction of the United States at the
behest or direction of, or with funds provided by the Palestine
Liberation Organization or any of its constituent groups, any successor
to any of those, or any agents thereof",
 
     Bearing in mind that that provision takes effect on 21 March 1988,
 
     Taking note of the position of the Secretary-General in which he
concluded that a dispute existed between the United Nations and the United
States of America concerning the interpretation or application of the
Headquarters Agreement,
 
     Noting that the Secretary-General invoked the dispute settlement
procedure set out in section 21 of the Agreement and proposed that the
negotiations phase of the procedure commence on 20 January 1988,
 
     Noting also from the report of the Secretary-General of
10 February 1988 that the United States was not in a position and was not
willing to enter formally into the dispute settlement procedure under
section 21 of the Headquarters Agreement, that the United States was still
evaluating the situation, and that the Secretary-General had sought assurances
that the present arrangements for the Permanent Observer Mission of the
Palestine Liberation Organization would not be curtailed or otherwise
affected,
 
     Affirming that the United States of America, the host country, is under a
legal obligation to enable the Permanent Observer Mission of the Palestine
Liberation Organization to establish and maintain premises and adequate
functional facilities and to enable the personnel of the Mission to enter and
remain in the United States to carry out their official functions,
 
     1.   Supports the efforts of the Secretary-General and expresses its
great appreciation for his reports;
 
     2.   Reaffirms that the Permanent Observer Mission of the Palestine
Liberation Organization to the United Nations in New York is covered by the
provisions of the Agreement between the United Nations and the United States
of America regarding the Headquarters of the United Nations and that it
should be enabled to establish and maintain premises and adequate functional
facilities and that the personnel of the Mission should be enabled to enter
and remain in the United States of America to carry out their official
functions;
 
     3.   Considers that the application of Title X of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989, in a manner inconsistent with
paragraph 2 above would be contrary to the international legal obligations of
the host country under the Headquarters Agreement;
 
     4.   Considers that a dispute exists between the United Nations and the
United States of America, the host country, concerning the interpretation or
application of the Headquarters Agreement, and that the dispute settlement
procedure set out in section 21 of the Agreement should be set in operation;
 
     5.   Calls upon the host country to abide by its treaty obligations under
the Agreement and to provide assurance that no action will be taken that would
infringe on the current arrangements for the official functions of the
Permanent Observer Mission of the Palestine Liberation Organization to the
United Nations in New York;
 
     6.   Requests the Secretary-General to continue in his efforts in
pursuance of the provisions of the Agreement, in particular section 21
thereof, and to report without delay to the Assembly;
 
     7.   Decides to keep the matter under active review.
 
                                      B
     The General Assembly,
 
     Recalling its resolution 42/210 B of 17 December 1987 and bearing in mind
its resolution 42/229 A above,
 
     Having considered the reports of the Secretary-General of 10 and
25 February 1988,
 
     Affirming the position of the Secretary-General that a dispute exists
between the United Nations and the host country concerning the interpretation
or application of the Agreement between the United Nations and the United
States of America regarding the Headquarters of the United Nations, dated
26 June 1947, and noting his conclusions that attempts at amicable
settlement were deadlocked and that he had invoked the arbitration procedure
provided for in section 21 of the Agreement by nominating an arbitrator and
requesting the host country to nominate its own arbitrator,
 
     Bearing in mind the constraints of time that require the immediate
implementation of the dispute settlement procedure in accordance with
section 21 of the Agreement,
 
     Noting from the report of the Secretary-General of 10 February 1988
that the United States of America was not in a position and was not willing to
enter formally into the dispute settlement procedure under section 21 of the
Headquarters Agreement and that the United States was still evaluating the
situation,
 
     Taking into account the provisions of the Statute of the International
Court of Justice, in particular Articles 41 and 68 thereof,
 
     Decides, in accordance with Article 96 of the Charter of the United
Nations, to request the International Court of Justice, in pursuance of
Article 65 of the Statute of the Court, for an advisory opinion on the
following question, taking into account the time constraint:
 
In the light of facts reflected in the reports of the Secretary-General,
is the United States of America, as a party to the Agreement between
the United Nations and the United States of America regarding the
Headquarters of the United Nations, under an obligation to enter into
arbitration in accordance with section 21 of the Agreement?