United Nations

A/RES/50/50


General Assembly

Distr. GENERAL  
50th session
29 January 1996


Fiftieth session
Agenda item 145


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

         [on the report of the Sixth Committee (A/50/642 and Corr.1)]


            50/50.   United Nations Model Rules for the
                     Conciliation of Disputes between States


      The General Assembly,

      Considering that conciliation is among the methods for the
settlement of disputes between States enumerated by the Charter of the
United Nations in Article 33, paragraph 1, that it has been provided
for in numerous treaties, bilateral as well as multilateral, for the
settlement of such disputes, and that it has proved its usefulness in
practice,

      Convinced that the establishment of model rules for the
conciliation of disputes between States which incorporate the results
of the most recent scholarly work and of experience in the field of
international conciliation, as well as a number of innovations which
can with advantage be made in the traditional practice in that area,
can contribute to the development of harmonious relations between
States,

      1.    Commends the Special Committee on the Charter of the United
Nations and on the Strengthening of the Role of the Organization for
having completed the final text of the United Nations Model Rules for
the Conciliation of Disputes between States;  1/

      2.    Draws to the attention of States the possibility of applying
the Model Rules, the text of which is annexed hereto, whenever a
dispute has arisen between States which it has not been possible to
solve through direct 
negotiations;

      3.    Requests the Secretary-General, to the extent possible and
in accordance with the relevant provisions of the Model Rules, to lend
his assistance to the States resorting to conciliation on the basis of
those Rules;

      4.    Also requests the Secretary-General to make the necessary
arrangements to distribute to Governments the text of the present
resolution, including the annex.

                                                          87th plenary meeting
                                                              11 December 1995


                                     ANNEX

                United Nations Model Rules for the Conciliation
                          of Disputes between States


                                   CHAPTER I

                           APPLICATION OF THE RULES

                                   Article 1

1.    These rules apply to the conciliation of disputes between States
where those States have expressly agreed in writing to their
application.

2.    The States which agree to apply these rules may at any time,
through mutual agreement, exclude or amend any of their provisions.


                                  CHAPTER II

                  INITIATION OF THE CONCILIATION PROCEEDINGS

                                   Article 2

1.    The conciliation proceedings shall begin as soon as the States
concerned (henceforth:  the parties) have agreed in writing to the
application of the present rules, with or without amendments, as well
as on a definition of the subject of the dispute, the number and
emoluments of members of the conciliation commission, its seat and the
maximum duration of the proceedings, as provided in article 24.  If
necessary, the agreement shall contain provisions concerning the
language or languages in which the proceedings are to be conducted and
the linguistic services required.

2.    If the States cannot reach agreement on the definition of the
subject of the dispute, they may by mutual agreement request the
assistance of the Secretary-General of the United Nations to resolve
the difficulty.  They may also by mutual agreement request his
assistance to resolve any other difficulty that they may encounter in
reaching an agreement on the modalities of the conciliation
proceedings.


                                  CHAPTER III

                    NUMBER AND APPOINTMENT OF CONCILIATORS

                                   Article 3

      There may be three conciliators or five conciliators.  In either
case the conciliators shall form a commission.

                                   Article 4

      If the parties have agreed that three conciliators shall be
appointed, each one of them shall appoint a conciliator, who may not
be of its own nationality.  The parties shall appoint by mutual
agreement the third conciliator, who may not be of the nationality of
any of the parties or of the other conciliators.  The third
conciliator shall act as president of the commission.  If he is not
appointed within two months of the appointment of the conciliators
appointed individually by the parties, the third conciliator shall be
appointed by the Government of a third State chosen by agreement
between the parties or, if such agreement is not obtained within two
months, by the President of the International Court of Justice.  If
the President is a national of one of the parties, the appointment
shall be made by the Vice-President or the next member of the Court in
order of seniority who is not a national of the parties.  The third
conciliator shall not reside habitually in the territory of the
parties or be or have been in their service.

                                   Article 5

1.    If the parties have agreed that five conciliators should be
appointed, each one of them shall appoint a conciliator who may be of
its own nationality.  The other three conciliators, one of whom shall
be chosen with a view to his acting as president, shall be appointed
by agreement between the parties from among nationals of third States
and shall be of different nationalities.  None of them shall reside
habitually in the territory of the parties or be or have been in their
service.  None of them shall have the same nationality as that of the
other two conciliators.

2.    If the appointment of the conciliators whom the parties are to
appoint jointly has not been effected within three months, they shall
be appointed by the Government of a third State chosen by agreement
between the parties or, if such an agreement is not reached within
three months, by the President of the International Court of Justice. 
If the President is a national of one of the parties, the appointment
shall be made by the Vice-President or the next judge in order of
seniority who is not a national of the parties.  The Government or
member of the International Court of Justice making the appointment
shall also decide which of the three conciliators shall act as
president.

3.    If, at the end of the three-month period referred to in the
preceding paragraph, the parties have been able to appoint only one or
two conciliators, the two conciliators or the conciliator still
required shall be appointed in the manner described in the preceding
paragraph.  If the parties have not agreed that the conciliator or one
of the two conciliators whom they have appointed shall act as
president, the Government or member of the International Court of
Justice appointing the two conciliators or the conciliator still
required shall also decide which of the three conciliators shall act
as president.

4.    If, at the end of the three-month period referred to in
paragraph 2 of this article, the parties have appointed three
conciliators but have not been able to agree which of them shall act
as president, the president shall be chosen in the manner described in
that paragraph.

                                   Article 6

      Vacancies which may occur in the commission as a result of death,
resignation or any other cause shall be filled as soon as possible by
the method established for appointing the members to be replaced.


                                  CHAPTER IV

                            FUNDAMENTAL PRINCIPLES

                                   Article 7

      The commission, acting independently and impartially, shall
endeavour to assist the parties in reaching an amicable settlement of
the dispute.  If no settlement is reached during the consideration of
the dispute, the commission may draw up and submit appropriate
recommendations to the parties for consideration.


                                   CHAPTER V

                    PROCEDURES AND POWERS OF THE COMMISSION

                                   Article 8

      The commission shall adopt its own procedure.

                                   Article 9

1.    Before the commission begins its work, the parties shall
designate their agents and shall communicate the names of such agents
to the president of the commission.  The president shall determine, in
agreement with the parties, the date of the commission's first
meeting, to which the members of the commission and the agents shall
be invited.

2.    The agents of the parties may be assisted before the commission
by counsel and experts appointed by the parties.

3.    Before the first meeting of the commission, its members may meet
informally with the agents of the parties, if necessary, accompanied
by the appointed counsel and experts to deal with administrative and
procedural matters.

                                  Article 10

1.    At its first meeting, the commission shall appoint a secretary.

2.    The secretary of the commission shall not have the nationality of
any of the parties, shall not reside habitually in their territory and
shall not be or have been in the service of any of them.  He may be a
United Nations official if the parties agree with the Secretary-
General on the conditions under which the official will exercise these
functions.

                                  Article 11

1.    As soon as the information provided by the parties so permits,
the commission, having regard, in particular, to the time-limit laid
down in article 24, shall decide in consultation with the parties
whether the parties should be invited to submit written pleadings and,
if so, in what order and within what time-limits, as well as the dates
when, if necessary, the agents and counsel will be heard.  The
decisions taken by the commission in this regard may be amended at any
later stage of the proceedings.

2.    Subject to the provisions of article 20, paragraph 1, the
commission shall not allow the agent or counsel of one party to attend
a meeting without having also given the other party the opportunity to
be represented at the same meeting.

                                  Article 12

      The parties, acting in good faith, shall facilitate the
commission's work and, in particular, shall provide it to the greatest
possible extent with whatever documents, information and explanations
may be relevant.

                                  Article 13

1.    The commission may ask the parties for whatever relevant
information or documents, as well as explanations, it deems necessary
or useful.  It may also make comments on the arguments advanced as
well as the statements or proposals made by the parties.

2.    The commission may accede to any request by a party that persons
whose testimony it considers necessary or useful be heard, or that
experts be consulted.

                                  Article 14

      In cases where the parties disagree on issues of fact, the
commission may use all means at its disposal, such as the joint expert
advisers mentioned in article 15, or consultation with experts, to
ascertain the facts.

                                  Article 15

      The commission may propose to the parties that they jointly
appoint expert advisers to assist it in the consideration of technical
aspects of the dispute.  If the proposal is accepted, its
implementation shall be conditional upon the expert advisers being
appointed by the parties by mutual agreement and accepted by the
commission and upon the parties fixing their emoluments.

                                  Article 16

      Each party may at any time, at its own initiative or at the
initiative of the commission, make proposals for the settlement of the
dispute.  Any proposal made in accordance with this article shall be
communicated immediately to the other party by the president, who may,
in so doing, transmit any comment the commission may wish to make
thereon.

                                  Article 17

      At any stage of the proceedings, the commission may, at its own
initiative or at the initiative of one of the parties, draw the
attention of the parties to any measures which in its opinion might be
advisable or facilitate a settlement.

                                  Article 18

      The commission shall endeavour to take its decisions unanimously
but, if unanimity proves impossible, it may take them by a majority of
votes of its members.  Abstentions are not allowed.  Except in matters
of procedure, the presence of all members shall be required in order
for a decision to be valid.

                                  Article 19

      The commission may, at any time, ask the Secretary-General of the
United Nations for advice or assistance with regard to the
administrative or procedural aspects of its work.


                                  CHAPTER VI

                  CONCLUSION OF THE CONCILIATION PROCEEDINGS

                                  Article 20

1.    On concluding its consideration of the dispute, the commission
may, if full settlement has not been reached, draw up and submit
appropriate recommendations to the parties for consideration.  To that
end, it may hold an exchange of views with the agents of the parties,
who may be heard jointly or separately.

2.    The recommendations adopted by the commission shall be set forth
in a report communicated by the president of the commission to the
agents of the parties, with a request that the agents inform the
commission, within a given period, whether the parties accept them. 
The president may include in the report the reasons which, in the
commission's view, might prompt the parties to accept the
recommendations submitted.  The commission shall refrain from
presenting in its report any final conclusions with regard to facts or
from ruling formally on issues of law, unless the parties have jointly
asked it to do so.

3.    If the parties accept the recommendations submitted by the
commission, a proce`s-verbal shall be drawn up setting forth the
conditions of acceptance.  The proce`s-verbal shall be signed by the
president and the secretary.  A copy thereof signed by the secretary
shall be provided to each party.  This shall conclude the proceedings.

4.    Should the commission decide not to submit recommendations to the
parties, its decision to that effect shall be recorded in a proce`s-
verbal signed by the president and the secretary.  A copy thereof
signed by the secretary shall be provided to each party.  This shall
conclude the proceedings.

                                  Article 21

1.    The recommendations of the commission will be submitted to the
parties for consideration in order to facilitate an amicable
settlement of the dispute.  The parties undertake to study them in
good faith, carefully and objectively.

2.    If one of the parties does not accept the recommendations and the
other party does, it shall inform the latter, in writing, of the
reasons why it could not accept them.

                                  Article 22

1.    If the recommendations are not accepted by both parties but the
latter wish efforts to continue in order to reach agreement on
different terms, the proceedings shall be resumed.  Article 24 shall
apply to the resumed proceedings, with the relevant time-limit, which
the parties may, by mutual agreement, shorten or extend, running from
the commission's first meeting after resumption of the proceedings.

2.    If the recommendations are not accepted by both parties and the
latter do not wish further efforts to be made to reach agreement on
different terms, a proce`s-verbal signed by the president and the
secretary of the commission shall be drawn up, omitting the proposed
terms and indicating that the parties were unable to accept them and
do not wish further efforts to be made to reach agreement on different
terms.  The proceedings shall be concluded when each party has
received a copy of the proce`s-verbal signed by the secretary.

                                  Article 23

      Upon conclusion of the proceedings, the president of the
commission shall, with the prior agreement of the parties, deliver the
documents in the possession of the secretariat of the commission
either to the Secretary-General of the United Nations or to another
person or entity agreed upon by the parties.  Without prejudice to the
possible application of article 26, paragraph 2, the confidentiality
of the documents shall be preserved.

                                  Article 24

      The commission shall conclude its work within the period agreed
upon by the parties.  Any extension of this period shall be agreed
upon by the parties.


                                  CHAPTER VII

            CONFIDENTIALITY OF THE COMMISSION'S WORK AND DOCUMENTS

                                  Article 25

1.    The commission's meetings shall be closed.  The parties and the
members and expert advisers of the commission, the agents and counsel
of the parties, and the secretary and the secretariat staff, shall
maintain strictly the confidentiality of any documents or statements,
or any communication concerning the progress of the proceedings unless
their disclosure has been approved by both parties in advance.

2.    Each party shall receive, through the secretary, certified copies
of any minutes of the meetings at which it was represented.

3.    Each party shall receive, through the secretary, certified copies
of any documentary evidence received and of experts' reports, records
of investigations and statements by witnesses.

                                  Article 26

1.    Except with regard to certified copies referred to in article 25,
paragraph 3, the obligation to respect the confidentiality of the
proceedings and of the deliberations shall remain in effect for the
parties and for members of the commission, expert advisers and
secretariat staff after the proceedings are concluded and shall extend
to recommendations and proposals which have not been accepted.

2.    Notwithstanding the foregoing, the parties may, upon conclusion
of the proceedings and by mutual agreement, make available to the
public all or some of the documents that in accordance with the
preceding paragraph are to remain confidential, or authorize the
publication of all or some of those documents.


                                 CHAPTER VIII

              OBLIGATION NOT TO ACT IN A MANNER WHICH MIGHT HAVE
                     AN ADVERSE EFFECT ON THE CONCILIATION

                                  Article 27

      The parties shall refrain during the conciliation proceedings
from any measure which might aggravate or widen the dispute.  They
shall, in particular, refrain from any measures which might have an
adverse effect on the recommendations submitted by the commission, so
long as those recommendations have not been explicitly rejected by
either of the parties.


                                  CHAPTER IX

               PRESERVATION OF THE LEGAL POSITION OF THE PARTIES

                                  Article 28

1.    Except as the parties may otherwise agree, neither party shall be
entitled in any other proceedings, whether in a court of law or before
arbitrators or before any other body, entity or person, to invoke any
views expressed or statements, admissions or proposals made by the
other party in the conciliation proceedings, but not accepted, or the
report of the commission, the recommendations submitted by the
commission or any proposal made by the commission, unless agreed to by
both parties.

12.   Acceptance by a party of recommendations submitted by the
commission in no way implies any admission by it of the considerations
of law or of fact which may have inspired the recommendations.


                                   CHAPTER X

                                     COSTS

                                  Article 29

      The costs of the conciliation proceedings and the emoluments of
expert advisers appointed in accordance with article 15, shall be
borne by the parties in equal shares.


                                     Note

1/            Official Records of the General Assembly, Fiftieth
Session, Supplement No. 33 (A/50/33), chap. V, sect. A.

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