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General Assembly Session 56 meeting 39

Date7 November 2001
Started10:00
Ended13:55

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A-56-PV.39 2001-11-07 10:00 7 November 2001 [[7 November]] [[2001]] /
The President: Mr. Han Seung-soo (Republic of Korea)
In the absence of the President, Mr. Botnaru (Republic of Moldova), Vice-President, took the Chair.
The meeting was called to order at 10.15 a.m.
The Acting President

Before proceeding to the item on our agenda for this morning, I should like to make an announcement concerning the programme for Friday and Saturday, 9 and 10 November 2001.

I should like first to inform members that at noon on Friday, 9 November 2001, in the General Assembly Hall there will be an informal segment to hear eminent persons who have been selected by the Secretary-General to work for the Dialogue among Civilizations. Delegations are invited to attend this informal segment.

I should also like to inform members that at the plenary meeting to be held on Saturday, 10 November, at 9 a.m., the Secretary-General will make a statement at the outset of the meeting. May I also remind members that the time limit for statements in the general debate this year is 15 minutes.

Agenda item 16

Elections to fill vacancies in subsidiary organs

(a) Election of the members of the International Law Commission
Notes by the Secretary-General concerning the candidates (A/56/117 and Corr.1 and Add.1-3)
Note by the Secretary-General concerning the consolidated list of candidates (A/56/486 and Corr.1)
Notes by the Secretary-General concerning the statements of qualifications of candidates (A/56/124 and Add.1)
The Acting President

In accordance with the provisions of chapter I of the statute of the International Law Commission, the 34 members of the Commission are to be elected by the General Assembly for a five-year term of office, beginning on 1 January 2002, from a list of candidates nominated by the Governments of States Members of the United Nations. The members of the Commission are eligible for re-election. The present membership of the Commission is set out in the annex to document A/56/117 of 21 June 2001.

The notes by the Secretary-General concerning the candidates are contained in documents A/56/117 and Corr.1 and Add.1-3.

Members will recall that the Assembly, at its 31st plenary meeting, on 26 October 2001, decided to request the Secretary-General to issue a consolidated list incorporating new candidates and additional information on candidates received subsequent to the deadline for the submission of nominations.

In this connection, the Assembly now has before it the note by the Secretary-General contained in document A/56/486 of 30 October 2001 and Corr.1, which consolidates in alphabetical order the candidates nominated by Governments of States Members of the United Nations for election to the International Law Commission. There is a total of 45 candidates eligible in this election.

The notes by the Secretary-General concerning the statements of qualifications of candidates are contained in document A/56/124 and Add.1.

I should like to recall for members that, in accordance with the statute, the persons to be elected to the International Law Commission should individually possess the qualifications required. They should be "persons of recognized competence in international law". The statute also provides that in the Commission as a whole, representation of the main forms of civilization and of the principal legal systems of the world should be assured.

Pursuant to paragraph 3 of General Assembly resolution 36/39 of 18 November 1981, the 34 members should be elected as follows: nine nationals from African States, eight nationals from Asian States, three nationals from Eastern European States, six nationals from Latin American and Caribbean States, and eight nationals from Western European and other States. The ballot papers reflect this pattern.

I should like to inform members that the number of those candidates, not exceeding the number of seats to be filled, receiving the greatest number of votes and not less than a majority of the votes of the Member States present and voting shall be declared elected. In the case of a tie vote for a remaining seat, there will be a special restricted ballot limited to those candidates who have obtained an equal number of votes.

May I take it that the General Assembly agrees to that procedure?

It was so decided.
The Acting President

In accordance with rule 92 of the rules of procedure of the General Assembly, the election shall be held by secret ballot.

Before we begin the voting process, I should like to remind members that pursuant to rule 88 of the rules of procedure of the General Assembly, no representative shall interrupt the voting except on a point of order on the actual conduct of the vote.

Ballot papers marked A, B, C, D and E will now be distributed. I request the representatives to use only those ballot papers. Representatives are requested to place a cross to the left of the names of the candidates for whom they wish to vote. Representatives may vote only for those candidates whose names appear on the ballot papers, but for no more than the number of seats allocated to each region. A ballot paper containing more votes than the number of seats allocated to the relevant region will be declared invalid. Let me repeat: representatives are requested to place a cross to the left of the names of the candidates for whom they wish to vote. Representatives may vote only for those candidates whose names appear on the ballot papers, but for no more than the number of seats allocated to each region.

Accordingly, please ensure that the ballot papers marked A, for African States, do not contain votes for more than nine candidates; the ballot papers marked B, for Asian States, do not contain votes for more than eight candidates; the ballot papers marked C, for Eastern European States, do not contain votes for more than three candidates; the ballot papers marked D, for Latin American and Caribbean States, do not contain votes for more than six candidates; and the ballot papers marked E, for Western European and other States, do not contain votes for more than eight candidates.

At the invitation of the Acting President, Ms. Turnquest (Bahamas), Ms. Burke (Barbados), Mr. Trifunovi (Bosnia and Herzegovina), Ms. Hanson (Canada), Mr. Al-Awdi (Kuwait) and Mr. Kamara (Sierra Leone) acted as tellers.
A vote was taken by secret ballot.
The meeting was suspended at 11.40 a.m. and resumed at 1.10 p.m.
The Acting President --> -->
 
 
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   72 
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