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Committee would propose that a distinction be made
between recommendations providing for international
cooperation in matters of general interest and
recommendations changing the rules of international
law. International cooperation¹, as distinct from
the regulation of conflicting interests, appears
to be the specific objective of No. 6, and it would
seem desirable that the General Assembly should be
able to take decisions least in the field of
economic and social cooperation, without the
necessity of submitting the proposed measures for
ratification. The fact that the General Assembly is
required to make 'important decisions' by a two-
thirds vote would suggest the possibility of decisions
that are more than mere recommnendations, as well as
the further fact that recommendations facilitating
solutions of economic and social problems, provided
the convince
SERVICES
for in Chapter IX, are to be carried out by the
Economic and Social Council. The Juridical Committee
would recommend, therefore, that the terms of No. 6
be clarified so as to permit the adoption of recommen-
dations of this kind without the necessity of refer -
ring them to the governments for approval.
"In contrast to the recommendations above referred
to, providing for international cooperation in matters
of general interest, would be recommendations having
as their principal purpose a change in the rules of
international low. Action by the General Assembly
in this field does not appear to be contemplated by
the provisions of No. 6; but in view of the broad
phrasing of the provisions of this number, the
Juridical Committee believes it necessary to emphasize
that if the power of the General Assembly to make
recommendations is intended to include resolutions,
taking effect of themselves, such resolutions could
not go so fer as to have the effect of changing the
rules of international law in the sense of modifying
the established rights and duties of states. The
General Assembly might properly make recommendations
in this field, acting in this respect in the role
of an international conference for the codification
of international law. But all such reconmendations
should be referred to the separate states for
ratification in accordance with their constitutional
procedures. This was doubtless the intention of the
Proposals, since it is not to be believed that so
important a matter would have been left to be decided
in the opposite sense by mere inference from the
broad competence assigned to the General Assembly
under No. 6.
690
- 8 -
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"ocrText": "Committee would propose that a distinction be made\nbetween recommendations providing for international\ncooperation in matters of general interest and\nrecommendations changing the rules of international\nlaw. International cooperation¹, as distinct from\nthe regulation of conflicting interests, appears\nto be the specific objective of No. 6, and it would\nseem desirable that the General Assembly should be\nable to take decisions least in the field of\neconomic and social cooperation, without the\nnecessity of submitting the proposed measures for\nratification. The fact that the General Assembly is\nrequired to make 'important decisions' by a two-\nthirds vote would suggest the possibility of decisions\nthat are more than mere recommnendations, as well as\nthe further fact that recommendations facilitating\nsolutions of economic and social problems, provided\nthe convince\nSERVICES\nfor in Chapter IX, are to be carried out by the\nEconomic and Social Council. The Juridical Committee\nwould recommend, therefore, that the terms of No. 6\nbe clarified so as to permit the adoption of recommen-\ndations of this kind without the necessity of refer -\nring them to the governments for approval.\n\"In contrast to the recommendations above referred\nto, providing for international cooperation in matters\nof general interest, would be recommendations having\nas their principal purpose a change in the rules of\ninternational low. Action by the General Assembly\nin this field does not appear to be contemplated by\nthe provisions of No. 6; but in view of the broad\nphrasing of the provisions of this number, the\nJuridical Committee believes it necessary to emphasize\nthat if the power of the General Assembly to make\nrecommendations is intended to include resolutions,\ntaking effect of themselves, such resolutions could\nnot go so fer as to have the effect of changing the\nrules of international law in the sense of modifying\nthe established rights and duties of states. The\nGeneral Assembly might properly make recommendations\nin this field, acting in this respect in the role\nof an international conference for the codification\nof international law. But all such reconmendations\nshould be referred to the separate states for\nratification in accordance with their constitutional\nprocedures. This was doubtless the intention of the\nProposals, since it is not to be believed that so\nimportant a matter would have been left to be decided\nin the opposite sense by mere inference from the\nbroad competence assigned to the General Assembly\nunder No. 6.\n690\n- 8 -"
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