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RULES OF PROC- OF THE LEGAL CW4ITTEE Doc 7669-LC1139 Addendum 2 22/9/67 At its Sixteenth Session Paris, September 1967, the Legal Committee amended a Rule 6 of its Rules of Procedure with effect from the Seventeenth Session as follows "Rule 6 Chairman and Vice-Chairmen The Committee shall elect at the end of every second session, from among the representatives of States, a Chairman and three Vice-Chairmen. Such officers shall hold office from the time of their election until their successors are duly elected. They shall not be eligible for re-election for the next succeeding term, I1 b the Spanish text of Rule 31b of its Rules of Procedure as follows "Ninguna moci6n podri ser retirada por su autor si una enmienda a la moci6n se ests discutiendo o ha sido adoptada, II Note An Adfi,endum to Doc 7669-LC/139, which was issued on 19 Jwe 1962, contains the text of Rule 28k, vhich is rznrqduced in the footnote zn page 4 below.
DOC' 7669-LC/139 Addendum 2 22/9/67 ORJIZATION AND WORKING METHODS OF THE LEGAL CMITTEE Note At its Sixteenth Session the Legal Committee considered it desirable that certain recommendations of the Assembly if'teenth Session concerning the organieaeiA and working methods of the Committee as well as certafh decisions of the Committee Sixteenth Session on the same subject be collected and made available to Members in a convenient form for example, in a part of a booklet containing the Constitution and Rules of Procedure of the Legal Committee. Pending the reprinting of that booklet, these recommendations and decisions are set forth below. a. RECOMMENDATIONS OF THE ASSEMBLY Fifteenth Session Extract from the Report of the Legal Commission of the Assembly Fifteenth Session, Montreal 1965 - Doc 8517,lS-LE/O. 1. Membership and seat of the Committee. The Commission unanimously decided that the Legal Cornittee should continue to remain open to representatives of all Contracting States and that there is no need to provide that the Committee would have a perma- nent seat in Montreal. 2. Sessions of the Conrmittee. The Commission agrees that it is not necessary that the Legal Conrmittee should hold permanent sessions. It did not adopt the recommendation of the Working Group that the Legal Committee should, if possible, meet twice a year instead of once a year as at present, whenever this is necessary in order for the Committee to keep its work up to date it consid- ered that this matter should be left for determination in accord- ance with the Committee's Rules of Procedure, which already permit more than one session per year to be held, if necessary. With new paragraph numbers.
DOC 7669-LC/139 a Addendum 2 22/9/67 3. Continuity of participation of delegates in work. The Commission proposes that the Assembly draw the attention of States to the desirability, in the interest of good progress in the work of the Legal Committee, of the participation by the same delegates, as far as possible, in all meetings concerning a specified question. 4. Establishment of national groups or teams of lawyers. The Commission also proposes that the attention of States should be drawn to the practice followed in some States where national groups or teams of lawyers have been established for consideration of items on the agenda of the Legal Committee. 5 Election of officers. The Legal Commission recommends that the Legal Committee should, instead of electing its Chairman and Vice-Chairmen at the beginning of a session of the Committee, elect these officers at the end of a session. The officers so elected would enter office immediately and hold office for the next two sessions. . 6 . Basic principles to be followed in the preparation of draft conventions. The Legal Commission egamined with interest the various principles which the Working Group of the Council suggested be followed in the preparation 02 draft corlventions see - A15-WP/23 LE/4, Attachment C-WP/4160, paras. 8 and 14 Reconi- mendation 6. It noted that some of these principles were in fact followed by the Legal Committee and that therefore it was unnecessary to direct the Committee to follow them. The Legal Commission found certain other of the principles suggested by the Working Group unacceptable. on their merits or, in some cases, as being too rigid. Finally, the Legal Commission decided to refer to the following principles as being important and recommended that the Legal Committee continue to observe them This proposal was brought to the attention of States in State Letter S 11/1-65/172, dated 7 September 1965. At its Sixteenth Session the Legal Committee aended Rule 6 cf its rule of Prscedure accordingly.
Doc 7669-LC/139 Addendum 2 -4- 22/9/67 1 Draft conventions placed before the Legal Committee by subcommittees should be consid- ered under the procedure found in Rule 281/ of the Committee's Rules of Procedure. 2 At all stages of the study of a subject the Legal Committee should make full use of the resources of the Legal Bureau. 3 Questionnaires should be used for the purpose of consulting States and international organi- zations, although they should be used sparingly. 7. Procedure for the preparation of draft conventions. The Legal Commission agreed that the procedure to be followed by the Legal Comittee for the preparation of draft conventions should be as indicated in the statement set forth in Attachment A hereto, noting that this is the same as the existing procedure with some minor changes. 8. Informal consultations amonE members of the Legal Committee. The Legal Commission notes with approval the practice of informal consultations between members of the Legal Committee before, during and after each session of the Committee with a view to reconciling possible divergent interests and reducing the occasions of an impasse or the number of cases where the Committee might take decisions by a narrow majority. 9. Roles of the Chairman and Legal Bureau. The Legal Com- mission considers that the Chairman of the Legal Committee and the Legal Bureau should be given an increasingly active role in pto- rnoting progress of the work of the Legal Committee. See, in particular, the following paragraphs . Uule 28A Texts by ubcoumittees Where a text for a draft convention has been prepared by a subcommittee and presented to the Committee, then, unless the Committee shall in any case by a two-thirds majority otherwise decide a the text so prepared shall be taken as the basis of discussion b any proposals in relation to the text so prepared shall be submitted in the form of amendments to the text.
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