1 sessions of the General Assembly and resulted in General Assembly Eesolutions 478 (V), 45 A.J.I.L. Supp. 13 (1951), and 598 (VI), 46 A.J.I.L. Supp. 66 (1952). For an illuminating analysis of these discussions, see W. W. Cox, ‘ ‘ Eeservations to Multipartite Conventions,” 1952 Proceedings, American Society of International Law 26. See also Holloway, Les Réserves dans les Traités Internationaux 133-252 (Paris, 1958), for a detailed and critical account of the 1951 and 1952 debates.

2 U.N. Doc. A/4188.

3 TJ.N. Doc. A/4235, Annex I (text of Indian instrument of acceptance).

4 Doc. IMCO/A.I, Resolution 5, adopted Jan. 12, 1959. See also U.N. Doc. A/4235, pars. 5-7.

5 Ibid., par. 8. Two IMCO members, France and the Federal Republic of Germany, objected to the Indian acceptance. Ibid., Annexes II and IV.

6 Statement of Mr. Pathak (representative of India), General Assembly, 14th Sess., Official Records, 6th Committee, 614th Meeting.

7 U.N. Doc. A/4235, pars. 12-30; statement of Mr. Stavropoulos (representative of the Secretary General), General Assembly, 14th Sess., Official Records, 6th Committee, 616th Meeting.

8 The Legal (Sixth) Committee devoted sixteen meetings to the subject between Oct. 19 and Nov. 9, 1959. See General Assembly, 14th Session, Official Records, 6th Committee, 614th to 629th Meetings. The citations below to the statements in the committee refer to these official records unless otherwise stated.

9 Ibid. See, for example, statements of Sir Gerald Fitzmaurice (United Kingdom), 623rd Meeting; Mr. Lachs (Poland), 625th Meeting; Mr. Amado (Brazil), 625th Meeting; Mr. Castafieda (Mexico), 626th Meeting; Mr. Nisot (Belgium), 627th Meeting; Mr. Cohen (Canada), 628th Meeting; Mr. Perera (Ceylon), 621st Meeting.\

10 Mr. Amado (Brazil), 625th Meeting.

11 lbid.

12 See, for example, statements of Mr. Morozov (U.S.S.R.), 615th Meeting; Mr. Castafieda (Mexico), 626th Meeting. The United States had taken a similar position in 1952 (General Assembly, 6th Sess., Official Records, 6th Committee, 266th Meeting, par. 37, 276th Meeting, par. 31), but it did not speak on this point in the recent debate.

13 See statements of Mr. Zeppos (Greece), 623rd Meeting; Mr. Amado (Brazil), 622nd Meeting; Sir Gerald Fitzmaurice (United Kingdom), 623rd Meeting; Mr. Holmback (Sweden), 624th Meeting; Mr. Gamboa (Philippines), 626th Meeting.

14 General Assembly Res. 1452A (XIV), adopted Dec. 7, 1959.

15 Report of the Sixth Committee, U.N. Doc. A/4311, par. 11. France, which had objected to the Indian declaration originally when it appeared to be a reservation, was a co-sponsor of the resolution welcoming the Indian clarification and favoring its participation in IMCO.

16 The United States, while agreeing that the Indian declaration should not be considered a reservation, abstained in the vote on the ground that the resolution amounted to interference by the General Assembly in IMCO matters. Mr. Cocke (U.S.A.), 622nd Meeting. But cf. Mr. El-Erian (United Arab Republic), 623rd Meeting, to the effect that the resolution as adopted ruled out any inference of interference in IMCO affairs.

17 General Assembly Res. 1452B (XIV), adopted Dec. 7, 1959.

18 U.N. Doe. A/4311, par. 19. The interpretation of the Secretariat as to its practice under the resolution was expressly agreed to by the co-sponsors of the resolution.

19 Ibid.

20 See statements of Mr. Pechota (Czechoslovakia), 623rd Meeting; Mr. Morozov (U.S.S.R.), 624th Meeting; Mr. Castaneda (Mexico), 626th Meeting; Mr. Nisot (Belgium), 627th Meeting.

21 Statements of Mr. Sperduti (Italy), 624th Meeting; Mr. Tuncel (Turkey), 624th Meeting; Sir Gerald Fitzmaurice (U.K.), 627th Meeting; Mr. Chayet (France), 627th Meeting; Mr. Cohen (Canada), 628th Meeting.

22 There was little reference in the debate to specific cases in which reservations had given rise to difficulty. The Report of the Secretary General had indicated that, subsequent to the question of the Genocide Convention which had been submitted to the International Court of Justice for an advisory opinion, no new dispute, apart from the specific question raised by India, had arisen in the eight years following the adoption of Res. 598 (VI), U.N. Doc. A/4235, pars. 34, 35. See also the statement of Mr. Cohea (Canada), 628th Meeting. In addition, Mr. Morozov (U.S.S.R.), 615th Meeting, adverted to his government's disagreement with the practice followed by the Secretary General with regard to the Soviet reservations recently made to the 1949 Convention on Road Traffic and Protocol on Road Signs and Signals. Reference was also made to problems that had arisen under treaties in respect of which governments and other inter-governmental organizations were depositaries, but specific data on these problems was not made available to the committee.

23 Statements of Mr. Seyersted (Norway), 618th Meeting, Sir Gerald Fitzmaurice (U.K.), 623rd Meeting, and Mr. Castaneda (Mexico), 626th Meeting, referring to constitutions establishing international organizations. Mr. Lachs (Poland), 625th Meeting, suggested that reservations were not admissible in respect of treaties which confirmed or gave precision to generally recognized principles of law.

24 Mr. Lachs (Poland), 625th Meeting. It was also maintained by several delegates that “unilateralism” had been rejected by the International Court in its advisory opinion. See Sir Gerald Fitzmaurice (U.K.), 623rd Meeting, and Mr. Sperduti (Italy), 624th Meeting.

25 Mr. Amado (Brazil), 627th Meeting; Mr. Castañeda (Mexico), 626th Meeting; and Mr. Nisot (Belgium), 627th Meeting.

26 Mr. Cohen (Canada), 628th Meeting, and Sir Gerald Fitzmaurice (U.K.), 623rd Meeting.

27 Mr. Zeppos (Greece), 623rd Meeting; Mr. Chayet (France), 627th Meeting; Mr. Cohen (Canada), 628th Meeting.

28 For example, Mr. Holmback (Sweden), 624th Meeting. Reference was also made to the proposals of Sir Hersch Lauterpacht, as special rapporteur of the International Law Commission for the Law of Treaties, regarding the use of committees of states or of a special chamber of the International Court of Justice for the determination of admissibility and compatibility. TT.N. Doc. A/CN.4/63, March 24, 1953.

29 Mr. Lachs (Poland), 625th Meeting.

30 Ibid. Cf. views of the U. S. representative at the sixth session of the General Assembly, loc. cit. note 12.

31 Lauterpacht, loc. cit. note 28, at p. 112.