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PROCEDURE AT INTERNATIONAL
CONFERENCES
This new edition is a comprehensive manual of the rules of procedurefor the conduct of business at the UN General Assembly, at internationalconferences and at assemblies of inter-governmental organisations suchas the IAEA, ICAO, ILO, IMO and WHO. It examines the legal basis ofthese rules, the history of their development and the attempts at theircodification. At the heart of the book is an examination of the practicalapplications of rules of procedure. Sabel also considers whether certainprocedural rules and applications have become so well established that theyhave now attained the status of customary international law. The book is ofinterest to those involved in international law, international relations andinternational organisations. It also serves as an indispensable practicalmanual for delegates to the UN General Assembly and to internationalinter-governmental conferences. Procedural rulings, updated to February2005, are quoted from the records of UN General Assembly meetings,from assemblies of international organisations and from treaty-makingconferences. In its first edition, this book was awarded a 1998 AmericanSociety of International Law ‘Special Award’.
robbie sabel is the former Legal Adviser and Deputy DirectorGeneral of the Israel Ministry of Foreign Affairs. He is a Visiting Professorof International Law at the Hebrew University Jerusalem and at Tel-AvivUniversity.
© Cambridge University Press www.cambridge.org
Cambridge University Press052183712X - Procedure at International Conferences: A Study of the Rules of Procedure atthe UN and at Inter-governmental Conferences, Second EditionRobbie SabelFrontmatterMore information
PROCEDURE AT
INTERNATIONAL
CONFERENCES
A study of the rules of procedure at the UN andat inter-governmental conferences
Second edition
ROBBIE SABEL
© Cambridge University Press www.cambridge.org
Cambridge University Press052183712X - Procedure at International Conferences: A Study of the Rules of Procedure atthe UN and at Inter-governmental Conferences, Second EditionRobbie SabelFrontmatterMore information
cambridge university pressCambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao Paulo
Cambridge University PressThe Edinburgh Building, Cambridge CB2 2RU, UK
Published in the United States of America by Cambridge University Press, New York
www.cambridge.orgInformation on this title: www.cambridge.org/9780521545556
C© Cambridge University Press 2006
This publication is in copyright. Subject to statutory exceptionand to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place withoutthe written permission of Cambridge University Press.
First published 1997 by Cambridge University PressThis edition published 2006
Printed in the United Kingdom at the University Press, Cambridge
A catalogue record for this publication is available from the British Library
Library of Congress Cataloguing in Publication dataSabel, Robbie.
Procedure at international conferences: a study of the rules ofprocedure of international inter-governmental conferences /
Robbie Sabel – 2nd ed.p. cm.
Includes bibliographical references.ISBN-13: 978-0-521-83712-5 hardback
ISBN-10: 0-521-83712-X hardbackISBN-13: 978-0-521-54555-6 (pbk.)
ISBN-10: 0-521-54555-2 (pbk.)1. Conference proceedings. 2. Congresses and conventions.
3. International agencies – Rules and practice. I. Title.JZ4850.S23 2006
060′.68–dc22 2005022417
ISBN-13 978-0-521-83712-5 hardbackISBN-10 0-521-83712-X hardback
ISBN-13 978-0-521-54555-6 paperbackISBN-10 0-521-54555-2 paperback
Cambridge University Press has no responsibility for the persistence or accuracy of URLs forexternal or third-party internet websites referred to in this publication, and does not guarantee
that any content on such websites is, or will remain, accurate or appropriate.
© Cambridge University Press www.cambridge.org
Cambridge University Press052183712X - Procedure at International Conferences: A Study of the Rules of Procedure atthe UN and at Inter-governmental Conferences, Second EditionRobbie SabelFrontmatterMore information
CONTENTS
Preface to the second edition page xxiList of abbreviations and conference references xxii
Introduction 1
1 Historical development of rules of procedure of conferencesand attempts to establish model rules 71.1 Development of conference rules of procedure 7
1.2 Proposals for drafting model codes of conference rules
of procedure 12
1.2.1 League of Nations codification 12
1.2.2 UN codification 15
2 Adoption of rules of procedure 192.1 The adoption of conference rules of procedure 19
2.2 The independence of an international conference 19
2.3 Independent right of conferences to adopt their own rules
of procedure 22
2.4 The majority required to approve rules of procedure 26
3 Rules of procedure and international law 313.1 The obligation of States attending a conference to comply with the
rules of procedure of that conference 31
3.1.1 Obligation of States to comply with the rules of procedure of an
assembly of an international organisation 31
3.1.2 Obligation of States at an international conference to comply
with the rules of procedure adopted at the conference 32
3.2 Are procedural precedents binding? 42
3.3 Disclaimers as to setting a precedent 48
v
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4 Invitations, participation and credentials 514.1 Invitation and participation 51
4.1.1 Who issues the invitations? 51
4.1.2 Participation of States 51
4.1.3 Participation of non-State entities 53
4.2 Credentials 58
4.2.1 Submission of credentials 59
4.2.2 Invalid credentials 60
4.2.3 Credentials committee 64
4.2.4 Which body should decide disputes as to credentials? 65
4.2.5 Provisional admission 66
4.2.6 Credentials of observer organisations 67
5 Presiding officer and other officers of the conference 685.1 Presiding officer 68
5.1.1 Appointment of presiding officer 68
5.1.2 The obligation of impartiality of the presiding
officer 72
5.1.3 Functions of the presiding officer 73
5.1.4 Right of presiding officer to change his decisions 93
5.2 Rapporteur 93
5.3 Secretariat 94
5.4 Vice-presidents of a conference or assembly 95
6 Meetings 966.1 Quorum 96
6.1.1 Quorum for a motion to adjourn a meeting 101
6.1.2 Is it sufficient that there be a quorum at the opening
of a meeting? 101
6.1.3 Calculating a quorum 101
6.1.4 Voting again in the absence of a quorum 102
6.2 Suspension or adjournment of meetings 103
6.2.1 Suspension or adjournment of a meeting ‘during the discussion
of any matter’ 104
6.2.2 Time limit for speaker moving suspension
or adjournment 104
6.3 Adjournment of a meeting 105
6.3.1 When can a motion for adjournment be proposed? 105
6.3.2 Adjournment of a meeting to a particular date 105
6.3.3 Adjournment of a meeting ‘during the discussion of
any matter’ 106
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contents vii
6.3.4 Interrupting a speaker to move adjournment
of a meeting 106
6.3.5 A representative who had requested the floor prior to the
motion for adjournment of the meeting 107
6.4 Suspension of a meeting 107
6.4.1 Suspension or adjournment of a meeting
during voting 108
6.5 Closed meetings 109
7 Statements by delegations 1107.1 The right of representatives to speak 110
7.1.1 Limiting the number of times a representative
may speak 111
7.1.2 Length of statements 113
7.1.3 Limiting the number of speakers 114
7.1.4 Statements by observers 115
7.1.5 List of speakers 115
7.1.6 Closing the list of speakers 117
7.2 Right of reply 120
7.2.1 Discretion of president to grant right of reply 121
7.2.2 Right of reply and closure of debate 123
7.2.3 At what stage of a debate can the right of reply
be exercised? 123
7.2.4 Right of reply by observers 125
7.2.5 Right of reply to statements made by heads of State and
non-delegates 126
7.2.6 Relevance of right of reply 127
7.2.7 Time limit on right of reply 127
7.2.8 Under what circumstances does a right of reply arise? 128
7.2.9 Limit on number of interventions in exercise
of right of reply 130
7.2.10 Right of reply to explanation of vote 131
7.2.11 Right of reply to a statement made in right of reply 131
7.2.12 Closure of debate on right of reply 131
7.3 Explanation of vote 132
7.3.1 Discretion of president to allow explanation of vote 133
7.3.2 Explanation of vote on procedural motions 134
7.3.3 Explanation of vote on motions to adjourn the debate or close
the debate 134
7.3.4 Explanation of vote on motions to adjourn or suspend a
meeting 135
7.3.5 Length of explanations of vote 135
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viii contents
7.3.6 Explanation of vote by proposer 136
7.3.7 Discretion of conference or assembly to allow proposer
to explain a vote 137
7.3.8 Explanation of vote by proposer voting against the resolution
or withdrawing sponsorship 138
7.3.9 Explanation of vote on a resolution proposed
by a committee 138
7.3.10 Explanation of vote by co-sponsor 138
7.3.11 Explanation of vote on a consensus 139
7.3.12 Explanation of vote on a secret ballot 139
7.3.13 Explanation of vote on non-participation in voting 139
7.3.14 Explanation of vote should not include comments on other
delegations 140
7.3.15 Explanation of vote on voting taken paragraph
by paragraph 140
7.3.16 Explanation of vote by a representative of an
inter-governmental organisation 140
7.3.17 When to explain a vote? 140
7.3.18 Explanation of vote after the list of speakers
has been closed 141
7.4 Offensive or irrelevant statements 141
7.5 Clarity of speech 143
7.6 Personal attacks 143
7.7 Speaking to substance on procedural motions 143
8 Submission of proposals 1458.1 The difference between proposals and motions 145
8.2 Order of discussion of proposals 146
8.3 Sponsors 146
8.3.1 Limitation on number of sponsors 146
8.3.2 Agreement to join list of sponsors 147
8.3.3 Withdrawal of sponsorship 148
8.3.4 Seconding of motions 149
8.4 Notice of proposals 150
8.4.1 Notice of submission of written proposals 150
8.4.2 Notice of procedural motions 151
8.4.3 Notice of substantive proposals 153
8.4.4 Discretion of presiding officer to allow discussion of
amendments submitted without due notice 154
8.4.5 Discretion of presiding officer to allow voting on amendments
submitted without due notice 154
8.4.6 Substantive proposals submitted without due notice 155
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8.4.7 Practice in international conferences regarding discussion and
voting on substantive proposals and amendments submitted
without due notice 156
8.4.8 Practice in UN bodies regarding dispensing with the
need for due notice of submission of substantive
amendments 161
8.4.9 Summary as to requirement that motions be in writing and
due notice be given of their submission 163
8.4.10 Procedural motions to enforce the rule on due notice 164
8.5 Time limits for submission of amendments and proposals 164
8.6 Time limit for submission of sub-amendments 165
8.7 Revision of proposals by the sponsors 165
8.8 Submission of proposals by the secretariat? 166
8.9 Submission of proposals by observers 166
8.10 Decisions on competence of a conference to deal with
an issue 168
8.10.1 Can legal counsel give an opinion on competence? 170
8.10.2 Voting procedure on a question of competence 171
8.10.3 A vote on competence regarding part of a proposal 171
8.10.4 Priority as between a motion on competence and a motion for
inclusion in the agenda 172
8.10.5 Debating a motion on competence in the UN General
Assembly 172
8.10.6 Competence of conferences to discuss an issue as opposed to
competence to vote on an issue 173
8.11 Basic texts 175
9 Adjournment and closure of debate 1779.1 Adjournment of debate 177
9.1.1 Effect of adjourning the debate 177
9.1.2 A motion not to take a vote on a proposal as a motion for
adjournment of debate 179
9.1.3 Difference between a motion not to vote and a motion to
adjourn the debate 180
9.1.4 A motion to ‘refrain from making a decision’ as a motion for
adjournment of debate 180
9.1.5 A motion for ‘postponement of consideration’ as a motion for
adjournment of debate 180
9.1.6 Is a motion for postponement synonymous with a motion for
adjournment of debate? 181
9.1.7 A motion to adjourn a vote as a motion for adjournment
of debate 182
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9.1.8 A motion for referral as a motion for adjournment
of debate 182
9.1.9 A motion to adjourn the debate after the debate is completed
and before voting 182
9.1.10 A motion to adjourn the debate on a resolution until
completion of discussion on another resolution 183
9.1.11 A motion to adjourn the debate on a procedural
motion 183
9.1.12 A single motion to adjourn the debate on two separate
resolutions 184
9.1.13 What is ‘an item under discussion’ for purposes of
adjournment of debate? 184
9.1.14 Adjournment of debate on specific proposals or
amendments 185
9.1.15 Limits on number of speakers on a motion to adjourn the
debate 187
9.2 Closure of debate 188
9.2.1 Closure of debate and protection of minority 189
9.2.2 Motion for immediate vote as motion for closure 190
9.2.3 What is an item under discussion for purposes of closure
of debate? 191
9.2.4 Process of voting on a motion for closure 191
9.2.5 Voting on proposals after adoption of a motion
for closure 191
9.2.6 Right of reply after closure of debate 192
9.2.7 Explanation of vote after closure of debate 193
9.2.8 Right to complete a statement after closure
of debate 194
9.2.9 Speakers who had requested the floor before the closure
of debate 195
9.2.10 Right of proposer, after closure of debate, to introduce a
previously submitted proposal 196
9.2.11 Right of proposer to reply to questions after closure
of debate 197
9.2.12 Right to propose procedural motions after closure
of debate 197
9.2.13 Submission of amendments after closure of debate 198
9.2.14 Submission of sub-amendments after closure
of debate 199
9.2.15 Closure of debate and revision of amendments 199
9.2.16 Closure of debate before its commencement 200
9.2.17 Closure of debate on points of order 200
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contents xi
10 Amendments 20110.1 Distinguishing between separate proposals and
amendments 201
10.1.1 Definition by the Legal Counsel of the UN as to the
difference between amendments and separate
proposals 203
10.1.2 Practice regarding distinguishing between amendments
and separate proposals 203
10.1.3 Can an amendment call for the removal of the substance of
a proposal? 207
10.1.4 Can an amendment call for deferment
of discussion? 208
10.1.5 Can an amendment call for taking no decision on a
committee report? 209
10.1.6 Can an amendment call for referring an issue to a different
committee? 209
10.1.7 Can an amendment call for deleting some existing
paragraphs, revising others and adding a new
paragraph? 210
10.1.8 Can a separate proposal be transformed into an
amendment? 211
10.1.9 How are decisions made whether a proposal is an
amendment to another proposal? 211
10.1.10 Adoption of an amendment by the proposer 212
10.1.11 Presenting an amendment before presenting the
resolution itself 212
10.1.12 A series of amendments as a package 212
10.2 An inadvertent oral amendment 213
10.3 Amendments to procedural motions 213
10.4 Revising amendments by proposer 214
10.5 Voting on an amended proposal 215
10.6 Prohibition of amendments 215
10.7 Sub-amendments 216
10.7.1 Adoption of a sub-amendment and subsequent rejection
of the amendment itself 218
10.7.2 Adoption of a sub-amendment implying rejection of
another sub-amendment that had been accepted by the
sponsors of the original amendment 219
11 Withdrawal and reconsideration of motions 22011.1 Withdrawal of motions 220
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11.1.1 Withdrawal of a motion adopted by a committee 220
11.1.2 Withdrawal of part of a motion 221
11.1.3 Resubmitting a proposal previously withdrawn 221
11.1.4 Time limits for withdrawal 222
11.1.5 Agreement by all sponsors for withdrawal 222
11.1.6 Meaning of the qualification that the motion ‘has not been
amended’ 222
11.1.7 A motion not to vote on a proposal as an alternative
to withdrawal 224
11.2 Reconsideration of proposals 225
11.2.1 Majority required for reconsideration 225
11.2.2 Reconsideration in committees 226
11.2.3 Reconsideration in regard to proposals in different
committees 229
11.2.4 Reconsideration in plenary of decisions
of committees 229
11.2.5 Is it a reconsideration when there is a request for a separate
vote on part of a text on which there had been a previous
request for a separate vote? 229
11.2.6 Is it reconsideration to request a separate vote on a text
when an amendment for deletion of the text has been
defeated? 230
11.2.7 Is a request to vote again, due to misunderstandings during
the vote, a request for reconsideration? 231
11.2.8 Is voting again due to discrepancy in language versions to
be considered a reconsideration? 233
11.2.9 Is a motion to vote on an amendment inadvertently
not voted on to be considered a motion to
reconsider? 233
11.2.10 Recounting the vote as reconsideration 234
11.2.11 Is a motion not to discuss an item inscribed on the agenda
a motion for reconsideration? 234
11.2.12 Where a decision has been taken not to inscribe an item on
the agenda, is a draft resolution on that item a motion for
reconsideration? 234
11.2.13 Is a motion to change the order of items in an agenda a
reconsideration of the adoption of the agenda? 235
11.2.14 Is a motion for adjournment of debate a motion
for reconsideration of the decision to hold the
debate? 235
11.2.15 Reconsideration of invitations to multi-session
conferences 236
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11.2.16 Can a conference decide to reserve the right to reconsider
an item in the future? 237
11.2.17 Where there has been a vote on a proposal, is it
reconsideration to then convene a discussion
group? 238
11.2.18 Relocation of part of a paragraph as
reconsideration 238
11.2.19 An interpretive vote as reconsideration 238
11.2.20 After a motion not to vote on a resolution has been
defeated, is it reconsideration to move that the conference
is not competent to discuss the issue? 239
11.3 Reconsideration of amendments 239
11.3.1 Where an amended basic text is defeated, is it
reconsideration to revert to the original
basic text? 241
11.4 Reconsideration of procedural decisions 242
11.4.1 Does the rule on reconsideration apply to motions for
adjournment or suspension? 243
11.4.2 Does the rule on reconsideration apply to motions to
suspend the rules of procedure? 244
12 Procedural motions and points of order 24512.1 Procedural motions 245
12.1.1 Definition of a procedural motion 245
12.1.2 Examples of decisions as to what is a
procedural motion 246
12.2 Points of order 247
12.2.1 Distinction between a point of order and a procedural
motion 249
12.3 Categories of points of order 250
12.3.1 A point of order requesting a decision by the presiding
officer 250
12.3.2 A point of order raised in order to submit a procedural
motion 251
12.3.3 A point of order requiring neither a vote nor a presidential
decision 252
12.3.4 A point of order on a matter of clarification 253
12.3.5 A point of order on technical arrangements 253
12.4 Decisions by presiding officers on points of order 253
12.5 Discretion of presiding officer to allow a delegation to raise a point
of order 254
12.6 Can a conference or assembly decide a point of order? 254
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12.7 Raising a point of order while a representative is speaking on an
earlier point of order 257
12.8 Limiting the duration of statements on points of order 258
12.9 Limiting the number of points of order 258
12.10 Challenging a decision of a presiding officer 258
12.10.1 The process of voting on a challenge to a decision by a
presiding officer 259
12.10.2 Can a challenge to a ruling be debated? 260
12.10.3 Can there be separate votes on parts of a challenge to a
ruling by the presiding officer? 261
12.11 Speaking to the substance during a statement on a point
of order 261
13 Priorities between different proposals 26313.1 Order of voting on proposals 263
13.1.1 When is a proposal considered to have been
submitted? 267
13.1.2 Decision not to vote on subsequent proposals 267
13.1.3 How is a decision made about whether to vote on a
subsequent proposal? 268
13.1.4 Is a decision granting priority to a proposal affected by a
subsequent revision of the proposal? 269
13.1.5 Do subsequent revisions of proposals affect the rule as to
voting on proposals in the order in which they were
submitted? 269
13.1.6 Order of priority of reintroduced proposals 269
13.2 Priority of procedural motions over substantive motions 270
13.2.1 Does a motion not to take a vote on a proposal have
priority over the substantive proposal? 270
13.3 Priority between procedural motions 271
13.3.1 Priority of motion for suspension of meeting 272
13.3.2 Priority of motion for adjournment of meeting 272
13.3.3 Priority of motion for adjournment of debate 273
13.3.4 Priority of a motion for adjournment of debate coupled
with a substantive motion 274
13.3.5 Priority as between different motions for adjournment
of debate 274
13.3.6 Order of priority between different procedural motions
not entitled to special priority under the rules
of procedure 274
13.3.7 Order of priority between different motions to grant
priority 275
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13.4 Voting on amendments prior to voting on the
proposal itself 275
13.5 Voting on the main proposal when the voting on an amendment
is tied 278
13.6 Priority between amendments 278
13.6.1 Decisions as to which amendment is ‘furthest removed in
substance from the original proposal’ 282
13.7 Can a conference decide not to vote on an amendment? 283
13.8 Order of voting on sub-amendments 283
13.8.1 Voting first on the sub-amendment furthest removed
from the amendment 284
14 Decision taking and method of voting 28514.1 Determining the issue to be voted on 285
14.1.1 Reading out proposals or amendments prior to
the vote 285
14.1.2 Declarations as part of a decision? 285
14.2 Method of voting 286
14.2.1 Voting by the European Commission 287
14.2.2 Voting by show of hands 287
14.2.3 The right to call for a recorded vote 287
14.2.4 Disclosing who requested a recorded vote 290
14.2.5 A recorded indicative vote? 291
14.2.6 When can a recorded vote be requested? 291
14.2.7 Recording delegations present and
not voting 291
14.2.8 Recording abstentions 292
14.2.9 Order of voting in a roll-call vote 293
14.2.10 Voting by mechanical or electronic means 294
14.3 Secret ballot 294
14.3.1 Representatives absent when their names are called in a
secret ballot 298
14.4 Voting by proxy 298
14.5 Decision taking without voting 298
14.6 Voting on principles 299
14.6.1 What is the effect of having a vote on principle? 301
14.6.2 Decision making as to whether to hold a vote
on principle 302
14.7 Indicative vote 303
14.7.1 Indicative vote by roll call 306
14.8 Voting on preferences 306
14.9 Voting in elections 309
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14.10 Request not to vote 310
14.11 Invalid vote 311
15 Majority required 31215.1 Unanimity 312
15.1.1 Unanimity and consensus 315
15.1.2 Unanimity in the UN 316
15.1.3 Do abstentions negate unanimity? 316
15.2 Majority voting 317
15.3 Simple majority 318
15.4 Two-thirds majority 320
15.4.1 Majority required for amendments to proposals requiring
a two-thirds majority 323
15.5 ‘Representatives present and voting’ 324
15.6 Calculating fractions of votes 326
15.7 Absolute majority of all States represented 327
15.8 Two-thirds majority of all States represented 329
15.9 Weighted majority 330
15.10 Equally divided votes 332
15.11 A situation where two alternative proposals each receive equally
divided votes 333
16 Consensus 33516.1 Defining consensus 335
16.1.1 Taking decisions by ‘general agreement’ or ‘without a vote’
338
16.2 Background to the increased use of consensus 338
16.3 Consensus at the Third Law of the Sea Conference 340
16.4 Use of the word ‘consensus’ in the rules of procedure of the UN
General Assembly 343
16.5 Consensus without possibility of voting 344
16.6 Consensus with possibility of voting 344
16.7 Reservations to a consensus 345
17 Separate votes 34717.1 Separate votes on parts of proposals and amendments 347
17.2 Consequence of holding a separate vote 348
17.3 The right of a delegation to have a separate vote on parts of a
proposal 348
17.4 The IMO formula for authorising requests for separate
votes 351
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contents xvii
17.5 Does a delegation requesting a separate vote need to submit a
motion? 352
17.6 Voting on request for a separate vote 352
17.7 Form of voting on the separate vote 353
17.8 Number of speakers on a motion for a separate vote on part of a
proposal 353
17.9 Right to object to a motion for a separate vote on part
of a proposal 354
17.10 Can a motion be submitted for a separate vote on a particular
sub-paragraph after defeat of a previous motion for a separate vote
on every sub-paragraph? 356
17.11 What are ‘parts of a proposal’ for purposes of a
separate vote? 356
17.12 A motion for a separate vote on a paragraph after such a
motion had been defeated regarding other paragraphs
of the resolution 357
17.13 A motion for a separate vote on a phrase after the failure of a
motion for deletion of the phrase 357
17.14 Status of preambular parts of an amendment when operative parts
have been rejected 359
17.15 Can a motion for a separate vote be amended? 360
17.16 Voting on the proposal as a whole following a
separate vote 360
17.17 Voting on parts of a resolution rejected in a separate vote 364
17.18 A motion to vote on the text as a whole, paragraph by paragraph,
after each paragraph had been earlier voted on separately 364
17.19 Voting on the remainder of a proposal after voting on separate
paragraphs 364
17.20 Priority as between voting on amendments and voting on a
separate part of a proposal 365
17.21 Combining the vote on several proposals 366
17.22 Separate votes on two amendments submitted together 367
17.23 Does a decision to have separate discussions on parts of a proposal
also imply holding separate votes? 368
17.24 A separate vote on parts of a procedural motion 368
18 Conduct of voting – interruption of voting and correctionof vote 37018.1 Interruption of voting 370
18.2 Interruption when voting on individual proposals 370
18.3 When does voting commence? 371
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18.3.1 When does voting commence during a connected series
of voting? 374
18.3.2 When does voting commence in elections? 374
18.3.3 When does voting commence in a vote paragraph by
paragraph? 375
18.3.4 When does voting end? 375
18.4 Interruption of voting 376
18.4.1 Is an adjournment of a meeting an interruption of the
voting procedure? 376
18.4.2 Is a suspension of a meeting an interruption of the voting
procedure? 377
18.4.3 Interruption of voting between votes on a series of
amendments 378
18.4.4 Interruption of voting for points of order 379
18.4.5 Interruption of voting for proposal not to vote 380
18.4.6 Interruption of voting for proposal to defer
the vote 381
18.4.7 Interruption of voting to make comments 381
18.4.8 Interruption of voting with a request for
explanation 382
18.4.9 Interruption of voting due to discrepancy in language
versions 382
18.4.10 Interruption of voting in order to submit an
amendment 382
18.4.11 Interruption of voting to submit an oral
amendment 383
18.4.12 Interruption of voting to submit an amendment where the
right to do so had been previously reserved 384
18.4.13 Interruption of voting to submit
sub-amendments 384
18.4.14 Interruption of voting to ascertain what majority is
required 385
18.4.15 Interruption of voting to withdraw sponsorship of a
resolution 385
18.4.16 Interruption of voting to allow explanation of vote on a
separate paragraph 385
18.4.17 Interruption of voting to revise a proposal 386
18.4.18 Interruption of voting to request
reconsideration 387
18.4.19 Interruption of voting for withdrawal
of candidatures 387
18.5 Correction of vote 388
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contents xix
18.5.1 The report of the UN Secretary-General on correction
of vote 388
18.5.2 Practice as to correction of votes before announcement
of results 389
18.5.3 Correction of votes after announcement
of results 390
18.5.4 Correction of votes in a roll-call vote 393
18.5.5 Correction of votes – indication in the records 393
19 Languages, records and documents 39519.1 Languages of the conference 395
19.1.1 Official languages 395
19.1.2 Working languages 397
19.1.3 Voting on one language version of a text 397
19.1.4 Authentic language 397
19.1.5 Voting again because of a discrepancy between different
language versions 398
19.2 Records and documents of the conference 398
19.2.1 Documentation 398
19.2.2 Distribution of documentation submitted
by observers 399
19.2.3 Summary and verbatim records 400
19.2.4 Adding written statements to the record 402
19.2.5 Correcting the record 403
19.2.6 Adding to the record 403
19.2.7 Deleting from the records 404
19.2.8 Final Act 407
20 Committees 40820.1 Committees 408
20.2 Procedure of committees 408
20.3 Relations between committees and plenary 408
20.4 The different committees 409
20.4.1 General committee 409
20.4.2 Main committees 411
20.4.3 Drafting committee 412
21 Suspension and amendment of rules of procedure 42721.1 Suspension of rules of procedure 427
21.1.1 Practice in international conferences as
to suspension 428
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xx contents
21.1.2 Practice in the UN General Assembly as
to suspension 430
21.1.3 Practice in international organisations as
to suspension 432
21.2 Amendment of rules of procedure 434
21.2.1 Majority required for amending rules
of procedure 435
Bibliography 437Index 446
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PREFACE TO THE SECOND EDITION
The emphasis of this second edition is on the book serving as a practicalmanual on procedure rather than as a purely academic study. Althoughthe book examines the proposal that some rules of procedure are by nowcustomary law, the detailed description of the process of formation ofcustom has been omitted from this edition.
Updated procedural rulings are quoted from the records of UN GeneralAssembly meetings, from assemblies of international organisations andfrom treaty-making conferences, updated to February 2005. Other inter-national conferences nowadays rarely publish records of meetings. Theincreased availability on websites of records of proceedings has facilitatedsuch updating and also means that readers who so wish can easily accessthe full record of any procedural ruling.
I should like to thank some of those who have helped with advice,assistance or encouragement, and in some cases all three in this andin the earlier edition: Ms Kochevet Ben-Shahar; Ms Shelly Benvenisti;Judge Thomas Buergenthal; Ambassador Oded Eran; Professor RuthLapidoth; Sir Eli Lauterpacht QC; Gaetano Librando; Paolo Ponzano;Johan Rautenbach; Ambassador Shabtai Rosenne; Ms Daphna Shraga;Professor Louis Sohn; the late Professor Paul Szasz; Ralph Zacklin; PaulZarins; Ms Nili Zentler. My appreciation goes to Ms Elizabeth Davey;Ms Diane Ilott; Ms Jane O’Regan; and Ms Finola O’Sullivan at CambridgeUniversity Press for their professionalism and encouragement.
Finally thanks to my wife Ruthie for her understanding and forbear-ance.
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ABBREVIATIONS AND CONFERENCE REFERENCES
AJIL American Journal of International LawBYIL British Year Book of International LawCTBT Comprehensive Test Ban TreatyEC/EEC European Community / European Economic
CommunityECOSOC United Nations Economic and Social CouncilFAO Food and Agriculture OrganisationGAOR General Assembly Official RecordsIAEA International Atomic Energy AgencyICAO International Civil Aviation OrganisationICC International Criminal CourtICJ International Court of JusticeICLQ International and Comparative Law QuarterlyICRC International Committee of the Red CrossILC International Law CommissionILO International Labour OrganisationIMF International Monetary FundIMO (IMCO) Inter-Governmental Maritime (Consultative)
OrganisationINMARSAT International Maritime Satellite OrganisationITU Intenational Telecommunication UnionNGO non-governmental organisationNPT Nuclear Non-Proliferation TreatyPCIJ Permanent Court of International JusticePLO Palestine Liberation OrganisationRCADI Recueil des Cours (Collected Courses), Academie de Droit
InternationalUN United NationsUNCIO 1945 United Nations Conference on International
OrganisationUNCITRAL United Nations Commission on International Trade Law
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list of abbreviations and conference references xxiii
UNEP United Nations Environment ProgrammeUNESCO United Nations Educational, Scientific and Cultural
OrganisationUNGA United Nations General AssemblyUNIDO United Nations Industrial Development OrganisationUN Jur. Y.B. United Nations Juridical YearbookUNTS United Nations Treaty SeriesWHO World Health OrganisationYBILC Yearbook of the International Law Commission
Abbreviated forms are used for referring to the records of the followingconferences:
‘The 1946 Paris Peace Conference’ – The Paris Conference to Considerthe Draft Treaties of Peace with Italy, Rumania, Bulgaria, Hungary andFinland, 1946Collection of Documents of the Paris Conference, Palais du Luxembourg,29th July–15th October 1946.
‘The 1949 Geneva Conference’ – The 1949 Geneva Diplomatic Conferenceon Humanitarian LawFinal Record of the Diplomatic Conference of Geneva, 1949.
‘The 1950 Conference on Missing Persons’ – United Nations Conferenceon Declaration of Death of Missing Persons, 1950UN Doc. A/CONF.1.
‘The 1951 Conference on Refugees’ – Conference of Plenipotentiaries onthe Status of Refugees and Stateless Persons, 1951UN Doc. A/CONF.2.
‘The 1954 Hague Conference’ – Intergovernmental Conference on theProtection of Cultural Property in the Event of Armed Conflict, TheHague 1954Records of the Conference Convened by the United Nations Educational,Scientific and Cultural Organisation, held at The Hague 1954, publishedby the Government of the Netherlands (The Hague 1961).
‘The 1957 Brussels Conference on Maritime Law’ – Diplomatic Confer-ence on Maritime Law, Brussels 1957Conference Diplomatique de Droit Maritime, Bruxelles 1957, Royaumede Belgique, Ministere des Affaires Etrangeres et du Commerce Exterieur(1958).
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xxiv list of abbreviations and conference references
‘The 1958 Law of the Sea Conference’ – United Nations Conference onthe Law of the Sea, Geneva 1958UN Doc. A/CONF.131, Official Records of the United Nations Conferenceon the Law of the Sea, Geneva 1958:Vol. I UN Doc. A/CONF.13/37, UN Sales No. 58.V.4;Vol. II UN Doc. A/CONF.13/38, UN Sales No. 58.V.4;Vol. III UN Doc. A/CONF. 13/39, UN Sales No. 58.V.4;Vol. IV UN Doc. A/CONF.13/40, UN Sales No. 58.V.4;Vol. V UN Doc. A/CONF.13/41, UN Sales No. 58.V.4;Vol. VI UN Doc. A/CONF.13/42, UN Sales No. 58.V.4;Vol. VII UN Doc. A/CONF.13/43, UN Sales No. 58.V.4.
‘The 1960 Law of the Sea Conference’ – Second United Nations Conferenceon the Law of the Sea, Geneva 1960UN Doc. A/CONF.19.
‘The 1961 Vienna Conference on Diplomatic Relations’ – United NationsConference on Diplomatic Intercourse and Immunities, Vienna 1961UN Doc. A/CONF.20.
‘The 1963 Tokyo Air Law Conference’ – International Conference on AirLaw, Tokyo, August–September 1963International Conference on Air Law, Tokyo, August–September 1963,Minutes, Vol. I, ICAO Doc. 8565-LC/152-1.
‘The 1963 Vienna Conference on Consular Relations’ – United NationsConference on Consular Relations and Immunities, Vienna 1963UN Doc. A/CONF.25.
‘The 1968 Teheran Conference on Human Rights’ – International Con-ference on Human Rights, Teheran 1968UN Doc. A/CONF.32.
‘The 1968 Non-Nuclear-Weapon State Conference’ – United NationsConference of Non-Nuclear-Weapon States, Geneva 1968UN Doc. A/CONF.35.
‘The Vienna Conference on the Law of Treaties – First Session and SecondSession’ – United Nations Conference on the Law of Treaties, Vienna1968, 1969Official Records of the UN Conference on the Law of Treaties (First Session1968), UN Sales No. E.68.V.7, UN Doc. A/CONF.39/11; Official Recordsof the UN Conference on the Law of Treaties (Second Session 1969), UNSales No. E.70.V.6, UN Doc. A/CONF.39/11/Add.1.
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‘The 1969 IMCO Conference on Marine Pollution Damage’ – Inter-Governmental Maritime Consultative Organisation InternationalConference on Marine Pollution Damage, London 1969Official Records of the Inter-Governmental Maritime ConsultativeOrganisation International Conference on Marine Pollution Damage,London 1969, LEG/CONF.
‘The 1971 IMCO Oil Pollution Damage Fund Conference’ – Inter-Governmental Maritime Consultative Organisation Conference on theEstablishment of an International Compensation Fund for Oil Pollu-tion Damage, London 1971Official Records of the Inter-Governmental Maritime ConsultativeOrganisation Conference on the Establishment of an International Com-pensation Fund for Oil Pollution Damage, 1971, IMCO Doc. CONF.2/.
‘The 1971 Montreal Air Law Conference’ – International Conference onAir Law, Montreal 1971ICAO Doc. 9081-LC/170-1.
‘The 1973 Geneva IMCO Conference’ – United Nations/Inter-Governmental Maritime Consultative Organisation Conference onInternational Container Traffic, Geneva 1973Summary Records of the UN/IMCO Conference on International Con-tainer Traffic, UN Doc. E/CONF.59.
‘The 1973 Rome Air Law Conference’ – International Conference on AirLaw, Rome, August–September 1973ICAO Doc. 9225-LC/178.
‘The Third Law of the Sea Conference’ – Third United Nations Confer-ence on the Law of the Sea, 1973–82UN Doc. A/CONF.62, Third United Nations Conference on the Law ofthe Sea, Official Records:Vol. I First Session, New York 1973. UN Sales No. E.75.V.3.Vol. II Second Session, Caracas 1974. UN Sales No. E.75.V.4.Vol. IV Third Session, Geneva 1975. UN Sales No. E.75.V.10.Vol. V Fourth Session, New York 1976. UN Sales No. E.76.V.8.Vol. VI Fifth Session, New York 1976. UN Sales No. E.77.V.2.Vol. VII Sixth Session, New York 1977. UN Sales No. E.78.V.3.Vol. IX Seventh Session, Geneva–New York 1978. UN Sales No. E.798.V.4.Vol. XI Eighth Session, Geneva 1979. UN Sales No. E.80.V.6.Vol. XIII Ninth Session, New York 1980. UN Sales No. E.81.V.5.Vol. XIV Resumed Ninth Session, Geneva 1980. UN Sales No. E.82.V.2.
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Vol. XV Tenth Session, New York 1981. UN Sales No. E.83.V.4.Vol. XV Resumed Tenth Session, Geneva 1981. UN Sales No.E.83.V.4.Vol. XVI Eleventh Session, New York 1982. UN Sales No. E.84.V.2.Vol. XVII Resumed and Final Part of Eleventh Session, New York–MontegoBay 1982. UN Sales No. E.84.V.3.
‘The 1974–77 Geneva Humanitarian Law Conference’ – DiplomaticConference on the Reaffirmation and Development of InternationalHumanitarian Law Applicable in Armed Conflicts, Geneva 1974–1977Official Records of the Diplomatic Conference on the Reaffirmation andDevelopment of International Humanitarian Law Applicable in ArmedConflicts, Geneva 1974–1977, published by the Federal Political Depart-ment, Berne, Switzerland (CDDH).First Session, Geneva 1974.Second Session, Geneva 1975.Third Session, Geneva 1976.Fourth Session, Geneva 1977.
‘The 1974 Prescription in Sale of Goods Conference’ – United NationsConference on Prescription (Limitation) in the International Sale ofGoods, New York 1974Official Records of the United Nations Conference on Prescription (Lim-itation) in the International Sale of Goods, New York 1974. UN Doc.A/CONF.63. UN Sales No. E.74.V.8.
‘The 1975 Vienna Conference on Representation of States’ – UnitedNations Conference on the Representation of States in Their Relationswith International Organisations, Vienna 1975Official Records of the UN Conference on the Representation of States inTheir Relations with International Organisations, Vienna, 4 February–14March 1975. UN Sales No. E.75.V.11, UN Doc. A/CONF.67/18.
‘The 1976 IMCO Conference on Maritime Claims’ – International Con-ference on the Limitation of Liability for Maritime Claims, London1976Official Records of the International Conference on the Limitation of Lia-bility for Maritime Claims, London 1976, IMCO Doc. CONF.5.
‘The 1977 Conference on Territorial Asylum’ – United Nations Conferenceon Territorial Asylum, Geneva 1977UN Doc. A/CONF.78.
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‘The 1977 Vienna Conference on Succession of States in Respect ofTreaties’ – United Nations Conference on Succession of States inRespect of Treaties, Vienna 1977–1978United Nations Conference on Succession of States in Respect ofTreaties, Official Records, First Session, Vienna 1977, Vol. I, UN Doc.A/CONF.80/16. UN Sales No. E.78.V.8. Resumed Session, Vienna 1978,Vol. II, UN Doc. A/CONF.80/16/Add.1. UN Sales No. E.79.V.9.
‘The 1978 IMCO Conference on Compensation for Oil Pollution Dam-age’ – Inter-Governmental Maritime Consultative Organisation Con-ference on the Establishment of an International Compensation Fundfor Oil Pollution Damage, London 1978IMCO Doc. CONF.2.
‘The 1978 Hamburg Conference on Carriage by Sea’ – United NationsConference on the Carriage of Goods by Sea, Hamburg 1978UN Doc. A/CONF.89.
‘The 1979 Weapons Conference’ – United Nations Conference on Prohi-bitions or Restrictions of Use of Certain Conventional Weapons WhichMay be Deemed to be Excessively Injurious or to Have IndiscriminateEffects, Geneva 1979UN Doc. A/CONF.95.
‘The 1980 Vienna Conference on International Sale of Goods’ – UnitedNations Conference on Contracts for the International Sale of Goods,Vienna 1980UN Doc. A/CONF.97, United Nations Conference on Contracts for theInternational Sale of Goods, Vienna 10 March–11 April 1980, OfficialRecords. UN Sales No. E.81.IV.3.
‘The 1982 Preparatory Conference on Palestine’ – United Nations Prepara-tory Committee for the International Conference on the Question ofPalestine, New York 1982UN Doc. A/CONF.114/PC.
‘The 1983 Vienna Conference on State Property (Succession)’ – UnitedNations Conference on Succession of States in Respect of State Property,Archives and Debts, Vienna 1983UN Doc. A/CONF.117. UN Sales No. E.94.V.6.
‘The 1986 Conference on Treaties Between States and InternationalOrganisations’ – United Nations Conference on the Law of Treaties
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Between States and International Organizations or Between Interna-tional OrganizationsUN Doc. A/CONF.129. UN Sales No. E.94. V.5.
‘The 1988 Vienna Conference on Narcotic Drugs’ – United Nations Con-ference for the Adoption of a Draft Convention Against Illicit Trafficin Narcotic Drugs and Psychotropic Substances, Vienna 1988UN Doc. E/CONF.82. UN Sales No. E.91.XI. 1.
‘The 1991 Conference on the Liability of Operators of Transport Terminalsin International Trade’ – United Nations Conference on the Liability ofOperators of Transport Terminals in International Trade, Vienna 1991UN Doc. A/CONF.152.
‘The 1995 NPT Review Conference’ – 1995 Review and Extension Con-ference of the Parties to the Treaty on the Non-Proliferation of NuclearWeaponsNPT /CONF. 1995.
‘The 1997 Mine Ban Treaty’ – 1997 Diplomatic Conference on an Inter-national Total Ban on Anti-Personnel Land MinesAPL/CRPT.
‘The 1998 ICC Conference’ – 1998 United Nations Diplomatic Conferenceof Plenipotentiaries on the Establishment of an International CriminalCourtUN Doc. A.CONF.183.
‘The 2000 NPT Review Conference’ – 2000 Review and Extension Con-ference of the Parties to the Treaty on the Non-Proliferation of NuclearWeaponsNPT /CONF.2000.
‘The 2001 CTBT Conference’ – Conference on Facilitating the Entry intoForce of the Comprehensive Nuclear-Test-Ban TreatyCTBT-Art.XIV/2001.
‘The 2004 Review Conference of the Mine Ban Treaty’ – First ReviewConference of the States Parties to the Convention on the Prohibitionof the Use, Stockpiling, Production and Transfer of Anti-PersonnelMines and on their DestructionAPLC/CONF/2004.
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Unless stated otherwise, reference to the United Nations rules of procedureof the General Assembly is to the rules in the General Assembly and notto the equivalent rules in committees.
Unless using a direct quotation, reference to the number of a specificrule of procedure is always to the rule of procedure as it appears in the1984 version (UN Doc. A/520/Rev.15 (1984), UN Sales No. E.85.I.13) andnot to the numbering of the rule as it was when the statement referred towas made.
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