62 



remained several technical changes- that needed to be dis- 

 cussed at some point. (This was in reference to the tech- 

 nical straits amendments to Articles 221 and 233, and to 

 adding "generally accepted" in Article 208(3).) 



INFORMAL .PLENARY 



Participation : 



The question of participation in the Convention by 

 various entities was a substantive issue on which President 

 Koh tried to make some progress toward resolution during this 

 session. 



It is generally agreed that all States may become party 

 to the Convention. The "all States" clause will presumably 

 be applied by the UN in traditional fashion. The question 

 discussed was what entities other than States may become 

 party to the Convention. 



The legal aspect of this problem involves two situations. 

 The first concerns regional economic integration organizations 

 such as the European Economic Community to which members have 

 transferred the internal and treaty-making competences of 

 States with respect to some matters regulated by the Conven- 

 tion. The second concerns associated States, such as the Cook 

 Islands, Niue, and those that may emerge in Trust Territory of 

 the Pacific Islands, that have the independent internal and 

 treaty-making competences of States with respect to matters 

 regulated by the Convention in accordance with the relevant 

 instruments of association. 



The political aspects of the question relate to proposals 

 to permit areas that have not yet attained full independence 

 generally, and so-called national liberation movements, to 

 become party to the Convention. 



At the first of two informal plenary meetings, President 

 Koh reviewed the history of this item and presented his 

 summary of the issues as participation by five entities: 



1) All States, which he called non-controversial; 



2) Fully self-governing associated States which have 

 chosen that status in an act of self-determination supervised 

 and approved by the United Nations, and which have full compe- 

 tence in matters falling within the sphere of the Convention; 



