64 



there was again no general consensus because some territories 

 may not have competence and may lack capacity to enter into 

 ticiti<T. on m.it.lor:; within the scope of the Convention. 



A representative of the Trust Territory of the Pacific 

 gave a full account of the status of the three States — the 

 Federated States of Micronesia, Palau, and the Marshall 

 Islands — so far as participation in and signature of the 

 Convention was concerned (Statement to the Conference: informal 

 document FC/24). He stressed their competence and capacity, 

 citing their 200-mile fishery zones and fisheries agreements 

 with other States and describing their Compacts of Free 

 Association with the United States. 



As to the category "international organizations and 

 economic integration groups", the European Economic Community 

 (EEC) submitted a proposal (informal document FC/22) which 

 was explained at some length. Several questions were raised 

 regarding: whether all the member States of the organization 

 should become parties to the Convention; the areas of compe- 

 tence transferred by members to the organization with respect 

 to matters falling within the sphere of the Convention; the 

 information to be obtained or notification to be made to 

 third States with regard to competence of the organization; 

 rights and benefits that a member of the organization may or 

 may not obtain when not itself a party to the Convention; 

 dual representation; who would be responsible for infringe- 

 ment of .the rights of third States or for failure to comply 

 with obligations; and the application of dispute settlement 

 provisions to the organization. 



As to the category "national liberation movements recog- 

 nized by the United Nations and by the regional intergovern- 

 mental organizations concerned", opinion was strongly di- 

 vided. Arguments made in favor of participation included 

 the fact that they have been granted full membership by the 

 Non-Aligned Conference, the Islamic Conference and the League 

 of Arab States, and observer status by the UN General Assembly 

 and UNCLOS III. Arguments against participation were the 

 facts that they lack legal and administrative competence in 

 the subject matter of the Convention and lack sufficient 

 legal personality to enter into treaties in respect of such 

 matters. 



President Koh convened a small group of about 20 countries 

 (including the United States) for informal consultations to 

 examine further the participation issues from a legal, not 

 political perspective. The basic documents examined were the 

 EEC proposal (FC/22) and another put forward by the Group of 

 77 (unnumbered, dated 25 March 1981) which incorporated prior 

 proposals dealing with the Cook and Niue Islands, TTPI enti- 

 ties, modifications of the EEC proposal and its own proposals 

 on other territories not yet independent and on national liber- 

 ation movements. •; 



