71 



l ..- 1 1 - 1 . ; » - ," | .- . 1 1 1 . : . in::i:-.l.< •<! Unit only fH.atofj which 'lorormstrate an intention to be bound 

 )'.Y Hi'' iVnvi-iiliiiii :;hou'l»l h<- i'.t.Iiuj-u. ''hey r.uli-iittc:! conafqut-::tly that r.ifr.iiture 



to the Convention would be a minimum criterion, as this would also induce early 

 commitment to the treaty and consequently prevent participation by those States 

 who may have reached the decision not to be party to it anyway. 



13. The Group of 77 appears to be ready to accept a compromise granting observer 

 status to States which sign only the Final Act, granting: them power to participate 

 fully in the deliberations of the Commission but denying them a right to 

 participate in the decision-making procedures. 



l'l. This first reading also focused on the broad question of the decision-making 

 process and the adoption of the Commission's rules of procedure. Three relevant 

 areas were: 



(i) the rules of procedure to he applied in the Preparatory Commission 

 pending the adoption of its own rules of procedure; 



(ii) the majority required for the adoption of its rules of procedure; end 



(iii) provisions for voting en substantive issues. 



1? • The exchange of views, especially on the latter two, was somehow inconclusive. 

 It would appear that the Uestern industrialized countries and the Eastern 

 (socialist) countries would insist on the consensus rule. The Group of 77 would 

 favour a two-stage approach by which the failure of a quest for consensus would 

 be followed by a voting procedure. It is clear that more consultations in the 

 negotiating process will be inevitable. , 



16. The function, or the mandate, of the Commission was examined, "hile it 

 appeared that general agreement existed for the proposition that the Preparatory 

 Commission would have the broad mandate of preparing for the establishment of the 

 International Sea-Bed Authority and the International Law of the Sea Tribunal, 



tr ' industrialized countries considered that the discussion of the issue of the 

 establishment of the Enterprise was premature, as it had to be taken up in 

 discussion on the preliminary investment protection proposals. The Group of 77 

 and other members of the- 'forking Group of 21 consider this to be an imperative 

 item, as the Enterprise v/ould be a main organ to effect the agreed working of the 

 parallel system. 



17. The exchange of views appeared to have been more productive on the substantive 

 question of the function of the Commission, especially as it related to its role 



in the preparation of rule?;, regulations and procedures. It is my impression that 

 further reflection will be desirable to determine the scope of thi.^ nction. 



18. There' appears to be general agreement for the proposition that the Secretary- 

 General of the United Nations should be empowered to convene the Commission, 

 certain criteria being satisfied with regard to the timing. That which was 

 recommended in document A/CONF.62/L. 55 , requiring 50 signatures to the Convention 

 or the same number of States depositing instruments of accession, received 



