84 



Some of the recommended uhzrig-a affect terminology in 

 texts prepared by more than one main Committee. Should 

 the Drafting Committee recommendations be reviewed in 

 committee, and should some of these be rejected by one 

 Main Committee but not another, Jnere will be problems. 



The Drafting Committee report contains an important 

 disclaimer to the effect that no substantive implica- 

 tions should be drawn from the fact that the Committee 

 made or failed to make a recommendation. In the limited 

 time available, the Committee did what could be done most 

 easily. In many situations lack of harmonization in a 

 single language or lack of concordance among languages 

 has been allowed to remain because it' was not felt that 

 the point was important enough to warrant the time it 

 would take to deal with it, either because of the inherent 

 complexity of the matter or because of the concerns of one 

 or more participants. 



Mutually cancelling objections were the most common 

 problem. An example can be found in a comparison of 

 Article 7, para. 6 with Article 47, para. 5. While both 

 provisions set forth prohibitions that are in substance 

 identical, the former uses the term "may not" while the 

 latter uses the term "shall not". Supporters of the former 

 generally oppose changes in terminology in texts drawn 

 from. the 1958 Geneva Conventions unless they are essential. . 

 Supporters of the latter generally oppose changes in the 

 closely negotiated texts on archipelagic states unless 

 they are essential. Functioning by consensus, the English 

 Language Group was unable to recommend a change in either' 

 provision, although no participant suggested that there was 

 any difference in meaning between the texts. The same kind 

 of problem arose regarding the choice between deleting the 

 words "which are" in article 37 or inserting them in other 

 articles on straits. 



There were serious problems in dealing with the English 

 term "as appropriate" in other languages; in French, in 

 particular, it was exceedingly difficult to achieve con- 

 cordance. The words "facilities" and "maintenance" have 

 also given rise to questionable translations. 



Outstanding Problems. 



As already noted, no means have been found fox. dealing" 

 with, or even referring to the Conference, the problems 

 identified in the attached "third basket" list. 



