Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) - Hearing of 14 May 1962

I.C.J. CommuniquéNo. 62/12

(unof ficial)

The f olloxdng information from the Registry of the ~nternational

Court. of Justice is communicated to the Press:

The Court held a public sitting on lilonday, Il+ tiay 1962, at
10.30 a.m., at the Peace Pelace at The Hague.

At this sitting, the Court began,.the hearing of oral statements
in connection with the request .for an"8dvisory Opinion submitted to it
by the General kssembly of the' United Nations in the matter of the
Financial Obligations of Members of the United IVations (~rticle 17,
paragraph. 2,. of t!ie Charter).

The President recalled that the opinion of the Court was sought on
the following question:

"Do the expenditures authorized in General Assernbly resolutions
1583 (:IV a)d 1590 (XV) of 20 Decenber 1960, 1595 (XV) of 3 April

1961, 1619 (XV) of 21 iipril 1961 2nd 1633 (XVI) of 30 October 1961
relating to the United IiJations operations in the Congo undertaken
in pursucance of the Security Council resolutions of IL+ July, 22 July
and 9 August 1960 and 21 February and 24 November 1961, and General
Assembly resolutions 1474 (ES-IV) of 20 September 1960 end 1599 (xv),
1600 (XI') and 1601 (XV) of 15 April 1961, and the expenditures
authorized in General Assembly resolutionsll22 (XI) of 26 November
1956, 1049 (XI) .of 21 December 1956, 1090 (XI) of 27 February 1957,
1151 (XII) of 22 Moveinber 1957, 1204 (XII) of 13 Deceniber 1957,
133'7 (~II) of 13 Deceiiiber 1958, U+41 (XIV) of 5 Decaber 1959 and
1575 (2X) of 20 December 1960 relaticg to the operations of the
United Nations lhergency Force undertaken in pursuance of General
Assembly resolutions 997 (ES-1) of 2 November 1956, 998 (ES-1) and
999 (B-1) of 4 Novenber 1956, 1000 (a-1) of 5 Itovember 1956,
ES-1) of 7 I\fova-ber 1956, Xi21 (XI) of 24 November 1956 and

XICI) of 14 November 1958, constitute 'expenses of the
Organieation' witllin the meaning of Article 17, ~saragraph 2, of
the Charter of the United Nations?I1
•
The Prtsident then said that notice of the req;est for an hdvisory
Opinion had been given to Cl1 States entitled to appear before the Court,
. and the Court had received from the Secretary-General of the United Nations
a dossier of documents likely to throw light on the question. Furthemore,
pursuant to Article 66, paragraph 2, of the Statute of the Court, the
States pfembers of the United Nations were notified that they were
consid-ered as lilcely to be able to furnisi1 inform.tion on the question
and that the Court was prepared to receive written statements from them
within a the-limit fixed for that purpose. The following States, which
are mentioned in English alphabetical order, exercised the right thus
made available to them by transmitting to the Court ~mitten statements
or letters , namely, Australia, Byelorussian Soviet Soci~zlist Republic,
Canada, Czechoslovakia, Denaark, France, Greece, Ireland, Italy, Japan,
Metherlands, Portugal, Republic of South Liafrica, Spaih, Union of Soviet

Socialist Republics, United Kingdom of Great Britain and Northern Irelmd,
United States of Ainerica, Upper Volta. The Governments of 3iaxico and
Poland had referred to the points of view expressed by their respective
representatives in the course of the debates within the United Nations.

The .... The President announced that the desire to be heard in the course
of the present proceedings had been eqressed by the Governments of
Australia, Canada, Ireland, Italy, Netherlands, Norway, Union of Soviet
Socialist Republics, United Kingdom and United States of America.
The representative of the Union of Soviet Socialist Republics having
been unable to be present at 'The Hague before the op&g of the hearings,
no general agreement could be reached as to the order in which the
representatives would speak. That behg so, the President had been
informed that the speakers who, according to alphabetical order, would
first address the Court, had, for reasons of personal convenience,
agreed in requesting t,hat the repesentative of Canada should first be
heard and he called upon the representative of Canada.

The representative of Canada began his statement. He will continue

it at the next hearing which will open on 15 May 1962 at 10.30 a.m.

.. The following is the list of the representatives of the nine
States who will present oral statements:

-tate Represent at ive s

Australia Sir Kenneth Bailey, C.B .E.,
Solicit,or-General

--nada. Kr. Marcel Cadieux,
Deputy Under-Secretary and Legal Adviser
for the Department of Merna1 Affairs

Mr. Aindrias d Caoimh, S .C.,
Attorney-General

luIr. Seân Morrissey, B.L.,
Legal Adviser of the Department of
Fjcternal Affairs

Italy Professor ficcardo Monaco,
Head of ~epartrnent for Contentious .
, , Diplomatic Questions, Ministry of
Foreign Affairs

Netherlands Prof essor !i. Riphagen,
Legal Adviser to the Ministry of
Foreign Affairs

Mr. Jens Evensen,
Direct or-General, Piïnis try of Foreign
Affairs

Unionof Sov i-t- Socialist. Mr. G. 1. Tunkin,
Republics Professor, Director of the Juridical-
Treaty Department of the Ministry of
Foreign Aff airs

lk. A. F. Sokirkin,
Counsel

United King dom .. ..-tate

Unite d Kbgdom of Great The Rt . Hon. Sir bginald Yhnningham-
Britain and Horthern Irela@ Buller, Q.G., !I.P.,
----
Attorney-General

Nr. Ceof frey Lawrence, O,.,

Mr.F. A. Vallzt, C.N.G., Q.C.,
Foreign Office LegaZ Adviser

Uni-ted States of America The Honorable AbramL. Chayes,
Legal Advis er,Department of State

MY. Stephen iul.Schwebel,
Assistant Leqal Adviser tu Lhe

~sPtment of Stats for Unikod Bations
kf fnlrs

Note for represe~tative sf the Press trith ~gard to
communiquSs issued during the--hearin~s in the matter of the
Financial Ob1igatio;~. -ofWernbers of the UniU,d Nations
(A~icle 17, ppar?grsg$2, of the Charter) ,

Since sepresentativeo f the Press cari be present at each sitting
and abtainat thv end of each &y the vcrbatim record of the dayTs
proceedings, the Zogistry bea not propose to publishduring the
hearlïigs the customarycomuniqués whichmerely hdicate the names
of the spoakcrsand the date of the nex4 hearing. However, an
exception will be made t~kienever tl1.enexk hearing is fixed for a date
other thm the f ollowing day.

The Hague, & Fkiy 1962.