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63rd Session of the UN General Assembly - Democratization, Legal Reforms, and International Courts
In his opening remarks before the 63rd session of the United Nations General Assembly, incoming President Miguel D’Escoto Brockmann of Nicaragua called for democratization of the United Nations, reform of the 15-member Security Council, and adoption of an ambitious 160-item agenda. All but eleven of the items have been discussed previously. High on his list of priorities are climate change, access to water, terrorism, human rights, human trafficking, and nuclear control and disarmament. His proposed legal reforms include changing the Security Council voting requirements under Article 27 of the UN Charter and making General Assembly resolutions binding under international law.
New UN General Assembly Agenda Items in 2008
The following items of the draft agenda have not been considered previously by the General Assembly:
Item 58. Social development:
Item 107. Appointments to fill vacancies in subsidiary organs and other appointments:
(k) Appointment of the judges of the United Nations Dispute Tribunal;
(l) Appointment of the judges of the United Nations Appeals Tribunal.
Item 155. Natural resources and conflict. On September 17, the discussion was postponed.
Item 156. Commemoration of the seventy-fifth anniversary of the Great Famine of 1932-1933 in Ukraine (Holodomor).
Item 157. Need to examine the fundamental rights of the 23 million people of the Republic of China (Taiwan) to participate meaningfully in the activities of the United Nations specialized agencies. This matter was raised in 2006 with 35 delegations speaking on the proposal to add it to the agenda. China received the support of 30 countries who recalled that Assembly resolution 27/58 (1971) settled the matter "once and for all."
Item 158. Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law.
Item 153. Observer status for the South Centre in the General Assembly.
Item 154. Observer status for the Agency for International Trade Information and Cooperation in the General Assembly.
Item 159. Observer status for the Global Fund to Fight AIDS, Tuberculosis and Malaria in the General Assembly.
Item 160. Observer status for the University for Peace in the General Assembly.
Additional Items of Interest
Item 13. Protracted conflicts in the GUAM (Georgia, Ukraine, Azerbaijan, Republic of Moldova) area and their implications for international peace, security and development (Resolution 62/249). Comment: This matter was first included on the agenda in 2006 after a contentious vote. The United States and the United Kingdom voted against its inclusion in 2006.
Item 16. The situation in the occupied territories of Azerbaijan (Resolution 62/243).
Item 105. Election of five members of the International Court of Justice (decision 60/408).
Item 113. Question of equitable representation on and increase in the membership of the Security Council and related matters.
New UN General Assembly Agenda Items in 2008
The following items of the draft agenda have not been considered previously by the General Assembly:
Item 58. Social development:
(e) Review and appraisal of the World Programme of Action
concerning Disabled Persons. As of September 18, approved to pass as a recommendation for the General Assembly to decide.
Item 107. Appointments to fill vacancies in subsidiary organs and other appointments:
(k) Appointment of the judges of the United Nations Dispute Tribunal;
(l) Appointment of the judges of the United Nations Appeals Tribunal.
Item 155. Natural resources and conflict. On September 17, the discussion was postponed.
Item 156. Commemoration of the seventy-fifth anniversary of the Great Famine of 1932-1933 in Ukraine (Holodomor).
Item 157. Need to examine the fundamental rights of the 23 million people of the Republic of China (Taiwan) to participate meaningfully in the activities of the United Nations specialized agencies. This matter was raised in 2006 with 35 delegations speaking on the proposal to add it to the agenda. China received the support of 30 countries who recalled that Assembly resolution 27/58 (1971) settled the matter "once and for all."
Item 158. Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law.
Item 153. Observer status for the South Centre in the General Assembly.
Item 154. Observer status for the Agency for International Trade Information and Cooperation in the General Assembly.
Item 159. Observer status for the Global Fund to Fight AIDS, Tuberculosis and Malaria in the General Assembly.
Item 160. Observer status for the University for Peace in the General Assembly.
Additional Items of Interest
Item 13. Protracted conflicts in the GUAM (Georgia, Ukraine, Azerbaijan, Republic of Moldova) area and their implications for international peace, security and development (Resolution 62/249). Comment: This matter was first included on the agenda in 2006 after a contentious vote. The United States and the United Kingdom voted against its inclusion in 2006.
Item 16. The situation in the occupied territories of Azerbaijan (Resolution 62/243).
Item 105. Election of five members of the International Court of Justice (decision 60/408).
Item 113. Question of equitable representation on and increase in the membership of the Security Council and related matters.
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Return of the StateThis article is the extended address by José E. Alvarez, the Herbert and Rose Rubin Professor of International Law at New York University School of Law, at the University of Minnesota Law School's conference on "International Economic Law in a Time of Change." Alvarez relects upon and rebuts a collection of papers on supra-nationalism presented at the conference. He argues that states, as sovereign entities, are making a comeback. The full-text is available online for free.
Whither Justice? Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on the prospects for peace to the country's decades-long conflict. It is published by the peer-reviewed Interdisciplinary Journal of Human Rights Law (IJHRL) and is available online for free.


