The General Assembly,
 
     Considering that conciliation is among the methods for the settlement of
disputes between States enumerated by the Charter of the United Nations in
Article 33, paragraph 1, that it has been provided for in numerous treaties,
bilateral as well as multilateral, for the settlement of such disputes, and
that it has proved its usefulness in practice,
 
     Convinced that the establishment of model rules for the conciliation of
disputes between States which incorporate the results of the most recent
scholarly work and of experience in the field of international conciliation,
as well as a number of innovations which can with advantage be made in the
traditional practice in that area, can contribute to the development of
harmonious relations between States,
 
     1.   Commends the Special Committee on the Charter of the United Nations
and on the Strengthening of the Role of the Organization for having completed
the final text of the United Nations Model Rules for the Conciliation of
Disputes between States;
 
     2.   Draws to the attention of States the possibility of applying the
Model Rules, the text of which is annexed hereto, whenever a dispute has
arisen between States which it has not been possible to solve through direct
negotiations;
 
     3.   Requests the Secretary-General, to the extent possible and in
accordance with the relevant provisions of the Model Rules, to lend his
assistance to the States resorting to conciliation on the basis of those
Rules;
 
     4.   Also requests the Secretary-General to make the necessary
arrangements to distribute to Governments the text of the present resolution,
including the annex.
 
                              ANNEX
 
         United Nations Model Rules for the Conciliation
                   of Disputes between States
 
                            CHAPTER I
 
                    APPLICATION OF THE RULES
 
                            Article 1
 
1.   These rules apply to the conciliation of disputes between States where
those States have expressly agreed in writing to their application.
 
2.   The States which agree to apply these rules may at any time, through
mutual agreement, exclude or amend any of their provisions.
 
 
                           CHAPTER II
 
           INITIATION OF THE CONCILIATION PROCEEDINGS
 
                            Article 2
 
1.   The conciliation proceedings shall begin as soon as the States concerned
(henceforth:  the parties) have agreed in writing to the application of the
present rules, with or without amendments, as well as on a definition of the
subject of the dispute, the number and emoluments of members of the
conciliation commission, its seat and the maximum duration of the proceedings,
as provided in article 24.  If necessary, the agreement shall contain
provisions concerning the language or languages in which the proceedings are
to be conducted and the linguistic services required.
 
2.   If the States cannot reach agreement on the definition of the subject of
the dispute, they may by mutual agreement request the assistance of the
Secretary-General of the United Nations to resolve the difficulty.  They may
also by mutual agreement request his assistance to resolve any other
difficulty that they may encounter in reaching an agreement on the modalities
of the conciliation proceedings.
 
 
                           CHAPTER III
 
             NUMBER AND APPOINTMENT OF CONCILIATORS
 
                            Article 3
 
     There may be three conciliators or five conciliators.  In either case the
conciliators shall form a commission.
 
                            Article 4
 
     If the parties have agreed that three conciliators shall be appointed,
each one of them shall appoint a conciliator, who may not be of its own
nationality.  The parties shall appoint by mutual agreement the third
conciliator, who may not be of the nationality of any of the parties or of the
other conciliators.  The third conciliator shall act as president of the
commission.  If he is not appointed within two months of the appointment of
the conciliators appointed individually by the parties, the third conciliator
shall be appointed by the Government of a third State chosen by agreement
between the parties or, if such agreement is not obtained within two months,
by the President of the International Court of Justice.  If the President is a
national of one of the parties, the appointment shall be made by the
Vice-President or the next member of the Court in order of seniority who is
not a national of the parties.  The third conciliator shall not reside
habitually in the territory of the parties or be or have been in their
service. 
 
                            Article 5
 
1.   If the parties have agreed that five conciliators should be appointed,
each one of them shall appoint a conciliator who may be of its own
nationality.  The other three conciliators, one of whom shall be chosen with a
view to his acting as president, shall be appointed by agreement between the
parties from among nationals of third States and shall be of different
nationalities.  None of them shall reside habitually in the territory of the
parties or be or have been in their service.  None of them shall have the same
nationality as that of the other two conciliators.
 
2.   If the appointment of the conciliators whom the parties are to appoint
jointly has not been effected within three months, they shall be appointed by
the Government of a third State chosen by agreement between the parties or, if
such an agreement is not reached within three months, by the President of the
International Court of Justice.  If the President is a national of one of the
parties, the appointment shall be made by the Vice-President or the next judge
in order of seniority who is not a national of the parties.  The Government or
member of the International Court of Justice making the appointment shall also
decide which of the three conciliators shall act as president.
 
3.   If, at the end of the three-month period referred to in the preceding
paragraph, the parties have been able to appoint only one or two conciliators,
the two conciliators or the conciliator still required shall be appointed in
the manner described in the preceding paragraph.  If the parties have not
agreed that the conciliator or one of the two conciliators whom they have
appointed shall act as president, the Government or member of the
International Court of Justice appointing the two conciliators or the
conciliator still required shall also decide which of the three conciliators
shall act as president.
 
4.   If, at the end of the three-month period referred to in paragraph 2 of
this article, the parties have appointed three conciliators but have not been
able to agree which of them shall act as president, the president shall be
chosen in the manner described in that paragraph.
 
                            Article 6
 
     Vacancies which may occur in the commission as a result of death,
resignation or any other cause shall be filled as soon as possible by the
method established for appointing the members to be replaced.
 
 
                           CHAPTER IV
 
                     FUNDAMENTAL PRINCIPLES
 
                            Article 7
 
     The commission, acting independently and impartially, shall endeavour to
assist the parties in reaching an amicable settlement of the dispute.  If no
settlement is reached during the consideration of the dispute, the commission
may draw up and submit appropriate recommendations to the parties for
consideration.
 
 
                            CHAPTER V
 
             PROCEDURES AND POWERS OF THE COMMISSION
 
                            Article 8
 
     The commission shall adopt its own procedure.
 
                            Article 9
 
1.   Before the commission begins its work, the parties shall designate their
agents and shall communicate the names of such agents to the president of the
commission.  The president shall determine, in agreement with the parties, the
date of the commission's first meeting, to which the members of the commission
and the agents shall be invited.
 
2.   The agents of the parties may be assisted before the commission by
counsel and experts appointed by the parties.
 
3.   Before the first meeting of the commission, its members may meet
informally with the agents of the parties, if necessary, accompanied by the
appointed counsel and experts to deal with administrative and procedural
matters. 
 
                           Article 10
 
1.   At its first meeting, the commission shall appoint a secretary.
 
2.   The secretary of the commission shall not have the nationality of any of
the parties, shall not reside habitually in their territory and shall not be
or have been in the service of any of them.  He may be a United Nations
official if the parties agree with the Secretary-General on the conditions
under which the official will exercise these functions.
 
                           Article 11
 
1.   As soon as the information provided by the parties so permits, the
commission, having regard, in particular, to the time-limit laid down in
article 24, shall decide in consultation with the parties whether the parties
should be invited to submit written pleadings and, if so, in what order and
within what time-limits, as well as the dates when, if necessary, the agents
and counsel will be heard.  The decisions taken by the commission in this
regard may be amended at any later stage of the proceedings.
 
2.   Subject to the provisions of article 20, paragraph 1, the commission
shall not allow the agent or counsel of one party to attend a meeting without
having also given the other party the opportunity to be represented at the
same meeting.
 
                           Article 12
 
     The parties, acting in good faith, shall facilitate the commission's work
and, in particular, shall provide it to the greatest possible extent with
whatever documents, information and explanations may be relevant.
 
                           Article 13
 
1.   The commission may ask the parties for whatever relevant information or
documents, as well as explanations, it deems necessary or useful.  It may also
make comments on the arguments advanced as well as the statements or proposals
made by the parties.
 
2.   The commission may accede to any request by a party that persons whose
testimony it considers necessary or useful be heard, or that experts be
consulted.
 
                           Article 14
 
     In cases where the parties disagree on issues of fact, the commission may
use all means at its disposal, such as the joint expert advisers mentioned in
article 15, or consultation with experts, to ascertain the facts.
 
                           Article 15
 
     The commission may propose to the parties that they jointly appoint
expert advisers to assist it in the consideration of technical aspects of the
dispute.  If the proposal is accepted, its implementation shall be conditional
upon the expert advisers being appointed by the parties by mutual agreement
and accepted by the commission and upon the parties fixing their emoluments.
 
                           Article 16
 
     Each party may at any time, at its own initiative or at the initiative of
the commission, make proposals for the settlement of the dispute.  Any
proposal made in accordance with this article shall be communicated
immediately to the other party by the president, who may, in so doing,
transmit any comment the commission may wish to make thereon.
 
                           Article 17
 
     At any stage of the proceedings, the commission may, at its own
initiative or at the initiative of one of the parties, draw the attention of
the parties to any measures which in its opinion might be advisable or
facilitate a settlement.
 
                           Article 18
 
     The commission shall endeavour to take its decisions unanimously but, if
unanimity proves impossible, it may take them by a majority of votes of its
members.  Abstentions are not allowed.  Except in matters of procedure, the
presence of all members shall be required in order for a decision to be valid.
 
                           Article 19
 
     The commission may, at any time, ask the Secretary-General of the United
Nations for advice or assistance with regard to the administrative or
procedural aspects of its work.
 
 
                           CHAPTER VI
 
           CONCLUSION OF THE CONCILIATION PROCEEDINGS
 
                           Article 20
 
1.   On concluding its consideration of the dispute, the commission may, if
full settlement has not been reached, draw up and submit appropriate
recommendations to the parties for consideration.  To that end, it may hold an
exchange of views with the agents of the parties, who may be heard jointly or
separately.
 
2.   The recommendations adopted by the commission shall be set forth in a
report communicated by the president of the commission to the agents of the
parties, with a request that the agents inform the commission, within a given
period, whether the parties accept them.  The president may include in the
report the reasons which, in the commission's view, might prompt the parties
to accept the recommendations submitted.  The commission shall refrain from
presenting in its report any final conclusions with regard to facts or from
ruling formally on issues of law, unless the parties have jointly asked it to
do so.
 
3.   If the parties accept the recommendations submitted by the commission, a
proces-verbal shall be drawn up setting forth the conditions of acceptance.
The proces-verbal shall be signed by the president and the secretary.  A copy
thereof signed by the secretary shall be provided to each party.  This shall
conclude the proceedings.
 
4.   Should the commission decide not to submit recommendations to the
parties, its decision to that effect shall be recorded in a proces-verbal
signed by the president and the secretary.  A copy thereof signed by the
secretary shall be provided to each party.  This shall conclude the
proceedings.
 
                           Article 21
 
1.   The recommendations of the commission will be submitted to the parties
for consideration in order to facilitate an amicable settlement of the
dispute.  The parties undertake to study them in good faith, carefully and
objectively.
 
2.   If one of the parties does not accept the recommendations and the other
party does, it shall inform the latter, in writing, of the reasons why it
could not accept them.
 
                           Article 22
 
1.   If the recommendations are not accepted by both parties but the latter
wish efforts to continue in order to reach agreement on different terms, the
proceedings shall be resumed.  Article 24 shall apply to the resumed
proceedings, with the relevant time-limit, which the parties may, by mutual
agreement, shorten or extend, running from the commission's first meeting
after resumption of the proceedings.
 
2.   If the recommendations are not accepted by both parties and the latter do
not wish further efforts to be made to reach agreement on different terms, a
proces-verbal signed by the president and the secretary of the commission
shall be drawn up, omitting the proposed terms and indicating that the parties
were unable to accept them and do not wish further efforts to be made to reach
agreement on different terms.  The proceedings shall be concluded when each
party has received a copy of the proces-verbal signed by the secretary.
 
                           Article 23
 
     Upon conclusion of the proceedings, the president of the commission
shall, with the prior agreement of the parties, deliver the documents in the
possession of the secretariat of the commission either to the
Secretary-General of the United Nations or to another person or entity agreed
upon by the parties.  Without prejudice to the possible application of article
26, paragraph 2, the confidentiality of the documents shall be preserved.
 
                           Article 24
 
     The commission shall conclude its work within the period agreed upon by
the parties.  Any extension of this period shall be agreed upon by the
parties. 
 
 
                           CHAPTER VII
 
     CONFIDENTIALITY OF THE COMMISSION'S WORK AND DOCUMENTS
 
                           Article 25
 
1.   The commission's meetings shall be closed.  The parties and the members
and expert advisers of the commission, the agents and counsel of the parties,
and the secretary and the secretariat staff, shall maintain strictly the
confidentiality of any documents or statements, or any communication
concerning the progress of the proceedings unless their disclosure has been
approved by both parties in advance.
 
2.   Each party shall receive, through the secretary, certified copies of any
minutes of the meetings at which it was represented.
 
3.   Each party shall receive, through the secretary, certified copies of any
documentary evidence received and of experts' reports, records of
investigations and statements by witnesses.
 
                           Article 26
 
1.   Except with regard to certified copies referred to in article 25,
paragraph 3, the obligation to respect the confidentiality of the proceedings
and of the deliberations shall remain in effect for the parties and for
members of the commission, expert advisers and secretariat staff after the
proceedings are concluded and shall extend to recommendations and proposals
which have not been accepted.
 
2.   Notwithstanding the foregoing, the parties may, upon conclusion of the
proceedings and by mutual agreement, make available to the public all or some
of the documents that in accordance with the preceding paragraph are to remain
confidential, or authorize the publication of all or some of those documents.
 
 
                          CHAPTER VIII
 
       OBLIGATION NOT TO ACT IN A MANNER WHICH MIGHT HAVE
              AN ADVERSE EFFECT ON THE CONCILIATION
 
                           Article 27
 
     The parties shall refrain during the conciliation proceedings from any
measure which might aggravate or widen the dispute.  They shall, in
particular, refrain from any measures which might have an adverse effect on
the recommendations submitted by the commission, so long as those
recommendations have not been explicitly rejected by either of the parties.
 
 
                           CHAPTER IX
 
        PRESERVATION OF THE LEGAL POSITION OF THE PARTIES
 
                           Article 28
 
1.   Except as the parties may otherwise agree, neither party shall be
entitled in any other proceedings, whether in a court of law or before
arbitrators or before any other body, entity or person, to invoke any views
expressed or statements, admissions or proposals made by the other party in
the conciliation proceedings, but not accepted, or the report of the
commission, the recommendations submitted by the commission or any proposal
made by the commission, unless agreed to by both parties.
 
2.  Acceptance by a party of recommendations submitted by the commission in no
way implies any admission by it of the considerations of law or of fact which
may have inspired the recommendations.
 
 
                            CHAPTER X
 
                              COSTS
 
                           Article 29
 
     The costs of the conciliation proceedings and the emoluments of expert
advisers appointed in accordance with article 15, shall be borne by the
parties in equal shares.