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interpreting SCR 1382, part II



Dear list members,

Two things have been brought to my attention about interpreting SCR 1382.

First, the French version of paragraph two reads "decides to adopt the List
and the procedures, subject to eventual refinements that could be made to
them with the Council's consent on the basis of future consultations".  This
text seems to favour the first interpretation, namely that the list and
procedures have been adopted, but "could" be refined by future resolutions.
The Spanish version also uses the "decides to adopt" rather than the
English's "decides that it will adopt".

Second, the UN has actually issued two contradictory press releases, one
favouring each interpretation.  The first, at
http://www0.un.org/apps/news/story.asp?NewsID=2293&Cr=Iraq&Cr1=oil, reads:

<quote begins>
the Council also took note of a proposed Goods Review List, which is under
consideration with a view to speeding up the delivery of humanitarian
assistance to Iraq. The Council decided it will "adopt the List and the
procedures, subject to any refinements to them agreed by the Council in
light of further consultations, for implementation beginning on 30 May
2002."
<quote ends>

The second, at http://www.un.org/News/Press/docs/2001/SC7229.doc.htm, reads:

<quote begins>
the Council also approved a proposed Goods Review List, attached as an Annex
1, open for implementation on 30 May 2002.  Items on the list ... are
subject to procedures attached in Annex 2...
<quote ends>

Best,

Colin Rowat

work | Room 406, Department of Economics | The University of Birmingham |
Birmingham, B15 2TT, UK | (+44/0) 121 414 3754 | (+44/0) 121 414 7377 (fax)
| c.rowat@bham.ac.uk

personal | (+44/0) 7768 056 984 (mobile) | (+44/0) 7092 378 517 (fax) |
(707) 221 3672 (US fax) | colinrowat@yahoo.com

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