CFM Files
United States Delegation Journal
USDel (PC) (Journal) 53
The Commission spent nearly two hours in a discussion of whether the Rules of Procedure provided that a recommendation required a two-thirds majority of all members of the Commission or a two-thirds majority of those members present and voting. M. Aroutiunian (USSR) insisted that the Rules of Procedure clearly indicated that a two-thirds majority of all the members of the Commission was required for a recommendation. M. Alphand (France) suggested that the question be referred to the competent authorities of the Conference. Mr. Thorp (U.S.) suggested that the Commission report to the Plenary Conference the views which had been expressed and the details of the voting, without indicating whether or not the Commission was making a recommendation. The Commission finally agreed that the Chairman, Vice Chairman and Rapporteur should consult the competent authorities of the Conference and report to the Commission.
[Page 569]M. Alphand moved, as a French proposal, the revised US draft of Article 68, paragraph 4, inserting 75 percent as the amount of compensation to be paid and adding a final paragraph to the effect that Italy will compensate U.N. nationals for damage resulting from special measures applied to their property during the war.59 The Commission adopted paragraph 4(a) by a vote of 11 to 4 (Byelo-russia, Ukraine, USSR and Yugoslavia) with five abstentions (U.S., Australia, Brazil, China and Poland). The Commission then considered paragraph 4(b). M. Aroutiunian asserted that this paragraph was a flagrant violation of paragraph 8 of Article 68, which had been unanimously adopted by the CFM. He asked whether the French Delegation (and, by implication, the US and UK Delegations) did not regard itself as being bound by the decisions of the CFM. M. de Carbonnel (France), Mr. Gregory (U.K.) and Mr. Thorp pointed out that the words “United Nations nationals”, as used in subparagraph (b), would be defined according to paragraph 8(a) and that the subparagraph (b) merely provided that compensation would be paid for damages to property held by UN nationals through corporations. The Commission adjourned before voting on this question.
- Regarding the United States proposal under reference, that contained in C.P.(IT/EC) Doc. 65, see the United States Delegation Journal account of the 23rd Meeting, September 24, and footnote 33, p. 536. Regarding the Commission’s decision on percent of compensation, see the United States Delegation Journal account of the 24th Meeting, September 25, p. 558.↩