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United Nations Conference on Trade and Development: Draft Texts Submitted to the Intergovernmental Group of Experts on an International Code of Conduct on Transfer of Technology*

Published online by Cambridge University Press:  20 March 2017

Abstract

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Type
Other Documents
Copyright
Copyright © American Society of International Law 1978

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Footnotes

*

[Reproduced from U.N.C.T.A.D. Document TD/AC.1/11 of November 23, 1977, Annexes I-IV. This document contained the Report of the Intergovernmental Group of Experts on an International Code of Conduct on Transfer of Technology on Its Fourth Session, held in Geneva, October 31-November 11, 1977.

[The revised draft outline submitted on behalf of the experts from the Group of 77 appears at I.L.M. page 462; the revised draft outline submitted on behalf of the experts from Group B (developed nations) appears at page 473; and the revised draft outline submitted by experts from Group 0 (the Socialist nations of Eastern Europe) appears at page 481.

[The U.N. General Assembly in Resolution 32/188 of December 19, 1977, decided to “convene a United Nations conference to negotiate and to take all decisions necessary for the adoption of an international code of conduct on the transfer of technology under the auspices of the United Nations Conference on Trade and Development, to be held from 16 October to 10 November 1978”, and invited the Secretary-General of the United Nations Conference on Trade and Development to convene, if necessary, additional meetings of the Intergovernmental Group of Experts, in order to adhere to the time-table” for the conference beginning in October. The Intergovernmental Group of Experts held its Fifth Session in Geneva, February 13-24, 1978, and continued work on the above drafts.

[Draft proposals on an international code of conduct on transfer of technology submitted by the various groups in 1975, appear at 14 I.L.M. 1329 (1975).]

References

a/ This text was prepared in Working Group I at the second session of the Intergovernmental Group of Experts.

b/ This text was prepared at the third session of the Intergovernmental Group of Experts by Working Group I. For the purpose of identifying the source of each element of composite drafts the following key is used: * Group of 77 text; ** Group B text; *** Group D te::t. In the Group of 77 and Group D draft outlines of the Code the chapter on principles and objectives precedes this Chapter.

c/ The corresponding text of the Group of 77 and Group D is in paragraph D in view of the structure of their drafts.

d/ This text was elaborated in Working Group I.

e/ Elaborated at the second session.

f/ Elaborated at the third session. It was felt that a provision along these lines might be incorporated in the chapeau part after further consideration of the chapter. This provision relates to 2.1 (last sentence) of the Group B text.

g/ Elaborated at the second session. These provisions relate to the following provisions: l.l(i) and l.l(iv) of the Group of. 77 text; 2.1, 2.2(i) and 2.2(ii) of the Group B text; 1.1.1 end 1.1.6 of the text submitted on behalf of States members of GroupDand Mongolia.

h/ Elaborated at the second session. This provision relates to the following provisions: l.l(iii) of the Group of 77 text; 2.2(iii) of the Group B text; 1.1.2 and 1.1.4 of the text submitted on behalf of States members of Group B cxid Mongolia.

i/ Elaborated at the third session. This provision relates to the following provisions: l.l(ii) of the Group of 77 text; 1.1.3 and 1.1.5 (first part) of the text submitted on behalf of Group D and Mongolia.

j Elaborated at the third session. This provision relates to the following provisions: l.l(ix) of the Group of 77 text; 2.2(iv) of the Group B text.

k/ Elaborated at the third session. This provision relates to the following provisions: l.l(vi) of the Group of 77 text; 2.2(vi) of the Group B text. For the purpose of identifying the source of each element of composite drafts the following key is used: * Group of 77 text; ** Group B text; *** Group D text.

l/ This term was examined as a possible solution.

m/ Elaborated at the third session. This provision relates to the following provisions: l.l(viii) of the Group of 77 text; 2.2(v) of the” Group B text; 1.1.6 of the text submitted on behalf of States members of Group 3) and Mongolia.

n/ Elaborated at the third session. The Group of 77 felt that this provision which is now formulated as an objective should be reviewed in connexion with the consideration of a relevant principle, hence the provision was temporarily placed in brackets. This provision relates to 2.2(vii) of the Group B text.

o/ This text was prepared by Working Group III.

p/ This text ,was elaborated in Working Group II. The following symbols are used in this part of the composite text: Lover case without brackets: Agreed text Lower case with brackets: Group B text Capital letters with brackets: Group of 77 text Lower case underlined with brackets: Group D text Capital letters underlined with brackets: Group of 77 and Group D text Double square brackets and lover case: Group of 77 and Group B text Double square brackets and lower case underlined: Group B and Group D text.

q/ This text was prepared by Working Group I at the fourth session. Foridentification purposes, the following key has been used:*Group of 77; . ** Group B; -“o-“-* Group D.

r/ Experts of Group D countries agree with this formulation but propose that a definition along the following lines be considered for inclusion in the chapter on definitions: The term “private decision” means a decision taken by natural or legal persons as distinct from the. State or State Treasury under their domestic laws.

a/ This text reproduces the draft submitted on behalf of the experts from the Group of 77, as reproduced in TD/AC.l/9, annex II, incorporating the revisions and amendments submitted on behalf of the Group of J7 at the fourth session of the Intergovernmental Group.

76 b/ Text revised at the third session of the Intergovernmental Group of Experts and circulated (TD/AC.l/..'G.l/CRP.7) in Working Group I at the session.

c/ This text was amended during the fourth session in Working Group II.

d/ For purposes of comparison, the numbering used in this revised section follows, as appropriate, the numbering of the earlier draft of chapter IV as reproduced in TD/AC.l/4, annex I; TD/AC.1/7, annex II; and TD/AC.l/9, annex II.

e/ The text of this chapter replaces chapters VI and VTI of the earlier draft of the Group of 77, as reproduced in TD/AC.1/4, annex I.

f/ These sections, which were’ sections 7-4- and 7-5- of chapter VII of the Group of 77 text as reproduced in annex I of TD/AC.1/4 are currently under review with a view to the preparation of a revised text on the subjects dealt with in them.

g/ See footnotee/above.

a/ This text reproduces the draft submitted on behalf of the experts from Group B as contained in TD/AC.I/9, annex III, incorporating the revisions submitted on behalf of Group B at the fourth session.

b/ This text was amended during the fourth session in Working Group I

a/ This text reproduces the drafts submitted by the expert from the USSR on behalf of the experts of the above States as reproduced in TD/AC.l/15, annex IV, incorporating the additions and amendments submitted during the fourth session of the Intergovernmental Group 01 Experts.

b/ During discussions on Principles in Working Group I, the experts from Group D and Mongolia aubtaitted a new formulation for further consideration. See footnote e/ following.

c/ This text was amended during the fourth session.

d/ Text introduced at the third session of the Intergovernmental Group and circulated (TD/AC.l/tfG.Il/CRP.2) in Working Group II.

e/ During the course of the discussion on Principles, the erperts from Group D and Mongolia submitted a new fornulation of this section for consideration. The text of this formulation is reproduced overleaf.

f/ See also footnote e/ above.