GONE WINEHAL

(NB.

The phrase "prompt adequate, and

effective compensation", while the normal formulation used by international courts, has proved to be inflammatory.

There may

be some presentational advantage, therefore, in using a vaguor phrase such as "in accordance with international law" as long as it is clear to all that our position on permanout sovereignty reuninC the same).

Tactics

2.

If Resolutions are tabled recalling resolutions of the Gonsral Assembly or ECOSOC, and reaffirming the right of states to permanent sovereignty over their natural resources, we mist continue to defend our position that an expropriating state has a duty under international law to pay prompt adequate and effective compensation.

3. The Delegation should, in concort with EC partners and other 1:ke-minică delegations who may be present (eg the USA and Japan), seek to influence the texts of drafts put forward by G77 mɔnbsro in contacts with key members o.. that Group. If an unacceptable resolution is adopted, a statement of position needs to be made, even if this merely recalls our well known view that sovoreley should be exercised in accordance with international law.

If & sufficient number of the Nine are present for it to be appropriato, a statement could be made by the Presidency of the EC. The defensive points above could be drawn on if the Community partners

agree.

(90)

/Background

COMETENTIAL

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