Article 7 REVIEW OF DECISIONS AND RECOMMENDATIONS OF THE COMMISSION

Except for decisions under article 3, each decision or recommendation adopted by the Commission pursuant to the provisions of this Convention shall be subject to approval or modification by the Council or the General Assembly in the same way as other decisions or recommendations of the Commission.

Commentary

1. Articles 7 and 8 contain constitutional provisions concerning the Commission on Narcotic Drugs. 1 The Single Convention does not provide for the composition of the Commission as it does for that of the International Narcotics Control Board.'   The Parties to the Convention accept the composition of the organ named "Commission on Narcotic Drugs of the Economic and Social Council", 3 to which they entrust a number of treaty functions, 4 as determined by the Council from time to time in accordance with the Charter of the United Nations.   The Charter provision in question 5 stipulates that "The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions".   The Council may, under this provision, define the composition of the Commission on Narcotic Drugs and the powers which it confers on that organ, in addition to those provided for in the multilateral treaties, including in particular the Single Convention. 6

2.   Under the present rules of the Council, the Commission is composed of twenty-four Governments chosen by the Council normally for terms of four years, with due regard to adequate representation of countries which are important manufacturers of narcotic drugs, of those which are important producers of opium or coca leaves and of those in which drug addiction or the illicit traffic in narcotic drugs constitutes a serious problem. The principle of equitable geographic distribution must as well be taken into account in this election. 7   Not only Members of the United Nations, but also States which are not Members of the United Nations, may be elected if they are members of a specialized agency or Parties to the Single Convention. 8   The delegates to the Commission are at present representatives of Governments, and their appointment does not require consultation with the Secretary-General or confirmation by the Council as in the case of other functional commissions. 8 The Council has full discretion to change the composition of the Commission on Narcotic Drugs; it may even convert it into a body partially or fully composed of independent experts chosen in their individual capacity.   It must, however, maintain a collegial body, 10 however composed, for the performance of the functions entrusted by the Single Convention 11 to the Commission on Narcotic Drugs.

3.   The Commission has two different kinds of powers: those assigned to it by its terms of reference or other decisions of the Council 12 ("Charter functions"), and those granted to it by provisions of the Single Convention or of earlier narcotics treaties ("treaty functions").   As regards these earlier treaties, the view has been held that the authority which the Council has over the Comsion's Charter functions does not extend to that organ's treaty functions. Is Article 7 of the Convention settles this question in favour of the Council's authority in respect of the treaty functions of the Commission under the Single Convention.   All decisions and recommendations of the Commission taken under provisions of that Convention are subject to the authority of the Council. Decisions taken under article 3 amending any of the Schedules can be reviewed by the special procedure of paragraph 8.   All other decisions i.e. all except those taken in accordance with article 3 and all recommendations of the Commission under the Single Convention are "subject to approval or modification by the Council or the General Assembly in the same way as other decisions or recommendations of the Commission", i.e. as the Commission's actions taken in respect to functions derived from the United Nations Charter. The phrase "other decisions and recommendations" refers to these "Charter functions" and not to decisions which the Commission may take under powers which it has under earlier treaties. 14   By abstaining from describing the procedure of approval or modification by the Council or General Assembly, article 7 avoids possibly controversial questions and leaves the way for evolutions in the United Nations practice in this connexion.

4.   The Council has complete authority over the decisions and recommendations of the Commission in regard to "Charter functions", and thus also in respect to such actions under the Single Convention, with the exception of the Commission's decisions under article 3 which are subject to the different review procedure mentioned above. The Council may expressly rescind these decisions or recommendations, may modify them in any way it may see fit, or may simply deny them implementation by failing to act on them.   The Commission's decisions and recommendations, whether in form of recommendations to the Council, of draft resolutions suggested for the Council's adoption or of actions in the name of the Commission itself, are included in the reports of the Commission to the Council.   They are normally not transmitted by the Secretary-General for implementation to Governments or to international organs to which they may be addressed until they have been approved by the Council, either directly, or indirectly by "taking note" of the Commission's report containing them.   Only Commission resolutions of minor importance, which are not controversial, which have no financial implications and which if they concern a specialized agency have been accepted by that agency, are dispatched for implementation before they are so approved by the Council. 15

5.   The authority of the General Assembly over the Economic and Social Council and thus also over the Council's Commissions is laid down in the Charter of the United Nations. Article 60 of the Charter provides that "responsibility for the discharge of the functions of the Organization set forth in this Chapter [i.e. in Chapter IX on international economic and social cooperation] shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X". Article 66, paragraph 3, stipulates that the Council "shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly". 16

6.   The General Assembly at its first session adopted a resolution that the Economic and Social Council, as one of the principal organs of the United Nations, should be allowed the widest possible freedom to carry out its work. 17 The General Assembly's authority over the Council has been said to mean, in practice, a continuing authority of a general nature. 18 The relation between the two organs has, however, later been summed up by an author who states that "generally speaking, the General Assembly has viewed its relations to ECOSOC as permitting detailed review of the acts of that organ and free revision of its recommendations". 19 While the Council has continuously initiated action without specific authorization of the General Assembly, $° it has on a number of occasions acted on the recommendation or request of the Assembly. 21   It has also revised its decisions in compliance with the wishes of the General Assembly whether expressed in the form of a "recommendation", "request" or "invitation". 22

7.   The General Assembly has on some occasions addressed subsidiary organs of the Council, either directly or through the Council.   It has also given directions to such organs. 23   It can therefore be concluded that it can also give instructions to the Commission on Narcotic Drugs. 24

8.   The Spanish text of article 7 of the Single Convention uses the words "las decisiones y recomendaciones aprobadas por la Comision en cumplimiento de sus disposiciones" for the English version which reads "each decision or recommendation adopted by the Commission pursuant to the provisions of this Convention". The French wording "toute decision ou recommandation adoptee par la Commission en execution des dispositions de la presente Convention" fully agrees with the English text. The possessive adjective "sus" of the Spanish text refers to "Comision". The recommendations and decisions of the Commission referred to in the Spanish version would therefore not be those taken pursuant to the provisions of the Single Convention-as in the English and French text-but resolutions adopted pursuant to provisions of the Commission itself. Since the meaning of the Spanish text, as a result of some error of drafting or translation, is obviously obscure, it must be assumed that the English and French text convey the intention of the Parties, as can be seen from the discussion of this provision at the Plenipotentiary Conference which adopted the Single Convention. 25

1 As regards the power of the Commission to change the Schedules, see articles 3 and 8, para. (a); as regards other specific functions of the Commission, see article 8, article 15, para. 1, article 18, article 31, para. 5 and article 32, para. 2. For the expenses of the Commission, see article 6; see also article 5.

2. Article 9.

3. Articles 5 and 1, para. 1, subpara. (g).

4. See above, foot-note 1.

5. Article 68.

6. Rule 71 of the Rules of Procedure of the Council, in force at the time of this writing, reads: "The Council shall set up such Commissions as may be required for the performance of its functions, and shall define the powers and composition of each of them."; document E/3063/Rev.l, United Nations publication, Sales No. 67.1.32.

7. Economic and Social Council resolution 1147 (XLI), para. 4, together with resolution 845 (XXXII) 11, paras. 2 and 3 and 111, para. 1.

8. Economic and Social Council resolution 845 (XXXII) II, para. 1; earlier resolutions on the matter are 9 (I) and 199 (VIII).

9. See foot-note 4 to rule 13 of the Rules of Procedure of Functional Commissions of the Economic and Social Council, document E/4767, United Nations publication, Sales No. E.70.1.9; the other functional commissions are, at the time of this writing, the Statistical Commission, the Population Commission, the Commission for Social Development, the Commission on Human Rights and the Commission on the Status of Women. See foot-note l to the title of these Rules of Procedure. After the completion of this commentary the membership of the Commission was increased to ?0 by Economic and Social Council resolution 1663 (LII) of 1 June 1972.

10. A "commission", a body composed of more than one member.

11. Or by other multilateral drug treaties.

12. Economic and Social Council resolution 9 (I), para. 2.

13. In one particular case of exercising a treaty function, in appointing a member of the Drug Supervisory Body under article 5, para. 6 of the 1931 Convention as amended by the 1946 Protocol, the Commission, at its thirteenth session (1958), acted in fact contrary to a wish expressed by the Council; see Economic and Social Council resolution 667 (XXIV) H, para. 2 and Official Records of the Economic and Social C ouncil, Twenty-sixth Session, Supplement No. 9, paras. 114-116. The Convention on Psychotropic Drugs, when in force will also confer functions on the Commission; document E/CONF./58/6. 

14. E.g. a decision under article 2 of the 1948 Protocol to place a drug under provisional control.

15. Records, vol. II, p. 211.

16. The budget authority of the General Assembly (article 17 of the Charter) strongly reinforces its controlling position.

17. General Assembly resolution 5 (I); Repertory of Practice of United Nations Organs, vol. III. Articles 55-72 of the Charter, New York, 1955; foot-note 12 relating it) the text of the Repertory concerning Article 60; see also Leland M. Goodrich, t Edward Hambro, and Anne Patricia Simons, Charter of the United Nations, Commentary and Documents, third edition revised, New York, Columbia University Press, 1969, p. 406.   It has been observed that since General Assembly resolution 5 (I) t here has been a pronounced development in the direction of subordination in respect to detailed decisions as well as general authority"; ibid.

18. The volume of the Repertory referred to in the preceding foot-note, para. 8 of the text concerning Article 60 of the Charter

19. Goodrich and others, op. cit., p. 407.

20. The volume of the Repertory referred to in foot-note 16, para. 8 of the text relating to Article 60 of the Charter.

21. Goodrich and others, op. cit., p. 406.

22. The volume of the Repertory referred to in foot-note 17, para. 9 of the text relating to Article 60; see also volume III of Supplement No. 2 of this Repertory, paras. 10 and 21 of the text relating to Article 60; and Goodrich and others, op. cit., 406.

23. Repertory of Practice of United Nations Organs, vol. III, paras. 17-22 of the text relating to Article 60 of the Charter; Supplement No. 2 of the Repertory, vol. III, para. 16 of the text relating to the same article; Goodrich and others, op. cit., p. 407.

24. In resolution 2584 (XXIV) of 15 December 1969, the General Assembly requested the Council to call upon the Commission on Narcotic Drugs to proceed at its "special session" without delay to complete the draft protocol for the control f psychotropic substances. The Commission at the time of the adoption of the -elution was scheduled to meet in special session in January 1970. It actually met It that time and completed the draft Protocol as called upon by the General Assembly to do so; see foot-note 10 to comments on article 6, above.

25. Records, vol. 11, pp. 211-212.