The Legality of a Jewish State

2021 ◽  
Author(s):  
John Quigley
Keyword(s):  
Middle East ◽  
United Nations ◽  
First Century ◽  
Diplomatic History ◽  
Jewish State ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
Legal Opinion

In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.

The Oxford Handbook on the United Nations

2008 ◽  
Keyword(s):  
United Nations ◽  
First Century ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
Key Topics ◽  
The United Nations ◽  
World Organization ◽  
Politics And Law

The Oxford Handbook on the United Nations is an authoritative, one-volume treatment of sixty years of history of the United Nations, written by over forty scholars, analysts, and practitioners writing sometimes controversially, but always authoritatively on the key topics and debates that define the institution. Citations and suggested readings contain a wealth of primary and secondary references to the history, politics, and law of the world organization. This Handbook includes a clear and penetrating examination of the UN's development since 1945 and the challenges that it faces in the twenty-first century. The Handbook also contains appendices of the UN Charter, the Universal Declaration of Human Rights, and the Stature of the International Court of Justice.

Expenses of the United Nations for Peace-Keeping Operations: The Advisory Opinion of the International Court of Justice

1963 ◽  
Vol 17 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Leo Gross
Keyword(s):  
Middle East ◽  
United Nations ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Simple Process ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

The advisory opinion of the International Court of Justice adopted by 9 votes to 5 on July 20, 1962, affirmed that the expenditures authorized for operations in the Congo (ONUC) by General Assembly resolutions from December 20, i960, to October 30, 1961, and the expenditures authorized for the operations of the UN Emergency Force (UNEF) in the Middle East from November 26, 1956, to December 20, 1960, constitute “Expenses of the Organization” within the meaning of Article 17, paragraph 2, of the Charter of the United Nations. Though the Court, for reasons discussed below, refrained from declaring it explicitly, the opinion had the effect of holding that Members of the UN were legally bound to pay the assessments made by the Assembly to defray the costs of the two operations. The Court arrived at this conclusion by a relatively simple process of reasoning: first, it found that the text of Article 17, paragraph 2, related to expenses incurred in carrying out the purposes of the Organization; second, it examined the expenditures referred to above, and found that they were incurred with that end in view; thirdly and finally, it examined arguments which had been advanced against its conclusion and found them without merit. Some of these arguments will be examined later.

UN INTERNATIONAL COURT PRACTICE: ACHIEVEMENTS AND CHALLENGES

2020 ◽  
Author(s):  
Мадина Алиевна Умарова
Keyword(s):  
United Nations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Court Practice

В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.

Consolidation of Statehood through Membership in the UN: Some Remarks on Kosovo, Democracy and International Law

2018 ◽  
Vol 43 (3) ◽  
pp. 331-349
Author(s):  
Iliriana Islami ◽  
Remzije Istrefi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
State Building ◽  
Former Yugoslavia ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Building Process

Kosovo declared its independence on 17 February 2008. Subsequently, one of the aims of Kosovo’s foreign policy was to further consolidate this position and to justify Kosovo’s prospective membership in the United Nations. This article examines the issue of recognition, elucidating how Kosovo is different from other countries and comparing it with the case of the former Yugoslavia. Other aspects in the state-building process such as ‘building constitutionalism’ will be presented as a step toward justifying recognition and membership. Furthermore, the Advisory Opinion of the International Court of Justice (ICJ) of 8 October 2008 will be presented as evidence of Kosovo’s strengthening international position in its quest for further recognition. Thus, the article will discuss and analyze the arguments in favor of Kosovo being admitted to the UN.

The United States Accepts Compulsory Jurisdiction

1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
United States Senate ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
One Year ◽  
United Nations Charter

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.

Territorial Dimensions of Self-Determination

2018 ◽  
Vol 51 (3) ◽  
pp. 427-468
Keyword(s):  
Middle East ◽  
International Law ◽  
Legal Aspects ◽  
Self Determination ◽  
International Court Of Justice ◽  
The Third ◽  
Court Of Justice ◽  
Middle East Conflict ◽  
International Court ◽  
Generous Support

Professor Yaël Ronen introduced the workshop as the fourth in a series of events on legal aspects of the Middle East conflict. The first two events concerned the Palestine Mandate of 1922. The third focused on the 1948 refugee issue. All these events have and are being held with the generous support of the Knapp Family Foundation and under the auspices of the International Law Forum of the Faculty of Law. Also, as part of the Shabtai Rosenne International Law Center Initiative, the first session was dedicated to the commemoration of the work of the late Shabtai Rosenne, whose scholarship spanned a host of international law issues but who is most renowned for his work on the International Court of Justice (ICJ).

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