The South West Africa Cases: an Appraisal

1967 ◽  
Vol 21 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
West Africa ◽  
Major Question ◽  
International Court Of Justice ◽  
South West ◽  
International Court ◽  
New States ◽  
The Icj ◽  
South West Africa ◽  
International Adjudication

Ethiopia and Liberia instituted litigation in 1960 before the International Court of Justice (ICJ) to test the legality of South Africa's administration of the mandated territory of South West Africa. The ICJ received, thereby, an opportunity to deal with a major question of international concern. Hopes were raised that the role of international adjudication would be enhanced by the results of this litigation. The case was also expected to demonstrate to the new states that the procedures and institutions of traditional international law could be used to promote, as well as to retard, their distinctive goals in international life.

The International Court of Justice During the Battle for International Law (1955–1975)

2019 ◽  
pp. 235-256
Author(s):  
Ingo Venzke
Keyword(s):  
West Africa ◽  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Independent States ◽  
South West Africa ◽  
Newly Independent States

This chapter investigates the role of the International Court of Justice (ICJ) during the battle for international law circa the years of 1955–1975. It first draws attention to newly independent states that saw the Court in its role of reinforcing international law’s colonial imprints. The chapter then focuses on the Court’s captivating highpoint during the battle for international law: its 1962 and 1966 Judgments in South West Africa, and the jarring 1966 decision which, in the eyes of many states, presented the ICJ as a ‘white man’s court’ in a white man’s world. The chapter then shows the effects of the 1966 decision in judicial elections and the quest to change the composition of the bench. Finally, the chapter argues that the present inquiry serves as a vivid reminder that international law and its institutions are the product of a veritable struggle, then as now.

The South-West Africa Case, the New Nations, and International Law

1966 ◽  
Vol 4 (3) ◽  
pp. 375-380
Author(s):  
Sol Picciotto
Keyword(s):  
West Africa ◽  
International Law ◽  
The South ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
South West ◽  
International Court ◽  
South West Africa ◽  
Proper Analysis

The judgment of the International Court of Justice of 18 July 1966 in the South-West Africa case throws revealing light on the role of that Court in the international community. A proper analysis of this case may also help to dispel some of the mystification about international law and the attitude of the new nations to it.

Case Analysis: The ICJ and South West Africa (Namibia): A Retrospective Legal/Political Assessment

1999 ◽  
Vol 12 (2) ◽  
pp. 425-436 ◽  
Author(s):  
Michla Pomerance
Keyword(s):  
West Africa ◽  
International Relations ◽  
Political Issue ◽  
Law And Politics ◽  
South West ◽  
Legal Questions ◽  
The Icj ◽  
South West Africa ◽  
International Adjudication

No single political issue has engaged the ICJ more than that of South West Africa (Namibia). Over a period ranging from 1949 through 1971, recourse was had to the Court, both in its advisory and contentious capacities, on various aspects of the problem. Even today, after Namibia attained independence, the Court's jurisprudence and the saga of UN-Court relations in this matter continue to intrigue. This is because the questions raised have continuing relevance to many issues bearing on international law and international relations.Much has been, and will be, written on the approach of the Court and of individual judges to a panoply of international legal questions raised in the course of the judicial proceedings. But, in fact, the long tale also offers researchers an enticing fountain of material on the role of law and adjudication in international relations, on the interaction between the UN judicial and political fora and, more broadly, between law and politics. This article focuses mainly on these latter, relatively neglected, aspects because it is with respect to these that the benefit of hindsight offers the ability to reassess and revise some of the earlier assumptions and to note some interesting paradoxes not readily discernible at the time. Perhaps revision of some of the axiomatic propositions long perpetuated in the field will offer better guidance to those seeking to enhance the role of international adjudication in world affairs.

4 Legal Acts, 4.1 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970) , Advisory Opinion, [1971] ICJ Rep 16

2016 ◽  
Author(s):  
Leyh Brianne McGonigle
Keyword(s):  
South Africa ◽  
Security Council ◽  
International Organizations ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
International Court ◽  
The Icj ◽  
South West Africa ◽  
Legal Consequences

The Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia touches upon the role of the International Court of Justice (ICJ) in exercising review over the factual and legal determinations of other principal UN organs, including the UN General Assembly (GA) and Security Council (SC). The relevance of the case, with regard to international organizations and legal acts, hinges on the findings related to the role of the ICJ as a judicial institution vis-à-vis its more political counterparts within the UN organization, the dissolution and succession of international organizations, and the power and limits of international organizations to ensure compliance with their rules and standards.

The Thirty-Fourth Year of the World Court

1956 ◽  
Vol 50 (1) ◽  
pp. 1-17
Author(s):  
Manley O. Hudson
Keyword(s):  
West Africa ◽  
United Nations ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
South West ◽  
International Court ◽  
The World ◽  
South West Africa

On April 6, 1955, during its thirty-fourth year, the International Court of Justice decided one case brought on December 17, 1951, by Liechtenstein against Guatemala—the Nottebohm Case—in favor of Guatemala. It also gave an Advisory Opinion to the General Assembly of the United Nations on June 7, 1955, on the Voting Procedure on Questions relating to Reports and Petitions concerning the Territory of South-West Africa.

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