The Inaugural Manfred Lachs Memorial Lecture

1995 ◽  
Vol 8 (1) ◽  
pp. 41-52
Author(s):  
Edward McWhinney
Keyword(s):  
Security Council ◽  
Memorial Lecture ◽  
General Assembly ◽  
Second Phase ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
South West ◽  
International Court ◽  
Un Security Council ◽  
South West Africa

In this, the inaugural Manfred Lachs Memorial Lecture given at the seat of the International Court of Justice, we celebrate the judicial life and learning, and also the judicial wisdom of the longest-serving judge of the Court and its sometime President, who died on January 14th, 1993. Manfred Lachs came to the Court in February, 1967, having been elected in October, 1966, in the first elections following the Court's politically and, in some elements at least (judicial recusation, as example)legally controversial decision in South West Africa, Second Phase1 which had been rendered only two months before the UN Security Council and General Assembly regular triennial balloting on renewal or replacement of one third of the Court's membership.

Canada and Namibia

1980 ◽  
Vol 17 ◽  
pp. 314-323
Author(s):  
Livia Meret
Keyword(s):  
South Africa ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
South West ◽  
International Court ◽  
South West Africa ◽  
The Government ◽  
Legal Consequences

In 1971 The International Court of Justice in an Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia concluded that the mandate for South-West Africa had been validly terminated by the General Assembly in Resolution 2145 (XXI) of October 27, 1966, and that “the continued presence of South Africa in Namibia being illegal, South Africa is under an obligation to withdraw its administration from Namibia immediately and thus put an end to its occupation of the Territory.” Further, the Court said that:States Members of the United Nations are under obligation to recognize the illegality of South Africa’s presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia, and to refrain from any acts and, in particular, any dealings with the Government of South Africa implying recognition of the legality of or lending support or assistance to, such presence and administration.

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.

Vacancies on ICJ Filled by Election

1991 ◽  
Vol 85 (1) ◽  
pp. 200-200
Author(s):  
T. M. F.
Keyword(s):  
United Kingdom ◽  
Sri Lanka ◽  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court

On February 5, 1991, the terms of five members of the International Court of Justice expired: those of President J. M. Ruda (Argentina) and Judges K. Mbaye (Senegal), Sir Robert Jennings (United Kingdom), G. Guillaume (France) and R. S. Pathak (India). In conformity with Articles 4 and 13 of the Statute of the Court, the General Assembly and the Security Council, on November 15, 1990, elected five persons to nine-year terms of office. Judges Mbaye, Ruda and Pathak did not stand for reelection. Judges Jennings and Guillaume were reelected. The newly elected judges are Andrés Aguilar Mawdsley (Venezuela), Raymond Ranjeva (Madagascar) and Christopher Gregory Weeramantry (Sri Lanka).

12. The peaceful settlement of disputes

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.

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.

Part 2 The United Nations: What it is, 14 The Financing of the United Nations

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
Security Council ◽  
Early Years ◽  
General Assembly ◽  
Working Capital ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Social Council ◽  
International Court ◽  
The United Nations

This chapter discusses the regular budget of the UN. The UN’s regular budget includes the expenses of its principal organs—the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council, and the Secretariat—as well as subsidiary bodies. From tens of millions in the early years of the organization, the regular budget has grown to billions of dollars. It is composed of various parts, sections, and programmes. No funds may be transferred between different appropriation sections without the authorization of the General Assembly. The remainder of the chapter covers the authorization of programmes; formulation and examination of estimates; approval and appropriation; implementation and the Contingency Fund; audit; the Working Capital Fund; financing of peacekeeping; international tribunals; voluntary contributions; self-support; apportionment of expenses of the organization; and administrative and budgetary coordination between the UN and specialized agencies.

The 1987 Elections to the International Court of Justice

1988 ◽  
Vol 25 ◽  
pp. 379-388 ◽  
Author(s):  
Edward G. Lee ◽  
Edward McWhinney
Keyword(s):  
United Nations ◽  
Security Council ◽  
Ad Hoc ◽  
Hague Convention ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The Hague Convention

The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.

The Continuing Contributions of Ronald St. J. Macdonald to UN Charter and Peace and Security Issues

2003 ◽  
Vol 40 ◽  
pp. 265-285
Author(s):  
John H. Currie
Keyword(s):  
Security Council ◽  
Judicial Interpretation ◽  
International Court Of Justice ◽  
Security Issues ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council ◽  
Peace And Security ◽  
The Relationship

SummaryIn this article, the author focuses in particular on Macdonald’s writings on the relationship between the International Court of Justice and the UN Security Council. After considering the continuing uncertainties in that relationship, the author argues that the emerging practice of “evolving reinterpretation” of Security Council Chapter VII resolutions suggests yet another important role for the court — that of guardian of Security Council authority through authoritative, judicial interpretation of purported Security Council authorizations to use force.

scholarly journals He Got It Almost Right

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 116-117
Author(s):  
Frederic L. Kirgis
Keyword(s):  
Security Council ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Peace ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Peace And Security ◽  
The Icj

Larry Johnson’s answer to his own question is a qualified “no.” Surely he is correct when he says that the General Assembly does not need the Uniting for Peace resolution in order to consider a matter that is on the UN Security Council’s agenda. The International Court of Justice made that clear in its Advisory Opinion on the Construction of a Wall. It is only when the Security Council is actively pursuing the matter that UN Charter Article 12(1) requires the General Assembly to defer to the Council.Johnson is also correct when he says that Uniting for Peace does not serve to enhance the authority that the UN Charter itself supplies to the Assembly to adopt non-binding resolutions intended to keep or restore peace. The ICJ also made that clear in its Advisory Opinion on the Construction of a Wall. Without relying on the Uniting for Peace resolution, the ICJ in paragraphs 27 and 28 of its Opinion approved the practice of the General Assembly to deal with matters concerning maintenance of international peace and security. The Court turned to the Uniting for Peace resolution only in the ensuing paragraphs of its Opinion, dealing with procedural matters related to the Assembly’s request for an Advisory Opinion.

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