‘There was an elephant in the court room’: Reflections on the role of Judge Sir Percy Spender (1897–1985) in theSouth West Africa Cases(1960–1966) after half a century

2017 ◽  
Vol 31 (1) ◽  
pp. 147-170
Author(s):  
VICTOR KATTAN
Keyword(s):  
Soviet Union ◽  
West Africa ◽  
International Law ◽  
Self Determination ◽  
Political Systems ◽  
South West ◽  
The Soviet Union ◽  
South West Africa ◽  
The Cold War

AbstractThis article argues that theSouth West Africa Caseswere brought to an ignominious end because the cases were about self-determination as much as they were about apartheid. For liberals like Judge Sir Percy Spender, the President of the Court, political systems based on majority rule looked suspiciously like authoritarian regimes modelled on the Soviet Union during the Cold War. It is submitted that, given the controversy surrounding self-determination in international law, Sir Percy wanted to avoid addressing the merits of the cases. Self-determination was the proverbial ‘elephant in the court room’ that Sir Percy wanted to avoid at all costs. This article builds upon earlier archival research on theSouth West Africa Casesby taking a closer look at Sir Percy's role in the cases and his views on self-determination. It is argued that what ‘killed’ the cases was Sir Percy's belief that Ethiopia and Liberia were seeking to ‘legalize’ self-determination with a view to further uniting the Afro-Asian bloc at the United Nations with the Soviet Union against the West.

Self-Determination during the Cold War: UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965)

2016 ◽  
Vol 19 (1) ◽  
pp. 419-468 ◽  
Author(s):  
Victor Kattan
Keyword(s):  
Indian Ocean ◽  
West Africa ◽  
International Law ◽  
Self Determination ◽  
General Assembly ◽  
Customary International Law ◽  
The United Kingdom ◽  
South West ◽  
South West Africa ◽  
Un General Assembly

This article uses the history of partition to assess when self-determination became a rule of customary international law prohibiting partition as a method of decolonization. In so doing it revisits the partitions of Indochina, Korea, India, Palestine, Cyprus, South Africa, and South West Africa, and explains that UN practice underwent a transformation when the UN General Assembly opposed the United Kingdom’s partition proposals for Cyprus in 1958. Two years later, the UN General Assembly condemned any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country in Resolution 1514 (1960). The illegality of partition under customary international law was raised during the second phase of the South West Africa Cases (1960–1966) in respect of South Africa’s homelands policy, but the International Court of Justice (ICJ) infamously did not address the merits of those cases. The illegality of partition was also raised in the arbitration between the United Kingdom and Mauritius over the establishment of the British Indian Ocean Territory in 1965. Like the ICJ in the South West Africa Cases, the Arbitral Tribunal decided that it did not have jurisdiction to address the legality of the British excision of the Chagos Archipelago from Mauritius, even though the legality of the excision was argued at length between counsels for Mauritius and the United Kingdom in their oral pleadings and written statements. However, in their joint dissenting opinion, Judge Rüdiger Wolfrum and Judge James Kateka expressed their opinion that self-determination had developed before 1965, and that consequently the partition was unlawful. This paper agrees that selfdetermination prohibited the partition of Mauritius to establish the British Indian Ocean Territory, a new colony, in 1965 although self-determination probably did not emerge as a rule of customary international law until the adoption of the human rights covenants in 1966, after the excision of the Chagos Archipelago in 1965, but before the passage of the Mauritius Independence Act in 1968.

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 1 The Cold War Era (1945–89), 13 The Intervention in Czechoslovakia—1968

2018 ◽  
Author(s):  
Hafner Gerhard
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
International Law ◽  
Political System ◽  
The Political ◽  
Leading Role ◽  
The Soviet Union ◽  
Valid Consent ◽  
The Cold War

This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.

Trusteeship Council

2018 ◽  
pp. 177-189 ◽  
Author(s):  
Ralph Wilde
Keyword(s):  
West Africa ◽  
International Law ◽  
League Of Nations ◽  
The Self ◽  
Self Determination ◽  
International Policy ◽  
South West ◽  
South West Africa ◽  
Administration And Supervision ◽  
Historical Controversy

The Trusteeship Council, a UN principal organ, is responsible for the Trusteeship System, an institutionalized form of colonial administration broadly following the League of Nations Mandates arrangements. This system came to be repudiated, alongside other forms of colonialism, by the external self-determination entitlement that emerged in international law after the creation of the UN in 1945. The present chapter details the concept of ‘trust’ in international policy; the central features of the Mandates and Trusteeship arrangements; the territories covered; the objectives and duration of the arrangements; the structure of administration and supervision; the historical controversy over South West Africa/Namibia; the self-determination entitlement; the revival of trusteeship; reform proposals; the new Peacebuilding Commission; and the continuing use of the Trusteeship Council chamber.

scholarly journals Military Security in Central and Eastern Europe – from overarching principles to current NATO perspectives

2019 ◽  
Vol 193 (3) ◽  
pp. 547-557
Author(s):  
Sławomir Wojciechowski
Keyword(s):  
Soviet Union ◽  
North Atlantic ◽  
Central And Eastern Europe ◽  
The North ◽  
The Soviet Union ◽  
Collective Defense ◽  
Military Security ◽  
The Cold War ◽  
Adaptation Processes

This year, NATO is celebrating its 70th anniversary and the signing of the North Atlantic Treaty. The Alliance was founded in the early days of the Cold War, but found itself in a new geopolitical situation after the col-lapse of the Soviet Union and the end of the bipolar world. The organi-zation has been transforming ever since and over time this transfor-mation has included both expansion and adaptation to new circum-stances. With the return of Russian neo-imperial ambitions in the re-cent years, NATO has been given new impetus. Emerging threats and challenges, which are mainly of a military nature, have been addressed by NATO through further recent adaptation processes which were based on the return to the core role of the Alliance, namely collective defense and deterrence. This, in turn, has created a boost of NATO ac-tivity on the ground, which means that improvement with regard to interoperability and integration is now in high demand.

Challenging US Hegemony: The Ukrainian Crisis and Russian Regional Order

2017 ◽  
Vol 44 (1) ◽  
pp. 76-95
Author(s):  
Michael O. Slobodchikoff
Keyword(s):  
Soviet Union ◽  
Dynamic Change ◽  
The United States ◽  
Global Order ◽  
The Soviet Union ◽  
Regional Order ◽  
Us Hegemony ◽  
Ukrainian Crisis ◽  
The Cold War

Following the collapse of the Soviet Union, Russia was reduced from the role of a global hegemon to that of a regional hegemon. As the regional hegemon, Russia was responsible for creating a regional order that was nested within the global order. However, since the Soviet Union had collapsed, it could not be assumed that Russia would create a regional order that was compatible with the global order. Would Russia create a regional order that was incompatible with the global order, and further, would Russia be a dissatisfied state that would challenge US hegemony? Using network analysis, I discover that Russia created a regional order that was compatible with the global order. In other words, Russia did not directly challenge the global order. More specifically, Russia accepted the global order that existed at the end of the Cold War. Providing that the global order remained static, Russia would not challenge that order. However, US actions following the collapse of the Soviet Union such as the expansion ofnatoand the withdrawal from the Anti-Ballistic Missile Treaty are interpreted by Russia as a dynamic change in the global order. The Ukrainian crisis further exacerbated the wedge that had developed between the United States and Russia. It has further isolated Russia, destroyed the regional order nested within the global order, and ensured that Russia fully became a dissatisfied state looking to challenge US hegemony. Russia will now turn to China to try to challenge US hegemony.

The Sputnik Challenge

Willy Ley ◽  
2017 ◽  
Author(s):  
Jared S. Buss
Keyword(s):  
United States ◽  
Cold War ◽  
Soviet Union ◽  
The United States ◽  
Cultural Lag ◽  
The Soviet Union ◽  
The Cold War

This chapter discusses the myriad of Ley’s activities during the late 1950s, when his status as a scientific celebrity and rocket expert peaked. It follows his pre-Sputnik and post-Sputnik tactics. Not only did Ley encourage millions of Americans to believe in American “firsts” in 1955 and 1956, but also he encouraged Americans to express resentment, anger, and shock following the launch of Sputnik I in 1957. In newspaper columns that circulated across the United States, Ley expressed fears of missile gaps and cultural lag with the Soviet Union. While historians have analyzed the role of politicians during the Cold War, they have not recognized the role of Ley as America’s rocket expert, who now shared the stage with Wernher von Braun.

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 Idea of Just War

2021 ◽  
pp. 141-142
Author(s):  
Martin Wight
Keyword(s):  
World War Ii ◽  
Soviet Union ◽  
International Law ◽  
Middle Ages ◽  
National Policy ◽  
League Of Nations ◽  
Holy War ◽  
The Soviet Union ◽  
The Right ◽  
The Cold War

In this note Wight describes pendulum swings in opinion about the requirements of justice in war in Western civilization since the Middle Ages. Medieval Catholicism emphasized the righteousness of the ruler’s cause and asserted orthodoxy against infidels or heretics. Prominent writers on international law in the seventeenth and eighteenth centuries (Gentili, Grotius, and Vattel) marked a shift toward secularization and rationalism (with both sides usually able to claim justice) and restraint in the laws of war governing the methods of combat. Moser’s study of international law, published in 1777–1780, was representative of an ‘age of positivism’ (1763–1918) in which all sovereign states had a right to resort to war or to remain neutral, while codifying obligations concerning the conduct of war. The Covenant of the League of Nations, signed in 1919, initiated a return to restrictions on the right to resort to war, reinforced by the 1928 Kellogg–Briand Pact, also known as the General Treaty for the Renunciation of War as an Instrument of National Policy, which was upheld by the Nuremberg Tribunals. The Covenant ruled out aggression as unjust, while action in defence of the Covenant would be just by enforcing collective security. The Soviet Union reintroduced Holy War with its view of the Great Patriotic War (World War II) and the Cold War as just causes that advanced Communist revolutionary objectives. Counter-force strategies of nuclear deterrence may be regarded as strengthening restraint in the methods of war, compared to counter-value or ‘anti-city’ approaches.

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