Fundamental Principle of “Without Prejudice” in Submissions to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) in East, South, West and North Africa

Author(s):  
Barbara Kwiatkowska
1989 ◽  
Vol 2 (2) ◽  
pp. 194-208
Author(s):  
Karin Arts

In 1966 the General Assembly of the United Nations revoked the Mandate over South West Africa (Namibia) and thus terminated South Africa's right to administer the territory. It furthermore placed Namibia under the direct responsibility of the United Nations. Administration of the territory was delegated by the General Assembly to a subsidiary organ, the UnitedNations Council for Namibia (UNCN). The author briefly describes the establishment, the structure, the functions and the powers of the Council. Special attention will be paid to questions concerning the legal status of the UNCN. Finally the major activities of the Council will be reviewed and appraised


2001 ◽  
Vol 10 (1) ◽  
pp. 91-121 ◽  
Author(s):  
Martin Thomas

In the decade after 1952 France faced sustained United Nations criticism of its colonial policies in north Africa. As membership of the UN General Assembly expanded, support for the non-aligned states of the Afro-Asian bloc increased. North African nationalist parties established their permanent offices in New York to press their case for independence. Tracing UN consideration of French North Africa from the first major General Assembly discussion of Tunisia in 1952 to the end of the Algerian war in 1962, this article considers the tactics employed on both sides of the colonial/anti-colonial divide to manipulate the UN Charter's ambiguities over the rights of colonial powers and the jurisdiction of the General Assembly in colonial disputes.


2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.


1967 ◽  
Vol 8 (2) ◽  
pp. 226-239 ◽  
Author(s):  
W. J. Hudson

Relations between Australia and Indonesia became strained within months of Indonesia's attainment of independence, deteriorating as conflict developed first on the question of West Irian and then as a result of Indonesia's hostility towards Malaysia. For many years, it seemed ironical that Australia should have played a major part in the emergence of a neighbour whose external policies and internal trends endangered rather than safeguarded Australian interests. But there is more involved here than historical irony in the context of Australian-Indonesian relations. Sufficient time has now elapsed for Australian policy on the Indonesian independence question to be seen in the wider context of the whole postwar phenomenon of decolonisation. For it is not merely of interest that Australia should have assisted neighbouring Asian rebels against a European colonial Power (remembering that Australia herself was, and is, a European colonial Power) and should then have been embarrassed by the activities of the rebels coming to office. It is of greater interest that, of the immense number of colonial issues anxiously engaging the attention of international society in the 1940s and 1950s, the years which saw the virtual demise of western colonialism, this was the one issue on which Australia took up the rebel cause. Throughout this period and irrespective of the complexion of the parties in power in Canberra, Australia persistently jeopardised her regional objective of friendly relations with anti-colonial Asia by opposing strongly and, at times, bitterly the anti-colonial cause in the United Nations. If nothing else, the United Nations has provided a forum in which each year Australia and other members have been forced to declare themselves on colonial questions. And, until the 1960s when Australia switched policy, Australia fought against all the anti-colonial Powers' largely successful attempts to have developed a system of international control over colonies under the authority of Chapter XI (“Declaration Regarding Non-Self-Governing Territories”) of the United Nations charter, to tighten the trusteeship system of supervision erected under Chapters XII and XIII of the charter, and to involve the United Nations in particular disputes so as to meet alleged threats to peace — all of them being attempts, however indirectly, to hasten the attainment of independence by dependent territories. Thus, Australia supported South Africa on South-West Africa, the Netherlands on West New Guinea, the British on Southern Rhodesia and Oman, the Portuguese on their African territories, the French on Morocco, Tunisia and Algeria. But Australia opposed the Netherlands on the Indonesian question.


1970 ◽  
Vol 24 (3) ◽  
pp. 479-502 ◽  
Author(s):  
R. L. Friedheim ◽  
J. B. Kadane

International arrangements for the uses of the ocean have been the subject of long debate within the United Nations since a speech made by Ambassador Arvid Pardo of Malta before the General Assembly in 1967. Issues in question include the method of delimiting the outer edge of the legal continental shelf; the spectrum of ocean arms control possibilities; proposals to create a declaration of principles governing the exploration for, and the exploitation of, seabed mineral resources with the promise that exploitation take place only if it “benefits mankind as a whole,” especially the developing states; and consideration of schemes to create international machinery to regulate, license, or own the resources of the seabed and subsoil. The discussions and debates began in the First (Political and Security) Committee of the 22nd General Assembly and proceeded through an ad hoc committee to the 23rd and 24th assembly plenary sessions. The creation of a permanent committee on the seabed as a part of the General Assembly's machinery attests to the importance members of the United Nations attribute to ocean problems. Having established the committee, they will be faced soon with the necessity of reaching decisions. The 24th General Assembly, for example, passed a resolution requesting the Secretary-General to ascertain members' attitudes on the convening of a new international conference to deal with a wide range of law of the sea problems.


1953 ◽  
Vol 7 (2) ◽  
pp. 281-281

The Political Committee of the Arab League met in Cairo beginning December 20, 1952, under the chairmanship of Fathy Radwan (Egypt) to discuss questions relating to Palestine and north Africa. On December 25, the committee issued a statement approving the failure of passage in the United Nations General Assembly of the resolution adopted by the Ad Hoc Political Committee calling for direct negotiations between Israel and the Arab states. The committee condemned “the mere idea of an invitation to Arabs to negotiate with the Israelis” and expressed the hope “that there would be no repetition of these attempts”.


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