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.

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.

A Note on the ICJ Advisory Opinion on Kosovo

2010 ◽  
Vol 11 (7-8) ◽  
pp. 867-880 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

On 22 July 2010, the International Court of Justice (hereinafter the “ICJ”) delivered its advisory opinion on the accordance with international law of the unilateral declaration of independence in respect of Kosovo. The ICJ concluded that the declaration of independence dated 17 February 2008 did not violate any applicable rule of international law consisting of general international law, UNSC resolution 1244 (1999) (hereinafter the “Resolution 1244”) and the Constitutional Framework for Provisional Self-Government in Kosovo (hereinafter the “Constitutional Framework”). The ICJ delivered the advisory opinion in response to a question set out in resolution 63/3 dated 8 October 2008 of the General Assembly of the United Nations Organization (hereinafter the “General Assembly”), which asked if “the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo is in accordance with international law.”

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.

I. INTERNATIONAL COURT OF JUSTICE, ACCORDANCE WITH INTERNATIONAL LAW OF THE UNILATERAL DECLARATION OF INDEPENDENCE IN RESPECT OF KOSOVO, ADVISORY OPINION OF 22 JULY 2010

2011 ◽  
Vol 60 (3) ◽  
pp. 799-810 ◽  
Author(s):  
Dov Jacobs
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

‘Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?’ It is to answer this question that the General Assembly of the United Nations (‘UNGA’) requested an advisory opinion of the International Court of Justice (‘ICJ’). The request, adopted in October 20081 and initially sponsored by Serbia, was triggered by the declaration of independence of Kosovo issued on the 17 February 2008.2 Some two years later, on the 22 July 2010, the ICJ delivered its Advisory Opinion.3 By a 10–4 vote, the ICJ found that the declaration of independence of Kosovo did not violate international law.

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.

The Charter Travaux Préparatoires and United Nations Powers to Use Armed Force

1966 ◽  
Vol 4 ◽  
pp. 81-101
Author(s):  
C. F. Amerasinghe
Keyword(s):  
United Nations ◽  
Security Council ◽  
Armed Forces ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Peace ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Peace And Security

The powers of the General Assembly and Security Council of the United Nations to take collective measures for the maintenance of international peace and security, particularly to maintain armed forces for that purpose, and the power of the General Assembly to finance these activities were much discussed during the recent crisis in the Organization when certain members refused to contribute to the support of the UNEF and Congo Operation. Various aspects of the matter have been discussed by writers; they have also been dealt with by the International Court of Justice in its Advisory Opinion of June 1962 where it held that the UNEF and Congo Operation undertaken by the General Assembly and Security Council were intra vires the powers of these organs and that the expenses incurred by the Organization in the execution of those ventures were “expenses of the Organization” for the purposes of Article 17 (2) of the Charter. The Court and some of the judges who gave separate opinions further made a definite contribution to the interpretation of certain aspects of the Charter in the course of arriving at these conclusions.

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