scholarly journals La politique économique du Japon à l’égard du Canada

2005 ◽  
Vol 16 (3) ◽  
pp. 525-545
Author(s):  
Frank Langdon
Keyword(s):  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Main Function ◽  
International Court Of Justice ◽  
Normative Function ◽  
Court Of Justice ◽  
International Court ◽  
Politique Économique ◽  
Peace And Security

The article attempts to evaluate the balance of United Nations accomplishments in the field of peace and security since 1945. The first part deals with the elements one has to take into consideration to properly evaluate such performance. These are what the Organization ought to do (its objectives), what it could do (its means) and what it has done (the kinds of activities). In the second part, each one of these elements is examined. About the objectives, the article distinguishes between manifest and latent objectives and it argues that the first ones have not changed when the second ones have much changed. About the means, the article analyzes the powers given the UN and the way its principal organs exercise them. It traces the evolution of the roles of the Security Council, the General Assembly, the Secretary general and the International Court of Justice. Concerning the kinds of activities, the article uses a typology developed by H.K. Jacobson to argue that the main function of the UN is a "verbal" or informational one, that the normative function especially in its collective legitimization aspect is the second most important, that the rule supervisory function accounts or few activities, and, that the operational function is more developed than it may appear. The article concludes that the balance is a positive one pointing to the flexibility, the adaptability and the continued usefulness of the UN.

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.

4. Resolution of the General Assembly Concerning Conditions on which Switzerland may become a Party to the Statute of the International Court of Justice, December 10, 1946.

1947 ◽  
Vol 1 (2) ◽  
pp. 410-410
Keyword(s):  
United Nations ◽  
Security Council ◽  
Constitutional Law ◽  
Secretary General ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government

THE GENERAL ASSEMBLY THEREFORE DETERMINES, in pursuance of Article 93 paragraph 2 of the Charter, and upon the recommendation of the Security Council, the conditions on which Switzerland may become a party to the Statute of the International Court of Justice, as follows:Switzerland will become a party to the Statute of the Court on the date of the deposit with the Secretary-General of the United Nations of an instrument, signed on behalf of the Government of Switzerland and ratified as may be required by Swiss constitutional law, containing:(a) Acceptance of the provisions of the Statute of the Court;(b) Acceptance of all the obligations of a Member of the United Nations under Article 94 of the Charter;

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.

2. Advisory Opinion of the International Court of Justice Concerning Conditions of Admission of a State to Membership in the United Nations, May 28, 1948

1948 ◽  
Vol 2 (3) ◽  
pp. 568-573
Keyword(s):  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
In Virtue Of

On November 17, 1947, the General Assembly of the United Nations adopted the following Resolution:“The General Assembly,Considering Article 4 of the Charter of the United Nations,Considering the exchange of views which has taken place in the Security Council at its Two hundred and fourth, Two hundred and fifth and Two hundred and sixth Meetings, relating to the admission of certain States to membership in the United Nations,Considering Article 96 of the Charter,Requests the International Court of Justice to give an advisory opinion on the following question:Is a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, juridically entitled to make its consent to the admission dependent on conditions not expressly provided by paragraph 1 of the said Article? In particular, can such a Member, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State?Instructs the Secretary-General to place at the disposal of the Court the records of the above-mentioned meetings of the Security Council.”

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).

Final Clauses

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
United Nations ◽  
Secretary General ◽  
The Other ◽  
General Assembly ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Article 50

This chapter looks into Articles 48 to 53 of the Vienna Convention on Diplomatic Relations. Article 48 states that the Convention shall be open for signature by all States Members of the UN or any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. Article 49 on the other hand states that the present Convention is subject to ratification, while Article 50 expresses that the Convention shall remain open for accession by any State. Article 51 enumerates the date of the enforcement of the ratifications submitted to the UN, and Article 52 states that the Secretary-General shall inform all States the deposit of instruments of ratification and the date of enforcement. Lastly, Article 53 states that the original texts of the Convention shall be deposited with the Secretary-General, who shall send certified copies thereof to all States.

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.

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.

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