International Law Outline


Credentials Committee Report – 1974 (189-90)



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Credentials Committee Report – 1974 (189-90)

  1. Decides 5-3-1 to accept credentials of all states except SA

  • GA Res. 3207 – 1974 – approved Report, asked SC to review relationship between UN and SA in light of SA violations of Charter and UDHR

  • SC Res to expel SA – vetoed by France, UK, and US

  • GA debates significance of rejection of credentials.

  • SC Res 418 – 1977 (192-93) – unanimously tightens arms embargo – UNDER CHAPTER VII

  • Notes about development

    1. Arms embargo starts in GA, then moves to SC, then is strengthened by SC.

  • Conor Cruise O’Brien – UN’s real power is to move people, emotionally and morally, not to “act.”

    1. PA’s response – UN early on began questioning legitimacy of SA gov’t. Set up various committees which publicized their laws, produced annual reports, forces debate at national and international level

  • Judicial/quasi-judicial settlement of disputes

    1. 1900 – Permanent Court of arbitration. Not a court – mechanism for creation of ad hoc arbitral tribunals.

    2. 1921 – Permanent Court of International Justice (under League of Nations) – permanent court to sit at Hague

    3. International Court of Justice – also permanent court to sit at Hague

      1. Hears two kinds of cases:

        1. Advisory proceedings to UN organ/agency

        2. Cases between states that are party to STATUTE

          1. Treaties where both stares are parties that provide for settlement of disputes in ICJ

          2. Special agreement of parties to send dispute to ICJ – a compromis

          3. Declaration given by both parties where accept compulsory jurisdiction

            1. 2006 – 68 states have consented. US has NOT.

        3. Court often finds way to avoid ruling on the merits

        4. Most common cases – land and maritime boundary disputes (Libya/Chad, Burkina Faso/Mali)

      2. SC has power to enforce ICJ decisions (though rarely does)

    1. Session 27 – Legitimacy of International System (Conceptual Challenges, Part One)

      1. UN over the past 60 years

        1. UN Charter framework has changed

          1. Adopted/reflected new demands, approaches, values that have emerged in 60+ years

            1. Emphasis on human rights

            2. Broader participation – more states, acknowledgement of individuals

          2. Actors

            1. UN agencies/branches have exponentially increased

            2. Courts emerging – impugning governments, though supposed to be about individuals

            3. Bodies created by Treaties

            4. Economic actors – WTO, IMF, World Bank

              1. Setting up new standards, setting up their own norms of participation, transparency and accountability

            5. Everyone in dialogue (or should be)

      2. Security Council

        1. Context greatly affects it. Cold War – useless.

          1. International focus on cooperation, consulation

        2. Secrecy – critical issues decided by P5 before the public meetings.

        3. Reform Security Council

          1. Unlikely

            1. Open-Ended Working Group – met since 1992, nothing concrete

          2. Better – delegitimize/constrain SC

            1. Canadian suggestions

              1. Restrict veto to chapter VII decisions

              2. No veto in discussions re: genocide, CAH, war crimes

              3. Force explanation/justification for veto

      3. Pursuit of Libyan Terrorists

        1. 1988 – Pan Am 103 explodes over Locherbie, Scotland.

        2. 1991 – US jury indicted Libyan nationals, and Scotland also presses charges.

          1. Neither US nor UK has extradition treaty. Demand Libya turn them over

          2. Libya responds it doesn’t have to under Montreal Convention (965-66) – extradite or prosecute

            1. Classic IL treaty – emphasizes territorial rights

        3. Security Council

          1. SC Res 731 (1992) – urges Libya to provide full/effective response.

          2. SC Res 748 (1992) – CHAPTER VII - SANCTIONS – relatively targeted.

            1. Affect Libyan economy, but well constructed to be easily enforceable

        4. Libya brings suit


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