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
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.”
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
1900 – Permanent Court of arbitration. Not a court – mechanism for creation of ad hoc arbitral tribunals.
1921 – Permanent Court of International Justice (under League of Nations) – permanent court to sit at Hague
International Court of Justice – also permanent court to sit at Hague
Hears two kinds of cases:
Advisory proceedings to UN organ/agency
Cases between states that are party to STATUTE
Treaties where both stares are parties that provide for settlement of disputes in ICJ
Special agreement of parties to send dispute to ICJ – a compromis
Declaration given by both parties where accept compulsory jurisdiction
2006 – 68 states have consented. US has NOT.
Court often finds way to avoid ruling on the merits
Most common cases – land and maritime boundary disputes (Libya/Chad, Burkina Faso/Mali)
SC has power to enforce ICJ decisions (though rarely does)
Session 27 – Legitimacy of International System (Conceptual Challenges, Part One) UN over the past 60 years
UN Charter framework has changed
Adopted/reflected new demands, approaches, values that have emerged in 60+ years
Emphasis on human rights
Broader participation – more states, acknowledgement of individuals
UN agencies/branches have exponentially increased