Treaty Stipulations in Favor of Third States

1956 ◽  
Vol 50 (2) ◽  
pp. 338-357 ◽  
Author(s):  
Eduardo Jiménez de Aréchaga
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
Member States ◽  
Economic Problems ◽  
The United Nations ◽  
Article 50 ◽  
The Right ◽  
United Nations Charter

Many recent and important treaties contain provisions in favor of third states. The United Nations Charter, for instance, confers upon non-member states the right to participate in the discussion of disputes in which they are involved (Article 32); the right to bring such disputes to the attention of the Security Council or the General Assembly (Article 35); and the right to consult the Security Council with regard to the solution of special economic problems arising from the application of preventive or enforcement measures (Article 50). Also Articles 2 (7) and 81 have been interpreted and applied as conferring rights upon states not Members of the Organization.

Anticipatory Self-Defence in the Legislative History of the United Nations Charter

1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack
Keyword(s):  
United Nations ◽  
Security Council ◽  
Security Measures ◽  
International Peace ◽  
Armed Attack ◽  
Peace And Security ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter ◽  
Self Defence

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.

1. Report of the Interim Committee of the General Assembly on the Problem of Voting in the Security Council, July 15, 1948.

1949 ◽  
Vol 3 (1) ◽  
pp. 190-202
Keyword(s):  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Member States ◽  
The Third ◽  
The United Nations

1. On 21 November 1947, by its resolution 117 (II), the General Assembly requested the Interim Committee to:“1. Consider the problem of voting in the Security Council, taking into account all proposals which have been or may be submitted by Members of the United Nations to the second session of die General Assembly or to the Interim Committee;“2. Consult with any committee which the Security Council may designate to co-operate with the Interim Committee in the study of the problem;“3. Report, with its conclusions, to the third session of the General Assembly, the report to be transmitted to the Secretary-General not later than 15 July 1948, and by the Secretary-General to the Member States and to the General Assembly.”

Voting in the Security Council and the PLO

1976 ◽  
Vol 70 (3) ◽  
pp. 470-491 ◽  
Author(s):  
Leo Gross
Keyword(s):  
United States ◽  
South Africa ◽  
United Nations ◽  
Member State ◽  
Security Council ◽  
The United States ◽  
General Assembly ◽  
Palestine Liberation Organization ◽  
The United Nations ◽  
The Right

The United States and some other members of the United Nations have been concerned in recent years about the substance of some resolutions of the General Assembly and the procedures by which they were adopted. Their concern was intensified by certain actions at the twenty-ninth session, when the Assembly sustained a ruling of its President with respect to the representation and participation of South Africa in that and future sessions, when it curbed the right of Israel to participate in the debate on the question of Palestine, when it accorded to the representative of the PLO (Palestine Liberation Organization) a treatment usually reserved to the head of a member state, and when it declared by Resolution 3210 (XXIX) of October 14, 1974, “that the Palestinian people is the principal party to the question of Palestine” and invited the PLO “to participate in the deliberations of the General Assembly on the question of Palestine in plenary meetings.”

General Assembly

1948 ◽  
Vol 2 (2) ◽  
pp. 283-296
Keyword(s):  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Special Session ◽  
The Future ◽  
General Assembly Resolution ◽  
The United Nations ◽  
United Nations Charter ◽  
Lengthy Discussion

On April 1, 1948, following lengthy discussion of methods of implementing the General Assembly resolution of November 29, 1947, concerning the partition of Palestine, the Security Council approved a resolution calling for the convening of a special session of the Assembly. The resolution requested the Secretary General “in accordance with Article 20 of the United Nations Charter, to convoke a special session of the General Assembly to consider further the question of the future government of Palestine.”

Part 2 The United Nations: What it is, 2 The General Assembly

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
Security Council ◽  
Working Group ◽  
Ad Hoc ◽  
General Assembly ◽  
Political Discussion ◽  
Member States ◽  
Un General Assembly ◽  
The United Nations

The UN General Assembly may be described as the world’s leading forum for political discussion. It currently has 193 member states—nearly four times its original membership of 51. In 2005, the General Assembly established an Ad Hoc Working Group on the Revitalization of the General Assembly and has re-established the group annually. A major preoccupation of the Working Group appears to be relations between the General Assembly and the Security Council, including a concern that the latter organ has encroached on the work of the former. This chapter discusses the General Assembly’s membership, voting, and procedure; meetings, regular, and special sessions; subordinate organs; voting; the role of the President; functions; limitations; and Article 11(2) of the UN Charter.

Reflections on the Indonesian Case

1948 ◽  
Vol 1 (1) ◽  
pp. 59-81 ◽  
Author(s):  
Rupert Emerson
Keyword(s):  
United Nations ◽  
Security Council ◽  
Self Determination ◽  
Equal Rights ◽  
General Assertion ◽  
Form Of Government ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter

The tangled affairs of Indonesia, twice thrust upon the Security Council, have served as an admirable touchstone of the principles, purposes, and effectiveness of the United Nations as well as of the policies of some of its leading members. Fundamental principles of the new postwar order were at stake. The Atlantic Charter had affirmed the right of all peoples to choose the form of government under which they would live, and the collapse of empires before the Japanese onslaught led to the widespread conclusion that the old colonial system was dead. These doctrines found sober and modified expression not only in Chapter XI of the United Nations Charter, but also in the more general assertion of the principle of equal rights and self-determination of peoples and of the universal application of human rights and fundamental freedoms. The rights of dependent peoples, the validity of the doctrine of self-determination, and the possibilities for peaceful change all hovered about the Security Council chamber in the course of the debates on the two Indonesian cases.

The Rhodesian Question at the United Nations

1968 ◽  
Vol 22 (3) ◽  
pp. 649-669 ◽  
Author(s):  
J. Leo Cefkin
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Security Council ◽  
International Peace ◽  
Member States ◽  
The United Kingdom ◽  
Peace And Security ◽  
The United Nations ◽  
United Nations Charter ◽  
First Time

On December 16, 1966, the Security Council held its 1340th meeting and adopted its 232nd resolution. It was a historic resolution. For the first time the Security Council voted to impose sanctions under Chapter VII of the United Nations Charter aimed at ending the rebellion against the United Kingdom by the Ian Smith regime in Rhodesia. Acting in accordance with Article 39, the Council determined that the situation in Rhodesia constituted “a threat to international peace and security,” and, under Article 41, it decided that all Member States of the United Nations must apply sanctions to bar the importation of a number of basic Rhodesian exports.

scholarly journals Reform of the Backbone of the United Nations

2019 ◽  
Vol 3 (4) ◽  
pp. p279
Author(s):  
Hanne Christensen
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
International Peace ◽  
Social Strategies ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
Social Causes

This paper outlines what can be done to reform the backbone of the United Nations to further the work of the organization. That is the General Assembly, the Security Council and ECOSOC. It shows that the General Assembly can play a stronger role in international peace and security matters by suggesting peace proposals for potential conflicts, and inform the Security Council if, and when, it is not in agreement with measures taken by the Council. The paper comments on ongoing negotiations on Security Council reform and shows the difficulty of reforming the veto clause. It suggests that ECOSOC deals with both economic and social causes of conflicts and develops macro-economic and macro-social strategies to prevent conflict for the General Assembly to recommend to member states and onwards to the Security Council to act on. Some concrete examples are indicated to that effect.

The Security Council’s First Fifty Years

1995 ◽  
Vol 89 (3) ◽  
pp. 506-539 ◽  
Author(s):  
Frederic L. Kirgis
Keyword(s):  
United Nations ◽  
Security Council ◽  
Veto Power ◽  
General Assembly ◽  
The United Nations ◽  
United Nations Charter ◽  
Made In

The provisions relating to the Security Council in the United Nations Charter of 1995 do not look much different from those in the Charter of 1945. Articles 23 and 27 were amended in 1965 to increase the membership of the Security Council from its original eleven to its present fifteen, with a corresponding change from seven to nine votes for the adoption of resolutions. No change was made in the five permanent members’ veto power over substantive matters. Article 109 was amended in 1968 to increase from seven to nine the number of votes in the Security Council needed to complement a two-thirds vote in the General Assembly for the convening of a Charter review conference. Otherwise, c’est la même chose.

2. Memorandum on the Legal Aspects of the Problem of Representation in the United Nations, Transmitted to the President of the Security Council by the Secretary-General (Lie), March 8, 1950.

1950 ◽  
Vol 4 (2) ◽  
pp. 356-360
Keyword(s):  
United Nations ◽  
Security Council ◽  
Legal Theory ◽  
Legal Aspects ◽  
Secretary General ◽  
Member States ◽  
Practical Standpoint ◽  
The United Nations

The primary difficulty in the current question of the representation of Member States in die United Nations is that this question of representation has been linked up with the question of recognition by Member Governments.It will be shown here that this linkage is unfortunate from the practical standpoint, and wrong from the standpoint of legal theory.

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