(b) by virtue of the provisions of the Charter, this information would be
should be embodied in this Covenant". contains different provisions for territories mentioned under (a) and (b) of
Commission. way diminishing its obligations under the Mandate, which it will continue to
[p185]
11° The mandatory State, in this case the Union of South Africa, cannot
Sub-Committee 2 of the Fourth
Session of the General Assembly. Palestine Mandate still continued, as is evident from Articles I and 2 of
while invoking on the one hand the disappearance of the League of Nations,
view to concluding an agreement. possible results for the benefit of the general community. The doctrine of
necessary to examine what may at first sight appear to be relevant analogies
them have become obsolete and may be replaced by others which will provide
In this connexion one must bear in
(Initialled) E. H. [p146]
When the authors of the Covenant created this system, they
which formerly governed them, and were not capable of standing by themselves
Mandated Territory of New Guinea [also a C Mandate] is a place out of His
the Territory as is required for Non-Self-Governing Territories under
Judges Alvarez, De Visscher and Krylov, availing themselves of the right
This transformation is a fact
What matters in considering this new institution is
consideration of the question, should obtain an advisory opinion on its
agreement for South-West Africa.
Covenant of the League;
population is capable of governing itself, and it may do so in spite of the
27th plenary meeting -
My reply to Question (c) is that the effect of this Resolution is that the
Charter. answer to that question depends on the international agreements creating the
Committees - Report of the General Committee to the General Assembly
1914 ; in the Covenant of the League of Nations and in particular in the
South-West Africa is transferred to the people of the Union not by way of
N'ations Unies établira, sous son autorité, un régime de tutelle...." ;
[p174]
the other hand, I differ from the majority on two points: (1) I regard as
organize the Conference. [p191]
In that case there is no doubt that all
It is certain that the General Assembly was
The request for an opinion begins with a general question as follows :
matter must therefore be regulated by principles of international law. The Treaty of Peace, read as a whole, avoids
As to Question (a), I regret that 1
international waterway intended to provide under treaty guarantee easier
notes that Chapters XI, XII and XIII of the Charter of the United Nations
On the other hand, the Mandatory was to observe a number of
Annex 3 l, Poland: amendment to revised resolution
It seems to me impossible that this provision, which is so
Nations. solution, or to submit the case to the International Court of Justice. On December 3oth, 1949, in accordance with Article 66, paragraph 1, of the
To this end a whole juridical technique is
Question (c) :
Union". parties to the present Statute, be referred to the International Court of
Consideration of proposed new
proclaimed by Article 22 of the Covenant is that to certain territories
General Treaty of Peace of the same date, made between seven States, which
Nations has taken the place of the League of Nations and consequently the
II/4/36], Proposed text for chapter on dependent
Memorandum prepared by the Secretariat. law...." (P. particular questions. permanent representative of the Union of South Africa to the United
to that Organization. principles were considered to be of paramount importance : the principle of
----------------------------------------------------------------------------------------------------------------------------
By
Convention dated March 30, 1856, between France and Great Britain on the one
confirmed, explained and clarified by different representatives of the
meeting, paragraph 2. the particular terms of a proposed agreement, has the legal obligation to be
This system should, according to Articles 75 and 77, apply to territories
"The position of a mandatory in relation to a mandated territory must be
1926.
other instruments having a political character." [871, II/4/34], Working paper for chapter on dependent
and that the measure of its powers is what is necessary for the purpose of
applicable to annual reports and petitions. In this matter, I concur [p166] in the view of
interpretation or the application of the provisions of the Mandate, such
Powers, the Assembly manifested its understanding that the Mandates were to
The
of mandated territories until Trusteeship Agreements are concluded. Africa: report of the Trusteeship Council - Report of the Fourth
international organization.
(A/C.4/100) - Annex 3 p, Netherlands: amendment to revised
international law, and these consequences will help us permit to find the
Journal - Minutes of the sixteenth session of the Council - Second
is subject to the compulsory jurisdiction of this Courtunder the provisions
Government of the Union of South Africa on the administration of
only in the light of principles laid down in the Covenant or the Charter,
of the Territory continue to exist.
distorting the natural meaning of the word "voluntarily" and depriving it of
vesting of property in trustees, and its management by them in order that
United Nations Charter, above all when, as in this case, its provisions
supervisory functions previously exercised by the League of Nations with
[WD. should be embodied in the Covenant". paragraph 1, of the Charter, as this clause has been interpreted above. I share the Court's Opinion on the General Question and on Questions (a)
Records, 1st session, 2nd Part, Fourth Committee, Part 1, p. 201).
It defines
League of Nations on the question of Mandates on 18 April 1946; the text of
Requests the Secretary-General to transmit the present resolution to the
Article 6 provides that :
functions with respect to the Mandated Territories will come to an end".
banished. the Charter had come into force and the organization of the United Nations
bearing in this connexion is clearly defined.
definite purpose and should not correspond in the general framework of the
and the petitions are to be submitted, and the reference to the Permanent
includes new questions in addition to traditional questions in a new form ;
and establishments, as well as obligations relating to freedom of conscience
of the Court statements of their dissenting Opinions
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