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The Election of March 1982 to Fill One Vacancy in the International Court of Justice

Published online by Cambridge University Press:  27 February 2017

Shabtai Rosenne
Shabtai Rosenne*
Affiliation:
Jewish Academy of Arts and Sciences (New York)
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Type
Current Developments
Information
American Journal of International Law , Volume 76 , Issue 4 , October 1982 , pp. 863 - 866
Copyright
Copyright © American Society of International Law 1982

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References

1 On that election, see my Note, , The Election of Five Members of the International Court of Justice in 1981 , 76 AJIL 364 (1982)Google Scholar. The present Note may be regarded as a continuation of that Note.

2 UN Docs. S/14799 (Dec. 17, 1981); S/PV.2321 (prov.) (Dec. 21, 1981). The suspension of the 36th session of the General Assembly was on the understanding that the occasional election would be one of the items to be taken up, as announced at the 105th meeting; UN Doc. A/36/PV.105, at 73 (prov.) (Dec. 18, 1981). The item of the elections was already on the agenda of the 36th session as agenda item 15(c).

3 That emergency special session had been convened to deal with the situation in the Arab occupied territories by Security Council Resolution 500 (1982), Jan. 28, 1982. By Article 17 of the Rules of Procedure of the General Assembly (UN Doc. A/520/Rev.l3 (1979)), the agenda of such a session shall consist “only” of those items proposed in the request for the holding of the session. The dealing by the emergency special session of any other matter on the agenda of the 36th session may not have been strictly in order.

4 UN Doc. A/36/861-S/14885 (1982).

5 UN Docs. A/36/862-S/14886 plus Corr.1 and Adds.1-4, replaced by A/36/862/Rev.1-S/ 14886/Rev.1 (1982).

6 See, e.g., para. 3 of the Note of the League Secretariat of 1930, quoted in Institut Für Ausländisches öffentliches Recht und Völkerrecht, Statut et Réglement de la Cour Permanente de Justice internationale: Eleménts D’interprétation 37 (ed. Schenk von Stauffenberg 1934); M. Hudson, The Permanent Court of International Justice, 1920-1942, at 245 (1943).

7 Doc. WD 438, CO/202, 17 UNCIO Docs. 327, 330 (1945). Earlier, the Advisory Committee of Jurists, at its sixth meeting on June 12, 1945, had deferred decision on this matter. Id. at 411, 412. The categorical application of this interpretation compels me to retract any element of doubt that may be found in my 1 The Law and Practice of the International Court 179 (1965). See further my Note, , The 1981 Occasional Elections to Fill Two Vacancies on the International Court of Justice , 75 AJIL 349, 359 n.33 (1981)Google Scholar.

8 UN Doc. A/36/PV.107, at 6-10 (prov.) (1982).

9 UN Doc. PC/EX/113/Rev.1, at 42, 43 (1945).

10 UN Doc. PC/20, at 26, 27 (1946). The matter was discussed at the third and tenth meetings of Committee 2 of the Preparatory Commission (Security Council), Nov. 30 and Dec. 14, 1945. For the current version of the Provisional Rules of Procedure of the Security Council, see UN Doc. S/96/Rev.6(1974).