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The Action Does Not Violate International Law
Published online by Cambridge University Press: 27 February 2017
Extract
I am pleased to have been given an opportunity to respond to Professor Barrie’s arguments that the decision of the Executive Council of the Society to divest its portfolio of stocks in all corporations with investments in South Africa was both substantively misguided and legally improper.
- Type
- Agora: Is the Asil Policy on Divestment in Violation of International Law? Further Observations
- Information
- Copyright
- Copyright © American Society of International Law 1988
References
1 Richardson, , Divestment of the Stock Portfolio of the Society, 81 AJIL 744 (1987)Google Scholar.
2 Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty, para. 2, GA Res. 2131 (XX) (Dec. 21, 1965).
3 Permanent Sovereignty over Natural Resources, para. 6, GA Res. 3171 (XXVIII) (Dec. 17, 1973). See also, to the same effect, the Declaration on the Prohibition of Military, Political or Economic Coercion in the Conclusion of Treaties, para. 1, annexed to Final Act of the United Nations Conference on the Law of Treaties, UN Doc. A/CONF.39/26 (1969), reprinted in United Nations Conference on the Law of Treaties, Official Records, Documents of the Conference 285, UN Doc. A/CONF.39/11/Add.2 (1971).
4 Domestic law may, of course, prohibit or penalize participation by nationals in international boycotts. See, e.g., Foreign Boycotts, in the Export Administration Act, 50 U.S.C. App. §2407 (1982), and International Boycott Determinations, in the Internal Revenue Code, 26 U.S.C. §999(1982).
5 Chapter 60 (Anti-Apartheid Program) of the U.S. Code Title on Foreign Relations and Intercourse, 22 U.S.C.A. §5001 (West Supp. 1987). See, in particular, id. §§5051–5073.
6 See Szasz, , The International Legal Aspects of the Human Rights Program of the United States, 12 Cornell Int’l L.J. 161 (1979)Google Scholar (in particular, Part I: U.S. Human Rights Policy and International Economic Assistance).
7 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), 1962 ICJ Rep. 151, 162–65 (Advisory Opinion of July 20). See also Military and Paramilitary Activities in and against Nicaragua (Nicar. v. U.S.), Jurisdiction and Admissibility, 1984 ICJ Rep. 392, 434–35, para. 95 (Judgment of Nov. 26).
8 Also, while compliance by a state with a directive of the Security Council under Charter Article 41 would presumably relieve that state, by reason of Articles 25 and 103, of its obligation to comply with any contrary treaty provisions (e.g., under a treaty of friendship and commerce), compliance with a recommendation of the General Assembly may not have such an absolving effect.
9 See, e.g., para. 7, GA Res. 41/35B (Nov. 10, 1986).
10 See, e.g., para. 72, GA Res. 41/39A (Nov. 20, 1986).
11 See UN Charter art. 2(7).
12 See, in particular, id., arts. 1(3) and 55(c).
13 See, e.g., GA Res. 44 (I) (Dec. 8, 1946) (Treatment of Indians in the Union of South Africa); 141 (II) (Nov. 1, 1947) (Question of South West Africa); 616A and B (VII) (Dec. 5, 1952) (The question of race conflict in South Africa resulting from the policies of apartheid of the Government of the Union of South Africa).
14 See, e.g., GA Res. 41/95 (South Africa), 41/156 (Guatemala), 41/157 (El Salvador), 41/158 (Afghanistan), 41/159 (Iran), and 41/161 (Chile) (all adopted on Dec. 4, 1986 at the 41st session).
15 The term “soft law” apparently was originated by Judge Baxter, R. R. in International Law in “Her Infinite Variety,” 29 Int’l & Comp. L.Q. 549, 550 (1980)Google Scholar. See also the brief analysis and critique of the concept by Professor Prosper Weil in Towards Relative Normativity in International Law?, 77 AJIL 413, 414–15 n.7 (1983).