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International Court of Justice

Published online by Cambridge University Press:  22 May 2009

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Extract

Advisory Opinion on Conditions of Admission of a State to Membership in the United Nations: A General Assembly resolution of November 17,1947, requested the International Court of Justice to give an advisory opinion on the following question: “Is a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, juridically entitled to make its consent to theadmission dependent on conditions not expressly provided by paragraph 1 of the said Article? In particular, can such a Member, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State?”

Type
International Organizations: Summary of Activities I. United Nations
Information
International Organization , Volume 2 , Issue 3 , September 1948 , pp. 519 - 522
Copyright
Copyright © The IO Foundation 1948

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References

1 Admission of a State to the United Nations (Charter, Art 4), Advisory Opinion: I.C.J. Reporfs 1948, p. 58.

2 United Nations Bulletin, IV, p. 427Google Scholar.

3 Ibid.

4 United Nations Department of Public Information, London Information Center, Press Release 10.

5 Ibid., Press Release 9.

6 Ibid.

7 Editor's note: While the judges are chosen in an individual capacity and not as representatives of their countries, the positions on the advisory opinion are interesting. Majority — Guerrero (Salvador), Alvarez (Chile), Fabela Alfaro (Mexico), Hackworth (United States), de Visscher (Belgium), Klaestad (Norway), Badawi Pasha (Egypt), Hsu Mo (China), and Azevedo (Brazil). Minority — Krylov (USSR), Winiarski (Poland), Zoricic (Yugoslavia), McNair (United Kingdom), Read (Canada), and Basdevant (France).

8 For text of the advisory opinion, see this issue, p. 568.

9 I.C. J. Report, p. 58.

10 United Nations Bulletin, IV, p. 492Google Scholar.

11 Ibid., p. 493.

12 I. C. J. Report, p. 32.

13 United Nations Bulletin, IV, p. 493–494Google Scholar.

14 Ibid., p. 494.

15 Ibid.

16 For a list of adhering states, see Department of State Documents and State Papers, 06 1948Google Scholar.

17 Document S/947.