UN Security Council Resolution 58 | ||
---|---|---|
Date | September 28 1948 | |
Meeting no. | 360 | |
Subject | International Court of Justice | |
Result | Adopted | |
Security Council composition | ||
Permanent members | ||
Non-permanent members | ||
|
United Nations Security Council Resolution 58 was adopted on September 28, 1948. The Swiss Confederation had just joined the International Court of Justice (ICJ) but was not yet a member of the United Nations and the council was asked to make recommendations. The Council recommended that Switzerland and any other state that should find itself in this position be allowed to participate in all the elements of the General Assembly pertaining to the ICJ including the nomination of new members, elections, etc.
The council also recommended that those nations would be required to pay dues contributing to the expenses of the Court and that should it fail to do so (unless that nation possessed an excuse deemed worthy by the General Assembly) it should not be allowed to participate in the Assembly in any way until the balance was paid.
The President of the Council stated that the resolution was adopted unanimously in the absence of any objection by any of its members.
The International Court of Justice, or colloquially the World Court, is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues. It is one of the six organs of the United Nations (UN), and is located in The Hague, Netherlands.
The United Nations General Assembly, UNGA; French: Assemblée générale des Nations unies, AGDNU is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its 79th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter.
The member states of the United Nations comprise 193 sovereign states. The United Nations (UN) is the world's largest intergovernmental organization. All members have equal representation in the UN General Assembly.
A United Nations Security Council resolution (UNSCR) is a United Nations resolution adopted by the Security Council (UNSC), the United Nations (UN) 15-member body charged with "primary responsibility for the maintenance of international peace and security".
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.
The international law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
A United Nations resolution is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly, in the form of United Nations Security Council resolutions and United Nations General Assembly resolutions, respectively.
United Nations General Assembly (UNGA) resolution 377 A, the "Uniting for Peace" resolution, states that in any cases where the Security Council, because of a lack of unanimity among its five permanent members (P5), fails to act as required to maintain international security and peace, the General Assembly shall consider the matter immediately and may issue appropriate recommendations to UN members for collective measures, including the use of armed force when necessary, in order to maintain or restore international security and peace. It was adopted 3 November 1950, after fourteen days of Assembly discussions, by a vote of 52 to 5, with 2 abstentions. The resolution was designed to provide the UN with an alternative avenue for action when at least one P5 member uses its veto to obstruct the Security Council from carrying out its functions mandated by the UN Charter.
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo.
United Nations Security Council Resolution 102 was adopted on 3 December 1953. In it, the Security Council recommended to the General Assembly that Japan be allowed to become a party to the Statute of the International Court of Justice if the following conditions were met:
United Nations Security Council Resolution 103 was adopted on 3 December 1953. In it, the Security Council recommended to the General Assembly that San Marino be allowed to become a party to the Statute of the International Court of Justice if the following conditions were met:
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. This chapter authorizes the Security Council to issue recommendations but does not give it power to make binding resolutions; those provisions are contained in Chapter VII. Chapter VI is analogous to Articles 13-15 of the Covenant of the League of Nations which provide for arbitration and for submission of matters to the Council that are not submitted to arbitration. United Nations Security Council Resolution 47 and United Nations Security Council Resolution 242 are two examples of Chapter VI resolutions which remain unimplemented.
United Nations Security Council resolution 600, adopted unanimously on 19 October 1987, recommended to the General Assembly that Nauru be allowed to become a party to the Stature of the International Court of Justice if they met the following conditions;
United Nations Security Council resolution 805, adopted unanimously on 4 February 1993, after noting the death of International Court of Justice (ICJ) judge Manfred Lachs on 14 January 1993, the Council decided that elections to the vacancy on the ICJ would take place on 10 May 1993 at the Security Council and at a meeting of the General Assembly during its 47th session.
United Nations Security Council resolution 951, adopted without a vote on 21 October 1994, after noting the death of International Court of Justice (ICJ) judge Nikolai Konstantinovitch Tarassov on 28 September 1994, the Council decided that elections to the vacancy on the ICJ would take place on 26 January 1995 at the Security Council and at a meeting of the General Assembly during its 49th session.
United Nations Security Council resolution 979, adopted without a vote on 9 March 1995, after noting the death of International Court of Justice (ICJ) judge Roberto Ago on 24 February 1995, the Council decided that elections to the vacancy on the ICJ would take place on 21 June 1995 at the Security Council and at a meeting of the General Assembly during its 49th session.
United Nations Security Council resolution 1278, adopted without a vote on 30 November 1999, after noting the resignation of International Court of Justice (ICJ) judge Stephen M. Schwebel taking effect on 29 February 2000, the council decided that elections to the vacancy on the ICJ would take place on 2 March 2000 at the security council and at a meeting of the General Assembly during its 54th session.
The 2014 International Court of Justice election began on 6 November 2014 at United Nations Headquarters in New York City. In the set of triennial elections, the General Assembly and the Security Council concurrently elect five judges to the Court for nine-year terms, in this case beginning on 6 February 2015.
The Namibia exception identifies the advisory opinion issued on 21 June 1971 by the International Court of Justice (I.C.J), the principal judicial organ of the United Nations (UN). The opinion refers to the "Legal Consequences for States of the Continued Presence of South Africa in Namibia notwithstanding Security Council Resolution 276 (1970)".
The 2022 International Court of Justice election was held on 4 November 2022 at the United Nations Headquarters in New York City. The General Assembly and the Security Council concurrently elected Leonardo Nemer Caldeira Brant for remainder of the nine-year term of office that had been held by Judge Antônio Cançado Trindade, who died in May, 2022.