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AuthorKahng, Tae Jin. author
TitleLaw, Politics, and the Security Council [electronic resource] : An Inquiry into the Handling of Legal Questions Involved in International Disputes and Situations / by Tae Jin Kahng
ImprintDordrecht : Springer Netherlands, 1964
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Descript 252 p. online resource


One respect in which the United Nations has departed most widely from the League of Nations in its practice has been the method adopted by the Security Coundl for handling legal questions that arise in connection with its work. While the League Coundl followed the practice of reยญ ferring to the Permanent Court of International J ustice many questions of a legal nature arising in connection with its activities, including many that arose in connection with the handling of actual disputes, the Seยญ curity Council of the United Nations has on no occasion requested an advisory opinion from the Court. All questions that have been subยญ mitted to the Court by organs of the United Nations have been subยญ mitted by the General Assembly. Nor has the Security Council, in the course of its activities, seen fit to rely on any other external body or even on a sub-committee of legal experts for the clarification of the issues of a legal nature that have arisen in the course of its deliberations. This attitude on the part of the Security Council was no doubt to some extent antidpated in the discussions that took place in conยญ nection with the drafting of the Charter where great emphasis was placed upon the political nature of the responsibility of the Security Council and of its members for the maintenance of international peace and security


I. Introduction -- II. Nature of Legal Questions and Problems of handling them -- III. Questions relating to the Competence of the Security Council -- (A) Competence of the Council and Domestic Jurisdiction -- (B) Competence of the Council and Article 107 of the Charter -- (C) Competence of the Council and Article 52 of the Charter -- (D) Question of Functional Competence of the Council -- (E) Observations -- IV. Questions relating to Procedure of the Security Council: Voting -- (A) Scope of Double Veto -- (B) Double Veto and Presidential Ruling under Rule 30 -- (C) Effect of Abstention -- (D) Effect of Absence -- (E) Observations -- V. Questions relating to Substantive Rights and Duties of Parties -- (A) Corfu Channel Case -- (B) Egyptian Case -- (C) Trieste Case -- (D) Free Navigation through the Suez Canal Case -- (E) Suez Canal Company Case -- (F) Anglo-French Military Intervention -- (G) Cuban Crisis -- (H) Observations -- VI. Conclusions and Suggestions

Law Political science Private international law Conflict of laws International law Comparative law Law Private International Law International & Foreign Law Comparative Law Political Science


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