| |
[p9]
The President of the International Court of Justice,
Having regard to Articles 48 and 66 of the Statute,
Having regard to Article 37 of the Rules of Court,
[1] Whereas the General Assembly of the United Nations on November 17th,
1947, adopted a Resolution in which it asked the Court for 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 the admission 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?
[2] Whereas the text of the Resolution was despatched by the Secretary-General
of the United Nations on November 24th, 1947, and whereas, in a telegram
dated December 10th, 1947, the Secretary-General stated that this despatch
constituted the official notification of the request for an advisory
opinion; [p10]
[3] Whereas the Registrar, on December 12th, 1947, forwarded a copy of the
General Assembly's Resolution to all States entitled to appear before the
Court, asking them to regard this communi-cation as the notice required by
Article 66, paragraph 1, of the Statute;
[4] Whereas moreover, the question submitted by the Assembly for advisory
opinion mentions Article 4 of the Charter of the United Nations, and the
special and direct communication provided for in Article 66, paragraph 2, of
the Statute has therefore been addressed to the Governments of States
signatories to that instrument;
[5] Decides,
In virtue of Article 66 of the Statute,
To fix Monday, the 9th of February, 1948, as the date of expiry of the
time-limit within which written statements relating to the question on which
the Court's opinion has been asked may be filed in the name of such States
admitted to appear before the Court as may desire to present them, without
prejudice to the oral statements provided for in Article 66, paragraph 2,
of the Statute, for the purpose of hearing which the Court might hold public
sittings.
[6] Done in English and French, the French text being authoritative, at the
Peace Palace, The Hague, this twelfth day of December, one thousand nine
hundred and forty-seven.
(Signed) J. G. Guerrero,
President.
(Signed) E. Hambro,
Registrar. |
|
