2 December 1949


General List No. 9


international Court of Justice


Competence of the General Assembly for the Admission of New Members to the United Nations






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BEFORE: President: J. G. Guerrero
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1949.12.02_admission_to_UN.htm
Citation: Competence of the General Assembly for the Admission of New Members to the U.N., Order, 1949 I.C.J. 241 (Dec. 2)

The International Court of Justice,

Having regard to Articles 48, 66 and 68 of the Statute,

Having regard to Article 37 of the Rules of Court,

Whereas, on November 22nd, 1949, the General Assembly of the United Nations adopted a Resolution requesting the Court for an advisory opinion on the following question:

"Can the admission of a State to membership in the United Nations, pursuant to Article 4, paragraph 2, of the Charter, be effected by a decision of the General Assembly when the Security Council has made no recommendation for admission by reason of the candidate failing to obtain the requisite majority or of the negative vote of a permanent Member upon a resolution so to recommend ?"

Whereas certified true copies of the English and French texts of the Resolution of the General Assembly were transmitted to the Court by means of a letter dated November 25th, 1949, signed by the Secretary-General of the United Nations;

Whereas, on December 2nd, 1949, the Registrar, in pursuance of Article 66, paragraph 1, of the Statute, gave notice of the request to all States entitled to appear before the Court; [p 242]

Whereas the question submitted by the General 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 been addressed to the governments of States signatory to that instrument;

1. Appoints Tuesday, January 24th, 1950, 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 by the aforesaid States;

2. Reserves the rest of the procedure for further decision.
Done in English and French, the English text being authoritative, at the Peace Palace, The Hague, this second day of December, one thousand nine hundred and forty-nine.

(Signed) J. G. Guerrero,
Acting President.

(Signed) E. Hambro,



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