30 December 1949


General List No. 10


international Court of Justice


International Status of South-West Africa






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BEFORE: President: Basdevant
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1949.12.30_status_of_SW_Africa.htm
Citation: International Status of South West Africa, Order, 1949 I.C.J. 270 (Dec. 30)

The President of 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 December 6th, 1949, the General Assembly of the United Nations adopted a Resolution requesting the Court for an advisory opinion, if possible before the Fifth Session of the General Assembly, on the following question :

"What is the international status of the Territory of South-West Africa and what are the international obligations of the Union of South Africa arising therefrom, in particular :

(a) Does the Union of South Africa continue to have international obligations under the mandate for South-West Africa and, if so, what are those obligations ?

(b) Are the provisions of Chapter 12 of the Charter applicable and, if so, in what manner, to the territory of SouthWest Africa ?

(c) Has the Union of South Africa the competence to modify the international status of the Territory of South-West Africa, or, in the event of a negative reply, where does competence rest to determine and modify the international status of the territory ?"

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 signed by the Secretary-General of the United Nations, dated December 19th, 1949, and filed in the Registry on December 27th, 1949;[p 271]

Whereas on December 30th, 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;

Whereas the question submitted by the General Assembly for an advisory opinion mentions Chapter 12 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 the States signatory to that instrument:

(1) Appoints Monday, March 20th, 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 liled by the aforesaid States;

(2) Reserves the rest of the procedure for further decision.

Done in English and French, the French text being authoritative, at the Peace Palace, The Hague, this thirtieth day of December, one thousand nine hundred and forty-nine.

(Signed) Basdevant,

(Signed) E. Hambro Registrar



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