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The Right of the United Nations to Bring Actions in Municipal Courts in Order to Claim Title to Namibian (South West African) Products Exported Abroad

Published online by Cambridge University Press:  28 March 2017

Itse Sagay
Itse Sagay*
Affiliation:
University of Ife
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Type
Notes and Comments
Information
American Journal of International Law , Volume 66 , Issue 3 , July 1972 , pp. 600 - 604
Copyright
Copyright © American Society of International Law 1972

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References

1 G. A. Res. 2325 (XXII), Dec. 16, 1967; 2372 (XXII), June 12, 1968; 2403 (XXIII), Dec. 16, 1968; 2498 (XXIV), Oct. 31, 1969; 2678 (XXV), Dec. 9, 1970; S. C. Res. 264 and 269 (1969); 276 and 283 (1970).

2 [1971] I.C.J. Rep. 47–51, 53, 54, and 58.

3 Written Statement in the Namibia case, 1971, I.C.J. Pleadings, Vol. VI, par. 142.

4 [1953] 1 W.L.R. 246; 47 A.J.I.L. 325 (1953).

5 Although the Court held that the Company was entitled to the oil on the ground that the Iranian expropriation decree was contrary to international law, our interest in this case is not so much in the judgment and its merits, but on the procedure adopted by the Company to reclaim possession of what it regarded as its property.

Moreover, when the applicants in the Rose Mary case brought similar actions in Japanese and Italian courts, these courts took views which were directly opposed to that of the Aden court in the Rose Mary. See Anglo Iranian Oil Co. v. Idemutsu Kosan Kaisha, 20 I.L.R. 305 and Anglo-Iranian Oil Co. v. S.U.P.O.R., 22 I.L.R. 19 and 23, 47 A.J.I.L. 509 (1953).

6 See Colombos, International Law of the Sea 685–686 (6th ed., 1967).

7 See, in general, E. Lauterpacht, “Implementation of Decisions of International Organizations through National Courts,” in Schwebel (ed.), The Effectiveness of International Decisions 57 (1971).