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2. Advisory Opinion of the International Court of Justice Concerning Conditions of Admission of a State to Membership in the United Nations, May 28, 19481

Published online by Cambridge University Press:  22 May 2009

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Extract

On November 17, 1947, the General Assembly of the United Nations adopted the following Resolution:

“The General Assembly,

Considering Article 4 of the Charter of the United Nations,

Considering the exchange of views which has taken place in the Security Council at its Two hundred and fourth, Two hundred and fifth and Two hundred and sixth Meetings, relating to the admission of certain States to membership in the United Nations,

Considering Article 96 of the Charter,

Requests the International Court of Justice to give 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?

Instructs the Secretary-General to place at the disposal of the Court the records of the above-mentioned meetings of the Security Council.”

Type
Documents On International Organizations I. Documents on the United Nations
Information
International Organization , Volume 2 , Issue 3 , September 1948 , pp. 568 - 573
Copyright
Copyright © The IO Foundation 1948

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References

1 Admission of a State to the United Nations (Charter, Art. 4), Advisory Opinion: I.C.J. Reports 1948, p. 58–66. This is the complete text of the majority opinion of the Court, with the exception of preliminary material on the manner in which the case reached the Court, government representatives appearing before it, etc.