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Recognition by the United Nations of the Representation of a Member State: Criteria and Procedure

Published online by Cambridge University Press:  20 April 2017

Yuen-Li Liang
Yuen-Li Liang*
Affiliation:
Division for the Development and Codification of International Law, United Nations Secretariat
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Extract

The question of recognition by an international organization of the representation of a Member State, a question recently considered by the General Assembly of the United Nations as a result of a proposal by Cuba, had previously engaged the attention of several international bodies. For instance, after the Italian conquest of Ethiopia, the Credentials Committeeof the Assembly of the League of Nations was confronted with the issue of the seating of Ethiopian representatives in the Assembly.

Type
Notes on Legal Questions Concerning the United Nations
Information
American Journal of International Law , Volume 45 , Issue 4 , October 1951 , pp. 689 - 707
Copyright
Copyright © American Society of International Law 1951

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Footnotes

*

The present note was prepared in collaboration with Miss Kwen Chen.

References

1 League of Nations, Records of 17th Assembly, 1936, Plenary, p. 40.

2 Ibid., pp. 40-42. See H. Lauterpacht, “The Credentials of the Abyssinian Delegation to the Seventeenth Assembly of the League of Nations,” British Year Book of International Law, Vol. 18 (1937), p. 184.

3 International Labor Conference, Records of Proceedings, 26th Sess., 1944, p. 292 (Second Report of the Credentials Committee). The Conference adopted the Report without taking further action on its proposal.

4 Ibid., 27th Sess., 1945, p. 321 (Seventh Report of the Credentials Committee).

5 U.N.C.I.O., Vol. III, Doc. 2, G/7(n)(l), May 4, 1945, pp. 366-367.

6 U.N.C.I.O., Vol. II, Doc. 365, EX-SEC/10, p. 567. The amendment of the four Sponsoring Governments, referred to by the Norwegian Delegation, read: “Subject to the provisions of paragraph 1 of this Section, the General Assembly should be empowered to recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the Purposes and Principles set forth in this Charter.” Ibid., Vol. III, Doc. 2, G/29(a), May 11, 1945, p. 629. This amendment was subsequently adopted in substance as Art. 14 of the Charter.

7 U. N. Doc. S/1443. Upon the rejection of the Soviet draft resolution, the representative of the Soviet Union withdrew from the Council. See Security Council, 5th Year, Official Records, No. 3, p. 10.

8 U. N. Doc. S/1447, Jan. 13, 1950, p. 2.

9 Security Council, 5th Year, Official Records, No. 4, p. 13.

10 U. N. Docs. S/C.1/SR.113 (p. 5) and 114 (p. 2).

11 U. N. Doc. S/C.1/SR.113, pp. 3-4. See also Doc. A/1308, p. 4.

12 U. N. Doc. S/1457, p. 2. At its 468th meeting, the Security Council approved the conclusions of the Committee of Experts on this subject. See Security Council, 5th Year, Official Records, No. 10, p. 11.

13 U. N. Doc. A/1466, pp. 2-3.

14 Economic and Social Council, 5th Year, Official Records, 10th Sess., 344th meeting, p. 2.

15 Trusteeship Council, 7th Sess., Official Records, 1st meeting, p. 2.

16 See U. N. Doc. A/1344, Sept. 6, 1950, p. 2.

17 U. N. Doc. A/1292. By a letter dated July 26, 1950, the representative of Cuba submitted an explanatory memorandum on this item. See U. N. Doc. A/1308.

18 General Assembly, 5th Sess., Official Records, General Committee, 70th meeting, p. 10 (see also Doc. A/1386, p. 11).

19 General Assembly, 5th Sess., Official Records, Plenary Meetings, 285th meeting, Sept. 26, 1950, p . 115.

20 U. N. Doc. A/AC.38/L.6, Oct. 7, 1950.

21 U. N. Doc. A/AC.38/L.21, Oct. 31, 1950.

22 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 24th meeting, p. 160.

23 U. N. Doc. A/AC.38/L.45, Nov. 21, 1950.

24 U. N. Doc. A/AC.38/L.6, Oct. 7, 1950.

25 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 18th meeting, p. 122.

26 U. N. Doc. A/AC.38/L.11, Oct. 10, 1950.

27 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 18th meeting, pp. 112-113.

28 U. N. Doc. A/AC.38/22, Oct. 23, 1950. The Chinese amendment also proposed to add to par. 3 of the preamble of the Cuban draft resolution the following paragraph: “That the recognition of a new representative of a Member State should not be premature and should be guided strictly by the principles and provisions of the Charter of the United Nations and the Stimson Doctrine of Non-recognition.” Ibid.

29 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 19th meeting, p. 120.

30 Ibid., 20th meeting, p. 130.

31 U. N. Doc. A/AC.38/L.22, Oct. 23, 1950.

32 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 18th meeting, p. 154.

33 Ibid., 23rd meeting, p. 116.

34 For statements to this effect made by the representatives of the members of the Committee, see General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, pp. 116 and 147 (United Kingdom), p. 122 (U.S.S.R.), p. 127 (India), p. 129 (Netherlands), p. 131 (Union of South Africa), p. 138 (Czechoslovakia), p. 141 (Burma), p. 145 (Chile), p. 151 (Poland), and p. 156 (Canada).

35 For statements to this effect made by the representatives of the members of the Committee, see ibid., pp. 113 and 148 (China), p. 115 (Uruguay), pp. 120 and 155 (U.S.A.), p. 139 (El Salvador), p. 146 (New Zealand), p. 148 (Cuba), and p. 155 (Ecuador). The amendments submitted by China to the Cuban draft resolution proposed to add at the end of subparagraph 1(c) of that resolution the words: “not having been an accomplice of aggression or given aid and sympathy to an aggressor so proclaimed by the United Nations; and not having committed acts of aggression,” and at the end of subparagraph 1(d) the words: “ as defined by the United Nations Universal Declaration of Human Rights.” See U. N. Doc. A/AC.38/L.22.

36 Ibid., p. 115 (Uruguay) and p. 131 (Union of South Africa).

37 U. N. Doc. A/AC.38/L.21, Oct. 20, 1950.

38 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 18th meeting, p. 117.

39 For the opinions expressed in the Committee concerning the criteria contained in the United Kingdom draft resolution, see ibid., p. 117 (United Kingdom), pp. 123 and 148 (China), p. 128 (Bolivia), p. 129 (Netherlands), p. 131 (Union of South Africa), p. 132 (Israel), p. 138 (Norway), p. 140 (Venezuela), p. 142 (Greece), p. 143 (Byelorussian S.S.R.), p. 144 (Yugoslavia), p. 145 (Chile), and p. 146 (New Zealand).

40 U. N. Doc. A/AC.38/L.24, Oct. 25, 1950.

41 U. N. Doc. A/AC.38/L.45, Nov. 21, 1950.

42 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 57th to 60th meetings, Nov. 27-28, 1950.

43 The report of the subcommittee, in order to express the attitude of some delegations, included in par. 16 the following note: “In ordinary circumstances, the declaration by a new government of its willingness to accept responsibility for carrying out the obligations of the Charter will be sufficient. However, the conduct of the new government may be considered when such conduct refutes the consideration and reveals that it has not been made in good faith.” U. N. Doc. A/AC.48/L.45, p. 5. The representative of the United Kingdom concurred in the view that a mere declaration by the new government to respect its obligations under the Charter was sufficient compliance with the requirements of item (ii) of subparagraph 1(b). See General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 58th meeting, p. 373.

44 The representative of France stated that while delegations were inclined to interpret “through internal processes” as meaning “free from outside intervention,” in borderline cases it could become very controversial. See ibid., 59th meeting, pp. 379-380.

45 U. N. Doc. A/AC.38/L.54, Nov. 28, 1950. An amendment submitted by the Argentine Delegation (U. N. Doc. A/AC.38/L.56) to substitute another version for par. 1 of the subcommittee’s draft resolution was later withdrawn because of lack of support.

46 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 60th meeting, p. 388.

47 This principle was criticized by the representatives of Poland and Czechoslovakia on the ground that it placed the circumstances of each case on the same footing as the principles of the Charter, despite the fact that the Charter should prevail. Ibid., pp. 369, 378.

48 Genereal Assembly, 5th Sess., Official Records, General Committee, 70th meeting, Sept. 22, 1950, p. 10.

49 U. N. Doc. A/AC.38/L.23, Oct. 23, 1950.

50 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 22nd meeting, p. 147.

51 U. N. Doc. A/AC.38/L.25, Oct. 26, 1950.

52 U. N. Doc. A/AC.38/L.55, Nov. 28, 1950.

53 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 60th meeting, p. 387.

54 U. N. Docs. A/AC.38/L.6 and A/AC.38/L.21. The U. K. draft resolution further proposed that consideration of the question by the General Assembly should not preclude “action by any other organ of the United Nations which is called upon to take a decision on the matter during the period before the Assembly meets.” This provision was not contained in the revised draft resolution submitted by the U. K. at a later date. See U. N. Docs. A/AC.38/L.21/Rev.l, Oct. 31, 1950, and A/1578/Add.l, Dec. 13, 1950.

55 U. N. Doc. A/AC.38/L.45, Nov. 21, 1950, p. 4.

56 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 57th meeting, p. 365.

57 Ibid., 60th meeting, p . 384. The Soviet Union and the states which supported the Soviet position had consistently maintained that each organ of the United Nations should apply its own rules of procedure to decide on the question of representation of a Member State, should such a question arise.

58 Ibid., 60th meeting, p. 386; see also U. N. Doc. A/AC.38/L.58, Nov. 29, 1950.

59 U. N. Doc. A/AC.38/L.50, Nov. 27, 1950.

60 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 57th meeting, p. 367.

61 U. N. Doc. A/1582, Dec. 1, 1950.

62 General Assembly, 5th Sess., Official Records, Plenary Meetings, 325th meeting, p.675. See also U. N. Doc. A/1753, Dec. 18, 1950.

63 U. N. Doc. S/1466, March 9, 1950, p. 2.

64 Ibid., p. 5.

65 See U. N. Docs. A/AC.38/L.6 (par. 3), A/AC.38/L.21 (par. 4), and A/AC.38/L.45 (p. 4).

66 General Assembly, 5th Sess., Official Becords, Ad Hoc Political Committee, pp. 121, 373. Secretary of State Dean Acheson, testifying before the United States Senate Investigation Committee, and referring to the question of recognition of the Chinese Communist government and the question of its entry into the United Nations, stated: “One is the question of recognition by this Government of some government as the government of the particular country. The other one has to do with the admission into the United Nations of a government. In one we can determine whom we recognize. We are part of a larger organization which determines what government can represent a country in the United Nations.” U. S. Senate, 82nd Cong., 1st Sess., Hearings before the Committee on Armed Services and the Committee on Foreign Relations on the Military Situation in the Far East, Part 3, June 1-13, 1951, pp. 1819-1820.

67 U. N . Doc. A/AC.38/L.21, Oct. 20, 1950. A revised draft resolution submitted by the U. K. provided in par. 2 of its operative part that “ the principle set out in the preceding paragraph should be applied by Member States in other organs of the United Nations and in the specialized agencies when taking a decision concerning the representation of any State a Member of the United Nations or of the specialized agencies concerned.” U. N. Doc. A/AC.38/L.21/Rev.l, Oct. 31, 1950.

68 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 20th meeting, p. 133.

69 Ibid., 19th meeting, p. 120; 23rd meeting, p. 155.

70 U. N. Doc. A/AC.38/L.45, p. 4.

71 Ibid., p. 6.

72 General Assembly, 5th Sess., Official Records, Ad Hoc Political Committee, 58th meeting, p . 374.

73 See U. N. Doc. A/1578, Dec. 1, 1950, p . 9.

74 Commission exécutive et de liaison de l’Union Postage Universelle: Comptes rendus analytiques de la 4èime session, pp. 6 and 7, et de la 5ème session, pp. 6 and 7.

75 General Assembly Resolution 490 (V), Sept. 19, 1950. This resolution further provided that “pending a decision by the General Assembly on the report of this Special Committee, the representatives of the National Government of China shall be seated in the General Assembly with the same rights as other representatives.”

76 Trusteeship Council, 8th Sess., Official Records, 315th meeting, Jan. 30, 1951, pp. 1-6; Economic and Social Council, 12th Sess., Official Records, 437th meeting, Feb. 20, 1951, pp. 1-3; Ad Hoc Committee on the Organization and Operation of the Economic and Social Council and its Commissions, Doc. E/AC.34/SR.1, 1st meeting, Jan. 4, 1951, pp. 2-3; Economic Commission for Asia and the Far East, 7th Sess., Doc. E/CN.11/SR.79, 79th meeting, Feb. 28, 1951, pp. 2-8; Transport and Communications Commission, 5th Sess., Doc. E/CN.2/SR.45, 45th meeting, March 19, 1951, pp. 2-5; Social Commission, 7th Sess., Doc. E/CN.5/SR.147, 147th meeting, March 19, 1951, pp. 4-6; Commission on Narcotic Drugs, 6th Sess., Doc. E/CN.7/SR.122, 122nd meeting, April 10, 1951, pp. 2-3; Commission on Human Rights, 7th Sess., Doc. E/CN.4/SR.202, 202nd meeting, April 16, 1951, pp. 4-7; Population Commission, 6th Sess., Doc. E/CN.9/SR.63, 63rd meeting, April 23, 1951, pp. 2-4; Commission on the Status of Women, 5th Sess., Doc. E/CN.6/SR.82, 82nd meeting, April 30, 1951, pp. 3-5; Statistical Commission, 6th Sess., Doc. E/CN.3/SR.66, 66th meeting, May 7, 1951, pp. 4-5; Fiscal Commission, 3rd Sess., Doc. E/CN.8/SR.ll, May 7, 1951, pp. 3-4.