No CrossRef data available.
Article contents
Canada and Namibia
Published online by Cambridge University Press: 09 March 2016
Extract
In 1971 The International Court of Justice in an Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia concluded that the mandate for South-West Africa had been validly terminated by the General Assembly in Resolution 2145 (XXI) of October 27, 1966, and that “the continued presence of South Africa in Namibia being illegal, South Africa is under an obligation to withdraw its administration from Namibia immediately and thus put an end to its occupation of the Territory.” Further, the Court said that:
States Members of the United Nations are under obligation to recognize the illegality of South Africa’s presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia, and to refrain from any acts and, in particular, any dealings with the Government of South Africa implying recognition of the legality of or lending support or assistance to, such presence and administration.
- Type
- Notes and Comments
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 17 , 1980 , pp. 314 - 323
- Copyright
- Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1980
References
1 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970), [1971] I.C.J. Rep. 1.
2 Ibid., 58.
3 Ibid.
4 Annual Report, 1971, at 61 (Department of External Affairs, Ottawa, 1972).
5 In a statement on December 19, 1977 the Secretary of State for External Affairs described the South African administration of Namibia as “essentially an illegal regime”: Current Issues of Concern to Canada and the International Community, statement by the Hon. Donald Jamieson, Secretary of State for External Affairs, No. 77/24, December 19, 1977.
6 Canada and the United Nations, 1965-1975, at 100 (Department of External Affairs, 1976, Ottawa).
7 This raises the interesting question, not discussed in this comment, of what the position would be if the Council sought to assert title to goods or the proceeds of goods emanating fròm Namibia. For a discussion of this question as it relates to the United States, see Sagay, “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,” 66 Am. J. Int’l L. 601 (1972).
8 Annual Report, 1970, at 8 (Department of External Affairs, Ottawa, February 1971). (Emphasis added.)
9 Supra note 1, at 53.
10 The Hon. MacEachen, Allan J., Secretary of State for External Affairs, “Enforcement of Decisions of the Security Council,” in “Canadian Practice in International Law 1974,” 13 Canadian Yearbook of International Law 371–72 (1975).Google Scholar
11 R.S.C. 1970, c. Y-3.
12 Supra note io at 372.
13 Sources for this material. External Affairs Statements No.’s 77/3 and 77/24.
14 The Hon. MacEachen, Allan J., Secretary of State for External Affairs, “United Nations Resolution Outlawing Trade in Namibian Goods — Canadian Position on Ratification,” in “Canadian Practice in International Law, 1976,” 15 Canadian Yearbook of International Law 346 (1977).Google Scholar
15 Canada’s International Responsibilities, Speech by the Hon. Jamieson, Donald, Secretary of State for External Affairs, No. 76/32, December 3, 1976.Google Scholar
16 Current Issues of Concern to Canada and the International Community, Statement by the Hon. Jamieson, Donald, Secretary of State for External Affairs, No. 77/24, December 19, 1977.Google Scholar
17 Resolution 418 provides (inter alia): (I) “all States shall cease forthwith any provision to South Africa of arms and related material of all types, including the sale or transfer of weapons and ammunition, military vehicles and equipment, paramilitary police equipment, and spare parts for the aforementioned, and shall cease as well the provision of all types of equipment and supplies, and grants of licensing arrangements, for the manufacture or maintenance of the aforementioned … ”; (2) “… all States shall refrain from any co-operation with South Africa in the manufacture and development of nuclear weapons.…”
l8 R.S.G. 1970, c. E-17.
19 Export Control List, amendment, Regulations pursuant to Export and Import Permits Act, SOR/77-977, 10/11/77, at 4954.
20 Code of Conduct Concerning the Employment Practices of Canadians Operat-reaction to the death of Steve Biko and to South Africa’s apartheid policy generally, than a response to any activities within Namibia.
21 Code of Conduct Concerning the Employment Practices of Canadians Operating in South Africa, Communiqué of the Hon. Jamieson, Donald, Secretary of State for External Affairs, No. 44, April 28, 1978.Google Scholar
22 This information was provided by Mr. Riemer Boomgaardt of the Department of External Affairs.
23 The conclusion of treaties and the sending of diplomatic and consular representatives were both referred to in Resolution 276 and the Advisory Opinion.
24 17 I.L.M. 762 (1978).