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create a solution acceptable to the society as a whole.29 When the results of the Pearce Commission made clear the African population’s resounding rejection of the proposed constitution, however, the Irish delegation responded in kind. On 30 November 1972 it voted in favour of a draft General Assembly resolution on Rhodesia presented to the Fourth Committee (Britain, Portugal and the United States voted against) in the belief that the Rhodesian regime could no longer deny that ‘the majority . . . were willing and able to assume responsibility for the future
adds to this argument. This principle was established in General Assembly resolution 1514 (XV) of 14 December 1960, which – while not legally binding qua General Assembly Resolution – is generally cited as the basis for independence claims for erstwhile colonial territories. 45 Moreover, it is the established view in international jurisprudence that states that have been denied a
Voluntary Sector,” Bureau for Population and Humanitarian Assistance, June 2, 1972. 45 Recognition and an international definition of the term “Least Developed Countries” was established in 1971 by United Nations General Assembly Resolution 2768 (XXVI), November 18, 1971, http
Basis of Humanitarian Intervention’, p. 69; and Tyagi, ‘The Concept of Humanitarian Intervention Revisited’, pp. 889–890. 13 UN General Assembly Resolution, ‘2005 World Summit Outcome’, Downloaded December 2009 at http://unpan1.un.org/intradoc/groups/public/documents/UN/UNPAN021752.pdf 14 Cf. Halberstam, ‘The Legality of Humanitarian Intervention’, p. 6: ‘The legality of humanitarian intervention should not be subject to the veto power of any one state.’ 15 John Locke, Second Treatise of Civil Government , chapter 2. 16 Fonteyne, ‘The Customary
intervention must devolve to the constituent nations of the UN.14 The right to intervene on humanitarian grounds, although it should ideally go through the UN Security Council, the preferred avenue wherever possible, cannot be so constrained without exception. It cannot for the simple reason that a situation may arise in which, under the law of nations by which that body is bound, an intervention is justified and urgent, but will not be authorized by the Security Council even so, this for political 13 14 UN General Assembly Resolution, ‘2005 World Summit Outcome
original Charter. By General Assembly Resolution 1991 A and B (XVIII) of 17 December 1963, the number of members in the Security Council and ECOSOC was increased from 11 to 15 and from 18 to 27 respectively. This resolution entered into force on 30 August 1965. At first, the alteration of Article 109 Paragraph 1 was overlooked. This paragraph was later amended by General Assembly Resolution 201
-Commission – following a technical review by the Secretariat26 – at its forty-sixth session in 1994.27 The text discards all equivocations on the right of indigenous peoples to self-determination.28 General Assembly resolution 49/214 of 23 December 199429 entitled ‘International Decade of the World’s Indigenous People’30 encouraged the Human Rights Commission to consider the draft Declaration on the Rights of Indigenous Peoples with the participation of representatives of indigenous peoples,31 on the basis of procedures to be determined by the Commission. In its resolution 1995/32 of
; that a village near the quarry was the only remaining village in Finland with a homogeneous Saami population,127 and that the quarry site (Mount EtelaRiutusvaara) is a sacred place in the old Saami religion, though the practice 117 Recall, however, the limitations of Article 25; See ch. 5 in this volume. See comments of the Committee on Colombia, A/47/40, paras. 352, 378, 391. 119 Contained in General Assembly resolution 47/135, 18 December 1992. 120 Article 2.2. 121 Article 2.3. 122 For reflections, see A. Boyle and P. Birnie, International Law and the Environment
incorporates a preamble of twelve paragraphs, seven substantive articles (Part I of the Convention), a further nine articles addressing implementation (Part II) and nine articles on entry into force, denunciation, revision, reservations, etc. (Part III).4 1 Contained in General Assembly resolution 1904(XVIII), 20 November 1963. For a review, see Thornberry, International Law, chs. 29 and 30. 2 General Assembly resolution 2106(XX). 3 660 UNTS, 195. The implementation of the Convention is complemented by the work of the Special Rapporteur (of the Commission on Human Rights) on
afforded to foreign investment persisted after the second world war. Even though Resolution 1803 on the Permanent Sovereignty over Natural Resources of 14 December 1962 103 can be read as a tentative compromise between the positions of capital-exporting and capital importing countries by not excluding “appropriate compensation,” 104 UN General Assembly Resolution 1301 of 1 May