Claims to universality and charges of particularism
international rules governing foreign-owned property. Broches, the
General Counsel of the World Bank and chief architect of the
Convention, deliberately avoided making any reference to the
recently adopted GeneralAssemblyresolution on Permanent
Sovereignty over Natural Resources. 181 Crucially, unlike previous conventions
adopted at the World Bank, the drafting of the Washington Convention
been, and set out a framework for a managed end to colonialism.
A sense of these changes can be observed by comparing the 1937 Peel Commission's proposals to partition Palestine to the 1947 UN Partition Plan in GeneralAssemblyResolution 181 (II).
Whereas the Peel Commission's proposal envisaged a forcible exchange of populations between Arabs and Jews and continued British rule, the UN's plan excluded both possibilities, and went even further by calling on the
A sustainable development argument in investor–state dispute settlement
United Nations Conference on
Environment and Development, Annex II, A/CONF.151/26 (Vol I),
Rio de Janeiro, 3–14 June 1992; the Earth
Summit+5 , United Nations GeneralAssemblyResolution S-19/2,
A/S-19/29, 19th Special Session Agenda Item 8, 11th Plenary
Meeting, 28 June 1997; the Johannesburg Declaration on
Sustainable Development , United Nations
the way of comparative work.
Yet, the partitions of British India and mandate Palestine make useful comparisons, not only because they were administered by the same power, but also because they occurred within months of each other in the early stages of the Cold War. Significantly, India and Pakistan voted against UN GeneralAssemblyResolution 181 (II) of 29 November 1947 (hereafter ‘the UN Partition Plan for Palestine’), even though their leaders accepted the partition of the Indian subcontinent as the price of
refugee status naturally had as a consequence the denial of international protection. 40 In this case, too, the UN took the path of compromise and, through a specific GeneralAssemblyresolution, granted the UNHCR the task of assisting the Algerians in Morocco and Tunisia, 41 leaving the recognition of their status unresolved, however. In this context, France’s position towards the World Refugee Year was ambiguous: the government officially gave its support but very little was done to develop the activities set out in the programme. 42
The plan launched for
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 GeneralAssemblyresolution 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
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 GeneralAssemblyResolution 1301 of 1
signature, ratification and accession by GeneralAssemblyresolution 44/25 of 20 November 1989, www2.ohchr.
org/english/law/crc.htm. (accessed 22.10.2014).
44 Mikaila Mariel Lemonik Arthur, ‘The neglected virtues of comparative-historical
methods’, in Ieva Zake and Michaal De Cesare (eds), New Directions in Sociology:
Essays on Theory and Methodology in the 21st Century (Jefferson/NC: McFarland,
2011), 172–92, here p. 172.
45 Ingvill C. Mochmann and Stein Ugelvik Larsen, ‘Kriegskinder in Europa’, Aus
Politik und Zeitgeschichte, 18–19 (2005), 34–8.
The politics of migration in the final days of Rhodesia and apartheid South Africa, 1970–94
Jean P. Smith
36/1634, D.R. Upton, Memorandum, ‘Encouraging White
Emigration from Rhodesia’, 18 July 1974.
Brownell, Collapse of Rhodesia , pp.
UN GeneralAssembly, Resolution 2396, ‘The policies of
apartheid of the Government of South Africa’, 2 December 1968, p. 20. For more on the
role of the United Nations in the struggle against see Dubow, Apartheid , pp. 47–50, 83, 191, 278; Newell
M. Stultz, ‘Evolution of the United Nations Anti-Apartheid Regime
guide the African continent
along a similar path.
Although it proved more difﬁcult to implement in practice, the Irish
assessment was not unfounded. The year 1960, the ‘year of Africa’,
became a turning point in the history of the UN’s involvement in colonial issues. GeneralAssemblyresolution 1514, the ‘Declaration on the
Granting of Independence to Colonial Countries and Peoples’, passed
in December of that year, acted as its focal point. The document’s
emphasis on ending colonialism and colonial structures helped to redeﬁne the playing ﬁeld for discussion of these