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Law, Politics, and the Security Council: An Inquiry into the by Tae Jin Kahng

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By Tae Jin Kahng

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Extra resources for Law, Politics, and the Security Council: An Inquiry into the Handling of Legal Questions Involved in International Disputes and Situations

Example text

The problems manifest themselves as the question of assigning proper values respectively to legal element and to political element within the context of a dispute. When the question is primarily related to substantive rights and duties of parties, the normal course of action which under the Charter the Security Council should take would be to recommend the reference of the dispute to the Court. Eut where the dispute is not over what the law is, but over claims involving modifications of established rights and duties, and changes of the existing legal order,1 the Security Council may regard the judicial process as unsuitable for the solution of the dispute.

14). , p. 623). 494). , pp. 510 and 512). , p. , p. 510). Opposing the amendments proposed, the spokesman for the Sponsoring Governments, lohn Foster Dulles, stated that the criterion of internationallaw was unacceptable, because it was subject to constant change and therefore escaped definition. , p. 508). Furthermore, in his report to the President, the Chairman of the Uni ted States delegation explained that " ... the body of internationallaw on this subject is indefinite and inadequate. " Charter of the L'nited 1Vations: Report to the President on the Results of the San Francisco Confe,ence, by the Chairman of the United States Delegation, the Secretary 01 State, fune 26, I945.

Series B, No. 12, pp. 27-29. 9 I Oppenheim-Lauterpacht, p. 415. , the General Assembly decides, under rule 81, the question of its own competence. 30 THE COMPETENCE OF THE SECURITY COUNCIL Notwithstanding these diverse views, there is no great difference between these two groups of publicists. " 2 As a consequence, most of the writers consider that the question whether the matter in dispute falls within the reserved domain is eminently appropriate for decision by an international organ of a jurisdictional character.

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