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Competence of the Economic and Social Council in the Consideration of Disputes

Published online by Cambridge University Press:  20 April 2017

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Type
Notes on Legal Questions Concerning the United Nations
Information
American Journal of International Law , Volume 42 , Issue 3 , July 1948 , pp. 661 - 666
Copyright
Copyright © American Society of International Law 1948

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References

1 Item 31 of Provisional Agenda, UN Doc. E/607, 12 January 1948.

2 Claims of the United States included claims for compensation for property of American citizens taken by nationalization decrees, lend lease accounts, and claims involving United States airplanes shot down over Yugoslavia.

3 UN Doc. E/624, 27 January 1948.

4 UN Docs. E/631, 31 January 1948; E/SR.123, p. 9, 4 February 1948.

5 UN Doe. E/SR.123, p. 6, 4 February 1948. See Department of State Bulletin, Vol. 18, pp. 209–210, 15 February 1948.

6 UN Doc. E/SR.142, pp. 2–5 and 7, 16 February 1948.

7 Same, at 5–7.

8 Same, at 7–9.

9 UN Doc. E/AC.6/18, 19 February 1948. See E/AC.6/23, 1 March 1948.

10 UN Doc E/SR.142, pp. 8–10, 16 February 1948; E/SR.143, pp. 2–4, 18 February 1948.

11 UN Doc. E/SR.143, pp. 4, 5, 7, 18 February 1948.

12 Same, at 8.

13 UN Doc. E/AC.6/SR.16, pp. 2–4, 8 March 1948.

14 United States Mission to the United Nations, Press Belease No. 396, 2 March 1948. See UN Doe. E/AC.6/SR.16, pp. 4–6, 8 March 1948. To support this inference, Mr. Stinebower cited the records of the sub-committee kept by the United States delegation at San Francisco, stating that the action rejecting an Australian proposal for a provision to authorize the Economic and Social Council to make recommendations to a single Member eliminated “the possibility of recommendations to individual Members.” Dr. Kerno, Assistant Secretary-General in charge of the Legal Department, stated that grammatical and logical interpretations of texts should be the primary bases for legal conclusions and that historical interpretation, although important, was only an auxiliary method applied to cases in which texts were not sufficiently clear. UN Docs. E/AC.6/SR.16, p. 6, 8 March 1948; E/AC.6/SR.18, p. 12, 6 March 1948.

15 UN Docs. E/AC.6/SR.16, p. 8, 8 March 1948; E/AC.6/SR.17, p. 5, 5 March 1948.

16 UN Docs. E/AC.6/SR.16, p. 9, 8 March 1948; E/AC.6/SR.17, pp. 7, 10, 5 March 1948.

17 UN Doc. E/AC.6/SR.17, p. 7, 5 March 1948.

18 UN Doc. E/AC.6/SR.17, pp. 5, 6, 14, 5 March 1948.

19 Same, at 6.

20 See UN Doc. E/AC.6/21, 25 February 1948.

21 UN Doc. E/AC.6/25, 1 March 1948.

22 UN Doc. E/AC.6/SR.18, p. 15, 6 March 1948.

23 UN Doc. E/743, 4 March 1948.

24 UN Doc. E/SR.167, p. 10, 19 March 1948.

25 UN Docs. E/SR.167, p. 13, 19 March 1948; E/SR.169, pp. 5, 9–10, 24 March 1948.

26 UN Doc. E/SR.169, p. 4, 24 March 1948.

27 UN Doc. E/SR.169, p. 15, 24 March 1948.

28 In addition to the draft resolution contained in the Report of the Economic Committee, the Council had before it draft resolutions submitted by Venezuela (UN Doc.E/759, 9 March 1948) and Denmark (UN Doe. B/760, 9 March 1948), and a joint amendment to the Venezuelan draft resolution submitted by the representatives of Chile, France, the United Kingdom, and Venezuela (UN Doc. E/763, 9 March 1948).

29 UN Doc. E/SR.170, pp. 5, 7, 25 March 1948

30 The first paragraph was adopted by a vote of 12 to 6, and the second by a vote of 11 to 5 with 2 abstentions. UN Doc. E/SR.170, p. 7, 25 March 1948.

31 The complete resolution was approved by 13 votes to 3, with 2 abstentions. UN Doc. E/SR.170, p. 9, 25 March 1948. For text see UN Doc. E/764. The claims and counterclaims of the two countries were settled by formal agreement signed by the Secretary of State for the United States and the Deputy Minister of Finance for Yugoslavia on 19 July 1948.

32 See statements of the representatives of Canada and the Netherlands. UN Docs. E/SR.167, p. 15, 19 March 1948; E/SR.170, p. 9, 25 March 1948.