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Legal Aspects of the Use of a Provisional Name for Macedonia in the United Nations System

  • Igor Janev (a1)
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1 SC Res. 817, UN SCOR, 48th Sess., Res. & Dec., at 132, para. 2, UN Doc. S/INF/49 (1993); GA Res. 47/225, UN GAOR, 47th Sess., Supp. No. 49, Vol. 2, at 6, UN Doc. A/47/49 (1993).

2 SC Res. 817, supra note 1, para. 1.

3 See, e.g., UN SCOR, 1st Sess., 2d series, Supp. 4, at 40, 47, 53 (1946); id, 2d Sess., Spec. Supp. 3, at 29, 35–36, 42, 51–53 (1947).

4 See UN SCOR, 2d Sess., 181st mtg. at 1920, 1935 (1947); id., 3d Sess., 330th mtg. at 16 (1948).

5 GA Res. 113 (II), UN GAOR, 2d Sess., Res., at 19 (1947).

6 See Admission of a State to the United Nations (Charter, Art. 4), Advisory Opinion, 1948 ICJ Rep. 57, 61 (May 28).

7 Id. at 65.

8 Id. at 62.

9 Id.

10 1948 ICJ Rep. at 63 (in which case paragraph 1 of Article 4 would cease to be a legal norm). It follows that the conditions laid down in paragraph 1 of Article 4 are not only necessary, but also sufficient conditions for admission to membership in the United Nations.

11 Id. at 64.

12 This view of the Court was elaborated specifically and in depth by Judge Alvarez in his concurring individual opinion. He stated that,

having regard to the nature of the universal international society, the purposes of the United Nations Organization and its mission of universality, it must be held that all States fulfilling the conditions required by Article 4 of the Charter have a right to membership in that Organization. The exercise of this right cannot be blocked by the imposition of other conditions not expressly provided for by the Charter, by international law or by a convention, or on grounds of a political nature.

Id. at 71.

13 GA Res. 197 (III), UN GAOR, 3d Sess., Res., pt. 1, at 30 (1948).

14 SC Res. 817, supra note 1, preamble.

15 Id.

16 See UN SCOR, 48th Sess., Supp. for Apr.-June, at 35, UN Doc. S/25541 (1993).

17 Admission of a State to the United Nations (Charter, Art. 4), Advisory Opinion, 1948 ICJ Rep. 57, 113 (May 28) (Krylov, J., dissenting).

18 See EC Arbitration Commission on Yugoslavia, Opinion No. 6, 31 ILM 1507, 1511 (1992).

19 Louis Henkin, Richard C. Pugh, Oscar Schachter & Hans Smit, International Law: Cases and Materials 253 (3d ed. 1993).

20 For an English translation of the Macedonian Constitution, including amendments, see 11 Constitutions of the Countries of the World & Supp. 98-6, at 1 (Albert P. Blaustein & Gisbert H. Flanz eds., 1994, 1998).

21 UN Charter Art. 2, para. 1.

22 Declaration on Principles of International Law concerning Friendly Relations and co-operation among States in accordance with the Charter of the United Nations, GA Res. 2625 (XXV), UN GAOR, 25th Sess., Supp. No. 28, at 121, 123, 124, UN Doc. A/8028 (1970).

23 Memorandum on legal aspects of the problem of representation in the United Nations, UN Doc. S/1466, at 2 (1950).

24 Id. at 3.

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American Journal of International Law
  • ISSN: 0002-9300
  • EISSN: 2161-7953
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