South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa). (Second Phase.)

Abstract

International law — Sources — General principles of law — Fundamental legal concepts — Whether including principle of nondiscrimination — Norms of human rights — Jus cogens.

International Law — Sources — Law — making treaties — Charter of United Nations — Constitution of I.L.O. — Genocide Convention Customary international law — Formation of — Resolutions of international organizations as factor in creation of customary rules .

Mandates — Jurisdictional clause — Whether conferring substantive rights on Members of League — Whether such rights conferred by “conduct” provisions of Mandate — Rights of Members of League Council under Minorities Treaties compared — Meaning of “Members of the League” — Literal interpretation of jurisdictional clause.

International Court of Justice — Contentious jurisdiction — Judgment — Individual opinions — Nature and extent of Judge's right to give individual opinion — Article 57 of Statute — Judgment based on antecedent issues of merits — Whether individual opinions may deal with ultimate merits.

International Court of Justice — Contentious jurisdiction — Judgment — Judgment on preliminary objections — Whether constituting res judicata — Whether “final” within Article 60 of Statute — Res judicata as binding the Court — Whether Judgments separable into operative parts and reasons — Distinction between preliminary objections and merits — Antecedent questions — Legal right or interest of applicants in subject-matter of claim — Distinction between such right or interest and locus standi.

Mandates — ”Special interests“ provisions and ”conduct“ provisions — Legal interest of individual Members of League in ”conduct“ provisions — Mandates as ”sacred trust“ — Whether this imports legal interest — Effect of dissolution of League — Whether rights of League devolved upon individual States — Effect of declarations by Mandatories at time of dissolution — Contentious litigation based on Mandate — Requirement of legal right or interest vis-à-vis Mandatory.