The moral ideal must not be confused with the legal rules intended to give it effect. In order to generate legal rights and obligations, it must be given juridical expression and be clothed in legal form. In traditional law reporting, case citations do not reflect information about the case itself, but rather identify the year, volume and page number of the law report(s) that contains the judicial opinion. This principle was a highly controversial one and it could, in any event, have no application to circumstances in which the Court would have to go beyond what could reasonably be regarded as being a process of interpretation and would have to engage in a process of rectification or revision.
When preliminary objections were entered by the defendant party in a case, the proceedings on the merits were suspended, by virtue of Article 62, paragraph 3, of the Court's Rules. They had no right of direct intervention relative to the mandatories: this was the prerogative of the League organs.The manner in which the mandate instruments were drafted only lends emphasis to the view that the members of the League generally were not considered as having any direct concern with the setting up of the various mandates. .
content. 2. The South West Africa cases (Ethiopia v. South Africa; Liberia v. South Africa), which relate to the continued existence of the Mandate for South West Africa and the duties and performance of South Africa as Mandatory thereunder, were instituted by Applications of the Governments of Ethiopia and Liberia filed in the Registry on 4 November 1960.
Individual member States could not themselves act differently relative to League matters unless it was otherwise specially so provided by some article of the Covenant.It was specified in Article 22 of the Covenant that the "best method of giving practical effect to [the] principle" that the "well-being and development" of those peoples in former enemy colonies "not yet able to stand by themselves" formed "a sacred trust of civilization" was that "the tutelage of such peoples should be entrusted to advanced nations . The Court could not, however, presume what the wishes and intentions of those concerned would have been in anticipation of events that were neither foreseen nor foreseeable; and even if it could, it would certainly not be possible to make the assumptions contended for by the Applicants as to what those intentions were.For the foregoing reasons, the Court decided to reject the claims of the Empire of Ethiopia and the Republic of Liberia. But in the functioning of the mandates system in practice, much trouble was taken to arrive, by argument, discussion, negotiation and cooperative effort, at generally acceptable conclusions and to avoid situations in which the Mandatory would be forced to acquiesce in the views of the rest of the Council short of casting an adverse vote. In addition, each instrument of mandate contained articles conferring certain rights relative to the mandated territory directly upon the members of the League as individual States, or in favour of their nationals.
to the provisions of the Mandate", which, it was said, permitted a reference to the Court of a dispute about any provision of the Mandate. Hence, it was contended, it was essential, as an ultimate safeguard or security for the sacred trust, that each Member of the League should be deemed to have a legal right or interest in that matter and be able to take direct action relative to it. Type in the year of your case in the first box of the 'Case Citation'. Nor could anything that occurred subsequent to the dissolution of the League operate to invest its members with rights they did not previously have as members of the League. Click search. The question to be decided was whether any legal right or interest was vested in members of the League of Nations individually as regards the "conduct" clauses of the mandates - i.e., whether the various mandatories had any direct obligation towards the other members of the League individually, as regards the carrying out of the "conduct" provisions of the mandates. The Court was not of the opinion that the word "whatever" in Article 7, paragraph 2, of the Mandate did anything more than lend emphasis to a phrase that would have meant exactly the same without it. A fundamental element was that Article 2 of the Covenant provided that the "action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat". A judgment on a preliminary objection might touch on a point of merits, but this it could do only in a provisional way, to the extent necessary for deciding the question raised by the preliminary objection.
It observed that the 1962 Judgment had simply found that it had "jurisdiction to adjudicate upon the merits" and that if any question of admissibility were involved it would fall to be decided now, as occurred in the merits phase of the Finally, the Court dealt with what had been called the argument of "necessity". .
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