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The question concerning the International States of South of the United Nations to the integration of the Territory in the
West Africa had been referred for an advisory opinion to the Union.
Court by the General Assembly of the Unitecl Nations (G.A. The United Nations refused their consent to this integra-
resolution of 6 December 1949). tion andinvited the LJnion of South Africa to place the Terri-
The Court decided unanimously that South-West Africa tory under 'ltusteeship, according to the provisions of Chap-
was a territory under the international Mandate assumed by ter XI1 of the Charter.
the Union of South Africa on December 17th. 1920; The Union of South Africa having refused to comply, the
by 12 votes to 2 that the Union of South Africa continued General Assembly of the United Nations, on December 6th.
to have the international obligations resulting,from the Man- 1949, adopted the following resolution:
date, including the obligation to submit reports and transmit The General Assembly,
petitions from the inhabitants of that Territory, the supervi- Recalling its previous resolutions 65 (I) of 14 December
sory functions to be exercised by the United Nations and the 1946, 141 (11) of 1 November 1947 and 227 (111) of 26
reference to the Permanent Court of International Justice to November 1948 corrcerning the Territory of South-West
be replaced by reference to the International Court of Justice, Africa,
in accordance with Article 7 of the Mandate and Article 37 of Considering that it is desirable that the General Assembly.
the Statute of the Court; for its further consideration of the question, should obtain an
unanimously that the provisions of Chapter XI1 of the advisory opinion on its legal aspects,
Charter were applicable to the Territory of South-West 1. Decides to submit the following questions to the Inter-
Africa in the,sense that they provided a means by which the national Court of Justice with a request for an advisory opin-
Territory may be brought under the 'lfusteeshiip system; ion which shall be transmitted to the General Assembly
by 8 votes to 6 that the Charter did not impose on the Union before its fifth regular session, if possible:
of South Africa a legal obligation to place the Territory under "What is the international status of the Territory of
Trusteeship; South-West Africa and what are the international obliga-
and finally, unanimously that the Union of South Africa tions of the Union of South Africa arising therefrom, in
was not competent to modify the international status of particular:
South-West Africa, such competence resting 'with the Union "(a) Does the Union of South Africa continue to have
acting with the consent of the United Nations. international obligations under the Mandate for South-
West Africa and, if so, what are those obligations?
"(b) Are the pmvisions of Chapter XI1 of the Charter
applicable and, if so, in what manner, to the Territory of
South-West Africa?
"(c) Has the Union of South Africa the competence to
The circumstances in which the Court was called upon to modify the internat.iona1 status of the Territory of South-
give its opinion were the following: West Africa, or, in the event of a negative reply, where
The Territory of South-WestAfrica was one of the German does competencerest to determine and modify the interna-
overseas possessions in respect of which Gennany, by Arti- tional status of the Territory?"
cle 119 of the Waty of Versailles renouncecl all her rights 2. Requests the Secretary-General to transmit the
and titles in favour of the Rincipal Allied and Associated present resolution to the International Court of Justice, in
Pbwers. After the war of 1914-1918this Territory was placed accordance with Article 65 of the Statute of the Court,
under a Mandate conferred upon the Union o:f South Africa accompanied by all dccuments likely to throw light upon the
which was to have full power of administration and legisla- question.
tion over the Temtory as an integral portion of the Union. The Secretary-General shall include among these docu-
The Union Government was to exercise an! international ments the text of articlle 22 of the Covenant of the League of
function of administration on behalf of the League, with the Nations; the text of the Mandate for German South-West
object of promoting the well-being and development of the Africa, confirmed by the Council of the League on 17
inhabitants. December 1920; relelvant documentation concerning the
After the second world war, the Union of South Africa, objectives and the functions of the Mandates System; the text
alleging that the Mandate had lapsed, sought tlne recognition of the resolution adopted by the League of Nations on the