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International Law and Some Recent Developments in the Commonwealth
Published online by Cambridge University Press: 28 March 2017
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- Copyright © American Society of International Law 1961
References
1 A review by an anonymous “public servant of a Commonwealth country,” in 12 Political Science (New Zealand) 97 (1960).
2 “Nigeria Can Lead the Way,” 36 New Commonwealth 623 (1960).
3 New York Times, Oct. 7, 1960, p. 16.
4 Ibid., Oct. 4, 1960, p. 4.
5 See, for example, Anderson, J. N. D., “Conflict of Laws in Northern Nigeria: A New Start,” 8 Int. and Comp. Law Quarterly 442-456 (1959)CrossRefGoogle Scholar.
6 See Deener, David R., “International Law Provisions in Post-World-War II Constitutions,” 36 Cornell Law Quarterly 505-533 (1951)Google Scholar.
7 By Ch. V, Part 4, Sec. 69 of the Constitution, “Parliament may make laws for Nigeria or any part thereof with respect to matters not included in the Legislative Lists for the purpose of implementing any treaty, convention or agreement between the Federation and any other country or any arrangement with or decision of an international organization of which the Federation is a member” (italics inserted). The Lists referred to cover, inter alia, external affairs, extradition, immigration and emigration.
8 See, for examples, General Assembly, 8th Sess., Official Records, Plenary Meetings, 639th Meeting, pars. 13, 14, 17; 9th Sess., Agenda Item 61; 11th Sess., Agenda Item 53, Doc. A/3120.
9 Res. 1013 (XI), Doc. A/RES/406. The resolution was passed on Feb. 26, 1957.
10 Cmnd. 1093 (July, 1960) contains (as Appendix A) the draft treaty between the United Kingdom, Greece and Turkey of the one part, and the Republic of Cyprus of the other part, concerning the establishment of the Republic of Cyprus, and (as Appendix B), the draft treaty of guarantee between the United Kingdom, Greece, Turkey and the Republic of Cyprus. It also contains (as Appendix D) the draft constitution of the Republic of Cyprus. Art. 32 of the constitution refers to the international law standard in its provision that “Nothing in this Part contained [Part I, General Provisions] shall preclude the Republic from regulating by law any matter relating to aliens in accordance with International Law.”
11 New York Times, Oct. 5, 1960, p. 10.
12 The last British Governor of Cyprus (Sir Hugh Foot) said in an address:
“There is a deep reservoir of respect and affection amongst Cypriote of all communities towards Great Britain and British institutions, and I have no doubt that Cyprus will follow up its successful application for membership of the United Nations by applying to retain its association with the British Commonwealth.” 3 Journal of the Royal Commonwealth Society (New Series) 225 (1960).
On Feb. 16, 1961, the Cyprus House of Representatives voted, 41 to 9, to join the Commonwealth for a five-year trial period. The matter was to come before the Commonwealth Prime Ministers’ Conference beginning in London on March 8. New York Times, Feb. 17, 1961, p. 6.
13 On the manner in which Eire, as a republic, ceased to be a Member of the Commonwealth, see A. G. Donaldson, Some Comparative Aspects of Irish Law 92-94 (1957).
14 See Wilson, Robert R., “The Commonwealth As Symbol and As Instrument,” 53 A.J.I.L. 392, 393 (1959)Google Scholar.
15 Text of Final Communiqué, 6 Commonwealth Survey 450, 452 (1960).
16 New York Times, Aug. 31, 1960, p. 3. For a fuller statement of the Prime Minister’s position, see Cape Times (Cape Town), Aug. 30, 1960, pp. 1, 7.
17 New York Times, Oct. 10, 1960, p. 4.
18 3 Journal of the Royal Commonwealth Society (New Series) 215 (1960). The Prime Minister added that “a multi-racial Commonwealth must live and work in the spirit of multi-racial ideals.” In another speech in Canada he indicated his view that the Commonwealth should adopt the majority principle for its decisions.
With the views expressed may be compared certain general statements previously made by the Prime Minister of Ghana concerning the Commonwealth: “It is the only organic worldwide association of peoples in which race, religion, nationality and culture are all transcended by a common sense of fellowship. No policies are imposed on it from above. It does not even seek unity of policy. But it provides a unique forum in which men of different culture and different approach can sit down together and see what can be done to lessen tensions and to increase the economic and social well-being of themselves and their neighbors.” Kwame Nkrumah, “African Prospect,” 37 Foreign Affairs 45-53, at 50 (1958).
For an argument that it would be better to keep the Union of South Africa in the Commonwealth and thus assist the state to work “back to Commonwealth standards,” see remarks of Zac de Beer (speaking in the name of the Progressive Party, and saying that the overwhelming majority of all South Africans desire to belong to the Common-wealth), as quoted in Journal of the Royal Commonwealth Society, number cited in par. 1 of this note, at pp. 218, 219.
19 See Sheridan, L. A., “The Changing Conception of the Commonwealth,” 1957 Year Book of World Affairs 236-256, at 255Google Scholar.
20 New York Times, Nov. 25, 1960, p. 8; The Star (Johannesburg), Nov. 25, 1960, p. 8.
21 In its advisory opinion of July 11, 1950, the International Court of Justice said, in answer to the question whether the Mandate had lapsed because the League had ceased to exist : “According to Article 7 of the Mandate, disputes between the mandatory State and another Member of the League of Nations relating to the interpretation or the application of the provisions of the Mandate, if not settled by negotiation, should be submitted to the Permanent Court of International Justice. Having regard to Article 37 of the Statute of the International Court of Justice, and Article 80, paragraph I, of the Charter, the Court is of opinion that this clause in the Mandate is still in force and that, therefore, the Union of South Africa is under an obligation to accept the compulsory jurisdiction of the Court according to those provisions.” [1950] I.C.J. Rep. 128, 138.
According to press report, the complaint mentions the limiting of the franchise to persons of European descent, segregating residential areas, depriving African children of adequate educational facilities, requiring persons to possess passes for travel beyond the confines of particular locations, and prohibiting African membership in political clubs. New York Times, Nov. 5, 1960, p. 1.
Mr. Louw, South African Minister of External Affairs, is reported to have announced that the Union will defend in the action instituted by Ethiopia and Liberia. The Star (Johannesburg), Nov. 8, 1960, p. 1.