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Defensive Quarantine and the Law

Published online by Cambridge University Press:  28 March 2017

Leonaed C. Meeker
Leonaed C. Meeker*
Affiliation:
Department of State
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Extract

Law in the twentieth century, no more than modern science, can be expected to stand still, especially in the developing area of international relations.

Type
Research Article
Information
American Journal of International Law , Volume 57 , Issue 3 , July 1963 , pp. 515 - 524
Copyright
Copyright © American Society of International Law 1963

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References

1 62 Stat. 1681; T.I.A.S., No. 1838; 43 A.J.I.L. Supp. 53 (1949).

2 See 43 Dept, of State Bulletin 407 (1960); see also 56 A.J.I.L. 470 (1962).

3 46 Dept, of State Bulletin 278 (1962); 56 A.J.LL. 604 (1962).

4 See 46 Dept, of State Bulletin 267-283 (1962); 56 A.J.I.L. 606-613 (1962).

5 See 47 Dept, of State Bulletin 598-600 (1962).

6 Ibid 720.

7 Proclamation 3504 (effective Oct. 24, 1962), 27 Fed. Beg. 10401; 47 Dept, of State Bulletin 717 (1962); 57 A.J.I.L. 512 (1963).

8 Reprinted in 39 A.J.I.L. Supp. 190 (1945).

9 47 Dept. of State Bulletin 723 (1962).

10 12 ibid 339 (1945); 39 A.J.I.L. Supp. 108 (1945).

11 12 1T.N.C.I.0. Docs. 680.

12 U. N. Doc. A/1481; 45 A.J.I.L. Supp. 1 (1951).

13 See U. N. Security Council, Official Records, 893rd Meeting, pp. 2 ff. (Sept. 8, 1960).

14 In the exercise of its powers under Arts. 10 and 11, the General Assembly has in the past recommended the use of armed force. These actions were taken despite the'contention made long ago that such measures constituted “action” which could be taken only by the Security Council. Since the Assembly's powers are only recommendatory in the field of peace and security, the exercise of these powers by the Assembly could not be considered either “preventive” or “enforcement” action.

15 [1962] I.C.J. Eep. 151; digested in 56 A.J.I.L. 1053 (1962).

16 Specifically, the Court stated:

“ The word ‘ action ’ must mean such action as is solely within the province of the Security Council. It cannot refer to recommendations which the Security Council might make, as for instance under Article 38, because the General Assembly under Article 11 has a comparable power. The ‘action’ which is solely within the province of the Security Council is that which is indicated by the title of Chapter VII of the Charter, namely ‘Action with respect to threats to the peace, breaches of the peace, and acts of aggression’. If the word ‘action’ in Article 11, paragraph 2, were interpreted to mean that the General Assembly could make recommendations only of a general character affecting peace and security in the abstract, and not in relation to specific cases, the paragraph would not have provided that the General Assembly may make recommendations on questions brought before it by States or by the Security Council. Accordingly, the last sentence of Article 11, paragraph 2, has no application where the necessary action is not enforcement action.”

17 47 Dept, of State Bulletin 715 (1962).

18 ibid. 723 ff.