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Observance in Bulgaria, Hungary and Rumania of Human Rights and Fundamental Freedoms: Request for an Advisory Opinion on Certain Questions

Published online by Cambridge University Press:  20 April 2017

Yuen-Li Liang
Yuen-Li Liang*
Affiliation:
Division of Development and Codification of International Law, United Nations Secretariat
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American Journal of International Law , Volume 44 , Issue 1 , January 1950 , pp. 100 - 117
Copyright
Copyright © by the American Society of International Law 1950

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References

1 U.N. Doc. A/1043.

2 The proposals for new items of agenda by Bolivia and Australia were contained in U.N. Docs. A/820 and A/821, respectively.

3 In the General Committee, discussions on whether to include the items in the agenda took place at its 58th and 59th meetings, held on April 6 and 7, 1949. For proceedings, see General Assembly, 3rd Sess., Pt. II, Official Records, Summary Records of General Committee, pp. 7–39.

4 U.N. Docs. A/SR.189, 190.

5 U.N. Doc. A/AC.24/SB.34–41.

6 This was done on a draft resolution of Australia, U.N. Doc. A/AC.24/50.

7 U.N. Doc. A/AC.24/58.

8 U.N. Doc. A/AC.24/57.

9 U.N. Doc. A/AC.24/51/Corr.1.

10 U.N. Doc. A/AC.24/48/Rev.2.

11 U.N. Doc. A/AC./24/SR.41, p. 9, statement of the Chairman.

12 U.N. Doc. A/AC.24/52.

13 U.N. Doc. A/AC.24/SB.41, p. 9, statement of the Chairman.

14 U.N. Doc. A/AC.24/53.

15 U.N. Doc. A/AC.24/SB.41, p. 12.

16 U.N. Doc. A/AC.24/54.

17 U.N. Doc. A/AC.24/SE.41, pp. 10–12.

18 U.N Doc. A/AC.24/56.

19 U.N. Doc. A/AC.24/8B.41, pp. 14, 15.

20 For detailed results of the votes, see ibid., pp. 16–20.

21 U.N. Doc. A/844.

22 For detaile, see especially the remarks of the Australian representative, Mr. Makin, U.N. Doc. A/AC.24/8R.36, pp. 10–18; the U. S. representative, Mr. Cohen, ibid., pp. 19–27; and the Bolivian representative, A/AC.24/SB.34, pp. 10–19.

23 For details, see especially telegrams from the Bulgarian Government, U.N. Docs. A/832, A/AC.24/58; and from the Hungarian Government, U.N. Docs A/831, A/AC.24/57; also remarks of the Soviet representative, Mr. Malik, A/AC.24/SB.39, pp. 7–14.

24 U.N. Doc. A/SR.202, p. 3.

25 Art. 2, Peace Treaty with Bulgaria; Art. 2, par. 1, Treaty with Hungary.

26 Par. 2 of Art. 2. The Treaty with Bulgaria does not contain this provision.

27 See, for instance, the remarks of the representative of Poland, General Assembly, 2nd Sess., Pt. II, Official Records, Summary Records of the General Committee, pp. 10, 11; and remarks of the U.S.S.R. representative, ibid., p. 26.

28 Ibid., p. 15.

29 Ibid., p. 20.

30 U.N. Doc. A/SB.190, p. 9.

31 U.N. Doc. A/SB.189, p. 12.

32 General Assembly, 3rd Sess., Pt. II, Official Records, Summary Records of the General Committee, p. 19.

33 See Publications of the Permanent Court of International Justice (Leyden, 1923), Series B, Advisory Opinions, 1–10, No. 4.

34 General Assembly, 3rd Sess., Pt. II, Official Records, Summary Records of the General Committee, p. 17.

35 See General Assembly, 1st Sess., Pt. I, Official Records, 52nd plenary meeting.

36 General Assembly, 3rd Sess., Pt. II, Official Records, Summary Records of the General Committee, p. 28.

37 Ibid., p. 12. The Soviet, Czechoslovak and Ukrainian representatives took the same position.

38 Ibid., p. 16.

39 Ibid., p. 10.

40 See, for instance, remarks of the Polish representative, U.N. Doc. A/SB.159, p. 15.

41 Ibid., p. 34.

42 The texts of the notes exchanged between the United Kingdom on the one hand, and Bulgaria, Hungary, Rumania and the Soviet Union on the other, may be found in U.N. Doc. A/990. Those between the United States and the latter four governments are contained in U.N. Doc. A/985.

43 U.N. Doc. A/948.

44 For discussions in the General Committee, see U.N. Doc. A/BUR/SR.65, pp. 7–10; and the Report of the General Committee, U.N. Doc. A/989, pp. 1, 9.

45 U.N. Doc. A/SR.224, pp. 2–4.

46 U.N. Doc. A/AC.31/L.4.

47 See especially statements by the representatives of Australia, Mr. Makin, and the U.S., Mr. Cohen, U.N. Doc. A/AC.31/SB.7, pp. 3, 4 and 9.

48 The provisions on human rights of this treaty are identical with those of the Treaty with Hungary. The latter are quoted in a preceding paragraph.

49 U.N. Doc. A/AC.31/SR.12, p. 13.

50 Ibid., p. 5.

51 U.N. Doc. A/AC.31/L.1/Rev.1.

52 U.N. Doc. A/AC.31/SR.7, pp. 9–11.

53 U.N. Docs. A/AC.31/SR.9, pp. 9, 10, 12, 13; A/AC.31/SR.10, p. 7.

54 U.N Doc. A/AC.31/SR.12, p. 6.

55 U.N. Doc. A/AC.31/SR.14, p. 15.

56 U.N. Doc. A/AC.31/L.2.

57 U.N. Doc. A/AC.31/L.3.

58 The remarks of the representative of Mexico may be found in U.N. Doc. A/SR.235, p. 13; of the representative of the Dominican Republic, in A/SR.234, pp. 24, 25; the representative of Peru declared himself in favor only of question I, U.N. Doc A/SR.235, pp. 13, 14.

59 U.N. Doc. A/AC.31/SR.14, p. 17; see also A/SR.234, p. 9.

60 U.N. Doc. A/AC.31/SR.10, p. 8.

61 Ibid., p. 4.

62 Final debate on the question in the plenary meeting, U.N. Doc. A/SR.234, p. 36.

63 U.N. Doc. A/AC.31/SR.15, pp. 3–6. As to the four questions to be referred to the International Court of Justice, the votes for their adoption were as follows: question I, 45 votes to 5, with 4 abstentions; question II, 44 votes to 5, with 6 abstentions; question III, 39 votes to 6, with 8 abstentions; question IV, 39 votes to 6, with 9 abstentions.

64 U.N. Doc. A/SR.234, 235. For text of resolution, see U.N. Doc. A/1043. The operative part of the resolution, besides submitting four questions to the International Court of Justice and retaining the question on the agenda of the fifth session of the General Assembly, reads:

“The General Assembly

“1. Expresses its continuing interest in and its increased concern at the grave accusations made against Bulgaria, Hungary and Bomania,

“2. Records its opinion that the refusal of the Governments of Bulgaria, Hungary and Romania to co-operate in its efforts to examine the grave charges with regard to the observance of human rights and fundamental freedoms justifies this, concern of the General Assembly about the state of affairs prevailing in Bulgaria, Hungary and Romania in this respect.”

65 The votes for the adoption of the four questions to be referred to the International Court of Justice were as follows: question I, 47 votes to 6, with 5 abstentions; question II, 46 votes to 5, with 7 abstentions; question III, 38 votes to 6 with 14 abstentions; question IV, 37 votes to 6, with 15 abstentions.

66 Final debate in plenary meetong on draft resolution, U.N. Doc. A/SR.234, p. 37.