Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter).

Abstract

Sovereignty and independence — In matters of domestic jurisdiction — Charter of the United Nations, Article 2, paragraphs 1 and 7 — Action in the Congo — Whether amounting to intervention in domestic affairs of Republic of the Congo — Connection between maintenance of internal law and order and maintenance of international peace and security.

Treaties — Interpretation of — Principles and rules of interpretation — Subsequent conduct of parties — Interpretation of constituent instrument of international organization — Relevance of practice within organization — Distinction between practice of organ of organization and subsequent conduct of parties to treaty.

International organization — The United Nations — General Assembly — Competence and functions in maintenance of international peace and security — Articles 11, 12, 14 and 24 of the Charter — Meaning of “action” in Article 11 — Whether restricted to “enforcement action” — Competence of General Assembly to set up a United Nations Force — Status of UNEF — Applicability of Article 43 to UNEF.

International organization — The United Nations — General Assembly — Budgetary authority of — Article 17 of the Charter — Whether Assembly competent to deal with costs of peace — keeping operations — Relevance of Articles 11 and 43.

International organization — The United Nations — Interpretation of Charter of — “Enforcement action” under Chapter VII — Peacekeeping operations — Nature of — Whether UNEF and ONUC comprise enforcement action — Meaning of “action” in Article 11 — Whether restricted to “enforcement action”.

International Court of Justice — Advisory jurisdiction — Competence — Discretionary nature of — Circumstances in which Court may decline to give advisory opinion.

International organization — The United Nations — Interpretation of Charter of — “Expenses of the Organization” (Article 17, paragraphs 1 and 2) — Whether costs of UNEF and ONUC are such expenses — Meaning of “budget” in Article 17, paragraph 1 — Whether “expenses” limited to expenditure incurred for purposes of the United Nations — Ultra vires expenditure — Criteria for — Relevance of identity of organ taking particular action — Distinction between ultra vires act of organ and ultra vires act of Organization — Conditions for validity of act of Organization — Effect of invalidity — Principles of interpretation of Charter Ordinary meaning — Intention of parties — Whether confined to intention of original signatories — Purposes of the Organization — Effective interpretation — Travaux preparatoires — Relevance of practice — Distinction between practice of organ of Organization and subsequent conduct of parties to treaty — Relevance of practice of majority of Member States — Whether States voting against recommendatory resolution are bound to contribute financially to Its execution.