International Law — Sources — General principles of law — Principles relating to capacity — Application to com promissory clause in Mandate — Right of Members of League of Nations to bring proceedings against Mandatory — Effect on this right of cessation of membership of League.
International law — Sources — Applicability of private law principles — International tutelage — Mandates System — Inhabitants of mandated territories compared with wards in municipal law League of Nations as tutelary authority — Legal consequences of this concept — Joint and several responsibility of Members of League for fulfilment of “sacred trust” — Trust comprising legal obligations correlative with rights of inhabitants — Supervision of Mandatory by Mandator organization.
Mandated territories — Sovereignty over — Legality of unilateral exercise of Mandate without supervision by United Nations Whether such exercise amounts to annexation of mandated territory.
Mandated territories — Status of — Comparison with provisions of U.N. Charter relating to non — self — governing territories — Article 22 of Covenant of League and Article 73 of Charter — Whether Article 73 applies to mandated territories not placed under trusteeship.
Treaties — In general — Conception and function of — Application of principle of good faith — Charter of United Nations, Article 2 (2) — Effect of non-registration of treaty — Whether treaty a nullity ipso jure — Relevance of good faith — South West Africa Mandate — Effect of non-re gist rat ion of — Relevance of exercise of Mandate by South Africa for many years.
Treaties — In general — Forms of international agreements — Whether any significance attaches to use of particular term to describe agreement — Agreements arising out of unilateral acts — Whether law of treaties contains doctrine of consideration — Whether necessary to identify document or instrument embodying agreement.
Treaties — Conclusion and operation of — Registration — Reasons for requirement of — Covenant of League of Nations, Article 18 — Effects of non-registration — South West Africa Mandate — Date of entry into force of Mandate — Whether requirement of registration applied to treaties to which League was a Party — Whether deposit of Mandate in Declaration in archives of League constitutes registration.
Treaties — Operation of — Effect on third parties — Stipulations in favour of third parties — Provisions contained in unilateral engage-ment — Requirement that third party must accept provisions-South West Africa Mandate — Protection of third party rights by judicial proceedings under Article 7 of Mandate — Whether privity of contract a general principle of law — Stipulation in favour of third parties constituting a standing offer.
Treaties — Termination of — By operation of law — In general — Separability — Whether certain provisions of treaty can lapse while others continue — South West Africa Mandate — Continuance of Mandate as institution — Whether compromissory clause (Article 7) also continues — Whether clause became inoperable on dissolution of League of Nations.
Treaties — Interpretation of — Principles and rules of interpretation — Natural and ordinary meaning of words — Whether relied on in preference to spirit, purpose and context of provision.
Treaties — Interpretation of — Principles and rules of interpretation — Principle of eftectiveness — Presumed intention of parties-Limits upon application of principle — South West Africa Mandate.
Treaties — Interpretation of — Consideration of preparatory work — When appropriate — Ambiguous provision — Compromissory clause of Mandate for South West Africa.
International organization — In general — Treaty-making capacity — League of Nations — Whether League or League Council had such capacity.
International organization — In general — Dissolution of organization — Dissolution of League of Nations — Continuation of Mandates System — Agreement of all Members that Mandates should continue — Whether agreement applied to compromissory clause — Continuation of Mandate as treaty between Mandatory and Members of League — Indefinite duration of Mandate — Analogy between dissolution of League and death of guardian in municipal law — Whether any general succession to League by United Nations.
International Court of Justice — Contentious jurisdiction — Competence — Objections to jurisdiction — Extent to which Court may take into account merits when considering preliminary objections — Relevance of whether issues on merits are capable of legal determination.
International Court of Justice — Contentious jurisdiction — Competence — Article 36 of Statute — Requirement of a “dispute” — Meaning of dispute — Mandate for South West Africa, Article 7 — Requirement of a dispute which “cannot be settled by negotiation” — Meaning of — Collective negotiations in forum of international organization — Concept of parliamentary diplomacy — Whether direct negotiations with common adversary State also required — Whether individual legal right or material interest on part of applicant States required — Relevance of representational capacity of applicant States — Relevance of Article 62 of Statute — Whether States may have legal interest in observance in territory of another State of general welfare treaty provisions — Examples of I.L.O. Conventions and Minorities Treaties.
Mandated territories — Rights and duties of Administering Authority — Duty to submit to jurisdiction of International Court of Justice in disputes with other Members of League relating to interpretation or application of Mandate — Mandate for South West Africa, Article 7 — Statute of I.C.J., Article 37 — Interpretation of Article 37 — Meaning of "treaty or convention " — Intention to preserve as much as possible of jurisdiction of P.C.I.J. — Mandate as treaty or convention — Origin of Mandate as bilateral convention between Great Britain and South Africa — Convention confirmed by Council of League of Nations — Contractual and statutory character of Mandate — Relevance of acceptance of Mandate by Mandatory — Contractual nature of acceptance — Relevance of treaty — making capacity of League — Identity of parties to Mandate — Whether inclusion of Article 7 was ultra vires Council of the League — Absence of compromissory provision in Article 22 of Covenant of League — Competence of Council to "define" conditions of administration and control for each Mandate — Effect of dissolution of League upon Article 7 of Mandate — Whether frustration occurred — Effect of substitution of I.C.J. for P.C.I.J. by virtue of Article 37 of Statute — Effect of undertaking by Mandatory to continue to administer territory in accordance with obligations of Mandate — Whether obligations include obligation to accept jurisdiction of Court under Article 7 — Locus standi of applicant States — Whether Members of League "third parties" to Mandate — Duration of right of legal intervention of Members — Effect upon it of dissolution of League before expiry of Mandate — Whether reference to "Members of the League" a condition for bringing proceedings or a means of identifying certain States — Whether Members of League possess direct legal interest in fulfilment of Mandate — Existence of "dispute" between applicant States and Mandatory.
