International law, Sixth edition
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International Law MALCOLM N. SHAW
and De Strobel 87 ILR, p. 48.
240 See M. Mendelson, ‘The Diminutive States in the United Nations’, 21 ICLQ, 1972, p. 609. See also Brownlie, Principles, p. 64. 241 See e.g. the Fundamental Agreement between the Holy See and the State of Israel of 30 December 1993, 33 ILM, 1994, p. 153. 242 CERD/C/226/Add. 6 (15 February 1993). 243 See also the decision of the Philippines Supreme Court (en banc) in The Holy See v. Starbright Sales Enterprises Inc. 102 ILR, p. 163. 244 Crawford, Creation of States, p. 230. The International Committee of the Red Cross also appears on the basis of state practice, particularly its participation in international t h e s u b j e c t s o f i n t e r nat i o na l l aw 245 Insurgents and belligerents International law has recognised that such entities may in certain circum- stances, primarily dependent upon the de facto administration of specific territory, enter into valid arrangements. 245 In addition they will be bound by the rules of international law with respect to the conduct of hostilities and may in due course be recognised as governments. The traditional law is in process of modification as a result of the right to self-determination, and other legal principles such as territorial integrity, sovereign equality and non-intervention in addition to recognition will need to be taken into account. 246 National liberation movements (NLMs) The question of whether or not NLMs constitute subjects of international law and, if so, to what extent, is bound up with the development of the law relating to non-self-governing territories and the principle of self- determination. What is noticeable is not only the increasing status of NLMs during the decolonisation period, but also the fact that in many cases the international community turned to bodies other than the NLMs in controversial situations. The UN trusteeship system permitted the hearing of individual pe- titioners and this was extended to all colonial territories. In 1977, the General Assembly Fourth Committee voted to permit representatives of certain NLMs from Portugal’s African territories to participate in its work dealing with such territories. 247 The General Assembly endorsed the con- cept of observer status for liberation movements recognised by the Or- ganisation of African Unity in resolution 2918 (XVII). In resolution 3247 (XXIX), the Assembly accepted that NLMs recognised by the OAU or agreements, to be an international legal person to a limited extent: see Cassese, Interna- tional Law, pp. 133–4. 245 See Oppenheim’s International Law, p. 165; Lauterpacht, Recognition, pp. 494–5; Brownlie, Principles, p. 63, and T. C. Chen, Recognition, London, 1951. See also Cassese, International Law, pp. 124 ff.; S. C. Neff, ‘The Prerogatives of Violence – In Search of the Conceptual Foundations of Belligerents’ Rights’, 38 German YIL, 1995, p. 41, and Neff, The Rights and Duties of Neutrals, Manchester, 2000, pp. 200 ff. 246 See below, p. 251. 247 See M. N. Shaw, ‘The International Status of National Liberation Movements’, 5 Liverpool Law Review, 1983, p. 19, and R. Ranjeva, ‘Peoples and National Liberation Movements’ in International Law: Achievements and Prospects (ed. M. Bedjaoui), Paris, 1991, p. 101. See also Cassese, International Law, pp. 140 ff., and H. Wilson, International Law and the Use of Force by National Liberation Movements, Oxford, 1988. 246 i n t e r nat i o na l l aw the Arab League could participate in Assembly sessions, in conferences arranged under the auspices of the Assembly and in meetings of the UN specialised agencies and the various Assembly organs. 248 The inclusion of the regional recognition requirement was intended both to require a minimum level of effectiveness with regard to the or- ganisation concerned before UN acceptance and to exclude in practice secessionist movements. The Economic and Social Committee of the UN has also adopted a similar approach and under its procedural rules it may invite any NLM recognised by or in accordance with General Assembly resolutions to take part in relevant debates without a vote. 249 The UN Security Council also permitted the Palestine Liberation Or- ganisation (PLO) to participate in its debates with the same rights of Download 7.77 Mb. Do'stlaringiz bilan baham: |
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