FACULTY OF LAW

LAW OF INTERNATIONAL INSTITUTIONS

COURSEWORK

UNIT CODE: CLS 300

SUBMITTED TO: MR. GRACIEUX NZABONA

MBUZUKONGIRA

SUBMITTED BY: GORE PETER CHARLES ANDREA

ADMISSION NO: 1046740

SUBMITTED ON: 22ND NOVEMBER, 2023

 DECLARATION

I, Gore Peter Charles Andrea, declare that the work embodied in this paper is as a
result of a series of research I personally conducted on the assigned topics.
CONTEXT AND BACKGROUND

The Historical Context of the 1948 Advisory Opinion: A Post-World War

II World and the Rise of the United Nations

The 1948 advisory opinion of the International Court of Justice (ICJ) on the
Conditions of Admission of States to Membership in the United Nations
(Article 4 of Charter) emerged from a world still grappling with the aftermath of
World War II and seeking a new framework for international cooperation and
peace. The establishment of the United Nations in 1945 marked a pivotal
moment in this endeavor, offering a platform for nations to unite and prevent
future conflicts.

The question of membership in this newly formed organization was not without
its complexities. The UN Charter outlined the process for admitting new states,
requiring them to be peace-loving, accept the obligations of the Charter, and be
able and willing to carry them out (Article 4). However, the interpretation of
these criteria and the extent of member states' discretion in the admission
process remained open to debate.

The 1948 advisory opinion arose from this context, as the UN faced the
challenge of determining whether member states could impose additional
conditions on applicants beyond those explicitly stated in Article 4. This
question was particularly relevant considering the emerging Cold War tensions
and the potential for political considerations influencing membership decisions.

The ICJ's decision, upholding the principle of universality and the

exhaustiveness of the conditions in Article 4, provided crucial guidance for the
UN membership process and affirmed the organization's commitment to
inclusivity and non-discrimination. It also highlighted the ICJ's role as a
guardian of the UN Charter and a protector of international legal principles.

Role of Article 4 of the United Nations Charter in defining the process for
admitting new states to the UN Membership.

Article 4 of the UN Charter plays a fundamental role in defining the process for
admitting new states to the UN membership. It outlines the criteria that
prospective member states must meet and establishes the procedure for their
admission.

Key Provisions of Article 4

 Membership Openness

Article 4 declares that membership in the UN is open to all peace-loving states

that accept the obligations contained in the Charter and, in the judgment of the
Organization, are able and willing to carry out these obligations.1
1
“International Court of Justice.” International Organization, vol. 2, no. 3, 1948, pp. 519–22.
JSTOR, http://www.jstor.org/stable/3030342. Accessed 21 Nov. 2023.
 Admission Procedure

The admission of a new state requires a decision by the General Assembly upon
the recommendation of the Security Council. This two-step process ensures
careful consideration and consensus among UN member states.2

 Conditions for Membership

The Charter does not provide a detailed definition of "peace-loving states" or

specify the precise assessment criteria for judging a state's ability and
willingness to fulfill its obligations. However, these conditions are generally
understood to encompass a state's commitment to international peace, adherence
to the UN Charter's principles, and capacity to contribute to the organization's
goals.i

“The Security Council shall decide whether in its judgment the applicant is a
peace-loving State and is able and willing to carry out the obligations contained
in the Charter, and accordingly whether to recommend the applicant State for
membership."3

Article 4's Significance in the Admission Process

Article 4 serves as the cornerstone of the UN membership process, establishing

the fundamental principles and procedures for admitting new states. It ensures
that potential members meet certain standards of conduct and commitment to
the UN's objectives.4

The article's emphasis on peace-loving states and the ability to fulfill Charter
obligations reflects the UN's overarching goal of maintaining international
peace and security. It also highlights the collective responsibility of UN member
states in determining the suitability of new members.

LEGAL ANALYSIS OF THE QUESTION

In 1948, the International Court of Justice (ICJ) issued a landmark advisory

opinion on the Conditions of Admission of States to Membership in the United
Nations (Article 4 of Charter). This opinion addressed a crucial question that
arose from the interpretation of Article 4, which outlines the process for
admitting new states to the UN.

Specific Question Posed to the ICJ

The specific question posed to the ICJ was whether a UN member state, when
called upon to vote on the admission of a new state, could make its consent to
admission dependent on conditions not expressly provided for in Article 4. In

2
Paragraph 2 of Article 4 of the United Nations Charter
3
Rule 60 of the Provisional Rules of Procedure of the Security Council
4
link.springer.com/article/10.1007/s42423-019-00042-0
other words, could a member state subject its affirmative vote to the admission
of other states?5

Legal Arguments of Both Sides

Arguments in Favor of Conditional Admission

Proponents of conditional admission argued that Article 4 granted member

states the discretion to impose additional conditions beyond those explicitly
stated in the Charter. They maintained that this flexibility was necessary to
ensure the admission of states that truly aligned with the UN's values and
objectives.

They further argued that conditional admission could serve as a bargaining tool
to encourage states to adopt certain policies or practices in exchange for UN
membership.

Arguments Against Conditional Admission

Opponents of conditional admission contended that Article 4's conditions were

exhaustive and that member states lacked the authority to impose additional
requirements. They emphasized the principle of universality enshrined in the
Charter, which meant that membership should be open to all peace-loving states
that met the established criteria.

They argued that allowing conditional admission would open the door to
arbitrary and discriminatory practices, potentially undermining the UN's
integrity and its commitment to non-discrimination.

ICJ's Opinion and Implications

By a majority of nine votes to six, the ICJ concluded that member states could
not impose conditions on the admission of new states beyond those explicitly
stated in Article 4. The Court reasoned that the conditions set forth in Article 4
were exhaustive and that the requirement for peace-loving states to accept the
obligations of the Charter and be able and willing to carry them out constituted
a comprehensive assessment of a state's suitability for membership.

The ICJ's decision affirmed the principle of universality and upheld the notion
that the UN is open to all peace-loving states that meet the established criteria. It
underscored the importance of objectivity and impartiality in the admission
process, ensuring that the decision to admit new members is not based on
political considerations or extraneous factors beyond those specified in Article
4.

Conclusion

The 1948 advisory opinion of the ICJ on the Conditions of Admission of States
to Membership in the United Nations stands as a testament to the Court's role as
5
a guardian of the UN Charter and a protector of the principles of universality
and non-discrimination in international relations. It remains a cornerstone of
international law and continues to guide the UN membership process, ensuring
that the organization remains open to all states that meet the established criteria
and share its commitment to peace and cooperation.

EXAMINATION OF THE ICJ'S OPINION

Here is a careful review of the ICJ's majority opinion in the 1948 advisory
opinion on the Conditions of Admission of States to Membership in the United
Nations (Article 4 of Charter), including its reasoning, conclusions, and any
dissenting opinions that may have been expressed.

Majority Opinion

The ICJ's majority opinion, delivered by Judge José Philadelpho de Barros

Azevedo, began by examining the historical context of the question posed to the
Court. The Court noted that the General Assembly's request for an advisory
opinion arose from a disagreement among member states over whether they
could impose conditions on the admission of new states beyond those explicitly
stated in Article 4 of the UN Charter.

The Court then turned to the interpretation of Article 4, emphasizing that the
conditions for admission were set forth in paragraph 1 of the article and that
these conditions were exhaustive. The Court reasoned that the phrase "all other
peace-loving States" used in paragraph 1 indicated that membership was open to
all states that met the specified criteria, and that imposing additional conditions
would effectively restrict this universality.

The Court further noted that the conditions in paragraph 1 were not merely
procedural requirements but also substantive criteria for assessing a state's
suitability for membership. The Court concluded that the requirement for peace-
loving states to accept the obligations of the Charter and be able and willing to
carry them out constituted a comprehensive assessment of a state's commitment
to the UN's values and objectives.

Based on this interpretation of Article 4, the Court concluded that member states
could not impose conditions on the admission of new states beyond those
explicitly stated in the Charter. The Court reasoned that allowing conditional
admission would undermine the principle of universality and could lead to
arbitrary and discriminatory practices.

Dissenting Opinions

Six judges of the ICJ expressed dissenting opinions, arguing that the majority
opinion was too restrictive and that member states should have some discretion
to impose additional conditions on admission. The dissenting judges
emphasized the importance of political considerations in the admission process
and suggested that conditional admission could serve as a tool to promote
certain policies or practices in exchange for UN membership.

Conclusion

The ICJ's majority opinion in the 1948 advisory opinion on the Conditions of
Admission of States to Membership in the United Nations remains a landmark
decision in international law. The Court's affirmation of the principle of
universality and its rejection of conditional admission have had a lasting impact
on the UN membership process and have helped to safeguard the organization's
integrity and its commitment to non-discrimination.

COMMENT ON THE 1948 ADVISORY OPINION OF THE ICJ ON THE

CONDITIONS OF ADMISSION OF STATES TO MEMBERSHIP IN
THE UNITED NATIONS (ARTICLE 4 OF CHARTER)

Analysis of the International Court of Justice's (ICJ) interpretation of Article 4

of the UN Charter and its assessment of the exhaustiveness of the conditions for
admission set forth in the Charter:

Interpretation of Article 4

In its 1948 advisory opinion on the Conditions of Admission of States to

Membership in the United Nations (Article 4 of Charter), the ICJ provided a
comprehensive interpretation of Article 4, which outlines the process for
admitting new states to the UN. The Court's analysis focused on the following
key aspects of Article 4:

Universality:The ICJ emphasized the principle of universality enshrined in

Article 4, noting that membership was open to "all other peace-loving states"
that met the specified criteria. This interpretation affirmed the UN's
commitment to inclusivity and non-discrimination in its membership policy.

Conditions for Admission: The Court analyzed the conditions for admission
set forth in paragraph 1 of Article 4, which requires prospective member states
to be peace-loving, accept the obligations of the Charter, and be able and willing
to carry them out. The ICJ concluded that these conditions were not merely
procedural requirements but also substantive criteria for assessing a state's
suitability for membership.

Exhaustiveness of Conditions: The ICJ's central conclusion was that the

conditions for admission set forth in Article 4 were exhaustive, meaning that
member states could not impose additional conditions beyond those explicitly
stated in the Charter. This interpretation upheld the principle of legal equality
among member states and ensured that the admission process was governed by
objective criteria rather than political considerations.

Assessment of Exhaustiveness
The ICJ's assessment of the exhaustiveness of the conditions for admission was
based on several factors:

Textual Analysis: The Court examined the language of Article 4, noting that
the use of the phrase "all other peace-loving states" indicated that the conditions
were intended to be comprehensive.

Context and Purpose: The Court considered the historical context and purpose
of Article 4, recognizing that the UN was founded on the principles of
universality and non-discrimination.

Logical Implications: The Court reasoned that allowing additional conditions

would undermine the principle of universality and could lead to arbitrary and
discriminatory practices.

Conclusion

The ICJ's interpretation of Article 4 and its assessment of the exhaustiveness of

the conditions for admission have had a profound impact on the UN
membership process. The Court's affirmation of universality and its rejection of
conditional admission have helped to safeguard the organization's integrity and
its commitment to non-discrimination. The ICJ's decision remains a landmark
ruling in international law and continues to guide the UN's approach to
admitting new member states.

The International Court of Justice's (ICJ) 1948 advisory opinion on the

Conditions of Admission of States to Membership in the United Nations
(Article 4 of Charter) has had far-reaching implications for the principle of
universality and the admission process of new states to the UN.

Implications for the Principle of Universality

Upholding Universality: The ICJ's decision affirmed the principle of

universality enshrined in the UN Charter, ensuring that membership is open to
all peace-loving states that meet the established criteria. This principle
reinforces the UN's commitment to inclusivity and non-discrimination in its
membership policy.

Curbing Political Influence: By rejecting conditional admission, the ICJ

prevented member states from using the admission process to advance their own
political agendas or exclude states based on extraneous considerations. This
safeguards the objectivity and impartiality of the admission process.

Enhancing Legitimacy: By upholding universality and ensuring that the

admission process is governed by objective criteria, the ICJ has strengthened the
legitimacy of the UN as a truly representative global organization.

Implications for the Admission Process

Clarity and Predictability: The ICJ's decision has provided clarity and
predictability to the admission process, ensuring that prospective member states
have a clear understanding of the criteria they must meet. This clarity
streamlines the process and reduces the potential for disputes.

Focus on Substantive Criteria: By emphasizing the exhaustiveness of the

conditions in Article 4, the ICJ shifted the focus of the admission process from
political considerations to the assessment of a state's commitment to peace and
its ability to fulfill the obligations of the UN Charter.

Objective Assessment: The ICJ's rejection of conditional admission has

encouraged a more objective and impartial assessment of prospective member
states, ensuring that decisions are based on substantive criteria rather than
political maneuvering.

Conclusion

The ICJ's 1948 advisory opinion has played a crucial role in shaping the UN's
approach to admitting new member states. By upholding the principle of
universality and ensuring that the admission process is governed by objective
criteria, the Court has strengthened the UN's legitimacy and promoted a more
inclusive and non-discriminatory approach to global governance.

BIBLIOGRAPHY

1. "Admission of a State to the United Nations (Charter, Art. 4), Advisory

Opinion : I. C. J. Reports 1948, p. 57."

2. Conditions of Admission of a State to Membership in the United Nations

(Article 4 of the Charter) (icj-cij.org)

3. Records of the meetings of the Joint Committees appointed by the General

Assembly and the Security Council on Rules governing the admission of new
Members.
4. Report of the Security Council Committee on the admission of new Members,
1946 (Security Council Oficial Records, First Year, Second Series, Supplement
No. 4, p. 53)
5. Rules governing the admission- of new Members (Report of the Committee of
the General Assembly) (A1384,p.4,September 12th. 1947)
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