Jump to Content Jump to Main Navigation

South West Africa, Ethiopia v South Africa, Preliminary objections, judgment, ICJ GL No 46, [1962] ICJ Rep 319, ICGJ 157 (ICJ 1962), 21st December 1962, United Nations [UN]; International Court of Justice [ICJ]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 August 2020

Whether there existed a dispute between Ethiopia / Liberia and South Africa such that one party was positively opposed by the other (rather than asserting that a dispute existed with a non-party) relating to the performance of the obligations under the Mandate of 17 December 1920 for South West Africa (‘Mandate’) established by the Covenant of the League of Nations if so, what were the nature of those obligations.

Whether, since the dissolution of the League of Nations, the Mandate was no longer a treaty in force within the meaning of Article 37 of the Statute of the International Court of Justice, and whether South Africa's obligation to submit to compulsory jurisdiction had been effectively transferred to the Court before the League's dissolution.

Whether the Court had jurisdiction to hear the dispute concerning the continued existence of the Mandate and the duties and performance of South Africa as thereunder.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.