Competence of the General Assembly for the Admission of a State to the United Nations
Overview of the case
The above Advisory Opinion given by the Court did not lead to a settlement of the problem in the Security Council. A Member of the United Nations then proposed that the word “recommendation” in Article 4 of the Charter should be construed as not necessarily signifying a favourable recommendation. In other words, a State might be admitted by the General Assembly even in the absence of a recommendation — this being interpreted as an unfavourable recommendation — thus making it possible, it was suggested, to escape the effects of the veto. In the Advisory Opinion which it delivered on 3 March 1950, the Court pointed out that the Charter laid down two conditions for the admission of new Members : a recommendation by the Security Council and a decision by the General Assembly. If the latter body had power to decide without a recommendation by the Council, the Council would be deprived of an important function entrusted to it by the Charter. The absence of a recommendation by the Council, as the result of a veto, could not be interpreted as an unfavourable recommendation, since the Council itself had interpreted its own decision as meaning that no recommendation had been made.
This overview is provided for information only and in no way involves the responsibility of the Court.
Request for Advisory Opinion
Written proceedings
Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on February 16th and March 3rd 1950, the President, M. Basdevant, presiding
Available in:
Original Language
Orders
Advisory opinions
Summaries of Advisory Opinions and Orders
Summary of the Advisory Opinion of 3 March 1950
Available in:
English
French
Press releases
2 December 1949
Conditions of admission of a State to Membership in the United Nations (Article 4 of Charter) - Order fixing the time-limit for the filing of written statements
Available in:
English
French
6 January 1950
Conditions of Admission of a State to Membership in the United Nations (Article 4 of Charter) - The Court will hold a public hearing on 16 February 1950
Available in:
English
French
30 January 1950
Conditions of Admission of a State to Membership in the United Nations (Article 4 of Charter) - The Court will hold public hearings beginning on 16 February 1950
Available in:
English
French
13 February 1950
Conditions of Admission of a State to Membership in the United Nations (Article 4 of Charter) - Oral statements will be presented on behalf of Argentina and of France at the public hearing
Available in:
English
French
14 February 1950
Conditions of Admission of a State to Membership in the United Nations (Article 4 of Charter) - Argentina has renounced its intention of being represented at the public hearings
Available in:
English
French
28 February 1950
Conditions of Admission of a State to Membership in the United Nations (Article 4 of Charter) - The Court will give its Advisory Opinion on 3 March 1950
Available in:
English
French
2 March 1950
Competence of the General Assembly for the Admission of a State to the United Nations - Advisory Opinion of the Court of 3 March 1950
Available in:
English
French
Correspondence
