General Assembly

The Republic of Austria is privileged to discuss and move forward to the international community the recurring issues of the proliferation of SALW in the Americas and the legal question of LGBT people’s status and rights. Austria will assure its greater participation through cooperation.

Résumé
La fameuse note de Hans Corell sur l’exploitation des ressources naturelles du Sahara est devenue, en l’espace de quelques années, la doxa « juridique » pour un certain nombre d’acteurs internationaux (Etats, ONG, etc.). Mais ce qui étonne le plus, c’est qu’elle a été reprise à son compte par la Cour de Justice de l’Union Européenne au prix d’un excès de pouvoir manifeste.  Pourtant, c’est un texte qui manque de substance car fait de formules péremptoires qui ne laissent pas de place à l’analyse et à l’argumentation juridique. Plus grave, il tourne le dos aux principes et règles du Droit International, en particulier ceux relatifs à la fin du statut de territoire non autonome et à la consultation des populations dans le cadre de la mise en œuvre du droit à l’autodétermination. Il tourne également le dos à l’évolution de la position des Nations Unies dans le conflit  du Sahara, conflit dont il occulte des éléments fondamentaux que le passage du temps a complexifiés.
Bien qu’elle n’ait jamais été entérinée par le Président du Conseil de Sécurité qui l’avait demandée, la note de Corell est devenue une doxa juridique dans l’affaire du Sahara par le biais de réseaux sociaux, qui font l’opinion publique: think tanks, ONG, centres d’études, lobbyistes, et un matraquage médiatique intensif et répété. Ces réseaux mettent à profit « l’ère du vide » où la pertinence d’un écrit juridique dépend moins de sa valeur intrinsèque que de la dose de matraquage dont il fait l’objet auprès de l’opinion publique.

This paper analyzes four completed missions as case studies to determine the successes and failures of peacekeeping operations. The case studies are: The United Nations Transition Assistance Group in Namibia (UNTAG) from 1989 to 1990, The United Nations Mission in Sierra Leone (UNAMSIL) from 1999 to 2005, The United Nations Assistance Mission for Rwanda (UNAMIR) from 1993 to 1996, and The United Nations Operation in Somalia II (UNOSOMII) from 1993 to 1995. The reason for selecting these four cases is that they share many similarities that provide reasonable ground for conducting a comparative analysis. In each of the cases, the main objective of the peace mission was to implement the already achieved agreement between the sides of conflict and to restore orders. This correlates with the measurements of success and failure that are the achievement of mandate‘s objectives by the end of the peacekeeping missions and recurrence of war within five years from the mission termination. In Namibia, the agreement had achieved that guaranteed Namibia‘s independence; the sides of conflict had signed the Lome Peace accord in Sierra Leone, Addis Ababa agreement had defined the settlement of the civil war in Somalia, and the Arusha Peace Accord had defined the terms of settlement between the Hutus and the Tutsis. 
The United Nations Transition Assistance Group in Namibia (UNTAG) from 1989 to 1990 is considered as a great success of the UNPKOs (Henning Melber & Christopher Saunders, 2007). Namibia, formerly known as South-West Africa, was governed by South Africa under the League of Nation‘s mandate. After the WWII, South Africa rejected the UN General

International Journal of Legal Research 5 Volume 2 | Issue 4 | ISSN-2349-8463
Assembly‘s decision to place Namibia under the trusteeship system. In 1978, Canada, France, Germany, the United Kingdom and the United States submitted a road plan to the Security Council to peacefully resolve the political unrest in Namibia. The UN Security Council resolution 435 established the UNTAG to monitor the peace process and ensure the independence of Namibia. The mission completed with a great success and Namibia joined the United Nations in 1990.

This extended essay discusses the effects of the Arab-Israeli Conflict, the creation of the State of Israel, the roll of the United Nations in this conflict, the Partition-Plan Proposal given by the General Assembly and its repercussion in the Middle East. Specifically, this paper investigates the effectiveness of the United Nations had when it took the responsibility to solve the Arab-Israeli conflict in 1947.
Moreover, the extended essay examines how the United Nations tried to solve the Arab-Israeli conflict, however, it fail by not taking into consideration the Arab perspective. Therefore, the degree of effectiveness of this international organization was extremely low. In addition, this essay examines the proposals given by this international organization, and their consequences for the Zionist movement and for the Palestinians and Arabs.
The investigation attempts to answer the question What was the degree of effectiveness of UN involvement as an international neutral organization in the Arab-Israeli conflict through the General Assembly resolution 181?
The extended essay provides information based on two different perspectives. The one that supports the Arab and Palestinians, and the other one that supports the Jewish Community. Also, the essay supports its argument with United Nations official reports from this topic. Additionally, the conclusion reached in the extended essay tried to be the most objective as possible due to the different points of view.

The ICJ’s advisory opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965, prior to Mauritian independence, is a significant development in a long-running transnational legal process. The UK’s detachment of the Chagos Archipelago from Mauritius has resulted in multiple lawsuits brought by Mauritius or by the displaced Chagossians through domestic and international courts and tribunals. The ICJ has now clarified the dispute’s international legal context, by concluding that the Chagos Archipelago’s detachment was unlawful—meaning the decolonisation of Mauritius remains incomplete. This paper situates the advisory opinion within the context of the transnational legal process of the Chagos dispute. The paper analyses the significance of the ICJ’s focus on General Assembly resolutions in reaching its conclusions, the potential of increasing multipolarity in international relations to strengthen decolonisation norms, and the relationship between the UK’s decolonisation obligations, Brexit and notions of ‘Global Britain’.

The language of values is in fashion nowadays. Global values are often employed, either as elements of a coherent theory or simply as rhetorical tools, by some of the most influential politicians of our age. However, despite all this attention to global values, the concept itself remains somewhat obscure. The various lists of values, proposed by individual politicians, scholars, NGO’s, and international organizations, differ to some extent, both in content and in character, and a clear definition of what constitutes a global value is lacking. This article aims to explore the concept of global values. It focuses on the relationship between such values and international law. The main assumption of this article is that international law has moved from an essentially value-free order of sovereign and independent States, to a more cosmopolitan order, based on universal values and common interests. Taking that assumption as its starting point, this article aims to explore how and to what extent the language of global values has encroached on the traditional, consent-based foundation of the international legal order. Before turning to this central theme, i.e., the relationship between global values and international law, this article first aims to shed some light on the concept of global values itself (Part 2). Then, the central theme will be dealt with. First, jus cogens and erga omnes will be discussed as legal techniques that might be used to give special legal protection to fundamental, value-based norms of general international law (Part 3). After that, we will look at the role of the United Nations in “translating” the language of global values into that of international law (Part 4). We will end with a brief conclusion and look into the future Part 5).

Does the 2013 United Nations (UN) Arms Trade Treaty (ATT) represent what Costa Rica's UN Ambassador called a nascent ‘Spirit of New York’ – a change in the rules of the arms control game in favor of humanitarianism and human rights? Or does it represent business as usual – the ghost of Arms Control past? We are convinced by neither the messianic claims of the ATT's most overheated boosters nor the doom-saying of its most ardent detractors. Rather we argue here that in both the ATT negotiation process and the treaty text, ‘norm entrepreneurs’ like NGOs, Middle Powers and small states have created space for global policy making based on humanitarian and human rights considerations. However, the negotiation and treaty also represent a melding of this ‘maximalist’ human security–civil society approach with UN General Assembly concerns about small arms proliferation and the ‘minimalist’ strategic and commercial interests of the major arms exporters. This hybrid pathway to the treaty's adoption offers possibilities for future global policy making on disarmament and arms control as well as other humanitarian issues.

The chambers of commerce and industry are professional
organizations that are committed to revealing the entrepreneurial
characteristics of the private sector that offer predetermined
services to their members. The legal status of these organizations
may vary depending on the countries in which they are established.
These organizations, which try to create clusters with initiatives
and incentives focused on initiative and innovation, are important
for macro and micro-economy. The fact that these organizations
revive the private sector, regardless of whether they are subject to
private or public law, is not under much research.
In the literature, studies on enterprises and

SUMARIO: I. Introducción.— II. La competencia de la Corte Internacional de Justicia en su función consultiva.— III. La consulta formulada por la Asamblea General de las Naciones Unidas. La presentación de Argentina.— IV. Reflexiones sobre las principales consideraciones en la opinión de la Corte. Posible vinculación con la Cuestión Malvinas .— V. Conclusión.

La controversia de Gibraltar tiene en las Naciones Unidas su marco internacional de referencia. Concebido como un caso de descolonización, su proceso es supervisado por la Asamblea General de la ONU (AG, en adelante), mediante una de sus Comisiones principales, la Cuarta Comisión ‘Politica Especial y de descolonización’, originalmente denominado el ‘Comité de los 24’. Esta Comisión es la que propone resoluciones y decisiones sobre el tema de Gibraltar a la Asamblea General. Normalmente el procedimiento, desde hace años, es una propuesta de Decisión de consenso presentada por el presidente de la 4ª Comisión, que luego es aprobada sin votación por la Asamblea General . Siempre por consenso (Comité 24 y AG), desde la Resolución de 1974 se ha eludido realizar votaciones.
Vamos a examinar brevemente en estas paginas, cómo la AG ha tratado la cuestión de Gibraltar, sus pronunciamientos mediante Resoluciones, Consensos y Decisiones, y la posición que en los últimos 50 años ha mantenido en sus líneas básicas respecto al “problema de Gibraltar”

Boris Krivokapic:
ON ROLE AN PERSPECTIVE OF THE UNITED NATIONS IN THE 21st CENTURY
- S u m m a r y -
The paper deals with the place and role of the United Nations in the 2st century and, in this regard, the possible directions of the UN reform. The author draws on what is happening in reality in that direction, but gives his views on possible changes, regardless of what is in this direction is currently taking part in theUN.
The paper has five parts. The first one is the introduction and in it the writer explains why when it comes to any consideration of the perspective of international law in the 2st century is not only inevitable, but in a way, the role and perspective of the United Nations is the prejudice question.
The second part is a brief review of the League of Nations, an organization which preceded the United Nations, and was in many ways a model for the establishment of the UN.
The third part is a brief analysis of the contribution of the UN to the humanity. Here the author points to several areas in which the UN achieved great results - the preservation of peace, cooperation in various other fields, decolonization, financial issues, contributing to the development of international law, etc.
In the fourth part the writer shows that in spite of the results achieved, the UN reform is inevitable. There are several reasons for this: outdated solutions defined by the UN 47 Charter, democratic deficit, bureaucratization, financial problems, a number of problems related to the work of the main organs of the United Nations (primarily the General Assembly, the Security Council, the International Court of Justice), the need for establishing new bodies, etc.
The fifth section discusses the steps taken within the UN itself in respect to possible directions of reform.
Finally, the sixth part deals with the impact of the reform of the UN development on international law and the law in general.

On 21 December 2016 the General Assembly took an unprecedented
initiative, by deciding, despite Syria’s opposition, to establish an International, Impartial and Independent Mechanism (IIIM) to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed during the civil war in Syria (resolution 71/248). This in order to facilitate and expedite
criminal proceedings in national, regional or international courts or tribunals that have or may in the future acquire jurisdiction over these crimes, in accordance with international law. At present, the creation of the Mechanism constitutes the most concrete step in the fight against impunity in Syria. Nevertheless, it raises some difficult issues concerning both its opportunity and legality. The lack of coercive powers granted to the General Assembly by the UN Charter, besides calling into question the compatibility of the Mechanisms with the Charter, represents also a major shortcoming for its effectiveness.

According to the UN Charter all the resolutions of the SC are juridical decisions and all member
states must follow this in accordance with the international norms of law. Sanctions and resolutions
are very important in maintaining the security as international legal regulation tool. As the purpose
of the all sanctions is to warn the law violation, application of these tools is lawful. Because the
sanctions make the guilty state follow the norms of law, makes positive effect for protecting peace
and security. The UN members must obey the decisions, resolutions of the SC. By this way the UN
becomes an organization which harms interests of the other states and acts in favor of the ambitious
interests of 5 permanent members. The investigations conducted demonstrate that, the main faults
of the SC are as listed below: The first, veto right of the permanent members and power coming
from this right made the organization non-democratic. Permanent members use the veto power as a
political weapon against each other. The USA is the most active user of the veto right after Russia.
After the collapse of USSR ideological contradictions between Russia and USA relations were disappeared,
but geopolitical discords increased, divergence of opinions emerged in resolution of international
problems, trade, military-political fields, disarmament, regional security, strategical stability,
relations in the UN and other subjects. Analysis of above mentioned facts reveals that there
are geopolitical contradictions among the permanent members of the SC and permanent members
will act in favor of their own interests when the SC plans to make a decision related to sanction. The
economic interests of permanent members also affect decision making. According to the UN Charter
mutual recommendations of the SC permanent members are very important for the common activity.
It is written in the 49th paragraph of the Charter: “The Members of the United Nations shall
join in affording mutual assistance in carrying out the measures decided upon by the Security
Council” (4). But not having a unanimous opinion among the permanent members and their acting
in favor of their own geopolitical interests by abusing the right of veto makes the investigation of
the matter whether to eliminate of veto or not for adjustment of regional or international conflicts
actual. The second, increase of armament, interest of selling weapons to the conflicting countries
prevents the SC to fulfill its role on adjustment of conflicts. The permanent members of the Security
Council have more weapons and they have interests in selling their weapons to conflicting states.
Therefore, it is not helpful for them to resolve conflicts quickly. The third, permanent and temporary
members of the SC are selected according to the Cold War period’s regions. Two permanent
members of the SC are the Western European states. They are Great Britain and France. Africa,
Latin America and Caribbean region don’t have permanent representatives, although the second one
is the second most dense continent. No any Muslim country has permanent membership right in the
Security Council. The fourth, there is inequality between numbers of members of the SC and GA.
The UN has 193 members. The Security Council is represented by 15 states. Five permanent members
have the veto right. Veto right restricts rights of other states. Decisions are made in the interests
of permanent members.
The General Assembly, where 193 states are represented, has no right to change the Security
Council's decisions.

Resumen El crimen de agresión fue incluido como uno de los crímenes de competencia de la Corte Penal Internacional en el Estatuto de Roma, si bien en la actualidad la Corte no ejerce aún la competencia sobre el mismo. La definición del crimen de agresión, así como el régimen de entrada en vigor y ejercicio de la competencia, fue desarrollado en la Resolución 6 adoptada en la Conferencia de Kampala en 2010 1 , mediante la cual se enmienda el Estatuto de la Corte. En este trabajo se analiza, junto con la definición del crimen, el complicado y en ocasiones enrevesado régimen de entrada en vigor y ejercicio de la competencia, que difiere según los asuntos sean remitidos por un Estado miembro o proprio motu, o por el Consejo de Seguridad. Palabras clave Crimen de agresión, Corte Penal Internacional, entrada en vigor, jurisdicción, inmunidades. Abstract The crime of aggression was included in the Rome Statute as one of the crimes under the jurisdiction of the International Criminal Court, although the Court has not yet exercised its jurisdiction over this crime. The definition of the crime of aggression, as well as the regimes to entry into force and the exercise of jurisdiction were established in Resolution 6 adopted at the Kampala Conference in 2010, which amended the Rome Statute. This paper analyzes, together with the definition of crime, the complicated and sometimes intricate regime of entry into force and exercise of jurisdiction, which differs regarding whether the cases are referred by a Member State or proprio motu, or by the Security Council.

Since the demise of the USSR in 1991, the five Central Asian republics have joined a number of international organisations, most notably the UN. However, while their membership in this organisation is often taken for granted and used by scholarship on Central Asia as an example of their “race to membership”, few studies if none have addressed not only how these state relate themselves to the organisation, but also how they behave in it and what norms they support in it. By using the theoretical lenses of the English School and by adopting a multi-method analysis based on qualitative and quantitative strategies, this paper seeks to shed light on the normative stands of these states as expressed within the General Assembly, on whether common positions and strategies exist and on what the degree of their normative convergence is. Findings reveal that all Central Asian states
favour a Westphalian world order, that among them there is high convergence on pluralist norms of international society, and that while their record of regional cooperation is poor, they tend to agree on many issues at the international level.

The ionosphere is a layer in the Earth's atmosphere where free electrons exist in sufficient numbers to affect the propagation of electromagnetic waves especially the Global Positioning System (GPS) signals. The study of the Total Electron Content (TEC) variation in the ionosphere and structures is important to ensure the reliability of radio communication systems and accuracy of space weather forecasting. This paper presents the diurnal, seasonal and geographic location effects on TEC variation over Malaysia using Precise Point Positioning (PPP) technique. Since the GPS signals are broadcasted in two widely spread L-band frequency channels namely L1 and L2 consisting of code and phase, it is possible to determine the TEC by employing differencing techniques. This study is conducted using GPS data obtained from 50 stations all over Malaysia. The results of the diurnal analysis show that the mean TEC reaches its maximum during post local noon and its minimum during early morning...

The Responsibility to Protect is the acknowledgement by the international community of States that the current modes of international law cannot solve-let alone palliate-the question of mass atrocities. The Responsibility to Protect is a strong argument in favor of opposition groups. It influences institutions of intervention, recognition and diplomacy, and prompts us to conceptualize international law under a new theory. Whether the Responsibility to Protect will be transformed into a norm of international law is a moot question. Nevertheless, the Responsibility to Protect may find its place in the toolkit of opposition groups-the perennial underdogs of international law.

As the United Nations (UN) Human Rights Council (‘the Council’) celebrates it tenth anniversary in 2016, this policy paper aims to provide an overview of the institutional issues relating to its status as a subsidiary body within the UN system. In light of its subsidiary status, the paper explores the Council’s synergies and interactions with its parent body – the General Assembly (GA) – and the UN Security Council (UNSC).

The paper addresses important questions regarding the structural positioning of the Council, its impact, and its potential for future growth within the UN system, including: What is the institutional architecture in which the Council finds itself, and how does it exert its influence to mainstream human rights within the UN system? To what extent is there overlap between the Council and other UN organs? What can be done to reduce bureaucratic overlap, and strengthen synergies, in regards to human rights work within the UN system?

This paper evaluates reconfigurable specification of the fractal tree antenna. Fractal tree antenna fed by a 50 ohms round coax from its middle. Making PIN-diodes on or off state, the characteristic of antenna changes and it results changes in the operation frequency and radiation pattern. The proposed antenna demonstrates reconfigurable frequency range from 1.51 GHz up to 8.6 GHz. Analysis of the antenna has been done by means of commercial software CST Microwave Studio to discuss the impression of different dimensional parameters by controlling the PIN diode switches on radiation pattern, directivity and operational frequency.

Many models have been proposed to represent diffraction effects on the propagation of radio waves over irregular terrain in the VHF and UHF bands. Predictions from these models have been compared with results from associated field-strength measurements available in extensive databases that also incorporate the technical parameters of thousands of VHF and UHF links. Some possible sources of the still high values of the standard deviations of errors between predictions and measurements will be identified and discussed, with particular attention to uncertainties on digital elevation models and on the effective Earth's radius, as well as to effects from lateral propagation.