Title: South-West Africa
Subtitle: The Case against the Union
Author: Ronald B. Ballinger
Publisher: South African Institute of Race Relations
Johannesburg, South Africa 1961
Original softcover, 14 x 21 cm, 58 pages
Very good. Handwritten note by Julius Lewin (1935-1983) on inserted sheet of paper belonging to the University of the Witwatersrand, dated 19 June 1961.
SOUTH-WEST AFRICA, THE JUDICIAL INTERPRETATION OF THE MANDATE: On November 4, 1960, the Governments of Ethiopia and Liberia, both former members of the League of Nations, filed applications requesting the International Court of Justice at the Hague, to give judgement on twelve points concerning the status, and the character of the administration of South-West Africa. The Court has now published the text of the applications, and the specific matters on which it is asked to adjudge and declare. What is being charged by the two governments is that, in every important consideration, the Union has violated the terms and the spirit of the Mandate. In summary, that is to say, the Union is accused of substantially modifying the terms of the Mandate without the consent of the United Nations, in a way inconsistent with the international status of the territory; and of failing "to promote to the utmost the material well-being and the social progress of the inhabitants of the Territory ..." (Article 2 of the Mandate). The Union, amongst other things, is specifically stated to have introduced apartheid in South-West Africa, and the Court is asked to rule that this is a violation of the Mandate. In what follows I shall seek, first, to examine briefly, the legal background to this new situation in which the Union of South Africa finds itself arraigned before the International Court of Justice; second, to outline the recent historical background to the dispute over South-West Africa at United Nations against which, finally, it may be possible to discern some of the implications of this latest, and very important development.
Part I. The Judicial Interpretation of the Mandate
Part II. The Course of the Dispute
Part III. The Road to Isolation
Appendix I. Article 22 of the League of Nations Covenant
Appendix II. The Mandate for South-West Africa
Appendix III. Extract from the Application by Ethiopia
Instituting Proceedings at the International
Court of Justice
"Facts and accompanying Allegations"
Appendix IV. Extract from the Application by Ethiopia,
November 4, 1960. The Matters on which the Court is asked To Adjudge and Declare