On 14 August 1946, the United States qualified its acceptance of the compulsory jurisdiction of the International Court of Justice (ICJ) under Art. 36 (2) Statute of the International Court of Justice (the ‘Optional Clause’ International Court of Justice, Optional Clause) in its Declaration of Acceptance (‘1946 Declaration’) through a clause which excludes ‘disputes with regard to matters which are essentially within the domestic jurisdiction of the United States of America as determined by the United States of America’ (emphasis added). This clause is known as the Connally Reservation and was named after Senator Tom Connally of Texas who proposed the addition of the words ‘as determined by the United States of America’ to the 1946 Declaration in order to prevent any potential interference by the ICJ in domestic matters of the US (eg, immigration or regulation of tariffs and duties). The fact that the declaration leaves it to the declarant State to determine whether a dispute comes within the jurisdiction of the Court under Art. 36 (2) Statute of the ICJ distinguishes the ‘self-judging’ or ‘auto-interpretative’ Connally Reservation (Treaties, Multilateral, Reservations to) from the more common exception of domestic jurisdiction in declarations under the Optional Clause whereby a State excludes the jurisdiction of the Court with respect to matters falling within its domestic jurisdiction without reserving its exclusive right to decide which matters come within the scope of this exception (eg, a declaration of acceptance excluding disputes which, ‘by international law’, fall within the jurisdiction of the declarant State, which has been formulated by a significant number of States; Jurisdiction of States).
B. History
3 Support for this type of reservation diminished in subsequent practice. In the context of the first disputes, the respective declarations failed to produce the desired protection for the declarant State or worked actually to the disadvantage of the interests of the declarant State because they were successfully invoked by their respondents on the basis of the rule of reciprocity. In the Case concerning the Aerial Incident of 27 July 1955 (Aerial Incident Cases before International Courts and Tribunals), the US decided to discontinue its proceedings against Bulgaria after the latter relied on its right to invoke the Connally Reservation by way of reciprocity, arguing that matters relating to the defence of territory and security come within Bulgaria’s domestic jurisdiction (ICJ Pleadings 301 at 308 and 322–25; [1960] ICJ Rep 146; International Courts and Tribunals, Discontinuance of Cases). In the Norwegian Loans Case, the first case in which the Court had to deal with the domestic jurisdiction reservation in practice, Norway invoked the French reservation successfully as a respondent by way of a preliminary objection (International Courts and Tribunals, Jurisdiction and Admissibility of Inter-State Applications; Preliminary Objections). The Court decided that it lacked jurisdiction over the case without examining the lawfulness of the French reservation. Both cases made it clear that the domestic jurisdiction reservation may turn against the interests of the declarant State.
4 In the Interhandel Case, the Court failed to give effect to the Connally Reservation at the interim measures stage (Interim [Provisional] Measures of Protection). The US invoked its domestic jurisdiction in order to prevent the imposition of provisional measures requested by Switzerland. The Court, however, found that it had prima facie jurisdiction to indicate provisional measures on the basis of the acceptance of the compulsory jurisdiction of the Court by both parties.
5 The status of self-judging reservations remained disputed in the early jurisprudence of the Court. The Court did not take a clear stance on the legality of these reservations in its practice. However, several judges challenged the validity of the Connally Reservation and the corresponding French declaration in their separate or dissenting opinions in the Norwegian Loans Case (see Separate Opinion of Judge Lauterpacht 34 at 43;Dissenting Opinion of Judge Guerrero 67 at 68; Dissenting Opinion of Judge Basdevant 71 at 75) and the Interhandel Case (Separate Opinion of Judge Spender 54 at 56; Dissenting Opinion of Judge Klaestad 75 at 76; Dissenting Opinion of Judge Armand-Ugon 85 at 92; Dissenting Opinion of Judge Lauterpacht 95 at 104).
6 These factors led to a decline in self-judging reservations in the course of the 1950s and the 1960s. Several States (France, India, Pakistan, South Africa, and the UK) repealed or amended their declarations of acceptance. ‘Self-judging’ reservations became a rare exception. Only a few States (Liberia, Malawi, Mexico, Philippines, and Sudan) maintained declarations of the type of the Connally Reservation. Most States preferred to limit the jurisdiction of the Court in other ways, eg by specifying the categories of disputes which form part of their acceptance of compulsory jurisdiction. Continued >>>Here
UN Resolutions what's on my Mind? Current Communist goals:
1. Acceptance of coexistence is the only alternative to nuclear war.
2. U.S. willingness to capitulate in preference to engaging in atomic war.
3. Develop the illusion that total disarmament by the United States would be a demonstration of moral strength.
4. Permit free trade between all nations regardless of communist affiliation and regardless of whether or not items could be used for war.
5. Extension of long term loans to Russia and Soviet satellites.
6. Provide American aid to all nations regardless of Communist domination.
7. Grant recognition to Red China admission to United Nations.
8. Set up East and West Germany as separate States in spite of Khrushchev's promise in 1955 to settle the German question by free election under the supervision of United Nations.
9. Prolong the conferences to ban atomic tests because United States has agreed to suspend tests as long as negotiations are in progress.
10 Allow all Soviet Satellites individual representation in the United Nations.
11 Promote the United Nations as the only hope for mankind. If its charter is rewritten demand that it be set up as a "one world government" with its own independent armed forces. (Some Communists Leaders believe that the whole world can be taken over as easily by the United Nations as by Moscow. Sometimes these two centers compete with each other as they are doing in the Congo.
12. Resist any attempt to outlaw the Communist Party.
13. Do away with all loyal oaths.
14. Continue giving Russia access to the United States Patent Office.
15. Capture one or both of the political parties in the United States.
16. Use technical decisions of the courts to weaken basic American institutions by claiming their activities violates civil rights.
17. Get control of the schools. Use them as transmission belts for socialism and current socialist propaganda. Soften the curriculum and get control of teachers associations. Put the Party line in text books.
18. Gain control of all student newspapers.
19. Use students riots to ferment public protests against programs or organizations that are against communist attacks..
20. Infiltrate the press. Get control of book review assignments, editorial writing, policymaking positions.
21. Gain control of key positions in radio, television and motion pictures.
22. Continue discrediting American culture by degrading all forms of artistic expression. An American Communist cell was told to "eliminate all good sculpture from parks and buildings and substitute shapeless, awkward and meaningless forms.
23. Control art critics and directors of art museums. Our plan is to promote ugly, meaningless, repulsive art.
24. Eliminate all laws governing obscenity byr calling them "censorship" and violation of free speech and free press.
25: Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictires, radio and TV.
26. Present homosexuality, degeneracy and promiscuity as "normal, natural and healthy.".
27. Infiltrate the churches and replace revealed religion with social religion.
Discredit the Bible and emphasize the need for intellectual maturity which does not need a religious crutch.
28. Eliminate prayer or any phrase of religious expressions in the schools or on the grounds that it violates the principle of separation of church and state.
29. Discredit the American Constitution by calling it old fashion, inadequate...out of step with modern needs and a hindrance to cooperation with all nations on a world wide basis.
30. Discredit the American Fathers. Present them as selfish aristocrats who had no concern for the common man.
31. Belittle all forms of American culture and discourage teaching of American History on the grounds that it was only a minor part of the big picture. Give more emphasis to Russian History since the Communists took over.
32. support any social movement to give centralized control over any part of the culture,education, social agencies, welfare programs, mental health clinics, etc,.
33. Eliminate all laws which interfere with the Communist apparatus.
34. Eliminate the House Committee on un American activities.
35. Discredit and eventually dismantle the Federal Bureau Investigation.
36. Infiltrate and gain control of more unions.
37. Infiltrate and gain control of Big Businesses.
38. Transfer some of the powers from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand or treat.
39. Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communists goals.
40. Discredit the family as an institution. Encourage promiscuity and easy divorce.
41. Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks, and retarding of children to suppressive influence of parents.
42. Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special interest groups should rise up and use united force to solve economic, political and social problems.
43. Overthrow all Colonial Governments before native populations are ready for self government.
44. Internationalize the Panama Canal (President Carter did this. I think it was 1982)
45. Repeal the Connally Reservation so United States can not prevent the World Court from seizing jurisdiction over nations and individuals.
WHAT THE UNITED STATES WOULD GAIN By REPEAL
more>>>Here
Pearl Leona Sturgis:
I looked on google for this Connally Reservations and no results but I went to my trusty Collier's of 50s and found him.. The very most important resolution UN wants to conquer from US will be to repeal the Connally Reservation. On page 597 Collier's says Connally was a political leader in Council of Foreign Relations and fought against President Roosevelt's agreement to give UN sovereignty over US by going to World Court.. Thomas Terry Connolly was chairman of the Texas Delegation in 1936. he violently opposed "the court packing" bill and rose to seniority in foreign affairs in 1945. Additional Copies of this resolution tract is available at Washington Observer, P.O. Box 1306, Torrance, California 90505
No comments:
Post a Comment