Beschlüsse des Sicherheitsrates der Vereinten Nationen zur Südwestafrika-Frage 1971-1972Source: Archiv des Völkerrechts, 16. Bd., 1. H. (1973), pp. 76-80Published by: Mohr Siebeck GmbH & Co. KGStable URL: http://www.jstor.org/stable/40797581 .

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ment of ratification of or accession to the Protocol with the Secretary-General of the United Nations, whichever day is later.

2. For each State ratifying or acceding to the present Protocol after its entry into force in accordance with paragraph i of this article, the Protocol shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article VIII The Secretary-General of the United Nations shall inform all States which may

become Parties to the Convention: (a) of signatures to the present Protocol and of the deposit of instruments of

ratification or accession in accordance with articles IV, V and VI; (b) of the date on which the present Protocol will enter into force in accor-

dance with article VII. Article IX

The original of the present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article IV.

Beschlüsse des Sicherheitsrates der Vereinten Nationen zur Südwestafrika-Frage

1971-1972

1. Beschluß vom 20. Oktober 1971 *) The Security Council, Reaffirming the inalienable right of the people of Namibia to freedom and inde-

pendence as recognized in General Assembly resolution 15 14 (XV) of 14 December i960,

Recognizing that the United Nations has direct responsibility for Namibia following the adoption of General Assembly resolution 2145 (XXI) **), and that States should conduct any relations with or involving Namibia in a manner con- sistent with that responsibility,

Reaffirming its resolutions 264 (1969) of 20 March 1969, 276 (1970) of 30 Janu- ary 1970 and 283 (1970) of 29 July 1970 ***),

Recalling its resolution 284 (1970) of 29 July 1970 **♦*) requesting the Inter- national Court of Justice for an advisory opinion on the question:

»What are the legal consequences for States of the continuing presence of South Africa in Namibia notwithstanding Security Council resolution 276 (1970)?«,

Gravely concerned at the refusal of the Government of South Africa to comply with the resolutions of the Security Council pertaining to Namibia,

*) Resolution 301 (1971) - Abdruck nach: UN Monthly Chronicle, Bd. VIII, No. 10 (November 1971), S. 33 f. - Die Resolution ist mit 13 Stimmen bei 2 Ent- haltungen ohne Gegenstimme angenommen worden; dazu aaO S. 12 ff. - Vgl. dazu R. V. Lucius, Die verfassungs- und völkerrechtliche Entwicklung Südwestafrikas, Vereinte Nationen, 21. Jahrg., 1973, S. 88 ff.

**) Beschluß vom 27. Oktober 1966; Text: Archiv des Völkerrechts, Bd. 15 (1971/ 72), S. 224.

***) Texte: aaO S. 233, 235, 236. ****) Text: aaO S. 238.

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Sicherheitsrats-Beschlüsse zur Südwestafrika-Frage jj

Recalling its resolution 282 (1970) of 23 July 1970 on the arms embargo against the Government of South Africa and stressing the significance of that resolution with regard to the Territory of Namibia,

Recognizing the legitimacy of the movement of the people of Namibia against the illegal occupation of their Territory by the South African authorities and their right to self-determination and independence,

Taking note of the statements by the delegation of the Organization of African Unity led by the President of Mauritania, in his capacity as current Chairman of the OAU Assembly of Heads of State and Government,

Noting further, the statement by the President of the United Nations Council for Namibia,

Having heard the statements by the delegation of the Government of South Africa,

Having considered the report of the Ad Hoc Sub-Committee on Namibia (S/10330),

1. Reaffirms that the Territory of Namibia is the direct responsibility of the United Nations and that this responsibility includes the obligation to support and promote the rights of the people of Namibia in accordance with General Assembly resolution 15 14 (XV);

2. Reaffirms the national unity and territorial integrity of Namibia; 3. Condemns all moves by the Government of South Africa designed to destroy

that unity and territorial integrity, such as the establishment of Bantustans; 4. Declares that South Africa's continued illegal presence in Namibia constitutes

an internationally wrongful act and a breach of international obligations and that South Africa remains accountable to the international community for any vio- lations of its international obligations or the rights of the people of the Territory of Namibia;

5. Takes note with appreciation of the advisory opinion of the International Court of Justice of 21 June 1971 *);

6. Agrees with the Court's opinion expressed in paragraph 133 of the advisory opinion :

»(1) that, the continued presence of South Africa in Namibia being illegal, South Africa is under obligation to withdraw its administration from Namibia immedia- tely and thus put an end to its occupation of the Territory;

(2) that States Members of the United Nations are under obligation to recognize the illegality of South Africa's presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia, and to refrain from any acts and in particular any dealing with the Government of South Africa implying recognition of the legality of, or lending support or assistance to, such presence and administration;

(3) that it is incumbent upon States which are not Members of the United Nations to give assistance, within the scope of subparagraph (2) above, in the action which has been taken by the United Nations with regard to Namibia.«

7. Declares that all matters affecting the rights of the people of Namibia are of immediate concern to all Members of the United Nations and as a result the latter should take this into account in their dealings with the Government of South Africa, in particular in any dealings implying recognition of the legality of or lending support or assistance to such illegal presence and administration;

8. Calls once again on South Africa to withdraw from the Territory of Namibia;

*) Vgl. aaO S. 253 ff.

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9. Declares that any further refusal of the South African Government to withdraw from Namibia could create conditions detrimental to the maintenance of peace and security in the region;

10. Reaffirms the provisions of resolution 283 (1970), in particular paragraphs 1 to 8 and n;

11. Calls upon all States in discharge of their responsibilities towards the people of Namibia and subject to the exceptions set forth in paragraphs 122 and 125 of the advisory opinion of 21 June 1971:

(a) To abstain from entering into treaty relations with South Africa in all cases in with the Government of South Africa purports to act on behalf of or concer- ning Namibia;

(b) To abstain from invoking or applying those treaties or provisions of treaties concluded by South Africa on behalf of or concerning Namibia which involve active intergovernmental co-operation;

(c) To review their bilateral treaties with South Africa in order to ensure that they are not inconsistent with paragraphs 5 and 6 above;

(d) To abstain from sending diplomatic or special missions to South Africa that includes the Territory of Namibia in their jurisdiction;

(e) To abstain from sending consular agents to Namibia and withdraw any such agents already there;

(f) To abstain from entering into economic and other forms of relationship or dealings with South Africa on behalf of or concerning Namibia which may entrench its authority over the Territory;

12. Declares that franchises, rights, titles or contracts relating to Namibia granted to individuals or companies by South Africa after the adoption of General Assembly resolution 2145 (XXI) are not subject to protection or espousal by their States against claims of a future lawful Government of Namibia;

13. Requests the Ad Hoc Sub-Committee on Namibia to continue to carry out the tasks entrusted to it by paragraphs 14 and 15 of resolution 283 (1970) and, in particular, taking into account the need to provide for the effective protection of Namibian interests at the international level, to study appropriate measures for the fulfilment of the responsibility of the United Nations towards Namibia;

14. Requests the Ad Hoc Sub-Committee on Nambia to review all treaties and agreements which are contrary to the provisions of the present resolution in order to ascertain whether States have entered into aggreements which recognize South Africa's authority over Namibia, and to report periodically thereon;

15. Calls upon all States to support and promote the rights of the people of Na- mibia and to this end to implement fully the provisions of the present resolution;

16. Requests the Secretary-General to report periodically on the implementation of the provisions of the present resolution.

2. Beschluß vom 4. Februar 1972 *) The Security Council, Having examined further the question of Namibia, and without prejudice to

other resolutions adopted by the Security Council on this matter,

*) Resolution 309 (1972). - Abdruck nach: International Legal Materials, Vol. XI (1972), No. 2, S. 436 f. - Die Resolution ist mit 14 Stimmen ohne Gegenstimme angenommen worden.

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Sicherheitsrats-Beschlüsse zur Südwestafrika-Frage 79

Recognizing the special responsibility and obligation of the United Nations towards the people and Territory of Namibia,

Reaffirming once again the inalienable and imprescriptible right of the people of Namibia to self-determination and independence,

Reaffirming also the national unity and the territorial integrity of Namibia, 1. Invites the Secretary-General, in consultation and close co-operation with a

group of the Security Council, composed of the representatives of Argentina, Somalia and Yugoslavia, to initiate as soon as possible contacts with all parties concerned, with a view to establishing the necessary conditions so as to enable the people of Namibia, freely and with strict regard to the principles of human equality, to exercise their right to self-determination and independence, in accor- dance with the Charter of the United Nations;

2. Calls on the Government of South Africa to co-perate fully with the Secretary-General in the implementation of this resolution;

3. Requests the Secretary-General to report to the Security Council on the implementation of this resolution not later than 31 July 1972.

3. Beschluß vom 4. Februar 1972 *) The Security Council, Taking note of the statement of the President of Mauritania, in his capacity as

current Chairman of the Assembly of Haeds of State and Government of the Organisation of African Unity,

Taking note of the statement of the President of the United Nations Council for Namibia,

Gravely concerned over the present situation in Namibia and the repressive measures of the South African Government, following the strike of the African contract labourers in the country and the widespread and increasing manifesta- tions of African resistance to the illegal occupation of the Territory by the South African Government,

Convinced that the Security Council, as a matter of urgency, should find ways and means to enable the people of the Territory to achieve selfdetermination and independence,

Conscious of the need for full co-operation of all Member States, in particular the permanent members of the Security Council and the main trading partners of South Africa, for this purpose,

Recalling its previous resolutions and those of the General Assembly pertaining to Namibia,

Conscious of the special responsibilities of the United Nations towards the people and Territory of Namibia,

Mindful of its responsibility to take necessary action to secure strict compliance with the obligations entered into by States Members of the United Nations under the relevant provisions of the Charter of the United Nations,

Reaffirming the inalienable rights of the people of Namibia to self-determina- tion and independence in accordance with the General Assembly resolution 15 14 (XV) of 14 December i960 **),

Reaffirming also the national unity and territorial integrity of Namibia,

*) Resolution 310 (1972). - Abdruck nach: aaO, S. 437 f. - Die Resolution ist mit 13 Stimmen bei 2 Enthaltungen ohne Gegenstimme angenommen worden.

*vj JLext: Year Jöook ot the United JNations i960, b. 49/50.

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1. Strongly condemns the refusal of South Africa to comply with the resolutions of the General Assembly and Security Council pertaining to Namibia;

2. Reaffirms that the continued occupation of the South African Authorities in Namibia is illegal and detrimental to the interests of the people of Namibia;

3. Declares that the defiant attitude of South Africa towards the Council's decisions undermines the authority of the United Nations;

4. Strongly condemns the recent repressive measures against the African labou- rers in Namibia, and calls upon the Government of South Africa to end immedia- tely these repressive measures and to abolish any system of labour which may be in conflict with basic provisions of the Universal Declaration of Human Rights;

5. Calls upon all States whose nationals and corporations are operating in Nami- bia notwithstanding the relevant provisions of Security Council resolution 283 (1970) *), to use all available means to ensure that such nationals and corpora- tions conform in their policies of hiring Namibian workers to the basic provisions of the Universal Declaration of Human Rights;

6. Considers that the continued occupation of Namibia by the Government of South Africa in defiance of the relevant United Nations resolutions and of the Charter creates conditions detrimental to the maintenance of peace and security in the region;

7. Calls upon South Africa to withdraw immediately its police and military forces as well as its civilian personnel from the Territory of Namibia;

8. Decides that in the event of failure on the part of the Government of South Africa to comply with this resolution, the Security Council will meet immediately to determine upon effective steps or measures, in accordance with the relevant Chapters of the Charter, to secure the full and speedy implementation of this reso- lution;

9. Requests the Secretary-General to report to the Security Council on the im- plementation of this resolution not later than 31 July 1972.

Verträge der Bundesrepublik Deutschland zur Abgrenzung des Festlandsockels unter der Nordsee

vom 28. Januar 1971 **)

1. Vertrag zwischen der Bundesrepublik Deutschland und dem Königreich Dänemark

Die Bundesrepublik Deutschland und das Königreich Dänemark haben, in der Absicht, ihre Anteile am Festlandsockel unter der Nordsee, soweit nicht

bereits durch den Vertrag vom 9. Juni 1965 über die Abgrenzung des Festland- sockels der Nordsee in Küstennähe geschehen, gegeneinander abzugrenzen,

*) Text: Archiv des Völkerrechts, Bd. 15 (1971/72), S. 236 ff. Als letzte ist er- gangen die - inhaltlich unwesentliche - Resolution 319 (1972) vom 1. August 1972, United Nations S/RES/319.

**) Abdruck der drei Abkommen mit Dänemark, den Niederlanden sowie dem Vereinigten Königreich von Großbritannien und Nordirland nach: Bundesgesetz-

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