138
Report of the International Law Commission on the work of its fifty-third session
• United States-Uganda (1978). In October 1978, the
United States Congress adopted legislation prohibiting
exports of goods and technology to, and all imports
from, Uganda.795 The legislation recited that “[t]he
Government of Uganda … has committed genocide
against Ugandans” and that the “United States should
take steps to dissociate itself from any foreign government which engages in the international crime of genocide”.796
• Certain Western countries-Poland and the Soviet
Union (1981). On 13 December 1981, the Polish
Government imposed martial law and subsequently
suppressed demonstrations and detained many dissidents.797 The United States and other Western countries
took action against both Poland and the Soviet Union.
The measures included the suspension, with immediate
effect, of treaties providing for landing rights of Aeroflot in the United States and LOT in the United States,
Great Britain, France, the Netherlands, Switzerland
and Austria.798 The suspension procedures provided
for in the respective treaties were disregarded.799
• Collective measures against Argentina (1982). In
April 1982, when Argentina took control over part of the
Falkland Islands (Malvinas), the Security Council called
for an immediate withdrawal.800 Following a request by
the United Kingdom, European Community members,
Australia, Canada and New Zealand adopted trade sanctions. These included a temporary prohibition on all imports of Argentine products, which ran contrary to article XI:1 and possibly article III of the General Agreement on Tariffs and Trade. It was disputed whether the
measures could be justified under the national security
exception provided for in article XXI (b) (iii) of the
Agreement.801 The embargo adopted by the European
countries also constituted a suspension of Argentina’s
rights under two sectoral agreements on trade in textiles and trade in mutton and lamb,802 for which security exceptions of the Agreement did not apply.
795 Uganda Embargo Act, Public Law 95-435 of 10 October 1978,
United States Statutes at Large 1978, vol. 92, part 1 (Washington,
D.C., United States Government Printing Office, 1980), pp. 1051–
1053.
796 Ibid., sects. 5(a) and (b).
797 RGDIP, vol. 86 (1982), pp. 603–604.
798 Ibid., p. 606.
799 See, e.g., article 15 of the Air Transport Agreement between the
Government of the United States of America and the Government of
the Polish People’s Republic of 1972 (United States Treaties and Other
International Agreements, vol. 23, part 4 (1972), p. 4269); and article
17 of the United States-Union of Soviet Socialist Republics Civil Air
Transport Agreement of 1966, ILM, vol. 6, No. 1 (January 1967), p. 82
and vol. 7, No. 3 (May 1968), p. 571.
800 Security Council resolution 502 (1982) of 3 April 1982.
801 Western States’ reliance on this provision was disputed by other
GATT members; cf. communiqué of Western countries, GATT document L. 5319/Rev.1 and the statements by Spain and Brazil, GATT
document C/M/157, pp. 5–6. For an analysis, see M. J. Hahn,
Die einseitige Aussetzung von GATT-Verpflichtungen als Repressalie (Unilateral Suspension of GATT Obligations as Reprisal (English
summary)) (Berlin, Springer, 1996), pp. 328–334.
802 The treaties are reproduced in Official Journal of the European
Communities, No. L 298 of 26 November 1979, p. 2; and No. L 275 of
18 October 1980, p. 14.
• United States-South Africa (1986). When in 1985,
the Government of South Africa declared a state of
emergency in large parts of the country, the Security
Council recommended the adoption of sectoral economic boycotts and the freezing of cultural and sports
relations.803 Subsequently, some countries introduced
measures which went beyond those recommended
by the Security Council. The United States Congress
adopted the Comprehensive Anti-Apartheid Act which
suspended landing rights of South African Airlines on
United States territory.804 This immediate suspension
was contrary to the terms of the 1947 United States of
America and Union of South Africa Agreement relating to air services between their respective territories805
and was justified as a measure which should encourage the Government of South Africa “to adopt reforms
leading to the establishment of a non-racial democracy”.806
• Collective measures against Iraq (1990). On 2 August 1990, Iraqi troops invaded and occupied Kuwait.
The Security Council immediately condemned the invasion. European Community member States and the
United States adopted trade embargoes and decided to
freeze Iraqi assets.807 This action was taken in direct
response to the Iraqi invasion with the consent of the
Government of Kuwait.
• Collective measures against the Federal Republic
of Yugoslavia (1998). In response to the humanitarian
crisis in Kosovo, the member States of the European
Community adopted legislation providing for the freezing of Yugoslav funds and an immediate flight ban.808
For a number of countries, such as France, Germany
and the United Kingdom, the latter measure implied
the non-performance of bilateral aviation agreements.809
Because of doubts about the legitimacy of the action,
the British Government initially was prepared to follow the one-year denunciation procedure provided for
in article 17 of its agreement with Yugoslavia. However, it later changed its position and denounced flights
with immediate effect. Justifying the measure, it stated
that “President Milosevic’s ... worsening record on human rights means that, on moral and political grounds,
he has forfeited the right of his Government to insist
upon the 12 months notice which would normally ap-
803 Security Council resolution 569 (1985) of 26 July 1985.
For further references, see Sicilianos, op. cit. (footnote 735 above),
p. 165.
804 For the text of this provision, see ILM, vol. 26, No. 1 (January
1987), p. 79 (sect. 306).
805 United Nations, Treaty Series, vol. 66, p. 239 (art. VI).
806 For the implementation order, see ILM (footnote 804 above),
p. 105.
807 See, e.g., President Bush’s Executive Orders of 2 August 1990,
reproduced in AJIL, vol. 84, No. 4 (October 1990), pp. 903–905.
808 Common positions of 7 May and 29 June 1998, Official Journal
of the European Communities, No. L 143 of 14 May 1998, p. 1 and
No. L 190 of 4 July 1998, p. 3; implemented through Council Regulations 1295/98, ibid., No. L 178 of 23 June 1998, p. 33 and 1901/98,
ibid., No. L 248 of 8 September 1998, p. 1.
809 See, e.g., United Kingdom, Treaty Series No. 10 (1960) (London,
HM Stationery Office, 1960); and Recueil des Traités et Accords de la
France, 1967, No. 69.
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