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.