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Periodical article |
| Title: | The right of the United Nations to sue in municipal courts in respect of Namibia |
| Author: | Sagay, Itse |
| Year: | 1972 |
| Periodical: | The Nigerian Law Journal |
| Volume: | 6 |
| Pages: | 130-138 |
| Language: | English |
| Geographic term: | Namibia |
| Subjects: | UN property rights legal procedure |
| Abstract: | In the view of the International Court of Justice, the termination of the mandate over S.W. Africa and the declaration of the illegality of South Africa's presence in Namibia bring on that the right to deal with any entity with respect of any matter concerning Namibia including the right of exploitation of the resources of the territory, lies solely with the U.N. Council for Namibia, Consequently whenever S.A. purports to deal with any state or company with regard to any product of Namibia, involving the transfer of title to such product, the property or title in the subject-matter remains in the U.N. as trustee for the people of Namibia. The question considered by the author is whether the U.N. can in addition to this legal ownership obtain the physical possession, in spite of not being in physical control of the territory. The most promising method for achieving the acquisition of this possession is to institute legal action in the courts of various states into which any Namibian product have been exported. Notes. |