Contents: United Nations authority over Namibia • (1) The mandate was revocable • (2) The General Assembly had the power to revoke the mandate • (3) The General Assembly revoked the mandate for good cause • (4) The Council for Namibia lawfully assumed authority over the Territory • Legal obligations of nations vis-a-vis Namibia • Incorporation of international law into American law • International law applicable to foreign investment in Namibia • Rationale of the proposed Namibian Natural Resource Protection Act • Effect of the Proposed Law on American Economic Interests in Namibia • Conclusions • Appendix 1: Establishment of the United...
Contents: United Nations authority over Namibia • (1) The mandate was revocable • (2) The General Assembly had the power to revoke the mandate • (3) The General Assembly revoked the mandate for good cause • (4) The Council for Namibia lawfully assumed authority over the Territory • Legal obligations of nations vis-a-vis Namibia • Incorporation of international law into American law • International law applicable to foreign investment in Namibia • Rationale of the proposed Namibian Natural Resource Protection Act • Effect of the Proposed Law on American Economic Interests in Namibia • Conclusions • Appendix 1: Establishment of the United Nations Council for Namibia • Appendix 2: DECREE No. 1 FOR THE PROTECTION OF THE NATIONAL RESOURCES OF NAMIBIA • Appendix 3: US Companies in Namibia • Appendix 4: UNITED STATES MISSION TO THE UNITED NATIONS • Appendix 5A: PUBLICATION OF THE DECREE FOR THE PROTECTION OF THE NATURAL RESOURCES OF NAMIBIA • Appendix 5B: PROTECTION OF THE NATURAL RESOURCES OF NAMIBIA • Appendix 5C: Foreign firms 'afraid of SWA' by Richard Walker • Testimony before the Subcommittee on Africa of the Committee on Foreign Affairs, U.S. House of Representative. The testimony discusses legal issues about the Namibian Natural Resource Protection bill that is before this sub-committee. The testimony begins with a short chronology appended to the statement made on May 22, 1985 by Rep. Pat Schroeder in introducing the Namibian Natural Resource Protection bill as well as the statement by Gay McDougall to this sub-committee on Feb. 21, 1985, particularly the section entitled "The Legal History of Namibia." The testimony discusses the First World War, the League of Nations, the Mandate System, the UN General Assembly, UN Trusteeship, the International Court of Justice (ICJ), the National Party government, de facto annexation, Bantustans (homelands), representative authorities, resolution 2145 (XXI), a UN territory, illegal occupation, an Ad Hoc Committee for South West Africa, the Office of the Commissioner for Namibia, the Versailles Conference, the Security Council, the UN Charter, the UN Charter, the Vienna Convention on the Law of Treaties, Security Council resolutions 276 (1970) and 301 (1971), the World Court's Consequences Opinion, legislative and administrative authority over Namibia, the Constitution, the law of nations, American courts, Advisory Opinions, torture, Filartiga v. Pena, the Alien Tort Claims Act, the Declaration on Permanent Sovereignty over Natural Resources, the Declaration on the Granting of Independence to Colonial Countries, the International Conventions on the Elimination of all Forms of Racial Discrimination, the Suppression and Punishment of the Crime of Apartheid, the Convention on the Law of the Sea, diamonds, uranium, copper, profits, taxes, license fees, fishing, the UN Institute for Namibia, De Beers, foreign mining companies, the unauthorized exports of uranium, the UN Office of Legal Affairs, the five Western Powers, the "Contact Group" (Canada, France, the United Kingdom, the United States, and West Germany), American investors, the Administrator-General of Namibia, the Protection of Information Act, the Multi-Party Conference (MPC), Amax-Newmont, Tsumeb Corporation, Ltd., SWAPO, Export-Import Bank credit guarantees, the State Department, the Securities and Exchange Commission (SEC), and Ambassador Charles W. Yost.
