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Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania (Second Phase)

1950 I.C.J. Rep. 221 (July 18)

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Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania (Second Phase)

International Court of Justice

1950 I.C.J. Rep. 221 (July 18)

Facts

After World War II, the Allied Powers signed peace treaties with Bulgaria, Hungary, and Romania. These peace treaties required Bulgaria, Hungary, and Romania to secure the human rights and fundamental freedoms of all people under their national jurisdiction and provided clauses for settling disputes. The dispute-settlement clauses provided that if two parties to the treaty could not settle a dispute within two months, the dispute would be referred to a commission composed of one representative from each party and a third member selected by agreement of both parties. The treaties further stated that if the two parties failed to agree to the appointment of the third representative, either party could ask the Secretary General of the United Nations to appoint the third representative. The United States and the United Kingdom claimed that Bulgaria, Hungary, and Romania violated these peace treaties and sought to settle the dispute with a commission. The United Nations General Assembly concluded that Bulgaria, Hungary, and Romania were obligated to appoint a national representative. Bulgaria, Hungary, and Romania, however, each refused to propose a representative. The General Assembly then sought an advisory opinion from the International Court of Justice to consider whether the Secretary-General could appoint a third representative to the commission.

Rule of Law

Issue

Holding and Reasoning

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