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162 THE LEGAL STATUS OF THE ARABIAN GULF STATES
the Organization acts as a qualification for membership.1 In its
decision of 1948, the International Court of Justice affirmed the
principle that a State applying for membership cannot demand to be
admitted to the United Nations by right, even if it has all the qualifica
tions mentioned in paragraph 1, Article 4, since this is a matter which
exclusively rests within the discretion of the Organisation itself.2
Accordingly, it was held that even if such qualifications, as required by
the Article in question do exist,
... the candidate cannot himself judge whether the conditions are fulfilled
in conformity with Article 4. This is the task of the Organisation, which
may, or may not, accept the proposal by a judgment which it alone can
render. . . .[The question is] therefore ... not... of right but simply of
interest . . .3
The conclusion of the Court on the question of the interpretation of
Article 4 was that
. . . these conditions constitute an exhaustive enumeration and are not
merely stated by way of guidance or example. The provision would lose its
significance and weight, if other conditions, unconnected with those laid
down, could be demanded. The conditions stated in paragraph 1, Article 4
must therefore be regarded not merely as the necessary conditions, but
also as the conditions which suffice.4
The General Assembly adopted, in 1951, resolution (A 506) in which
the above decision of the Court was affirmed. This resolution was to
the effect that the conditions embodied in Article 4 of the Charter
constituted the only basis upon which the decision of the Organisation
should be based.5
The Gulf States
With regard to Muscat, there seems little difficulty in saying that owing
to her independence and sovereignty, in law, she will be entitled to
membership of the Organisation.6 The independence of Muscat is now
1 Humber, P. O., ‘Admission to the United Nations’, B.Y.I.L. 24 (1947), pp. 101
ct scq. For a comparison between Article 4 of the Charter and Article 1 of the
League of Nations Covenant which declares that ‘any fully self-governing State,
Dominion or colony . . . may become member of the League’, see Green, L. C.,
‘Membership of the United Nations’, Current Legal Problems, 2 (1949), pp. 262-5.
2 I.C.J. Reports, 1948, pp. 57-63.
3 Ibid., p. 77, per Judge Azevedo.
4 Ibid., p. 62. For a fuller examination of the Court’s opinion in this case and
in the case on the Competence of the General Assembly for the Admission of a
State to the United Nations (1950), see Fitzmaurice, Sir G. Gerald, ‘The Law and
Procedure of the International Court of Justice: International Organs and Tribu
nals', B. Y.I.L., 29 (1952), pp. 22-8. 6 Oppenheim, p. 410, n. I.
• In his cable of 20 June 1964 to the Ad Hoc Committee on Oman, op. cit., pp. I-o,
the Sultan stated that ‘wc . . . have not yet thought it desirable to join the United
Nations'.