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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'.
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