Questions Relating to the Competence of the Security Council
It has been said that international law is “more than any other law, a regulation of competencies.” 1 As such the question of competence has been a prominent one in any international organization. For example, more than one hundred questions were raised as to the competence of particular organs of the League of Nations during its life time,2 and it is not surprising that the United Nations has had to consider the same question on many occasions, especially in its early stage of existence, as it appears that it “is natural for institutions in their infancy to be faced with disputes in regard to their jurisdiction.”3 Indeed, the question of competence has been and is not only a major legal question,4 but also the most important question in the operations of the United Nations, in that all its actions emanate from either explicit or implicit recognition of its own competence. As early as 1950, a special committee of the American Society of International Law pointed out that “in many cases the Members concerned almost automatically challenged the competence of the United Nations in order to delay action or to channel the discussion away from the merits of the case. There are in consequence several hundreds of cases in which the competence of the Organization has been challenged.” 5 The prominence of questions relating to competence of the various organs of the United Nations and related agencies is also reflected in the advisory opinions given by the International Court of Justice. All but one 1 of the questions submitted to the Court for advisory opinion have touched upon the question of competence in one way or another.2
Reflections on the Indonesian Case
The tangled affairs of Indonesia, twice thrust upon the Security Council, have served as an admirable touchstone of the principles, purposes, and effectiveness of the United Nations as well as of the policies of some of its leading members. Fundamental principles of the new postwar order were at stake. The Atlantic Charter had affirmed the right of all peoples to choose the form of government under which they would live, and the collapse of empires before the Japanese onslaught led to the widespread conclusion that the old colonial system was dead. These doctrines found sober and modified expression not only in Chapter XI of the United Nations Charter, but also in the more general assertion of the principle of equal rights and self-determination of peoples and of the universal application of human rights and fundamental freedoms. The rights of dependent peoples, the validity of the doctrine of self-determination, and the possibilities for peaceful change all hovered about the Security Council chamber in the course of the debates on the two Indonesian cases.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.