Practice question
Assume a valid Council decision under Article 41 requires every UN member to halt specified exports to State X. A member's bilateral treaty requires those same exports, so the two obligations cannot be performed together. The member invokes the trade treaty as its sole reason to continue the exports. Which conclusion is best?
- The bilateral treaty always prevails because trade is involved.
- The Council decision binds only State X.
- The member must give priority to its applicable Charter obligation under Articles 25 and 103.
- The member's treaty partner may nullify the Council decision unilaterally.
- Both treaties and the Charter cease to apply.
Legal references
- UN Charter, Articles 25, 41 and 103, https://legal.un.org/repertory/art25.shtml ; https://legal.un.org/repertory/art41.shtml ; https://legal.un.org/repertory/art103.shtml
- ICJ, Namibia Advisory Opinion, 21 June 1971, official UN account, https://legal.un.org/unjuridicalyearbook/pdfs/english/by_volume/1971/chpVII.pdf
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