Mandate systems based upon two principles: non-annexation & sacred trust of civilization. Taking into account the past half-century the objective of the latter is self-determination & independence of the people concerned. In this domain, as elsewhere the ‘corpus iuris gentium’ has been considerably enriched. Rights of mandatory had their base on those obligations
The UN treaty established a relation between all Members and every mandatory power, the party which disowns or does not fulfil its obligations cannot be recognized as retaining the rights which it claims to derive from the relation. Resolution 2145 determines the existence of a breach of the Mandate which SA had disavowed.
According to a general principle of IL, incorporated in VCLT, the right to terminate a treaty on account of breach must be presumed to exist in respect of all treaties, and the consent of the wrongdoer to such form of termination cannot be required.
(94) VCLT concerning termination of treaty on account of breach may be considered as a codification of CIL, in the light of these rules only a material breach (repudiation or violation of provision essential to accomplishment of object or purpose) justifies termination
The UN as successor of the League can pronounce on the conduct of the Mandatory, SA failed to submit supervision. GA in principle has recommendatory powers but in the framework of its competence can make determinations.
It would not be correct to assume that, because the General Assembly is in principle vested with recommendatory power, it is debarred from adopting, in specific cases within the framework of its competence, resolutions which make determinations or have operative design
An illegal situation cannot remain without consequence. SA being responsible has the obligation to put an end. Member states of UN are obliged to recognize the illegality and invalidity of the act and refrain from lending support and assistance and to abstain from entering into treaty relations with SA in cases on which it acted on behalf of Namibia
(126) As to States not members of the UN, although they are not bound by art 24 & 95 they have been called upon res 276 to give assistance in the action that has undertaken the UN with regard Namibia. The termination of the Mandate and the declaration of the illegality of SA presence are opposable to all states in the sense of barring erga omnes the legality of the situations which is maintained in violation or IL. In particular no State which enters into relations with SA concerning Namibia may expect the UN or its members to recognise the validity or effects of such relation. Namibia is a people which must look to the International community for assistance in its progress towards the goals for which sacred trust was instituted.