The 1947 Peace Treaties between the allied Powers and Bulgaria, Hungary and Romania, provided for commissions to hear disputes concerning the interpretation of the treaties. Each party was to appoint one member, and both were to agree on a 3rd. If they could not agree on the 3rd, the SG UN would appoint it.
In a dispute relating violation of human rights, BHR did not appoint their member.
GA asked: whether the SGUN could appoint the 3rd member when a party had failed to appoint, and if the commission consisting of those two persons could hear the dispute.
ICJ reply in negative to the first question, and it was not necessary to reply to the 2nd.
(227p) According to the natural and ordinary meaning of the terms it was intended that the appointment of both the national commissioners should precede that of the third member