HC Deb 11 February 1953 vol 511 cc392-3
10. Mr. Swingler

asked the Secretary of State for Foreign Affairs if he will instruct the United Kingdom delegate to the United Nations to propose a resolution that the question of the proper representation of China on the Security Council be referred to the International Court for an advisory judgment.

Mr. Nutting

No, Sir.

Mr. Swingler

Would it not be helpful to have a judicial opinion about this matter? Is there not some international law governing the representation of States at U.N.O., or is it determined solely by a majority of the Member States? Although it might not be possible to accept the present Chinese Government until a Korean armistice is concluded, would it not be helpful towards that end to get the seats on the Security Council declared vacant?

Mr. Nutting

As the Minister of State informed the House the other day at Question time, it is not possible under the terms of the Charter, so we are advised. to declare the Chinese seat vacant. It is not a practicable possibility. In regard to the Question that the hon. Gentleman has on the Paper, any change in Chinese representation is a matter for the United Nations themselves and not for the International Court.

Mr. Ernest Davies

Is there not a credentials committee, and would it not be possible for that committee to take action in this matter and to decide that as the Chinese were no longer representative of a government in control of China, they were not the acceptable representatives?

Mr. Nutting

The credentials committee may not decide this matter. The final decision must rest with the United Nations and with a majority in the United Nations voting upon this subject.

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