The method used in this article is the comparative one. There are many political, economic and legal differences between American, British and South African corporation law. These and other differences will emerge during the course of this article. Some will prove to be relevant, others not. This is due largely to the fact that despite the differences there are also very basic similarities between American, British and South African corporations and the role of proxies in the corporate scheme of things. One of the most important of these similarities, and one which forms the basis of this article, is the necessity to regulate proxy machinery in order to equalize the scales between management and stockholders.
In the previous paper on this subject the question of the legal effect of the Southern Rhodesia Act, 1 965, and the Order in Council authorized thereby, were examined. The second question thus formulated was whether the usurping Government could, for any purpose, be held to be the lawful government of Rhodesia. It is to this question that the present paper is devoted.
A non member has no duty to obey Security Council resolutions, and yet, if it disregards them, thereby committing no unlawful act, it is liable to have punitive measures visited upon it by the Security Council if, in the circumstances, customary law allows such punitive measures as instruments of policy or otherwise.