the Charter" which requires that the Council's determination be made in good faith. The Council's denial of repeated requests by Rhodesia to participate in the discussions is contrary to Article 32 of the Charter which provides for participation. c. The Security Council resolution violates the Charter which provides in Article 2 (7) that the U.N. shall not intervene into the domestic jurisdiction of any state, including Rhodesia, except where a threat to peace existsno threat to the peace can be shown in the case of Rhodesia. Second, breaches by nationals of other states permits the partial suspension of United States obligations. International Law recognizes the right of a state to suspend performance of its obligations in cases where frequent infringements have occurred. The enforcement of the sanctions against Rhodesia is so ineffective and violations so numerous that the U.S. can, under International Law, rightfully suspend performance of its obligations on those goods against which the sanctions have not been enforced. For these reasons, the Byrd Amendment is a valid exercise of state power within the international community. As one of the only countries which has enacted domestic legislation to implement the U.N. Security Council resolutions, the United States is the only country attempting to live by the spirit of the U.N. resolution while. recognizing the failings and shortcomings of the use of economic sanctions. To partially suspend the sanctions' effect regarding strategic metals from Rhodesia, which are being marketed all over the world, is to assert a right established in International Law and by the U.N. itself.47 47 See note 10, and accompanying text, regarding the suspension by the U.N. Command of international agreements due to infringements on the other side. RHODESIAN CHROMIUM AND SPECIALTY STEEL: BASIC CONSIDERATIONS (FIFTH EDITION) Tool and Stainless Steel Industry Committee 1666 K STREET, N. W. WASHINGTON, D. C. 20006 RHODESIAN CHROMIUM AND SPECIALTY STEEL: BASIC CONSIDERATIONS BACKGROUND Chromium is the sine qua non of specialty steel.' It is required in almost every alloy from iron castings to tool steel. By definition, stainless steel must contain at least 10.5 percent chromium; 12 percent is the practical minimum. Unlike nickel or molybdenum, there is no substitute for chromium in stainless. Pending legislation which would reimpose the embargo on Rhodesian chromium is not only important to the specialty steel industry, but to the entire country. In its natural state, chromite ore in found in numerous metallurgical compositions. The most important of these are: Refractory grade: At least 31 percent chromic oxide and not more than 12 percent iron content. Chemical grade: At least 40 percent chromic oxide and not more than 5 percent silica content. Metallurgical grade: At least 46 percent chromic oxide, not over 8 percent silicon and at least 3-1 chromium/iron ratio. 1 Trends in Usage of Chromium: Report of the National Materials Advisory Board, May 1970, p. 3 (hereinafter cited as NMAB Report). 2 Id. See also Brantley, U.S. Dept. of Interior Bureau of Mines Bulletin 650 Mineral Facts and Problems (1970 ed.) (hereinafter cited as Bureau of Mines Bull.) 3 Legislation was reintroduced in the 94th Congress substantially identical to bills introduced in prior sessions. The new bill, H.R. 1287 et. al. would repeal the so-called "Byrd Amendment" which permits importation of strategic materials. Of these, only metallurgical grade chromite is economically suitable for steel-making applications.* Chromite must be refined before it is useful to specialty steel makers. Such refined chromium (ferrochrome) is of three basic types: High carbon ferrochrome: Generally 66-70 percent chromium and over 1 percent carbon. Low carbon ferrochrome: About 65 percent chromium but not more than 1 percent carbon. Ferrochromium silicon: 33-36 percent chromium, 45-48 percent silicon, and not more than .05 percent carbon. Of these, high and low carbon ferrochrome are the most important in the production of stainless steel. While low-carbon ferrochrome has been the traditional mainstay of the specialty steel industry, new refining techniques have enabled stainless steel makers to rely more heavily upon high carbon ferrochrome. Essentiality of Chromium Chromium is essential to a modern technological society. The government recognized this in 1939 when it designated chromium as the first mineral to be stockpiled. Since chromium is unique in its corrosion-resistant and alloying qualities, its importance for defense and industrial applications is unlikely to diminish in the foreseeable future." 6 4 Bureau of Mines Bull., 250-51. 5 Id. at 248. See note 3 supra. See also NMAB Report Note 1 supra. 7 Bureau of Mines Bull., 248-259. |