The Law and Practice of the United Nations 5th Edition

International Law

The Law and Practice of the United Nations 5th Edition

Edited by Benedetto Conforti · Carlo Focarelli
Brill Academic Publishers August 2016

Specifications

ISBN-13
9789004318526
Publisher
Brill Academic Publishers
Publication
August 2016
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War.

Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security.

In addition, this important new edition explores such areas as general and smart sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality.

Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice.

Table of Contents

PREFACE
PREFACE TO THE PREVIOUS EDITIONS
ABBREVIATIONS
GENERAL BIBLIOGRAPHY
INTRODUCTION
1. Origins of the United Nations Charter
A) From the Atlantic Charter to the San Francisco Conference
B) The San Francisco Conference, the entry into force of the Charter
and the United Nations membership
C) Relationship between the League of Nations and the United Nations
2. The purposes of the United Nations
3. The organs
4. The Charter as a treaty
5. Interpretation of the Charter
6. The power to interpret the Charter
7. The “rigidity” of the Charter and amendment and review procedures
8. Present trends to revise the Charter
CHAPTER 1
THE MEMBERSHIP
Section I
Acquisition of Membership Status
9. Admission
10. Admission requirements
11. Admission of mini-States
12. Admission of neutralized States
13. The so-called conditional admission and the non-existence of “positive”
obligations of the UN organs
14. Readmission
Section II
Modifications in Membership Status
15. Suspension
16. Expulsion
17. Withdrawal
18. Effects of State succession on membership status
19. Governments created as a result of revolutions or foreign military
interventions
20. Governments in exile
21. State succession and rules on credentials
CHAPTER 2
THE ORGANS
Section I
The Security Council
22. Composition of the Council. Election of non-permanent Members
23. Voting procedure in the Council: A) The nature of the four powers’
Statement at the San Francisco Conference
24. B) The so-called veto power and the significance of abstention by
a permanent Member
25. C) Absence of a permanent Member
26. D) The problem of the double veto
27. E) Abstention from voting by a Member party to a dispute
28. F) Approval by “consensus”
29. Participation in Security Council meetings of States which are not
members of the organ
Section II
The General Assembly
30. Composition of the Assembly. Subsidiary organs
31. Voting procedure in the Assembly: A) The “present and voting” majority
32. B) Simple majority and qualified majority
33. C) Approval by “consensus”
Section III
The Secretariat
34. Appointment of the Secretary-General
35. Secretariat staff and the legal nature of the employment relationship
36. Privileges and immunities of UN officials
37. The protection of UN officials
Section IV
The Economic and Social Council and the Trusteeship Council
38. Composition and functioning of the Economic and Social Council
39. The Trusteeship Council
Section V
The International Court of Justice
40. Organization of the Court
41. Election of judges
CHAPTER 3
THE FUNCTIONS
Section I
General Limits to United Nations Functions
42. Limits ratione personae and ratione materiae
43. The United Nations and non-member States
44. The domestic jurisdiction clause (Article 2, para.
7)
45. A) The notion of domestic jurisdiction
I. The legal notion
II. The notion under Article 2, para.
7
III. Developments in the practice
46. B) The meaning of “intervene”
47. C) The significance of the exception in the last part of Article 2, para.
7
48. D) Competence to interpret Article 2, para.
7
Section II
Maintenance of the Peace: Functions of the Security Council
49. Chapters VI and VII of the Charter
50. The power to seize the Council
51. Investigation
52. The peaceful settlement function under Chapter VI. A) Objective
pre-conditions
53. B) Indication to the States of “procedures or methods” for settling
differ¬ences that may endanger the peace
54. C) Indication of “terms of settlement”
55. Action with respect to maintenance of the peace under Chapter VII.
General remarks
56. The determination of a threat to the peace, a breach of the peace, or an act of aggression
57. The measures provided for by the Charter. A) Recommendations under
Article 39
58. B) Provisional measures (Article 40)
59. C) Measures not involving the use of force (Article 41)
60. D) Measures involving the use of force (Articles 42 ff.). (a) Peacekeeping
operations
61. (b) The authorization of use of force by the States
62. (c) Administration of territories
Section III
Maintenance of the Peace: The Functions of the General Assembly
63. Discussions and recommendations on general questions
64. The peaceful settlement function
65. The problem of Assembly power regarding “action”. A) The solutions given
by the Charter
66. B) The alleged formation of customary rules
Section IV
Maintenance of the Peace: The Functions of the Secretary-General
67. Delegated functions and executive functions
68. Autonomous initiatives for peaceful settlement
Section V
Maintenance of the Peace and Regional Organizations
69. Regional actions “authorized” by the Security Council
70. Existing regional Organizations
Section VI
Economic Co-operation and Action for Development
71. Political decolonization and economic decolonization. Co-operation for
“sustainable” development
72. The organs charged with economic co-operation
73. Normative functions
74. Operational functions
75. Relations with specialized agencies
Section VII
The Protection of Human Rights
76. General aspect of United Nations action
77. Action regarding individual countries
78. Resolutions of a general nature
79. The Human Rights Covenants and the Human Rights Committee
Section VIII
Decolonization and Self-determination of Peoples
80. UN competence to decide on the independence of peoples under colonial
domination
81. The self-determination of peoples
82. Trusteeship
83. The case of Namibia
Section IX
Registration of Treaties
84. Effects of registration
85. Effects of non-registration
Section X
The Judicial Functions
86. The judicial settlement of disputes between States
87. The advisory function of the International Court of Justice
Section XI
Financing the Organization
88. Compulsory contributions of the member States
89. Voluntary contributions
90. Issuance of loans and other “alternative” funding methods
CHAPTER 4
THE ACTS
91. Recommendations to the States
92. Decisions
93. Organizational resolutions
94. Operational resolutions
95. Proposals, authorizations, delegations of powers or functions, approvals,
directives, recommendations be¬tween the organs
96. Declarations of principles
97. The UN resolutions and the rule of law: The duty of the organs to comply with
the Charter and with international law
98. The observance of rules of procedure
99. Illegality of the acts and the role of consensualism in the United Nations
system
INDEX
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