THE SCOPE OF THE SUPREMACY CLAUSE OF THE UNITED NATIONS CHARTER

2008 ◽  
Vol 57 (3) ◽  
pp. 583-612 ◽  
Author(s):  
Rain Liivoja
Keyword(s):  
United Nations ◽  
International Law ◽  
Present Article ◽  
International Agreement ◽  
Member States ◽  
Customary International Law ◽  
Precise Meaning ◽  
Contractual Arrangements ◽  
The United Nations ◽  
United Nations Charter

AbstractArticle 103 of the United Nations (UN) Charter stipulates that the obligations of UN Member States under the Charter prevail, in the event of a conflict, over their obligations under any other international agreement. While this important provision is often mentioned, its precise meaning remains something of a mystery. The present article tries to shed some light on the scope of this ‘supremacy clause’ by discussing, first, its operation with respect to treaties, and then by looking at its relevance to various other contractual arrangements and to customary international law.

The World Court and Jus Cogens

1987 ◽  
Vol 81 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Gordon A. Christenson
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
The United States ◽  
Customary International Law ◽  
The World ◽  
The United Nations ◽  
Jus Cogens ◽  
United Nations Charter

In the merits phase of decision in the case brought by Nicaragua against the United States, the World Court briefly mentions references by states or publicists to the concept of jus cogens. These expressions are used to buttress the Court’s conclusion that the principle prohibiting the use of force found in Article 2(4) of the United Nations Charter is also a rule of customary international law.

The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination

1985 ◽  
Vol 79 (2) ◽  
pp. 283-318 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
Or Education ◽  
International Convention ◽  
Customary International Law ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
United Nations Charter

The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as “the international community’s only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation.”

Part 2 The United Nations: What it is, 12 The United Nations and International Law

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
The Political ◽  
Member States ◽  
Customary International Law ◽  
State Practice ◽  
The United Nations

The United Nations (UN) is a subject of international law. It develops international law and is, to a certain extent, subject to international law obligations. The UN Charter is interpreted in the light of international law. Under Article 103 of the Charter, the UN can, through the Security Council, create obligations for member states that prevail over international law obligations. The political bodies of the UN are a relevant forum in which to find various sources of law, including treaties and customary international law. The UN is a forum for state practice by its members, and UN organs contribute to the development and clarification of law. This chapter discusses the development of international law by the UN; the interpretation of international law by the UN; the application of general international law to the UN; and the effect of the UN Charter on international law (Article 103).

Human Rights and Refugees (I)

1972 ◽  
Vol 12 (139) ◽  
pp. 537-546
Author(s):  
Paul Weis
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary International Law ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
The Individual ◽  
United Nations Charter

Wherever the United Nations Charter refers to promoting and encouraging respect for human rights and for fundamental freedoms, it refers to human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Within a State one distinguishes normally between nationals and aliens. But among the aliens there is a particular group—the refugees—whose position in traditional customary international law is especially precarious. This is due to the fact that in classic international law nationality is considered as the link between the individual and international law. In later editions of Oppenheim's leading textbook on International Law it is called the principal link.

Natural Justice at the United Nations:the Rhodesia Case

1973 ◽  
Vol 67 (3) ◽  
pp. 479-490 ◽  
Author(s):  
Michael Stephen
Keyword(s):  
United Nations ◽  
International Law ◽  
Natural Justice ◽  
Precise Meaning ◽  
The United Nations ◽  
Principles Of Justice ◽  
Settlement Of Disputes ◽  
United Nations Charter

It is provided by Article 1(1) of the United Nations Charter that the adjustment or settlement of disputes or situations which might lead to a breach of the peace is to be brought about in conformity with the principles of justice and international law. There is much controversy about the precise meaning of this article, but its broad intention is clear; that if the United Nations is to command respect, without which its recommendations and decisions can never be effective, its organs must not act, or give occasion to be suspected of acting, in an unfair or arbitrary manner.

scholarly journals The Legality Of Nato'S Action In The Former Republic Of Yugoslavia (Fry) Under International Law

2000 ◽  
Vol 49 (4) ◽  
pp. 910-925 ◽  
Author(s):  
Christine Chinkin
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Territorial Integrity ◽  
Political Independence ◽  
The United Nations ◽  
United Nations Charter

The use of force has been prohibited in international relations since at least the United Nations Charter, 1945. Article 2 (4) of the Charter states:All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the United Nations.

Recent Developments in United Nations Treaty Registration and Publication Practices

1982 ◽  
Vol 76 (2) ◽  
pp. 350-363 ◽  
Author(s):  
Mala Tabory
Keyword(s):  
United Nations ◽  
International Law ◽  
International Agreements ◽  
League Of Nations ◽  
Recent Developments ◽  
Publication Practices ◽  
The United Nations ◽  
United Nations Charter

The framework for the systematic registration and publication of international agreements on an intergovernmental level was set in Article 18 of the League of Nations Covenant, and later in Article 102 of the United Nations Charter. The purpose of treaty registration and publication is to give effect to the principle and policy of “open covenants”—enunciated as the first of President Wilson’s Fourteen Points—in lieu of secret diplomacy. In addition, these procedures serve to record “contemporary trends in substantive international law” for the benefit of judicial and government practitioners, scholars, and specialists in various fields.

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