Switzerland and the United Nations

1976 ◽  
Vol 30 (1) ◽  
pp. 129-152 ◽  
Author(s):  
Michael M. Gunter

Despite the approaching universality of the United Nations, Switzerland continues to be a non-member. Her traditional policy of permanent neutrality, which is theoretically incompatible with the United Nations collective security system, and an unsatisfactory experience as a member of the League of Nations largely explain this absence. Ironically enough, however, Switzerland has played in effect as active a role in the United Nations as have many actual members. Switzerland belongs to most of the specialized agencies and many of the Organization's ancillary organs. She has even involved herself in numerous peacekeeping activities. Geneva serves as the Organization's European headquarters. Thus, the Swiss freely participate in what they refer to as the “technical,” as distinguished from the “political” United Nations. The increased prestige of neutrality and neutral Austria's successful membership, approaching universality, the waning of collective security, and a desire to participate fully in international relations are encouraging a gradual reorientation towards the United Nations which may some day lead to formal Swiss membership.

Author(s):  
Giovanni Distefano

This chapter examines the provisions of the Charter of the United Nations (UN Charter) concerning the comprehensive ban on the use of force in international relations between states. It provides a legal definition of aggression and self-defence and addresses some unanswered questions concerning some of the alleged exceptions to the comprehensive ban on the use of force. It shows that the obligation not to resort to threat or use of force is not subordinated to the actual functioning of the UN collective security system and highlights the UN Charter’s establishment of substantive and institutional framework for making the prohibition on the use and threat of force between states a truly attainable goal.


2020 ◽  
Vol 22 (3-4) ◽  
pp. 310-330
Author(s):  
Nigel D. White

Abstract The “Covenant” embodied the idea of a contract for peace in 1919. The “Charter” of 1945 appeared more boldly to embody a world constitution for peace. This article analyses the United Nations and its predecessor organisation, the League of Nations, to demonstrate how each organisation was primarily a product of the conflict that preceded it and how each captured the post-war status quo. Despite this shared backward-looking aspect, both treaties were sufficiently broad to accommodate significant constitutional developments with the potential to shape the collective security systems to meet changing geopolitical conditions. Members of the League failed to seize this opportunity but the promise of an improved collective security system, moreover one based on fundamental laws, offered by the drafters of the Charter, is found to be problematic. The transference of competence from member states to organisation that marked the transition from League to UN, which, when combined with the legalisation of hierarchy by the Charter, have meant that the UN order, despite appearing to be more obviously constitutionalised, was potentially less able to achieve peace through law than its predecessor.


1950 ◽  
Vol 4 (3) ◽  
pp. 400-411 ◽  
Author(s):  
Lincoln Palmer Bloomfield

The United Nations at the time of this writing has emerged from a period of uncertainty engendered by the Soviet boycotts beginning in January 1950, into blazing prominence as a fast-acting agency for suppressing armed aggression. Many of the questions raised during the first four years of its existence concerning its vitality and effectiveness as the center of a collective security system have now been dramatically answered. Its forms have altered with experience, and by analogy to our Constitution, its action in response to the armed invasion of the Republic of Korea constitutes a precedent which may rank with Chief Justice Marshall's most momentous decisions. Whatever new directions the organization and its Charter may take in response to the dynamics of the world society they represent, it is indisputable that this new parlimentary form of conducting international affairs has conclusively proved its worth and its indispensability to the future of the international community.


1948 ◽  
Vol 42 (4) ◽  
pp. 783-796 ◽  
Author(s):  
Hans Kelsen

Collective security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. What does collective security mean? Under general international law the principle of self-help prevails. The protection of the legal interests of the states against violations on the part of other states is left to the individual state whose right has been violated. General international law authorizes the state, i.e., the individual member of the international community, to resort, in case of a violation of its rights, to reprisals or war against that state which is responsible for the violation. Reprisals and war are enforcement actions. Insofar as they are reactions against violations of the law, and authorized by it, they have the character of sanctions. We speak of collective security when the protection of the rights of the states, the reaction against the violation of the law, assumes the character of a collective enforcement action.


2018 ◽  
Author(s):  
Shibusawa Masahide

“This book offers an account of the life of Shibusawa Eiichi, who may be considered the first ‘internationalist’ in modern Japan, written by his great grandson Masahide and published in 1970 under the title, Taiheiyo ni kakeru hashi (Building Bridges Over the Pacific). Japan had a tortuous relationship with internationalism between 1840, when Shibusawa was born, and 1931, the year the nation invaded Manchuria and when he passed away. The key to understanding Shibusawa’s thoughts against the background of this history, the author shows, lies in the concept of ‘people’s diplomacy,’ namely an approach to international relations through non-governmental connections. Such connections entail more transnational than international relations. In that sense, Shibusawa was more a transnationalist than an internationalist thinker. Internationalism presupposes the prior existence of sovereign states among which they cooperate to establish a peaceful order. The best examples are the League of Nations and the United Nations. Transnationalism, in contrast, goes beyond the framework of sovereign nations and promotes connections among individuals and non-governmental organizations. It could be called “globalism” in the sense that transnationalism aims at building bridges across the globe apart from independent nation-states. In that sense Shibusawa was a pioneering globalist. It was only in the 1990s that expressions like globalism and globalization came to be widely used. This was more than sixty years after Shibusawa Eiichi’s death, which suggests how pioneering his thoughts were.” [Akira Iriye]


1950 ◽  
Vol 4 (2) ◽  
pp. 236-246
Author(s):  
Charles Chaumont

The security provisions of the contemporary system of international organization are based upon the principle of collective security. As it was originally stated in Article 16 of the Covenant of the League of Nations, “should any Member of the League resort to war in disregard of its covenants…it shall ipso facto be deemed to have committed an act of war against all other Members of the League.” On this principle of solidarity are equally founded the concepts of collective security included within the Charter of the United Nations.


2010 ◽  
Vol 62 (2) ◽  
pp. 239-275
Author(s):  
Dusko Dimitrijevic

The analysis of the cases concerning international territorial administration involves the results of research of taking over administration over the strategically and internationally important areas in the periods after World War I and II, respectively. All analysed cases among which are the mandates of the League of Nations, non-selfgoverning, strategic and trust territories or generally speaking, 'internationalised territories' in the system of United Nations indicate that international administration of territory is established by the division of power by two or more states in an area or by the transfer of administrative authorities to an international body or the international organisation. As a rule, they are established because the political and social conditions are not fully created as well as because of the unequal power of international legal subjects. The transformation of international territorial administration in the contemporary period results from the transformation of the United Nations collective security system. In critical situations it can serve to achieve political legitimacy and legal and economic subjectivity of the territory.


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