From the Covenant to the Charter

1973 ◽  
Vol 8 (1) ◽  
pp. 91-122
Author(s):  
R.A. Akindele

The simultaneous application of the principles of universality and regionalism to the organization of international peace and security has naturally created the political and constitutional problems of how to secure a workable and appropriate relationship between universal and regional organizations. It is a paradox of the twentieth century that while world peace like war has tended to become indivisible, international organization of security remains tied to the principle of division and imperfect coordination of responsibility between universal and regional instrumentalities.This article deals with the constitutional solutions adopted by the founders of the League of Nations and the United Nations to the problem of universal-regional relationship in international organization. Placing international constitution-making squarely within the context of the dynamic forces of international politics, the study identifies those political considerations bearing on the formulation of the constitutional relations between universal and regional organizations in both the League Covenant and the United Nations Charter. In addition, it emphasizes the important fact that the constitutional problems of international organization are inextricably related to the substantive problems of international politics.

1982 ◽  
Vol 76 (2) ◽  
pp. 350-363 ◽  
Author(s):  
Mala Tabory

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.


Worldview ◽  
1979 ◽  
Vol 22 (11) ◽  
pp. 15-21 ◽  
Author(s):  
Harold J. Berman

With the rapidly increasing interdependence of all people who inhabit the planet Earth, it has become widely accepted that the ways in which a country acts toward its own citizens may also have important consequences for citizens of other countries. More particularly, a state that systematically represses the fundamental rights of its own subjects is apt to be viewed as a potential threat to the peace and security of other states as well. This view is supported by the United Nations Charter, which expressly links the cause of human rights with the cause of world peace.


Author(s):  
Joseph M. Siracusa

‘The evolution of dimplomacy’ looks briefly at the evolution of modern diplomacy, focusing on diplomats and what they do, paying attention to the art of treaty-making. A case can be made that treaties of international peace and cooperation comprise nothing less than the diplomatic landscape of human history, from the benchmark European treaties of the Congress of Vienna (1815), Brest-Litovsk (1918), and Versailles (1919) to the milestone events such as the Covenant of the League of Nations (1919), the United Nations Charter (1948), and the North Atlantic Treaty Organization (1949).


1948 ◽  
Vol 2 (3) ◽  
pp. 469-477
Author(s):  
Donald C. Blaisdell

The articles of the United Nations Charter providing for the establishment of a Military Staff Committee and looking forward to provision for armed forces, assistance and facilities by Members introduced for many states new and perplexing problems in their relations to international organization. While it is true that military considerations are normally one of the factors influencing the formulation of the foreign policy of every state, never before has there existed one central international organization to which it was expected that all major political problems would be submitted, regardless of origin and regardless of the geographical area concerned. Coordination of military policy with political representation under these circumstances becomes, therefore, not a matter of the occasional conference at a given moment of international tension, but, instead, requires a day-to-day ìntegration in order to achieve both consistency and effectiveness.


1948 ◽  
Vol 2 (2) ◽  
pp. 268-282
Author(s):  
Lawrence S. Finkelstein

Since the United Nations Charter was agreed upon at San Francisco, with its provisions for a system of trusteeship for certain dependent territories, there has been considerable conjecture concerning the impact which this new machinery might have on “the colonial problem.” Extravagant claims have been made that this crystallization of the concept of collective responsibility was a panacea, that it could provide a suitable resolution for the forces which have for so long exercised a disturbing influence on our society. The trusteeship system has been compared both favorably and unfavorably with the League of Nations mandates system. It has been both lauded and condemned before it has had an opportunity to demonstrate what, if any, are its capacities.


1951 ◽  
Vol 45 (4) ◽  
pp. 689-707 ◽  
Author(s):  
Yuen-Li Liang

The question of recognition by an international organization of the representation of a Member State, a question recently considered by the General Assembly of the United Nations as a result of a proposal by Cuba, had previously engaged the attention of several international bodies. For instance, after the Italian conquest of Ethiopia, the Credentials Committeeof the Assembly of the League of Nations was confronted with the issue of the seating of Ethiopian representatives in the Assembly.


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.


Author(s):  
Evan J. Criddle

This chapter explores how fiduciary principles have shaped international law from colonial times to the present. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also in various subfields of international law, including the law governing U.N. missions, military occupation, the legal status and duties of states, and the role and responsibilities of diplomatic officers. In each of these contexts, the international community has affirmed that certain offices and institutions attract fiduciary duties under international law. Nonetheless, the international community has struggled to develop credible mechanisms for enforcing these fiduciary duties.


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