scholarly journals What’s in a Name? The International Rule of Law and the United Nations Charter

2018 ◽  
Vol 17 (3) ◽  
pp. 761-797 ◽  
Author(s):  
Bardo Fassbender
2013 ◽  
Vol 26 (4) ◽  
pp. 875-907 ◽  
Author(s):  
PHIL C. W. CHAN

AbstractGiven the centrality of law in the creation, decision-making, and impact of the United Nations Security Council, the deliberative discourses among Security Council Members, and the necessity for China to articulate its reasons publicly for its actions within the Security Council, the roles that China plays within the Security Council illuminate and clarify its approaches to the current international legal order. This article explains how law serves as a constitutional–normative framework within which the Security Council must function, followed by a discussion of how the Security Council in turn may serve as a locus of deliberative discourses that delineate, influence, and constrain its members’ state behaviours. It challenges the view that law plays a limited role on matters of international security by exploring China's voting behaviour in the Security Council and the arguments that it has proffered. It also discusses how China may respond to a draft Security Council resolution aimed at its conduct other than simply by vetoing it, and how it has taken a proactive role in the maintenance of international peace and security through the Security Council.


Author(s):  
Ardi Imseis

Abstract This article takes a critical look at the United Nations’ commitment to the international rule of law through an examination of its position on occupied Palestine post 1967. Occupation of enemy territory is meant to be temporary, and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically and forcibly altered the status of occupied Palestine, with the aim of annexing, de jure or de facto, most or all of it. While the UN has focused on the legality of Israel’s discrete violations of humanitarian and human rights law, it has paid scant attention to the legality of Israel’s occupation regime as a whole. By what rationale can it be said that Israel’s prolonged occupation of Palestine remains legal? This article argues that the occupation has become illegal for its systematic violation of at least three jus cogens norms. Although an increasing number of commentators have subscribed to this view, little attention has been paid to its relevant international legal consequences which dictate a paradigm shift away from negotiations as the condition precedent for ending the occupation, as unanimously affirmed by the international community through the UN.


1967 ◽  
Vol 8 (2) ◽  
pp. 226-239 ◽  
Author(s):  
W. J. Hudson

Relations between Australia and Indonesia became strained within months of Indonesia's attainment of independence, deteriorating as conflict developed first on the question of West Irian and then as a result of Indonesia's hostility towards Malaysia. For many years, it seemed ironical that Australia should have played a major part in the emergence of a neighbour whose external policies and internal trends endangered rather than safeguarded Australian interests. But there is more involved here than historical irony in the context of Australian-Indonesian relations. Sufficient time has now elapsed for Australian policy on the Indonesian independence question to be seen in the wider context of the whole postwar phenomenon of decolonisation. For it is not merely of interest that Australia should have assisted neighbouring Asian rebels against a European colonial Power (remembering that Australia herself was, and is, a European colonial Power) and should then have been embarrassed by the activities of the rebels coming to office. It is of greater interest that, of the immense number of colonial issues anxiously engaging the attention of international society in the 1940s and 1950s, the years which saw the virtual demise of western colonialism, this was the one issue on which Australia took up the rebel cause. Throughout this period and irrespective of the complexion of the parties in power in Canberra, Australia persistently jeopardised her regional objective of friendly relations with anti-colonial Asia by opposing strongly and, at times, bitterly the anti-colonial cause in the United Nations. If nothing else, the United Nations has provided a forum in which each year Australia and other members have been forced to declare themselves on colonial questions. And, until the 1960s when Australia switched policy, Australia fought against all the anti-colonial Powers' largely successful attempts to have developed a system of international control over colonies under the authority of Chapter XI (“Declaration Regarding Non-Self-Governing Territories”) of the United Nations charter, to tighten the trusteeship system of supervision erected under Chapters XII and XIII of the charter, and to involve the United Nations in particular disputes so as to meet alleged threats to peace — all of them being attempts, however indirectly, to hasten the attainment of independence by dependent territories. Thus, Australia supported South Africa on South-West Africa, the Netherlands on West New Guinea, the British on Southern Rhodesia and Oman, the Portuguese on their African territories, the French on Morocco, Tunisia and Algeria. But Australia opposed the Netherlands on the Indonesian question.


1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.


ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.


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