By Thomas D. Grant
The United international locations begun as an alliance in the course of global struggle II. ultimately, even if, the UN got here to approximate a common association - i.e., open to and intending to contain all States. This offers a felony query, for Article four of the constitution includes sizeable standards to restrict admission of States to the UN and no formal modification has touched that a part of the constitution. This ebook offers an updated account of admission to the UN, from the Fifties 'logjam' via on-going controversies like Kosovo and Taiwan. on the subject of constitution legislation, the booklet considers how Article four got here to house universality and what the way forward for a common association in an international of politically varied States can be.
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Extra info for Admission to the United Nations
545 n. 1, 546, esp. Tomuschat & Thouvenin eds The Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes (2006); Slaughter A New World Order (2004); Noortmann Enforcing International Law: From Self-help to Self-contained Regimes (2005). See also Fischer-Lescano ‘Die Emergenz der Globalverfassung’ (2003) 63 ZaöVR 715; Dupuy ‘The Constitutional Dimension of the Charter of the United Nations Revisited’ (1997) 1 Max Planck Ybk UN Law 1. See essays in St John MacDonald & Johnston eds Towards World Constitutionalism, Issues in the Legal Ordering of the World Community (2005); Warbrick & Tierney eds Towards an International Legal Community?
S. ’ cf. GA res 267 (III) (‘The problem of voting in the Security Council’) 14 Apr 1949, esp. annex. The Soviet Union made clear from the start that the expression ‘procedural matters’ was to be narrowly construed: Fuller ‘Soviet Policy in the United Nations’ (1949) 263 Annals of the Am Acad of Pol & Soc’l Science 141, 144–5. Admission under the UN Charter 15 in the early years. It might have seemed uncontroversial, too, to say that, for the General Assembly to vote on an application, the ‘recommendation’ of the Security Council has to be an aﬃrmative recommendation.
See also Fischer-Lescano ‘Die Emergenz der Globalverfassung’ (2003) 63 ZaöVR 715; Dupuy ‘The Constitutional Dimension of the Charter of the United Nations Revisited’ (1997) 1 Max Planck Ybk UN Law 1. See essays in St John MacDonald & Johnston eds Towards World Constitutionalism, Issues in the Legal Ordering of the World Community (2005); Warbrick & Tierney eds Towards an International Legal Community? The Sovereignty of States and the Sovereignty of International Law (2006). Sir Humphrey Waldock forty years before already had posited that the UN Charter is a constitution as well as a treaty: Waldock (1962) 106(II) Hag Rec 20.
Admission to the United Nations by Thomas D. Grant