UN Security Council Reform and the Right of Veto: A Constitutional Perspective
Martinus Nijhoff Publishers, 1998. gada 28. apr. - 421 lappuses
This book is a timely contribution to the present discussion of a constitutional reform of the United Nations, a discussion rekindled by the end of the cold War and the significant involvement of the UN in international peacemaking and peacekeeping since the Kuwait crisis. Like the new debate, the work focuses on the Security Council, its composition and possible enlargement, its decision-making process and competences, and its relationship with the General Assembly and the International Court of Justice. Particular regard is given to the right of veto of the permanent members of the Security Council, which is seen as the central, and most problematic, feature of the present constitution of the UN. The work describes and analyzes the reform discussion as it has taken place at the UN since 1991. The different proposals made by governments, NGOs and individual scholars are evaluated by applying a number of standards and concepts ensuing from a perception of the UN Charter as constitution of the international community. Thus, the study advances a comprehensive constitutional theory of the UN and redefines the place of the Charter in contemporary international law.
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OF THE INTERNATIONAL COMMUNITY
THE NEW HAVEN SCHOOL
THE UN CHARTER AS A CONSTITUTION
THE CLAUSULA REBUS SIC STANTIBUS AND THE CONSTITUTIONAL
THE GLOBAL CONTEXT
FUTURE CHALLENGES TO WORLD SECURITY AND
A SUMMARY OF CURRENT VIEWS ON THE GENERAL STRUCTURE
THE REFORM OF THE VETO POWER
CONSTITUTIONAL CHARACTERISTICS OF THE UN CHARTER
CONSTITUTIONAL LAW JUS COGENS AND OBLIGATIONS ERGA
LEGAL PERSONS OTHER THAN STATES AS ADDRESSEES
THE CURRENT LEGAL STATUS OF ARTICLE 27 OF THE UN CHARTER
according action agreement amendment apply Article Assembly basis become body called character Charter concept concerned considered constitution constitutional law Convention countries Court decisions described discussion effective emphasis entity equality established existence fact force functions fundamental Group human ICJ Rep idea importance independent individual institutions Int'l interests international community international law interpretation Italy League limited majority matter means membership norms obligations opinion organization original paragraph particular parties peace permanent members political position possible practice present principle procedure Professor proposals question reason recognized referred reform regard relations Report representativeness requires resolution respective responsibility right of veto role rules seats Security Council society sovereign statement status structure supra note term tion tional Tomuschat treaty Union United Nations universal Verdross Verfassung veto voting
The United Nations System: Toward International Justice
Nigel D. White
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