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The Law and Practice of the United Nations 5th ed

Benedetto Conforti, Carlo Focarelli

ISBN13: 9789004318526

Previous Edition ISBN: 9789004186293

Published: August 2016

Publisher: Brill Academic Publishers

Country of Publication: The Netherlands

Format: Paperback

Price: £205.00

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The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War.

Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security.

In addition, this important new edition explores such areas as general and smart sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality.

Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice.

Subjects:: Public International Law

Contents:: PREFACE; PREFACE TO THE PREVIOUS EDITIONS; ABBREVIATIONS; GENERAL BIBLIOGRAPHY; INTRODUCTION; 1. Origins of the United Nations Charter; A) From the Atlantic Charter to the San Francisco Conference; B) The San Francisco Conference, the entry into force of the Charter; and the United Nations membership; C) Relationship between the League of Nations and the United Nations; 2. The purposes of the United Nations; 3. The organs; 4. The Charter as a treaty; 5. Interpretation of the Charter; 6. The power to interpret the Charter; 7. The “rigidity” of the Charter and amendment and review procedures; 8. Present trends to revise the Charter; CHAPTER 1; THE MEMBERSHIP; Section I; Acquisition of Membership Status; 9. Admission; 10. Admission requirements; 11. Admission of mini-States; 12. Admission of neutralized States; 13. The so-called conditional admission and the non-existence of “positive”; obligations of the UN organs; 14. Readmission; Section II; Modifications in Membership Status; 15. Suspension; 16. Expulsion; 17. Withdrawal; 18. Effects of State succession on membership status; 19. Governments created as a result of revolutions or foreign military; interventions; 20. Governments in exile; 21. State succession and rules on credentials; CHAPTER 2; THE ORGANS; Section I; The Security Council; 22. Composition of the Council. Election of non-permanent Members; 23. Voting procedure in the Council: A) The nature of the four powers’; Statement at the San Francisco Conference; 24. B) The so-called veto power and the significance of abstention by; a permanent Member; 25. C) Absence of a permanent Member; 26. D) The problem of the double veto; 27. E) Abstention from voting by a Member party to a dispute; 28. F) Approval by “consensus”; 29. Participation in Security Council meetings of States which are not; members of the organ; Section II; The General Assembly; 30. Composition of the Assembly. Subsidiary organs; 31. Voting procedure in the Assembly: A) The “present and voting” majority; 32. B) Simple majority and qualified majority; 33. C) Approval by “consensus”; Section III; The Secretariat; 34. Appointment of the Secretary-General; 35. Secretariat staff and the legal nature of the employment relationship; 36. Privileges and immunities of UN officials; 37. The protection of UN officials; Section IV; The Economic and Social Council and the Trusteeship Council; 38. Composition and functioning of the Economic and Social Council; 39. The Trusteeship Council; Section V; The International Court of Justice; 40. Organization of the Court; 41. Election of judges; CHAPTER 3; THE FUNCTIONS; Section I; General Limits to United Nations Functions; 42. Limits ratione personae and ratione materiae; 43. The United Nations and non-member States; 44. The domestic jurisdiction clause (Article 2, para.; 7); 45. A) The notion of domestic jurisdiction; I. The legal notion; II. The notion under Article 2, para.; 7; III. Developments in the practice; 46. B) The meaning of “intervene”; 47. C) The significance of the exception in the last part of Article 2, para.; 7; 48. D) Competence to interpret Article 2, para.; 7; Section II; Maintenance of the Peace: Functions of the Security Council; 49. Chapters VI and VII of the Charter; 50. The power to seize the Council; 51. Investigation; 52. The peaceful settlement function under Chapter VI. A) Objective; pre-conditions; 53. B) Indication to the States of “procedures or methods” for settling; differ¬ences that may endanger the peace; 54. C) Indication of “terms of settlement”; 55. Action with respect to maintenance of the peace under Chapter VII.; General remarks; 56. The determination of a threat to the peace, a breach of the peace, or an act of aggression; 57. The measures provided for by the Charter. A) Recommendations under; Article 39; 58. B) Provisional measures (Article 40); 59. C) Measures not involving the use of force (Article 41); 60. D) Measures involving the use of force (Articles 42 ff.). (a) Peacekeeping; operations; 61. (b) The authorization of use of force by the States; 62. (c) Administration of territories; Section III; Maintenance of the Peace: The Functions of the General Assembly; 63. Discussions and recommendations on general questions; 64. The peaceful settlement function; 65. The problem of Assembly power regarding “action”. A) The solutions given; by the Charter; 66. B) The alleged formation of customary rules; Section IV; Maintenance of the Peace: The Functions of the Secretary-General; 67. Delegated functions and executive functions; 68. Autonomous initiatives for peaceful settlement; Section V; Maintenance of the Peace and Regional Organizations; 69. Regional actions “authorized” by the Security Council; 70. Existing regional Organizations; Section VI; Economic Co-operation and Action for Development; 71. Political decolonization and economic decolonization. Co-operation for; “sustainable” development; 72. The organs charged with economic co-operation; 73. Normative functions; 74. Operational functions; 75. Relations with specialized agencies; Section VII; The Protection of Human Rights; 76. General aspect of United Nations action; 77. Action regarding individual countries; 78. Resolutions of a general nature; 79. The Human Rights Covenants and the Human Rights Committee; Section VIII; Decolonization and Self-determination of Peoples; 80. UN competence to decide on the independence of peoples under colonial; domination; 81. The self-determination of peoples; 82. Trusteeship; 83. The case of Namibia; Section IX; Registration of Treaties; 84. Effects of registration; 85. Effects of non-registration; Section X; The Judicial Functions; 86. The judicial settlement of disputes between States; 87. The advisory function of the International Court of Justice; Section XI; Financing the Organization; 88. Compulsory contributions of the member States; 89. Voluntary contributions; 90. Issuance of loans and other “alternative” funding methods; CHAPTER 4; THE ACTS; 91. Recommendations to the States; 92. Decisions; 93. Organizational resolutions; 94. Operational resolutions; 95. Proposals, authorizations, delegations of powers or functions, approvals,; directives, recommendations be¬tween the organs; 96. Declarations of principles; 97. The UN resolutions and the rule of law: The duty of the organs to comply with; the Charter and with international law; 98. The observance of rules of procedure; 99. Illegality of the acts and the role of consensualism in the United Nations; system; INDEX