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The Law and Practice of the United Nations 5th Edition

The Law and Practice of the United Nations 5th Edition

  • 作者:
  • 出版商: Brill Academic Publishers
  • ISBN: 9789004318526
  • Previous Edition ISBN: 9789004186293
  • 出版时间 August 2016
  • 规格: Paperback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,562.91
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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