Drafting of the UN Charter

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Presentation transcript:

Drafting of the UN Charter Dumbarton Oaks Conference (21 August-7 October 1944); Yalta Conference (4-11 February 1945); San Francisco Conference or United Nations Conference on International Organization (25 April-26 June 1945). Approval of the UN Charter by unanimity of participating States.

Drafting of the UN Charter Drafting of the UN Charter simultaneously with the Statute of the International Court of Justice. No connection with Peace Treaties. No connection with the dissolution of the League of Nations.

Entry into force of the UN Charter - Signature of the Charter by 50 States; Ratification by Contracting States according to national procedures; Entry into force 24 October 1945 (29 ratifications); Completion of the ratification process by 51 States 27 December 1945; San Francisco Interim Arrangements.

UN Charter Legal nature: International treaty creating rights and obligations for Contracting Parties; Basic instrument of the international organisation. Impact of the Charter on international law. Impact of customary law on the Charter.

Interpretation of the UN Charter Methods of interpretation: Textual interpretation; Teleological interpretation; Systematic interpretation; Implied powers doctrine; Competence of UN organs in the interpretation of the Charter.

Reform of the Charter Article 108 Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.

Reform of the Charter Article 109 A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council. Each Member of the United Nations shall have one vote in the conference.

Reform of the Charter Article 109.2 Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.

Reform of the Charter No unanimity required. Position of objecting Parties? Two procedures: Amendment (article 108): resolution of the General Assembly by two-thirds of MS; Revision (article 109): resolution of the General Assembly by two-thirds (including SC permanent members) and intergovernmental conference voting by two-thirds.

Reform of the Charter Need for ratifications by Member States. Amendment as the result of an agreement. Any limitations to the exercise of the power of revision by Member States?

Primacy of Charter obligations Article 103 In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Primacy of Charter obligations Primacy of obligations enshrined in the Charter; Primacy of obligations established under secondary acts (article 2.5 and 25 of the Charter).

Primacy of Charter obligations Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter,