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is that, according to the soundest interpretation of the UN Charter, a de facto exercise of mem- bership may produce valid legal effects. Keywords International Court of Justice (ICJ); horizontal inconsistency; United Nations; membership; interpretation of the UN Charter * LL.M., NYU School of Law

In: The Law & Practice of International Courts and Tribunals

implementation of mandates Throughout its history, the C-34 membership has relied on strict interpretation of the UN Charter to steer policy development but at the same time the C-34 has refused to define peacekeeping operations, which has allowed flexibility by the C-34 to meet new peacekeeping operations

In: Journal of International Peacekeeping
Author: Schrijver

Timor crisis in 1999 but supplemented by a non-UN multinational force of “the able and the willing”. Lastly, these three cases of UN involvement with maintaining or restoring peace and security in Indonesia illustrate the changing nature of state sovereignty and the more flexible interpretation of the

In: International Law FORUM du droit international
Author: R. S.

national forces depends on the prior conclusion of special agreements pursuant to Article 43, i.e., between the UN and member states. This limitation does not apply to any forces which the Council might be able to obtain by other means. Now, the question is whether this interpretation of the UN Charter is

In: Journal of International Peacekeeping

that the West went too far from the mandate of the Security Council in Libya. I conclude that most experts of international law in the world support the strict interpretation of the un Charter’s prohibition of force. It is vain to characterise it as conservative. The final section in Chapter 3

In: Nordic Journal of International Law

, in grosso modo, directed to the member states”. 155 A literal interpretation of the UN Charter reveals that the human rights provisions are directed towards states rather than imposed on the UN : the peoples of the UN are “determined to reaffirm faith in fundamental human rights

In: International Organizations Law Review

personality, and then went on to pronounce on the capacity of the organization to bring an international claim. 20 In other words, the capacity to bring an international claim was not the result of interpretation of the un Charter, but a consequence of the recognition of the un as an international

In: Journal of International Humanitarian Legal Studies

seems that massive State support for the legality of the US claim of self-defence could constitute customary interna- tional law and an authoritative re-interpretation of the UN Charter, however radical the alteration from many States’ prior conception of the right to self-defence” C. Gray, ‘Th e Use of

In: Nordic Journal of International Law

interpretationof the un Charter’s human rights provisions, which are binding. 89 The Charter’s provisions on human rights are general and basically affirm the importance of respect for and promotion of human rights than specific catalogue of human rights and concomitant obligations. 90 The udhr

In: Nordic Journal of International Law

, last resort, proportional means, and reasonable prospects. The proposed criteria derive from an interpretation of the UN Charter, notably articles 40–42, which indicate that the Security Council should be guided by the principle of necessity and the principle of proportionality when authorising the use

In: Global Responsibility to Protect