is that, according to the soundest interpretationoftheUNCharter, a de facto exercise of mem- bership may produce valid legal effects. Keywords International Court of Justice (ICJ); horizontal inconsistency; United Nations; membership; interpretationoftheUNCharter * LL.M., NYU School of Law
implementation of mandates Throughout its history, the C-34 membership has relied on strict interpretationoftheUNCharter 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
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 interpretationofthe
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 interpretationoftheUNCharter is
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 interpretationoftheunCharter’s prohibition of force. It is vain to characterise it as conservative.
The final section in Chapter 3
, in grosso modo, directed to the member states”.
A literal interpretationoftheUNCharter 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
personality, and then went on to pronounce on the capacity of the organization to bring an international claim.
In other words, the capacity to bring an international claim was not the result of interpretationoftheunCharter, but a consequence of the recognition of the un as an international
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-interpretationoftheUNCharter, however radical the alteration from many States’ prior conception of the right to self-defence” C. Gray, ‘Th e Use of
interpretation” oftheunCharter’s human rights provisions, which are binding.
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.
, last resort, proportional means, and reasonable prospects. The proposed criteria derive from an interpretationoftheUNCharter, 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