The United Nations began as an alliance during World War II. Eventually, however, the UN came to approximate a universal organization - i.e., open to and aspiring to include all States. This presents a legal question, for Article 4 of the Charter contains substantive criteria to limit admission of States to the UN and no formal amendment has touched that part of the Charter. This book gives an up-to-date account of admission to the UN, from the 1950s ‘logjam’ through on-going controversies like Kosovo and Taiwan. With reference to Charter law, the book considers how Article 4 came to accommodate universality and what the future of a universal organization in a world of politically diverse States might be.
Thomas D. Grant, Ph.D. (2000) in Law, University of Cambridge, JD (1994), Yale Law School, is a Senior Research Fellow of Wolfson College, University of Cambridge. He has published extensively on public international law.
“Grant's craftsmanship is undeniable. This is a well-nigh brilliant study, based on extensive and careful research, of an under-analyzed phenomenon… [T]his is classic international legal scholarship at its best.” Jan Klabbers, University of Helsinki / New York University, vol. 7 International Organizations Law Review (2010), 227–230.
“… a valuable account of the practice... livening up old controversies in order better to understand new ones.” Anne-Laurence Brugère, University of Geneva, vol. 21 European Journal of International Law (2010) 791–792.
Table of contents
PREFACE AND ACKNOWLEDGMENTS; TABLE OF CASES; TABLE OF TREATIES AND OTHER INSTRUMENTS TABLE AND FIGURES; LIST OF ABBREVIATIONS
1 Admission under the UN Charter 1.1 The Constitutive Function of Admission
1.2 Admission Mechanisms: Article 4(2)
1.3 Admission Criteria: Article 4(1)
2 The Early Years: Implementing Article 4? 2.1 Introductory
2.2 The Argentine Controversy
2.3 Advisory Opinion on Conditions of Admission (1948)
The Court’s Analysis
Negative Votes and Non-application of the Substantive Criteria
Elaborating the Criteria for Admission
2.4 Substantive Criteria and the Procedures for Admission
Rules of Procedure
- Committee on Admission of New Members: Questionnaires and Applicant Responses
- Disuse of the Committee on Admission
3 The Road to Universality: The Admissions of 1955–6 3.1 The ‘Logjam’
3.2 The General Assembly and the Non-admissibility of Spain
3.3 Universality as Legal Requirement?
- A UN Principle
- A Measure of Tasks and Potential
Universality in the Charter as a Whole
Universality and Sovereign Equality
3.4 Universality as Policy Decision
3.5 The Package Deal
Japan; Mongolia; Albania; Jordan; Hungary; Romania; Bulgaria; Libya; Spain;
4 Universality Affirmed: The Eclipse of Substantive Admission Criteria 4.1 Universality under Charter Law: The Views of States after the Package Deal
4.2 The Charter after Eclipse of the Substantive Criteria
Practice as Effecting Change in the Constitutive Instrument
Interpretation or Amendment?
- General Considerations
- Article 4(1): Interpreted or Amended?
Entrenchment of Article 4(1) Practice
5 Admission after the Package Deal 5.1 Statehood as the Residual Criterion
Claims to the Territory of a State
The ‘Divided States’
- Germany; Korea
- Resolution 2758 (XXVI): A Question of Credentials
- One China, One Membership
- Limiting the Territorial Scope of Credentials
- Status of Taiwan: Early Signs of Consolidation
- Original Membership: a Basis for Special Rights?
- Taiwan’s Applications for Admission
- Status Redux: Erosion and Consolidation
5.2 Contested Admission as the Exceptional Case
6 Universality Achieved: Micro-States, Neutral States, and the Residue of Empires 6.1 Independence of States in the 1990s
Other States in the Former Yugoslavia
- Yugoslavia: Extinction, Continuity, or Improvisation?
- Slovenia, Croatia, and Bosnia and Herzegovina
States in the Former USSR
- The Agreed End of Soviet Power
- The Baltic States
- Ukraine and Belarus: Union Republics as Original Members
- Other Territories of the USSR
Czech and Slovak Republics
6.2 Very Small Island States
6.3 The European Micro-States
7 Consequences of Admission 7.1 Legal Consequences of Admission as a Member State
Statehood and UN Membership
Access to the International Court of Justice
Participation in other UN Processes
The Presumption of Continuity of Membership
7.2 Universality and the Future of International Organization
Minimum Access to Processes of International Relations
Consolidation of the International Community as a Whole
Universal Vocation versus Sectoral Tasks
All those interested in the United Nations, international organization, 20th century international relations, public international law, and modern conflicts over territory and State creation.