Overview

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 economic 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

Full Product Details

Author:   Benedetto Conforti ,  Carlo Focarelli
Publisher:   Brill
Imprint:   Martinus Nijhoff
Edition:   4th New edition
Volume:   53
Dimensions:   Width: 15.50cm , Height: 2.80cm , Length: 23.50cm
Weight:   0.846kg
ISBN:  

9789004186293

ISBN 10:   9004186298
Pages:   454
Publication Date:   24 September 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

INTRODUCTION Origins of the United Nations Charter The purposes of the United Nations The organs The Charter as a treaty Interpretation of the Charter The power to interpret the Charter The rigidity of the Charter and amendment and review procedures Present trends to revise the Charter CHAPTER 1: THE MEMBERSHIP Admission Admission requirements Admission of mini-States Admission of neutralized States The so-called conditional admission and the non-existence of positive obligations of the UN organs Readmission Suspension Expulsion Withdrawal Effects of State succession on membership status Governments created as a result of revolutions or foreign military interventions Governments in exile State succession and rules on credentials CHAPTER 2: THE ORGANS Composition of the Council. Election of non-permanent Members Voting procedure in the Council: A) The nature of the four powers' Statement at the San Francisco Conference Participation in Security Council meetings of States which are not members of the organ Composition of the Assembly: Subsidiary organs Voting procedure in the Assembly Appointment of the Secretary-General Secretariat staff and the legal nature of the employment relationship Privileges and immunities of UN officials The protection of UN officials Composition and functioning of the Economic and Social Council The Trusteeship Council Organization of the Court Election of judges CHAPTER 3: THE FUNCTIONS Limits ratione personae and ratione materiae The United Nations and non-member States The domestic jurisdiction clause (Article 2, para. 7) The notion of domestic jurisdiction The meaning of intervene The significance of the exception in the last part of Article 2, para. 7 Competence to interpret Article 2, para. 7 Chapters VI and VII of the Charter The power to seize the Council Investigation The peaceful settlement function under Chapter VI. A) Objective pre-conditions Indication to the States of procedures or methods for settling differences that may endanger the peace 173 Indication of terms of settlement Action with respect to maintenance of the peace under Chapter VII. General remarks The determination of a threat to the peace, a breach of the peace, or an act of aggression The measures provided for by the Charter. A) Recommendations under Article 39 Provisional measures (Article 40) Measures not involving the use of force (Article 41) Measures involving the use of force (Articles 42 ff.). Peacekeeping operations The authorization of use of force by the States Administration of territories Discussions and recommendations on general questions The peaceful settlement function The problem of Assembly power regarding action . A) The solutions given by the Charter The alleged formation of customary rules Delegated functions and executive functions Autonomous initiatives for peaceful settlement Regional actions authorized by the Security Council Existing regional Organizations Political decolonization and economic decolonization. Co-operation for sustainable development The organs charged with economic co-operation Normative functions Operational functions Relations with specialized agencies General aspect of United Nations action Action regarding individual countries Resolutions of a general nature The Human Rights Covenants and the Human Rights Committee UN competence to decide on the independence of peoples under colonial domination The self-determination of peoples Trusteeship The case of Namibia Effects of registration Effects of non-registration The judicial settlement of disputes between States The advisory function of the International Court of Justice Obligatory contribution of the member States Voluntary contributions Issuance of loans and other alternative funding methods CHAPTER 4: THE ACTS Recommendations to the States Decisions Organizational resolutions Operational resolutions Proposals, authorizations, delegations of powers or functions, approvals, directives, recommendations between the organs Declarations of principles The UN resolutions and the rule of law: The duty of the organs to comply with the Charter and with international law 377 The observance of rules of procedure Illegality of the acts and the role of consensualism in the United Nations system INDEX

Reviews

Author Information

Benedetto Conforti is Professor Emeritus of International Law, former Judge at the European Court of Human Rights, and Member of the Institut de Droit International. Carlo Focarelli is Professor of International Law at the University of Perugia and Chair of Private International Law at the LUISS University of Rome.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions