The Law of the United Nations: A Critical Analysis of Its Fundamental Problems : with SupplementThe Lawbook Exchange, Ltd., 2000 - 994 pagina's First published under the auspices of The London Institute of World Affairs in 1950. With a supplement, Recent Trends in the Law of the United Nations [1951]. "[A] number of reasons why this book is bound to appeal to delegates as a source of quotation. One such reason obviously is the international reputation of its author, particularly his prestige in European and Latin American countries. Another is the comprehensive and systematic character of the book, which covers almost all of the basic legal problems presented by the Charter. Most important, perhaps, is the fact that delegates - and other readers - are likely to be impressed with the fundamental approach of the book: its close analysis of the structure of rules and their inter-relationships; the eschewing of political and ideological considerations; the emphasis on legal duties rather than purpose and functions; the awareness of the creative role played by the law-applying organs. These guiding principles (which are derived from, though not logically dependent on, Kelsen's pure theory) are welcome elements in a study of this kind; they promise objectivity, toughmindedness and technical skill, attributes which in a legal treatise will command more respect than idealism or imagination. For these reasons, the book may exert a significant influence of developments in the United Nations." --Oscar Schachter, 60 Yale Law Journal 1951, 189-190. Possibly the most influential jurisprudent of the twentieth century, HANS KELSEN [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was dean of the Law Faculty of the University of Vienna and taught at the Universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. |
Inhoudsopgave
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13 | |
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57 | |
The Obligations of the Members and NonMembers | 87 |
The Obligations with respect to NonSelfGoverning | 102 |
Conflict of Obligations | 111 |
B Settlement by the General Assembly | 450 |
Court of Justice | 463 |
Legal and Political Disputes 477 | 477 |
The Jurisdiction of the Court | 483 |
The Law to be Applied by the Court | 531 |
Execution of Judicial Decisions | 539 |
Advisory Opinions | 545 |
Protection of NonSelfGoverning Peoples | 550 |
Solution of Treaty Conflicts by the Principle of Priority | 117 |
The Organs of the United Nations General Remarks | 136 |
The General Assembly | 172 |
The Security Council | 219 |
Security Council | 264 |
Competence | 279 |
B Legal effect of the acts of the Security Council Article 2 j | 293 |
Regional Arrangements | 319 |
Legal Status of the Organisation | 329 |
Juridical Personality of the Organisation under | 336 |
Legal Status of the Seat of the United Nations | 348 |
QuasiJudicial Settlement of Disputes and Adjustment | 359 |
The Trusteeship System | 566 |
bb Obligations of the administering authority | 635 |
Registration and Publication of Treaties | 696 |
Sanctions | 706 |
Assembly | 717 |
Amendments | 816 |
The Assurance of the Integrity and Independence | 825 |
Text of the Charter of the United Nations | 839 |
Text of the Statute of the International Court | 866 |
References to Articles oj the Charter | 881 |
References to Articles of the Statute | 888 |
Overige edities - Alles bekijken
Veelvoorkomende woorden en zinsdelen
accept accordance action administering authority adopted amendment application approved Article 36 Assembly authorised Charter clause co-operation Commission Committee competence concerned Conference conformity consideration considered constitute contains Convention Court Court of Justice Covenant decide decision delegate determined discussion dispute Economic and Social effect enforcement equal established exercise existence expressed fact force formula functions Government Hence important individual International Court international law international peace interpretation jurisdiction League maintenance majority mandate matter means measures meeting Members membership necessary non-member obligations opinion organ Organisation paragraph parties peace and security persons pointed political possible Preamble present principle procedure proposed provision question recommendations referred regard relating Report representative request resolution respect Rule Secretary-General Security Council session settlement situation statement Statute stipulated submitted taken term treaty trust territory trusteeship agreement Trusteeship Council Union United Nations vote