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Max Planck Encyclopedia of Public International Law [MPEPIL]

United Nations Charter, Enemy States Clauses

Michael Wood

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 June 2023

UN Charter — Territoriality — Peace treaties — Use of force, prohibition

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Art. 53 (in part) and Art. 107 United Nations Charter are referred to as the ‘enemy States clauses’. (In addition, there is a reference to ‘enemy States’ in Art. 77 (1) (b) UN Charter.) They acted as exceptions to other provisions of the UN Charter, including the prohibition of the use of force in Art. 2 (4) UN Charter (Use of Force, Prohibition of). The clauses are anachronistic and obsolete; their deletion, now long overdue, is generally recognized not to have taken place thus far because of the complex process involved in amending the Charter (United Nations...
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