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Part 2 The United Nations: What it is, 12 The United Nations and International Law

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan

From: Oppenheim's International Law: United Nations

Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 05 August 2021

Subject(s):
UN Charter — Customary international law — Codification — State practice

The United Nations (UN) is a subject of international law. It develops international law and is, to a certain extent, subject to international law obligations. The UN Charter is interpreted in the light of international law. Under Article 103 of the Charter, the UN can, through the Security Council, create obligations for member states that prevail over international law obligations. The political bodies of the UN are a relevant forum in which to find various sources of law, including treaties and customary international law. The UN is a forum for state practice by its members, and UN organs contribute to the development and clarification of law. This chapter discusses the development of international law by the UN; the interpretation of international law by the UN; the application of general international law to the UN; and the effect of the UN Charter on international law (Article 103).

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