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- Preliminary Material
- Main Text
- Ch.VII Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression
- Introduction to Chapter VII: The General Framework
- Preliminary Material
- A Historical Origin
- B The Evolution of SC Practice
- C The Character of the Powers under Chapter VII
- D The Changing Functions of Enforcement Action
- E The Limits of Chapter VII Powers
- F General Problems of the Exercise of Chapter VII Powers
- Article 39
- Preliminary Material
- A Historical Origin
- B General Issues
- C Threat to the Peace
- D Breach of the Peace and Aggression
- E The Determination of the Requirements of Chapter VII
- F Recommendations and Other Forms of Action
- Article 40
- Article 41
- Article 42
- Article 43
- Article 44
- Article 45
- Article 46
- Article 47
- Article 48
- Article 49
- Article 50
- Article 51
- Preliminary Material
- A Evolution and Significance of the Right of Self-Defence
- B Content and Scope
- I Relation of Article 51 to Article 2 (4)
- II Article 51 and the ‘Inherent’ Right of Self-Defence
- III The Notion of ‘Armed Attack’
- 1 Significance
- 2 Definition
- 3 ‘Armed Attack’ in relation to ‘Threat or Use of Force’
- 4 Forms of Attack
- IV Collective Self-Defence
- V Anticipatory Self-Defence
- C The Duty to Report to the Security Council
- D The Principles of Necessity and Proportionality as Limits on the Right of Self-Defence
- E The Right of Self-Defence under Customary International Law
- F The Right of Self-Defence and Enforcement Measures by the SC
- Introduction to Chapter VII: The General Framework
- Ch.VIII Regional Arrangements
- Introduction to Chapter VIII
- Article 52
- Preliminary Material
- A Structure of the Article
- B Article 52 (1)
- 3
- I The Criterion of Regionality
- II ‘Arrangements’ or ‘Agencies’
- III Matters Relating to the Maintenance of International Peace and Security
- IV Appropriateness for Regional Action
- V Consistency with the Purposes and Principles of the United Nations
- VI Competence for the Determination of Regional Organizations
- VII Definition of Regional Arrangements or Agencies
- VIII Specific Examples
- C Article 52 (2) and (3)
- D Article 52 (4)
- Article 53
- Preliminary Material
- A Structure and Purpose of the Article
- B Historical Aspects
- C ‘Enforcement Action’ as Used in Article 53 (1)
- 7
- I The Term ‘Action’
- II The Mandatory Character of Regional Measures as Decisive Criterion?
- III Systematic Considerations
- IV Practice of UN Organs and Regional Organizations
- V Regional Peacekeeping
- VI Humanitarian Intervention and Responsibility to Protect
- D Legal Conditions for Enforcement Action under Article 53 (1)
- E The Utilization of Regional Organizations by the SC (Article 53 (1) Clause 1)
- F Enforcement Action and Security Council Authorization (Article 53 (1) Clause 2)
- G The Interpretation of Article 53 (1) Clause 2 Phrase 2: the Enemy State Exception
- I General Overview
- II Possible Measures According to Article 53 (1) Clause 2 Phrase 2
- III No Legal Title
- IV The Renewal of Aggressive Policy
- V The ‘Enemy State’ Concept
- VI Practical Significance of the Enemy State Clauses
- Article 54
- Preliminary Material
- A Object and Purpose of the Provision
- B Origins
- C The Scope of the Reporting Obligation
- D Addressee of the Reporting Obligation
- E The Relationship between Reporting Obligations under Article 54 and under Article 51
- F Practice by the SC and Regional Arrangements or Agencies
- G Other Forms of Cooperation
- Ch.IX International Economic and Social Co-operation
- Article 55 (a) and (b)
- Preliminary Material
- A Introduction
- B Legislative History
- C Interpretation
- D Practice
- E Outlook/Evaluation
- Article 55 (c)
- Preliminary Material
- A Introduction
- B Concept and Normative Content
- C Realization of the Programme: The Bill of Rights and Other Human Rights Instruments
- D The System of Implementation
- E Reform of Human Rights Mechanisms
- Article 56
- Article 57
- Preliminary Material
- A The Notion of ‘Specialized Agencies’
- B Historical Development
- C Decentralization of the UN System
- D The Beginning of a Relationship
- E Survey of the Specialized Agencies
- I International Labour Organization (ILO)
- II Food and Agriculture Organization (FAO)
- III United Nations Educational Scientific and Cultural Organization (UNESCO)
- IV International Civil Aviation Organization (ICAO)
- V International Monetary Fund (IMF)
- VI International Bank for Reconstruction and Development (World Bank, IBRD)
- VII International Finance Corporation (IFC)
- VIII International Development Association (IDA)
- IX World Health Organization (WHO)
- X Universal Postal Union (UPU)
- XI International Telecommunication Union (ITU)
- XII World Meteorological Organization (WMO)
- XIII International Maritime Organization (IMO)
- XIV World Intellectual Property Organization (WIPO)
- XV International Fund for Agricultural Development (IFAD)
- XVI United Nations Industrial Development Organization (UNIDO)
- XVII World Tourism Organization (UNWTO)
- Article 58
- Article 59
- Article 60
- Article 55 (a) and (b)
- Ch.X The Economic and Social Council
- Composition
- Article 61
- Preliminary Material
- A Development of the Economic and Social Council (ECOSOC)
- B Position of ECOSOC in the Charter
- C Composition of ECOSOC, Article 61 (1)
- D Terms of Office of Members and Election Procedure, Article 61 (2)
- E First Election after Enlargement to Fifty-four Members, Article 61 (3)
- F Representation of Members, Article 61 (4)
- Article 61
- Functions and Powers of ECOSOC
- Article 62
- Preliminary Material
- A Responsibility, Functions and Powers of ECOSOC
- B Functions and Powers, Article 62 (1)
- C Recommendations for Promoting Respect for, and Observance of, Human Rights and Fundamental Freedoms for All, Article 62 (2)
- D Preparation of Draft Conventions, Article 62 (3)
- E Convening of International Conferences, Article 62 (4)
- F Other Charter-based Functions and Powers of ECOSOC
- G GA Assigned Functions and Powers of ECOSOC
- 43
- I System-wide Coordination
- II Annual Ministerial Review (AMR)
- III Implementation of Multilateral Conferences
- IV Development Cooperation Forum (DCF)
- V High-level Meeting of the Council with the Bretton Woods Institutions, the WTO, and UNCTAD
- VI Peacebuilding Commission
- VII Ad Hoc Meetings on Humanitarian Emergencies
- H Limits of ECOSOC Functions and Powers
- Article 63
- Preliminary Material
- A Relationship Agreements
- I General
- II Negotiation
- III Contents
- 8
- 1 Membership
- 2 Venues of Sessions
- 3 Mutual Representation and Information
- 4 Observance of the Recommendations of UN Organs
- 5 Assistance for the Organs of the United Nations
- 6 Budgetary Cooperation
- 7 Harmonization of Civil Service Law and Administrative Procedure
- 8 Relationship with the International Court of Justice
- 9 Common Services
- IV Amendments to the Relationship Agreements
- B Coordination of the Activities of Specialized Agencies by ECOSOC
- Article 64
- Preliminary Material
- A The Systematic Position and the Relevance of Article 64
- B Reporting of the Specialized Agencies to ECOSOC
- C Reports of Member States on the Implementation of Recommendations by ECOSOC and the General Assembly
- D The Communication of ECOSOC’s Observations to the General Assembly (Article 64 (2))
- Article 65
- Article 66
- Article 62
- Voting
- Procedure
- Article 68
- Article 69
- Article 70
- Preliminary Material
- A Article 70 in the Context of the Charter
- B Reciprocal Representation and the Specialized Agencies
- C Reciprocal Representation and the International Atomic Energy Agency
- D Reciprocal Representation and the World Trade Organization
- E Representation of other Intergovernmental Organizations
- Article 71
- Preliminary Material
- A Introductory Survey
- B Definition
- C History
- D The NGO Committee
- E The Consultative Relationship with ECOSOC and its Subsidiary Bodies
- F Relations with Other Organs and Bodies of the UN and with Specialized Agencies
- G Participation of NGOs in International Conferences Convened by the UN
- H Suspension and Withdrawal of NGO’s Consultative Status
- I NGO’s Role in International Law
- J Appraisal
- Article 72
- Composition
- Ch.XI Declaration Regarding Non-self-governing Territories
- Ch.XII International Trusteeship System
- Article 75
- Article 76
- Preliminary Material
- A Significance of Article 76 as the Substantive Provision for the Trusteeship System
- B The Objectives of Article 76 in Particular
- I The Furtherance of International Peace and Security (Article 76 (a))
- II The Promotion of Political, Economic, Social, and Educational Advancement (Article 76 (b))
- III Respect for Human Rights (Article 76 (c))
- IV Equal Treatment for all Members of the United Nations (Article 76 (d))
- Article 77
- Article 78
- Article 79
- Article 80
- Article 81
- Article 82
- Article 83
- Article 84
- Article 85
- Ch.XIII The Trusteeship Council
- Ch.XIV The International Court of Justice
- Preliminary Material
- Article 92
- ICJ and PCIJ Materials
- Private Compilations
- Select Bibliography
- A Historical Development
- B The ICJ as an Organ of the United Nations
- 16
- 17
- I The Statute as an Integral Part of the Charter
- II The Relationship between the ICJ and the Other Organs
- III Institutional Aspects with regard to the ICJ as an Organ of the UN
- IV The ICJ as the ‘Principal Judicial Organ’ of the United Nations
- V The ICJ as the Principal, but not Exclusive Judicial Organ
- C The ICJ as ‘Judicial Organ’
- D The Organization of the Court
- E Jurisdiction in Contentious Cases
- F Advisory Opinions
- G Applicable Law
- H An Outline of Procedure
- I Evaluation
- Article 93
- Article 94
- Article 95
- Article 96
- Ch.XV The Secretariat
- Article 97
- Article 98
- Article 99
- Article 100
- Preliminary Material
- A Origin
- B General Meaning and Purpose
- C Recruitment
- D Duration of Appointments
- E Financial Independence
- F Influence on the Day-to-Day Working of the Secretariat
- G Coercive Measures against Staff Members
- H The Personal Conduct of Staff Members
- I Adjudication of Staff Disputes
- J Final Evaluation
- Article 101
- Preliminary Material
- A Organizational Power and Authority in Human Resources Management
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- I The Administrative Structure of the Secretariat
- II The Hierarchy of Rules in the Conditions of Service and the Organization of Competences
- III The Unity of the Secretariat and the Powers of the Secretary-General
- B The ‘United Nations Common System’
- C The Legal Relationship between the UN and its International Civil Servants
- Ch.XVI Miscellaneous Provisions
- Article 102
- Preliminary Material
- A The Origins of Article 102
- B Registration and Publication under Article 102 (1)
- I Treaties and International Agreements Subject to Registration
- II The Obligation to Effect Registration
- III The Faculty to Effect Registration
- IV The Time of Registration
- V The Registration Procedure
- VI Treaties and International Agreements not Subject to Registration
- VII Custody of the League of Nations Register
- VIII The Publication of Treaties and International Agreements
- C The Prohibition under Article 102 (2) of Invoking an Unregistered Treaty before UN Organs
- Article 103
- Article 104
- Preliminary Material
- A General Notions
- B The Juridical Personality of the United Nations in the Members’ Domestic Law
- C Limitations of the Juridical Personality of the United Nations
- D The Piercing of the Corporate Veil
- E The Juridical Personality of the United Nations in the Domestic Law of Non-Members
- F The Proper Law of the United Nations
- G The Right to Use UN Emblems
- Article 105
- Preliminary Material
- A General Notions
- B The Implementation of Article 105
- C Privileges and Immunities of the Organization of the United Nations: Article 105 (1)
- D Privileges and Immunities of the Officials of the United Nations: Article 105 (2)
- E Privileges and Immunities of the Representatives of Members, Permanent Missions, and Staffs of Missions: Article 105 (2)
- F Privileges and Immunities of the Experts on Missions for the United Nations (Article VI 1946 Convention)
- G Privileges and Immunities of the Observer Missions and Official Guests
- H Conferences, Symposia, and Similar Meetings
- Article 102
- Ch.XVII Transitional Security Arrangements
- Ch.XVIII Amendments
- Article 108
- Preliminary Material
- A Principles and Legal Background
- B The Amendment Procedure in Detail
- 12
- I Acceptance of Amendments by the General Assembly
- II Ratification by the Member States of the United Nations
- III The Entry into Force of Charter Amendments
- C The Legal Effects of Charter Amendments
- D Cases in which Article 108 has been Applied to Date
- E Other Proposals for Charter Amendment
- Article 109
- Preliminary Material
- A Principles and Background
- B The Review Procedure in Detail
- C The Facilitated Convocation Procedure According to Article 109 (3)
- D Reform Initiatives Short of a Review, Particularly in the Charter Committee
- Article 108
- Ch.XIX Ratification and Signature
- Article 110
- Preliminary Material
- Select Bibliography
- A Preliminary Remarks
- B Ratification and Deposit
- C Entry into Force
- D Original Members and the Beginning of Membership
- E Continuation and Termination of Original Membership
- F The Entry into Force of the UN Charter for Admitted Members
- G Impact of the EU’s Observer Status on the original UN Membership of certain EU Member States
- Article 111
- Article 110
- Ch.VII Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression
- Further Material
- Annex I Rules of procedure of the general assembly
- Contents
- Rules of procedure
- I Sessions
- II Agenda
- III Delegations
- IV Credentials
- V President and vice-presidents
- VI General committee
- VII Secretariat
- VIII Languages
- IX Records
- X Public and private meetings of the general assembly, its committees and its subcommittees
- XI Minute of silent prayer or meditation
- XII Plenary meetings
- Conduct of business
- Emergency special sessions
- Report of the Secretary-General
- Reference to committees
- Discussion of reports of Main Committees
- Quorum
- Speeches
- Precedence
- Statements by the Secretariat
- Points of order
- Time limit on speeches
- Closing of list of speakers, right of reply
- Adjournment of debate
- Closure of debate
- Suspension or adjournment of the meeting
- Order of procedural motions
- Proposals and amendments
- Decisions on competence
- Withdrawal of motions
- Reconsideration of proposals
- Voting
- Conduct of business
- XIII Committees
- Establishment, officers, organization of work
- Conduct of business
- Quorum
- Speeches
- Congratulations
- Precedence
- Statements by the Secretariat
- Points of order
- Time limit on speeches
- Closing of list of speakers, right of reply
- Adjournment of debate
- Closure of debate
- Suspension or adjournment of the meeting
- Order of procedural motions
- Proposals and amendments
- Decisions on competence
- Withdrawal of motions
- Reconsideration of proposals
- Voting
- XIV Admission of new members to the united nations
- XV Elections to principal organs
- XVI Administrative and budgetary questions
- XVII Subsidiary organs of the general assembly
- XVIII Interpretation and amendments
- Annex I Recommendations and suggestions of the Special Committee on Methods and Procedures of the General Assembly approved by the Assembly
- Consideration by the General Assembly of international conventions negotiated by conferences of government representatives of all Member States
- Consideration by the General Assembly of international conventions prepared by experts or by conferences in which not all Member States take part—drafting of legal texts
- Meetings of the General Committee and of the Main Committees
- Allocation of agenda items to the Main Comittees
- Consideration of agenda items in plenary meetings without prior reference to a Main Committee
- The role of the President of the General Assembly, of the Chairmen of committees and of the Secretariat
- Annex II Methods and procedures of the General Assembly for dealing with legal and drafting questions
- Annex III Resolution 1898 (XVIII) adopted on the recommendation of the Ad Hoc Committee on the Improvement of the Methods of Work of the General Assembly
- Annex IV Conclusions of the Special Committee on the Rationalization of the Procedures and Organization of the General Assembly
- I Mandate of the special committee
- II General organization of sessions
- III General committee
- IV Agenda
- V Organization of the work of the main committees
- VI Maximum utilization of available time
- VII Resolutions
- VIII Documentation
- IX Subsidiary organs of the general assembly
- X Other questions
- Annex V Decision 34/401 on the rationalization of the procedures and organization of the General Assembly
- Annex VI Conclusions of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization concerning the rationalization of the procedures of the General Assembly
- Annex VII Conclusions of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization concerning the rationalization of existing United Nations procedures
- Annex VIII Guidelines on the Rationalization of the Agenda of the General Assembly
- Annex IX Opening date and duration of the general debate
- Annex II Provisional rules of procedure of the security council
- Ch.I Meetings
- Ch.II Agenda
- Ch.III Representation and credentials
- Ch.IV Presidency
- Ch.V Secretariat
- Ch.VI Conduct of business
- Ch.VII Voting
- Ch.VIII Languages
- Ch.IX Publicity of meetings, records
- Ch.X Admission of new members
- Ch.XI Relations with other united nations organs
- Appendix Provisional procedure for dealing with communications from private individuals and non-governmental bodies
- Annex III Note by the President of the Security Council 26 July 2010
- I Agenda
- II Briefings
- III Documentation
- IV Informal consultations
- V Meetings
- VI Programme of work
- VII Resolutions and presidential statements
- VIII Subsidiary bodies
- IX Matters of which the Council is seized
- X Communication with the Secretariat and outside
- XI Security Council missions
- XII Annual report
- XIII Newly elected members
- Index
- Annex I Rules of procedure of the general assembly
- [44.201.94.72]
- 44.201.94.72
