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Max Planck Encyclopedia of Public International Law [MPEPIL]

United Nations Charter, Enemy States Clauses

Sir Michael Wood

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 May 2019

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

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

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...
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