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The law of the United Nations: a critical analysis of its fundamental problems : with supplement

The law of the United Nations: a critical analysis of its fundamental problems : with supplement (Loan 10 times)

Material type
단행본
Personal Author
Kelsen, Hans , 1881-1973.
Corporate Author
London Institute of World Affairs.
Title Statement
The law of the United Nations: a critical analysis of its fundamental problems : with supplement / by Hans Kelsen.
Publication, Distribution, etc
Union, N.J. :   Lawbook Exchange ,   2000.  
Physical Medium
xvii, 994 p. ; 24 cm.
ISBN
1584770775 (cloth : alk. paper)
General Note
"Published under the auspices of the London Institute of World Affairs."  
Originally published: New York : F.A. Praeger, 1950. (Library of world affairs ; no. 11).  
Bibliography, Etc. Note
Includes bibliographical references and index.
Subject Added Entry-Topical Term
International law.
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008 000216r20001950nju b 001 0 eng
010 ▼a 00025627
020 ▼a 1584770775 (cloth : alk. paper)
040 ▼a DLC ▼c DLC ▼d DLC ▼d 211009
050 0 0 ▼a KZ4991 ▼b .K45 2000
082 0 0 ▼a 341.23 ▼2 21
090 ▼a 341.23 ▼b K29L
100 1 ▼a Kelsen, Hans , ▼d 1881-1973.
245 1 4 ▼a The law of the United Nations: ▼b a critical analysis of its fundamental problems : with supplement / ▼c by Hans Kelsen.
260 ▼a Union, N.J. : ▼b Lawbook Exchange , ▼c 2000.
300 ▼a xvii, 994 p. ; ▼c 24 cm.
500 ▼a "Published under the auspices of the London Institute of World Affairs."
500 ▼a Originally published: New York : F.A. Praeger, 1950. (Library of world affairs ; no. 11).
504 ▼a Includes bibliographical references and index.
610 2 0 ▼a United Nations. ▼t Charter.
650 0 ▼a International law.
710 2 ▼a London Institute of World Affairs.
830 0 ▼a Library of world affairs ; ▼v no. 11.

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Preservation Stacks/B2)/ Call Number 341.23 K29L Accession No. 111314036 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents


CONTENTS

Preface : ON INTERPRETATION = xiii

PART ONE THE PURPOSES OF THE UNITED NATIONS

 1. THE PREAMBLE = 3

  1. Title of the Instrument and Name of the Organisation = 3

  2. The Two Sentences of the Preamble = 5

  3. Binding Force of the Preamble = 9

 2. MAINTENANCE OF PEACE = 13

  1. Prevention and Repression of Breaches of the Peace = 13

  2. The Function of the Organisation and the Obligation of the Members = 15

  3. Law and Justice = 15

  4. International Peace = 19

 3. INTERNATIONAL Co-OPERATION = 20

  1. Political Co-operation = 20

  2. Economic and Social Co-operation = 22

  3. Human Rights = 27

  4. Rights of States = 50

PART TWO ORGANISATION OF THE UNITED NATIONS

 4. MEMBERSHIP = 57

  1. Original Membership = 57

  2. Subsequent Membership = 61

  3. Compulsory Membership? = 75

  4. Membership and Form of Government = 76

  5. Re-entering the Organisation = 78

  6. Admittance of Non-Recognised States = 79

  7. Membership in the Judicial Community of the United Nations under Article 93 of the Charter = 79

  8. Membership in the Judicial Community of the United Nations under Article 35 of the Statute = 82

  9. Temporary Membership in the United Nations under Articles 32 and 70 and Indirect Membership under Article 52 of the Charter = 83

  10. The Relations of Non-Members to the Organisation = 85

 5. THE OBLIGATIONS OF THE MEMBERS AND NON-MEMBERS = 87

  1. The Obligation to Fulfil all Obligations(Article 2, paragraph 2) = 87

  2. The Obligation of Pacific Settlement of Conflicts(Article 2, paragraphs 3 and 4) = 90

  3. The Obligation to Assist the Organisation(Article 2, paragraph 5) = 91

  4. Financial Obligations(Articles 17 and 19) = 94

  5. The Obligation to Carry out the Decisions of the Security Council(Articles 25, 48, 49) = 95

  6. The Obligations with respect to the Seat of the Organisation = 98

  7. The Obligations with respect to Enforcement Actions(Articles 43, 44, 45, 48) = 98

  8. The Obligation with respect to the Exercise of the Right of Self-Defence(Article 51) = 99

  9. The Obligations in case of Regional Arrangements(Article 51) = 99

  10. The Obligation with respect to Economic and Social Co-operation(Article 56) = 99

  11. The Obligations with respect to Non-Self-Governing and Trust Territories(Articles 73, 74, 76, 84, 87, 88) = 102

  12. The Obligation with respect to the Secretariat(Article 100) = 102

  13. The Obligation to Bring All Treaties to Registration(Article 102) = 102

  14. The Obligations with respect to the Legal Status of the Organisation, its Officials and the Representatives of its Members(Articles 104, 105) = 102

  15. The Obligations of Members and other Parties to the Statute with respect to the Court = 103

  16. No Obligation of Disarmament = 104

  17. Obligations of Non-Members(Article 2, paragraph 6) = 106

 6. CONFLICT OF OBLIGATIONS = 111

  1. Difference between the Charter and the Covenant of the League of Nations = 111

  2. Conflicts between Treaty Obligations to which Article 103 Refers = 112

  3. Conflicts between Obligations under the Charter and Obligations Established by Treaties Concluded between Members = 113

  4. Conflicts between Obligations under the Charter and Obligations Established by Treaties Concluded between Members and Non-Members = 113

  5. The Obligation Not to Assume Inconsistent Treaty Obligations and the Obligation to Take Steps for Release From Inconsistent Treaty Obligations = 115

  6. Solution of Treaty Conflicts by the Principle of Priority of Execution of the Preceding Treaty = 117

  7. No 'Automatic' Abrogation = 117

  8. The Meaning of the Term 'Obligations of the Members' = 118

  9. The Charter and the Pact of Paris = 119

 7. WITHDRAWAL FROM THE ORGANISATION = 122

  1. The Commentary of Committee 1/2 of the San Francisco Conference = 122

  2. The 'Exceptional Circumstances' = 123

  3. The Right of Withdrawal and Article 2, paragraph 6 = 124

  4. The Right of Withdrawal as Consequence of the Principles of Democracy and Sovereignty = 125

  5. Legal Importance of the Commentary of Committee 1/2 = 127

  6. The Right of Withdrawal and the Clausula rebus sic stantibus = 128

  7. Withdrawal from the Judicial Community = 130

 8. THE ORGANS OF THE UNITED NATIONS(General Remarks) = 136

  1. The 'Principal' and 'Subsidiary' Organs = 136

  2. The Organs Not Referred to in Chapter Ⅲ of the Charter = 145

  3. 'Organ' and 'Member' = 149

  4. States and Individuals as Organs(Indirect and Direct International Organs) = 149

  5. The Scope of Article 8 = 152

  6. Competence of an Organ as Right or as Duty = 154

 9. THE GENERAL ASSEMBLY = 155

  1. Organisation = 155

  2. Procedure = 176

   A. Sessions = 176

   B. Voting = 179

   C. Differences between the procedure of the General Assembly and that of the Security Council = 192

  3. Competence(General Remarks) = 193

   A. Legal and political competence = 193

   B. Competence under Article 10 = 198

   C. Competence under Article 11 = 200

   D. Competence under Article 14 = 208

   E. Revision of treaties = 211

   F. Competence under Article 13 = 214

   G. Exclusive, common, concurrent competence = 215

 10. THE SECURITY COUNCIL = 219

  1. Organisation = 219

   A. Permanent and non-permanent membership = 219

   B. Temporary membership = 222

   C. Representation = 233

   D. Presidency = 236

  2. Procedure = 237

   A. Sessions = 237

   B. Voting = 239

    (a) The 'concurring votes of the permanent members'(veto right) = 239

    (b) Quorum = 244

    (c) The vote of the temporary member under Article 44 = 245

    (d) Procedural and non-procedural matters = 245

    (e) The statement of the Four Sponsoring Powers on the voting procedure in the Security Council = 249

    (f) Obligatory abstention from voting = 258

    (g) Veto right outside the procedure in the Security Council = 264

    (h) Voting on obligatory and non-obligatory functions = 264

    (i) Incapacity of the Security Council to reach a decision = 265

     (aa) Transfer of competence to the General Assembly = 266

     (bb) Self-help = 269

     (cc) Public opinion = 271

     (dd) Solution outside the Security Council = 271

   C. The 'primary responsibilities' of the Great Powers as justification of their veto right = 272

   D. Progress as compared with the Covenant? = 273

   E. Revision of the veto right of the permanent members of the Security Council = 277

  3. Competence = 279

   A. General determination of the competence of the Security Council(Article 24) = 279

   B. Legal effect of the acts of the Security Council(Article 25) = 293

 11. THE SECRETARY-GENERAL = 296

  1. Election = 296

  2. Competence = 302

  3. Legal Status of the Members of the Secretariat = 307

   A. International character = 307

   B. Relationship between the Secretary-General and the members of the staff = 310

   C. Contractual character = 313

   D. Privileges and immunities = 314

   E. Private or public law? = 318

 12. REGIONAL ARRANGEMENTS = 319

  1. Regional Organisation = 319

   A. Arrangements and agencies = 319

   B. Matters appropriate for regional action = 320

   C. Compatibility of regional arrangements with the Charter = 321

  2. Special Competence of the Regional Organisations = 324

   A. Settlement of local disputes = 324

   B. Enforcement actions = 326

 13. LEGAL STATUS OF THE ORGANISATION = 329

  1. General Remarks = 329

  2. International Agreements to be Concluded by the United Nations(Juridical Personality of the Organisation under International Law) = 330

  3. Juridical Personality of the Organisation under the National Law of the Members = 336

  4. Privileges and Immunities = 337

  5. Legal Status of the Seat of the United Nations = 348

PART THREE FUNCTIONS OF THE UNITED NATIONS

 14. QUASI-JUDICIAL SETTLEMENT OF DISPUTES AND ADJUSTMENT OF OTHER SITUATIONS = 359

  1. The General Provisions = 359

  2. The Procedures for the Quasi-Judicial Settlement of Disputes and the Adjustment of other Situations = 372

   A. Settlement by the Security Council = 372

    (a) Procedures instituted by the parties = 373

    (b) Procedures instituted by the Security Council = 387

    (C) Procedures initiated by the General Assembly and by the Secretary-General = 431

    (d) Procedure for settlement of local disputes = 433

    (e) Settlement under Article 39 = 437

    (f) Settlement under Article 94 = 444

    (g) Legal effect of recommendations of the Security Council = 444

   B. Settlement by the General Assembly = 450

 15. JUDICIAL SETTLEMENT OF DISPUTES(THE INTERNATIONAL COURT OF JUSTICE) = 463

  1. General Remarks = 463

  2. The Organisation of the Court = 466

   A. The election of the judges = 466

   B. The qualification of the judges = 471

   C. The seat of the Court = 475

   D. The Court as 'principal judicial organ of the United Nations' = 476

  3. Legal and Political Disputes = 477

  4. The Jurisdiction of the Court = 483

   A. Only states parties before the Court = 483

   B. The states to which the Court is open : the members of the judicial community = 489

   C. Rights and duties of the members of the judicial = 499

   D. Compulsory jurisdiction? = 516

  5. The Law to be Applied by the Court = 531

  6. The Procedure of the Court = 534

  7. Execution of Judicial Decisions = 539

  8. Advisory Opinions = 545

 16. PROTECTION OF NON-SELF-GOVERNING PEOPLES(Chapters XI, XII, XIII of the Charter) = 550

  1. Non-Self-Governing Territories Not Placed under the Trusteeship System(Chapter XI) = 550

  2. The Trusteeship System = 566

   A. Functions and obligations = 566

    (a) Trusteeship and mandate = 566

    (b) The territories to be placed under trusteeship = 570

    (c) The trusteeship agreements = 578

    (d) The approval of the trusteeship agreements = 606

    (e) Functions of supervision = 609

    (f) Obligations of administration = 631

     (aa) Obligations of the administering authority under Chapter XI = 631

     (bb) Obligations of the administering authority under Article 76 = 635

     (cc) Other obligations of the administering authority = 641

    (g) Differences between strategic and non-strategic trust territories = 649

    (h) The Organisation as administering authority = 651

   B. Alteration and termination of the trusteeship status = 653

   C. The Trusteeship Council = 661

    (a) Organisation and procedure = 661

    (b) Relationship of the Trusteeship Council to the General Assembly, the Security Council, and other organs of the United Nations = 669

    (c) Competence of the Trusteeship Council outside the scope of the trusteeship system = 684

   D. Sovereignty = 688

   E. Sanctions = 694

 17. REGISTRATION AND PUBLICATION OF TREATIES = 696

  1.The Obligation of the Members to Submit all Treaties to Registration = 696

  2. The Function of the Organisation of Registering and Publishing Treaties = 698

 18. SANCTIONS = 706

  1.The Concept of 'Sanction' = 706

  2. Expulsion from the Organisation = 710

  3. Suspension from the Exercise of the Rights of Membership = 712

  4. The Effect of Expulsion = 714

  5. Suspension of the Right of Voting in the General Assembly = 717

  6. The Sanction for Non-Compliance with a Judgment of the International Court of Justice = 720

  7. The Sanction for Non-Registration of Treaties = 721

  8. Enforcement Measures = 724

  9. Sanctions or Political Measures? = 732

  10. Collective or Individual Responsibility = 738

  11. Provisional Measures = 739

  12. The Execution of the Enforcement Measures = 744

  13. The Joint Action under Article 106 = 756

  14. International Police Force? = 762

 19. LIMITATIONS ON THE FUNCTIONS OF THE ORGANISATION = 769

  1. Domestic Jurisdiction(Article 2, paragraph 7) = 769

  2. Self-Defence(Article 51) = 791

  3. Action in relation to Former Enemy States(Articles 53, 107) = 805

 20. AMENDMENTS = 816

  1. Amendments to the Charter in the Narrower Sense of the Term = 816

  2. Amendments to the Statute of the International Court of Justice = 823

 21. THE ASSURANCE OF THE INTEGRITY AND INDEPENDENCE OF TRIESTE AND THE GOVERNMENT OF THIS COMMUNITY AS FUNCTIONS OF THE UNITED NATIONS = 825

  1. The Functions Conferred upon the United Nations by the Peace Treaty with Italy = 825

  2. The Competence of the United Nations to Assume and Carry out the Functions Conferred on it by the Peace Treaty with Italy = 832

APPENDICES

 1. TEXT OF THE CHARTER OF THE UNITED NATIONS = 839

 2. TEXT OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE = 866

References to Articles of the Charter = 881

References to Articles of the Statute = 888

Index = 891



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