German Constitutional Court Considers Self-Defence Against Non-State Actors a Tenable Interpretation of Article 51 of the Un Charterdoi:10.2139/ssrn.3473211use of forceself-defencenon-State actorsGerman Constitutional CourtIn its Order of 17 September 2019, the Second Senate of the German Federal ...
While article 2, Para. 4 of UN Charter refrain all member states from threat or use of force against the territorial integrity or political independence of any states, or in any other manner inconsistent with the purpose of the United Nation, it is forbi
fi tting tribute to Karel Wellens for he is not only an eminent international lawyer with an eye for its evolving dimension, but he is also a principled man willing to put his foot down when he is convinced that the right principles are not being applied in the interpretation of the law....
If the UN Charter is seen as a world constitution, and if all states do their part to implement the UN's agenda, we can have peace and prosperity. All human beings share similar needs and aspirations, which the UN Charter acknowledges. Let us apply the UN mechanisms in the...
Since the World War II, the promotion of peace and stability has been a key priority outlined in the Charter of the United Nations (UN), calling for collective action from the international community [1]. The first UN peacekeeping mission was established in May 1948, when the UN Security ...
The article argues that recourse to one or the other from among the available interpretive methods can be influenced in individual cases by political and judicial contingencies, and that as a whole the interpretation of Security Council powers under the Charter is an evolving process, the variations...
Subsequent WTO decisions followed this interpretation. For instance, in EC-Bananas III, the panel explained that: "advantages" in the sense of GATT Article I:1 are those that create 'more favourable import opportunities' or affect the commercial relationship between products of different origins.49...
Gaetano Arangio-Ruiz."The‘Federal Analogy’and UN Charter Interpretation:A Crucial Issue".European JournalofInternational Law. 1997Ruiz."The‘Federal Analogy’and UN Charter Interpretation:A Crucial Issue"..Ruiz, G. A. (1997). The federal analogy and UN charter interpretation: A crucial issue. ...
(Dawkins,2015; Rhodes et al.,2020). In a moderate interpretation of this normative project, Brand et al. (2020) have suggested that deliberation can be a fruitful approach only when dissensus is accepted as a legitimate possibility, and less powerful actors clearly have the right to express ...
Lastly, Chapter 4 draws the conclusions on the interpretation of Article 51, on the basis of its meaning, object and purpose as well as the discernable intention of the parties.doi:10.1007/978-90-6704-796-8_5Kinga Tibori SzabóT. M. C. Asser Press...