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The UN Charter As A Constitution

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Chapter Summary

The position of non-member states under the Charter - a question which has lost most of its practical relevance after the United Nations (UN) has acquired a quasi-universal membership - continues to have a high theoretical, or doctrinal, importance. In fact, in the work of Verdross and Simma the designation of the Charter as a 'constitution' does not have consequences of any importance either for member states or for non-member states. A number of features of an 'ideal' constitution, as conceived according to Max Weber's methodology, can be recognized in the Charter of the UN. The constitutional goals of the Charter are confirmed by its opening words ('We the Peoples of the UNs') which are modelled on the preamble of the Constitution of the United States. The UN Charter includes express provisions relating to legislation, the administration of law, and adjudication.

Keywords: adjudication; constitutional goals; member states; UN Charter



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