Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Consequences

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The question arises whether it is possible to deduce from the constitutional character of the United Nations Charter any more specific consequences. The idea - prominent in U.S. legal doctrine - that the 'original intent' of the 'Founding Fathers' should be decisive in constitutional interpretation has not met with a favorable reception in international constitutional thought. The international legal community is made up of all subjects of international law - sovereign states, states enjoying a limited international legal personality, intergovernmental organizations, peoples and minorities, belligerent parties, individuals, as well as special entities like the Holy See. The most notable exceptions to the principle of a right to membership for states that desire it were the cases of the divided states: Germany, Korea and Vietnam. Article 5 of the Charter provides an adequate and sufficient sanction if a state has breached the law of the constitution.

Keywords: constitutional interpretation; international law; international legal community; U.S. legal doctrine; United Nations Charter

10.1163/ej.9789004175105.i-216.30
/content/books/10.1163/ej.9789004175105.i-216.30
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The United Nations Charter as the Constitution of the International Community — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation