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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



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