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Enemy State Clauses

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Chapter Summary

The United Nations was initially an alliance of the World War II victors. Articles 53 (1) 2, 53 (2) and 107 of the UN Charter, known as the &t;enemy state clauses,&t; highlight this aspect. The &t;enemy state clauses&t; were meant to exclude temporarily the states that were defeated in World War II, notably Germany, Japan and their allies, from the peacekeeping system of the UN Charter. The &t;enemy state clauses&t; never gained practical importance, even though the Soviet Union repeatedly threatened to use them. It could be either disregarded because of enduring non-application (desuetudo) or considered obsolete because of their transitory nature. A political and legal anachronism, the &t;enemy state clauses&t; are likely to fall victims to the next revision of the Charter.

Keywords: enemy state clauses; UN charter; World War II victors



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