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The Charter of the United Nations in Constitutional Perspective

The Charter of the United Nations in Constitutional Perspective The Charter of the United Nations in Constitutional Perspective Ronald Macdonald" The purpose of this paper is to consider the Charter of the United Nations (UN) and its associated provisions, as represented by certain multilateral conventions, resolutions and declarations, from a constitutional point of view. It seeks to determine whether the Charter is a mere treaty, albeit with universal scope and near-universal membership, restating general principles of international law, or whether it is recognised as a world constitution increasingly influential in the creation and consolidation of a universal legal community.i This question is increasingly important in view of the number of states members of the UN and the variety of situations that call for more detailed regulation in the management of international affairs. The constitutionalist perspective is about the establishment of important, albeit limited, supranational competencies and the adjustment of national legal orders to the existence and recognition of such competencies at the international leve1. To consider the Charter of the UN and its extensions as the constitution of the international community tout court marks a significant step towards change and centralisation at the expense of classical sovereignty in international society. Constitutionalism is also about democratic governance and respect http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

The Charter of the United Nations in Constitutional Perspective

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-020-01-900000013
Publisher site
See Article on Publisher Site

Abstract

The Charter of the United Nations in Constitutional Perspective Ronald Macdonald" The purpose of this paper is to consider the Charter of the United Nations (UN) and its associated provisions, as represented by certain multilateral conventions, resolutions and declarations, from a constitutional point of view. It seeks to determine whether the Charter is a mere treaty, albeit with universal scope and near-universal membership, restating general principles of international law, or whether it is recognised as a world constitution increasingly influential in the creation and consolidation of a universal legal community.i This question is increasingly important in view of the number of states members of the UN and the variety of situations that call for more detailed regulation in the management of international affairs. The constitutionalist perspective is about the establishment of important, albeit limited, supranational competencies and the adjustment of national legal orders to the existence and recognition of such competencies at the international leve1. To consider the Charter of the UN and its extensions as the constitution of the international community tout court marks a significant step towards change and centralisation at the expense of classical sovereignty in international society. Constitutionalism is also about democratic governance and respect

Journal

The Australian Year Book of International Law Online – Brill

Published: Jan 1, 2000

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