UN Charter Flashcards
Article 2(4)
heart of the UN charter or the cornerstone of peace in IL
all states legally engaged not to resort to a threat or use of force in their IR against the territorial integrity or political independence of another country
Article 2(3)
peaceful settlement of disputes
Article 33
means of judicial settlement of dispute
peaceful settlement mechanisms
Article 2(7)
respect for domestic affairs and non-intervention
UN cannot interfere to internal matters of a state
founding fathers did not want to create a super-state out of the UN
Article 39
defines threats to peace and security which allows us to impose sanctions or use of force
qualifies coercive recourse and the pre-condition for the recourse to coercive measures (Art 41 and Art 42)
Chapter 6, Article 33
great diversity of peaceful settlement mechanisms that states can activate
Article 38
legal sources ICJ judges use during peaceful settlement of disputes showing it is not arbitration meaning it is pre-fixed
Article 41
UN SC’s power to adopt non-military coercive measures
measures not involving the use of force
- diversity of measures that can be imposed
e.g. limitation/interruption of diplomatic representations (embassies) and consular services, arms embargo, selected embargoes, general embargoes, etc.
Article 42
UN SC’s power to use military coercive measures and force
Article 23
UN SC also made up of 10 countries elected from regional groups
Article 27(3)
veto article for the UN SC from a permanent member
Chapter 6
peaceful settlement of disputes
aims to prevent the emergence of a threat to peace and prevent a danger from arising
Chapter 7
coercive powers of the UN SC
actions with respect to threats to peace, breaches of peace and acts of aggression
activated if the threat to peace has already emerged
Article 40
predatory phase, provisional measures, non-obligatory/not mandatory process of launching coercion
Article 25
obligation for member states to comply with sanctions and agree to submit to the SC
legal basis of the SC prerogative to impose sanctions