Admission to the United Nations : Charter Article 4 and the rise of universal organization
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Bibliographic Information
Admission to the United Nations : Charter Article 4 and the rise of universal organization
（Legal aspects of international organization, v. 50）
Martinus Nijhoff Publishers, 2009
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Includes bibliographical references (p. [301]-312) and index
Description and Table of Contents
Description
The United Nations began as an alliance during World War II. Eventually, however, the UN came to approximate a universal organization - i.e., open to and aspiring to include all States. This presents a legal question, for Article 4 of the Charter contains substantive criteria to limit admission of States to the UN and no formal amendment has touched that part of the Charter. This book gives an up-to-date account of admission to the UN, from the 1950s 'logjam' through on-going controversies like Kosovo and Taiwan. With reference to Charter law, the book considers how Article 4 came to accommodate universality and what the future of a universal organization in a world of politically diverse States might be.
Table of Contents
- PREFACE AND ACKNOWLEDGMENTS
- TABLE OF CASES
- TABLE OF TREATIES AND OTHER INSTRUMENTS TABLE AND FIGURES
- LIST OF ABBREVIATIONS INTRODUCTION 1 Admission under the UN Charter 1.1 The Constitutive Function of Admission 1.2 Admission Mechanisms: Article 4(2) 1.3 Admission Criteria: Article 4(1) 2 The Early Years: Implementing Article 4? 2.1 Introductory 2.2 The Argentine Controversy 2.3 Advisory Opinion on Conditions of Admission (1948) The Court's Analysis Negative Votes and Non-application of the Substantive Criteria Elaborating the Criteria for Admission 2.4 Substantive Criteria and the Procedures for Admission Rules of Procedure Implementation - Committee on Admission of New Members: Questionnaires and Applicant Responses - Disuse of the Committee on Admission 3 The Road to Universality: The Admissions of 1955-6 3.1 The 'Logjam' 3.2 The General Assembly and the Non-admissibility of Spain 3.3 Universality as Legal Requirement? Universality Defined - A UN Principle - A Measure of Tasks and Potential Universality in the Charter as a Whole Universality and Sovereign Equality 3.4 Universality as Policy Decision 3.5 The Package Deal Japan
- Mongolia
- Albania
- Jordan
- Hungary
- Romania
- Bulgaria
- Libya
- Spain
- Conclusions 4 Universality Affirmed: The Eclipse of Substantive Admission Criteria 4.1 Universality under Charter Law: The Views of States after the Package Deal 4.2 The Charter after Eclipse of the Substantive Criteria Practice as Effecting Change in the Constitutive Instrument Interpretation or Amendment? - General Considerations - Article 4(1): Interpreted or Amended? Entrenchment of Article 4(1) Practice 5 Admission after the Package Deal 5.1 Statehood as the Residual Criterion Claims to the Territory of a State The 'Divided States' - Germany
- Korea - Conclusion Taiwan - Introductory - Resolution 2758 (XXVI): A Question of Credentials - One China, One Membership - Limiting the Territorial Scope of Credentials - Status of Taiwan: Early Signs of Consolidation - Original Membership: a Basis for Special Rights? - Taiwan's Applications for Admission - Status Redux: Erosion and Consolidation Kosovo 5.2 Contested Admission as the Exceptional Case 6 Universality Achieved: Micro-States, Neutral States, and the Residue of Empires 6.1 Independence of States in the 1990s Macedonia Other States in the Former Yugoslavia - Yugoslavia: Extinction, Continuity, or Improvisation? - Slovenia, Croatia, and Bosnia and Herzegovina States in the Former USSR - Introductory - The Agreed End of Soviet Power - The Baltic States - Ukraine and Belarus: Union Republics as Original Members - Georgia - Other Territories of the USSR Czech and Slovak Republics 6.2 Very Small Island States 6.3 The European Micro-States 6.4 Switzerland 6.5 Conclusion 7 Consequences of Admission 7.1 Legal Consequences of Admission as a Member State Statehood and UN Membership International Responsibility Access to the International Court of Justice Participation in other UN Processes The Presumption of Continuity of Membership 7.2 Universality and the Future of International Organization Minimum Access to Processes of International Relations Consolidation of the International Community as a Whole Universal Vocation versus Sectoral Tasks CONCLUSION BIBLIOGRAPHY INDEX
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