The Law of the United Nations : A Critical Analysis of Its Fundamental Problems (Library of World Affairs)

個数:

The Law of the United Nations : A Critical Analysis of Its Fundamental Problems (Library of World Affairs)

  • 提携先の海外書籍取次会社に在庫がございます。通常2週間で発送いたします。
    重要ご説明事項
    1. 納期遅延や、ご入手不能となる場合が若干ございます。
    2. 複数冊ご注文の場合、分割発送となる場合がございます。
    3. 美品のご指定は承りかねます。
  • 製本 Hardcover:ハードカバー版/ページ数 994 p.
  • 言語 ENG,ENG
  • 商品コード 9781584770770
  • DDC分類 341.23

Table of Contents

Preface: On Interpretation                         xiii
PART ONE THE PURPOSES OF THE UNITED NATIONS
The Preamble 3 (10)
Title of the Instrument and Name of the 3 (2)
Organisation
The Two Sentences of the Preamble 5 (4)
Binding Force of the Preamble 9 (4)
Maintanance of Peace 13 (7)
Prevention and Repression of Breaches of 13 (2)
the Peace
The Function of the Organisation and the 15 (1)
Obligation of the Members
Law and Justice 15 (4)
International Peace 19 (1)
International Co-operation 20 (37)
Political Co-operation 20 (2)
Economic and Social Co-operation 22 (5)
Human Rights 27 (23)
Rights of States 50 (7)
PART TWO ORGANISATION OF THE UNITED NATIONS
Membership 57 (30)
Original Membership 57 (4)
Subsequent Membership 61 (14)
Compulsory Membership? 75 (1)
Membership and Form of Government 76 (2)
Re-entering the Organisation 78 (1)
Admittance of Non-Recognised States 79 (1)
Membership in the Judicial Community of the 79 (3)
United Nations under Article 93 of the
Charter
Membership in the Judicial Community of the 82 (1)
United Nations under Article 35 of the
Statute
Temporary Membership in the United Nations 83 (2)
under Articles 32 and 70 and Indirect
Membership under Article 52 of the Charter
The Relations of Non-Members to the 85 (2)
Organisation
The Obligations of the Members and Non-Members 87 (24)
The Obligation to Fulfil all Obligations 87 (3)
(Article 2, paragraph 2)
The Obligation of Pacific Settlement of 90 (1)
Conflicts (Article 2, paragraphs 3 and 4)
The Obligations to Assist the Organisation 91 (3)
(Article 2, paragraph 5)
Financial Obligations (Articles 17 and 19) 94 (1)
The Obligation to Carry out the Decisions 95 (3)
of the Security Council (Articles 25, 48,
49)
The Obligations with respect to the Seat of 98 (1)
the Organisation
The Obligations with respect to Enforcement 98 (1)
Actions (Articles 43, 44, 45, 48)
The Obligations with respect to the 99 (1)
Exercise of the Right of Self-Defence
(Article 51)
The Obligations in case of Regional 99 (1)
Arrangements (Article 54)
The Obligations with respect to Economic 99 (3)
and Social Co-operation (Article 56)
The Obligations with respect to 102 (1)
Non-Self-Governing and Trust Territories
(Articles 73, 74, 76, 84, 87, 88)
The Obligations with respect to the 102 (1)
Secretariat (Article 100)
The Obligations to Bring All Treaties to 102 (1)
Registration (Article 102)
The Obligations with respect to the Legal 102 (1)
Status of the Organisation its Officials
and the Representatives of its Members
(Articles 104, 105)
The Obligations of Members and other 103 (1)
Parties to the Statute with respect to the
Court
No Obligation of Disarmament 104 (2)
Obligations of Non-Members (Article 2, 106 (5)
paragraph 6)
Conflict of Obligations 111 (11)
Difference between the Charter and the 111 (1)
Covenant of the League of Nations
Conflicts between Treaty Obligations to 112 (1)
which Article 103 Refers
Conflicts between Obligations under the 113 (1)
Charter and Obligations Established by
Treaties Concluded between Members
Conflicts between Obligations under the 113 (2)
Charter and Obligations Established by
Treaties Concluded between Members and
Non-Members
The Obligation Not to Assume Inconsistent 115 (2)
Treaty Obligations and the Obligation to
Take Steps for Release from Inconsistent
Treaty Obligations
Solution of Treaty Conflicts by the 117 (1)
Principle of Priority of Execution of the
Preceding Treaty
No `Automatic' Abrogation 117 (1)
The Meaning of the Term `Obligations of the 118 (1)
Members'
The Charter and the Pact of Paris 119 (3)
Withdrawal from the Organisation 122 (14)
The Commentary of Committee 1/2 of the San 122 (1)
Francisco Conference
The `Exceptional Circumstances' 123 (1)
The Right of Withdrawal and Article 2, 124 (1)
paragraph 6
The Right of Withdrawal as Consequence of 125 (2)
the Principles of Democracy and Sovereignty
Legal Importance of the Commentary of 127 (1)
Committee 1/2
The Right of Withdrawal and the Clausula 128 (2)
rebus sic stantibus
Withdrawal from the Judicial Community 130 (6)
The Organs of the United Nations (General 136 (19)
Remarks)
The `Principal' and `Subsidiary' Organs 136 (9)
The Organs Not Referred to in Chapter III 145 (4)
of the Charter
`Organ' and `Member' 149 (1)
States and Individuals as Organs (Indirect 149 (3)
and Direct International Organs)
The Scope of Article 8 152 (2)
Competence of an Organ as Right or as Duty 154 (1)
The General Assembly 155 (64)
Organisation 155 (21)
Procedure 176 (17)
Sessions 176 (3)
Voting 179 (13)
Differences between the procedure of the 192 (1)
General Assembly and that of the Security
Council
Competence (General Remarks) 193 (26)
Legal and political competence 193 (5)
Competence under Article 10 198 (2)
Competence under Article 11 200 (8)
Competence under Article 14 208 (3)
Revision of treaties 211 (3)
Competence under Article 13 214 (1)
Exclusive, common, concurrent competence 215 (4)
The Security Council 219 (77)
Organisation 219 (18)
Permanent and non-permanent membership 219 (3)
Temporary membership 222 (11)
Representation 233 (3)
Presidency 236 (1)
Procedure 237 (42)
Sessions 237 (2)
Voting 239 (1)
The `concurring votes of the permanent 239 (5)
members' (veto right)
Quorum 244 (1)
The vote of the temporary member under 245 (1)
Article 44
Procedural and non-procedural matters 245 (4)
The statement of the Four Sponsoring 249 (9)
Powers on the voting procedure in the
Security Council
Obligatory abstention from voting 258 (6)
Veto right outside the procedure in the 264 (1)
Security Council
Voting on obligatory and non-obligatory 264 (1)
functions
Incapacity of the Security Council to 265 (1)
reach a decision
Transfer of competence to the General 266 (3)
Assembly
Self-help 269 (2)
Public opinion 271 (1)
Solution outside the Security Council 271 (1)
The `primary responsibilities' of the 272 (1)
Great Powers as justification of their
veto right
Progress as compared with the Covenant? 273 (4)
Revision of the veto right of the 277 (2)
permanent members of the Security Council
Competence 279 (17)
General determination of the competence 279 (14)
of the Security Council (Article 24)
Legal effect of the acts of the Security 293 (3)
Council (Article 25)
The Secretary-General 296 (23)
Election 296 (6)
Competence 302 (5)
Legal Status of the Members of the 307 (12)
Secretariat
International character 307 (3)
Relationship between the 310 (3)
Secretary-General and the members of the
staff
Contractual character 313 (1)
Privileges and immunities 314 (4)
Private or public law? 318 (1)
Regional Arrangements 319 (10)
Regional Organisation 319 (5)
Arrangements and agencies 319 (1)
Matters appropriate for regional action 320 (1)
Compatibility of regional arrangements 321 (3)
with the Charter
Special Competence of the Regional 324 (5)
Organisations
Settlement of local disputes 324 (2)
Enforcement actions 326 (3)
Legal Status of the Organisation 329 (30)
General Remarks 329 (1)
International Agreements to be Concluded by 330 (6)
the United Nations (Juridical Personality
of the Organisation under International Law)
Juridical Personality of the Organisation 336 (1)
under the National Law of the Members
Privileges and Immunities 337 (11)
Legal Status of the Seat of the United 348 (11)
Nations
PART THREE FUNCTIONS OF THE UNITED NATIONS
Quasi-Judicial Settlement of Disputes and 359 (104)
Adjustment of Other Situations
The General Provisions 359 (13)
The Procedures for the Quasi-Judicial 372 (91)
Settlement of Disputes and the Adjustment
of other Situations
Settlement by the Security Council 372 (1)
Procedures instituted by the parties 373 (14)
Procedures instituted by the Security 387 (44)
Council
Procedures initiated by the General 431 (2)
Assembly and by the Secretary-General
Procedure for settlement of local disputes 433 (4)
Settlement under Article 39 437 (7)
Settlement under Article 94 444 (1)
Legal effect of recommendations of the 444 (6)
Security Council
Settlement by the General Assembly 450 (13)
Judicial Settlement of Disputes (The 463 (87)
International Court of Justice)
General Remarks 463 (3)
The Organisation of the Court 466 (11)
The election of the judges 466 (5)
The qualification of the judges 471 (4)
The seat of the Court 475 (1)
The Court as `principal judicial organ of 476 (1)
the United Nations'
Legal and Political Disputes 477 (6)
The Jurisdiction of the Court 483 (48)
Only states parties before the Court 483 (6)
The states to which the Court is open: 489 (10)
the members of the judicial community
Rights and duties of the members of the 499 (17)
judicial community
Compulsory jurisdiction? 516 (15)
The Law to be Applied by the Court 531 (3)
The Procedure of the Court 534 (5)
Execution of Judicial Decisions 539 (6)
Advisory Opinions 545 (5)
Protection of Non-Self-Governing Peoples 550 (146)
(Chapters XI, XII, XIII of the Charter)
Non-Self-Governing Territories Not Placed 550 (16)
under the Trusteeship System (Chapter XI)
The Trusteeship System 566 (130)
Functions and obligations 566 (1)
Trusteeship and mandate 566 (4)
The territories to be placed under 570 (8)
trusteeship
The trusteeship agreements 578 (28)
The approval of the trusteeship agreements 606 (3)
Functions of supervision 609 (22)
Obligations of administration 631 (1)
Obligations of the administering 631 (4)
authority under Chapter XI
Obligations of the administering 635 (6)
authority under Article 76
Other obligations of the administering 641 (8)
authority
Differences between strategic and 649 (2)
non-strategic trust territories
The Organisation as administering 651 (2)
authority
Alteration and termination of the 653 (8)
trusteeship status
The Trusteeship Council 661 (1)
Organisation and procedure 661 (8)
Relationship of the Trusteeship Council 669 (15)
to the General Assembly, the Security
Council, and other organs of the United
Nations
Competence of the Trusteeship Council 684 (4)
outside the scope of the trusteeship
system
Sovereignty 688 (6)
Sanctions 694 (2)
Registration and Publication of Treaties 696 (10)
The Obligation of the Members to Submit all 696 (2)
Treaties to Registration
The Function of the Organisation of 698 (8)
Registering and Publishing Treaties
Sanctions 706 (63)
The Concept of `Sanction' 706 (4)
Expulsion from the Organisation 710 (2)
Suspension from the Exercise of the Rights 712 (2)
of Membership
The Effect of Expulsion 714 (3)
Suspension of the Right of Voting in the 717 (3)
General Assembly
The Sanction for Non-Compliance with a 720 (1)
Judgment of the International Court of
Justice
The Sanction for Non-Registration of 721 (3)
Treaties
Enforcement Measures 724 (8)
Sanctions or Political Measures? 732 (6)
Collective or Individual Responsibility 738 (1)
Provisional Measures 739 (5)
The Execution of the Enforcement Measures 744 (12)
The Joint Action under Article 106 756 (6)
International Police Force? 762 (7)
Limitations on the Functions of the 769 (47)
Organisation
Domestic Jurisdiction (Article 2, paragraph 769 (22)
7)
Self-Defence (Article 51) 791 (14)
Action in relation to Former Enemy States 805 (11)
(Articles 53, 107)
Amendments 816 (9)
Amendments to the Charter in the Narrower 816 (7)
Sense of the Term
Amendments to the Statute of the 823 (2)
International Court of Justice
The Assurance of the Integrity and 825 (56)
Independence of Trieste and the Government of
this Community as Functions of the United
Nations
The Functions Conferred upon the United 825 (7)
Nations by the Peace Treaty with Italy
The Competence of the United Nations to 832 (7)
Assume and Carry out the Functions
Conferred on it by the Peace Treaty with
Italy
APPENDICES
1. Text of the Charter of the United Nations 839 (27)
2. Text of the Statute of the International 866 (15)
Court of Justice
References to Articles of the Charter 881 (7)
References to Articles of the Statute 888 (3)
Index 891