THE AMBIT OF POWERS OF THE UNITED NATIONS CHARTER: A REVIEW OF ARTICLES 25 AND103

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NOPARAST ZAHRA

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Journal: POLITICAL SCIENCE QUARTERLY Year:2011 | Volume:- | Issue:16 Page(s): 5-25

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Title

THE AMBIT OF POWERS OF THE UNITED NATIONS CHARTER: A REVIEW OF ARTICLES 25 AND103

Author(s)

NOPARAST ZAHRA | Issue Writer Certificate

Keywords

AMBIT OF POWERSQ3

UNITED NATIONS CHARTERQ2

ARTICLES25 AND 103 OF CHARTERQ3

Abstract

During the lifetime of the United Nations the application of article103 of the Charter has never been so frequent as in the last20 years. This Article stipulates that in the event of a conflict between the obligations of the members under the Charter, and their obligations under any other international agreements, the former shall prevail. Complications arise when the Security Council issues mandatory decisions, which overlook treaty-based obligations of Member States. This practice is based on the combination of articles25 and 103; the latter declares that Member States agree to accept and implement decisions of the Security Council. The present essay reflects on the views of international law experts on the interpretation of articles25 and 103, in three parts. Firstly, four main frequent questions regarding article103 are examined as follows: does article103 imply rights in addition to duties; does it include only the obligations coming from treaties, or those of customary international law and jus cogens as well; does article103 include all the mandatory decisions of the Council and lastly, what is the position of the Convention on the law of Treaties on this subject? In the second section, the AMBIT OF POWERS of the Security Council according to articles24 and 25 is discussed. The third part of the article, while giving superlative importance to the letter and spirit of the Charter, puts forward the analysis of the present author. In order to encourage further discussion on the subject and attract the attention of young international law experts, the conclusion ends with a fresh question as follows: “In the event of contradiction between the provisions of the Charter and a mandatory resolution of the Security Council, which one has priority?”

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APA: Copy

NOPARAST, ZAHRA. (2011). THE AMBIT OF POWERS OF THE UNITED NATIONS CHARTER: A REVIEW OF ARTICLES 25 AND103. POLITICAL SCIENCE QUARTERLY, -(16), 5-25. SID. https://sid.ir/paper/174022/en

Vancouver: Copy

NOPARAST ZAHRA. THE AMBIT OF POWERS OF THE UNITED NATIONS CHARTER: A REVIEW OF ARTICLES 25 AND103. POLITICAL SCIENCE QUARTERLY[Internet]. 2011;-(16):5-25. Available from: https://sid.ir/paper/174022/en

IEEE: Copy

ZAHRA NOPARAST, “THE AMBIT OF POWERS OF THE UNITED NATIONS CHARTER: A REVIEW OF ARTICLES 25 AND103,” POLITICAL SCIENCE QUARTERLY, vol. -, no. 16, pp. 5–25, 2011, [Online]. Available: https://sid.ir/paper/174022/en

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