THE CONFLICT BETWEEN THE CONSTITUENT INSTRUMENT OF INTRNATIONAL ORGANIZATION AND THE SECURITY COUNCIL RESOLUTIONS

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HADADI MAHDI; AHADI KARNAGH ALI

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Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2018 | Volume:19 | Issue:57 Page(s): 39-70

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Title

THE CONFLICT BETWEEN THE CONSTITUENT INSTRUMENT OF INTRNATIONAL ORGANIZATION AND THE SECURITY COUNCIL RESOLUTIONS

Author(s)

HADADI MAHDI | AHADI KARNAGH ALI | Issue Writer Certificate

Keywords

INTERNATIONAL ORGANIZATIONSQ2

SECURITY COUNCILQ2

EUROPEAN UNIONQ2

ARTICLE 103 OF THE CHARTER OF UNITED NATIONSQ1

UN PRACTICEQ1

Abstract

Today, INTERNATIONAL ORGANIZATIONS play an important and effective role in implementing the decisions of the United Nations SECURITY COUNCIL. In this way, the conflict between the constituent instrument of INTERNATIONAL ORGANIZATIONS and The SECURITY COUNCIL Resolutions may arise. There are two approaches in this field.1- The EUROPEAN UNION approach, according to it The Internal law of INTERNATIONAL ORGANIZATIONS has priority on The United Nations SECURITY COUNCIL Resolutions.2- Priority of the SECURITY COUNCIL Resolutions according to the ARTICLE 103 OF THE CHARTER OF UNITED NATIONS. The authority, who wants to construe the priority, has an important role in applying one of the two approaches. The European Court of Justice has choosed the first approach in order to maintain its fundamental values against the SECURITY COUNCIL resolutions that are in contrast with them and the United Nations practice shows the priority of the latter approach, according to it the SECURITY COUNCIL resolutions are the integral part of the Charter's obligations.

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APA: Copy

HADADI, MAHDI, & AHADI KARNAGH, ALI. (2018). THE CONFLICT BETWEEN THE CONSTITUENT INSTRUMENT OF INTRNATIONAL ORGANIZATION AND THE SECURITY COUNCIL RESOLUTIONS. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 19(57 ), 39-70. SID. https://sid.ir/paper/225197/en

Vancouver: Copy

HADADI MAHDI, AHADI KARNAGH ALI. THE CONFLICT BETWEEN THE CONSTITUENT INSTRUMENT OF INTRNATIONAL ORGANIZATION AND THE SECURITY COUNCIL RESOLUTIONS. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2018;19(57 ):39-70. Available from: https://sid.ir/paper/225197/en

IEEE: Copy

MAHDI HADADI, and ALI AHADI KARNAGH, “THE CONFLICT BETWEEN THE CONSTITUENT INSTRUMENT OF INTRNATIONAL ORGANIZATION AND THE SECURITY COUNCIL RESOLUTIONS,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 19, no. 57 , pp. 39–70, 2018, [Online]. Available: https://sid.ir/paper/225197/en

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