Admission to the United Nations by Thomas D. Grant

By Thomas D. Grant

The United countries started as an alliance in the course of global conflict II. finally, notwithstanding, the UN got here to approximate a common association - i.e., open to and desiring to contain all States. This provides a felony query, for Article four of the constitution includes noticeable standards to restrict admission of States to the UN and no formal modification has touched that a part of the constitution. This e-book provides an updated account of admission to the UN, from the Nineteen Fifties 'logjam' via on-going controversies like Kosovo and Taiwan. on the subject of constitution legislation, the booklet considers how Article four got here to house universality and what the way forward for a common association in an international of politically different States may be.

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As States remain the chief building blocks of global public order, this would number among the most consequential effects of admission. The admission provisions of the Charter are significant in another sense: they are unlikely to change, which is to say the words of Article 4 have been the same since 1945, and amendment is unlikely. 22 The provisions of the Charter governing admission of States to the Organization have never been formally amended, and so the relevant language has been a fixed quantity.

67, 67–8 ¶ 2; Advisory Opinion, ICJ Rep 1980 pp. 73, 76–7 ¶¶ 11–12. To the request in 1993 by the World Health Organization (ICJ Rep 1993 p. 467), the Court determined however that it could not exercise advisory jurisdiction. The Court said as follows: Interpreted in accordance with their ordinary meaning, in their context and in the light of the object and purpose of the WHO Constitution, as well as of the practice followed by the Organization, the provisions of its Article 2 may be read as authorizing the Organization to deal with the effects on health of the use of nuclear weapons, or of any other hazardous activity, and to take preventive measures aimed at protecting the health of populations in the event of such weapons being used or such activities engaged in.

59 An application for admission, ‘[u]nless the Security Council decides otherwise,’ is to be referred for further examination 54 55 56 57 58 59 SC res 158, 28 Sept 1960. ’ The letter and resolution 158 were distributed under the title ‘Application of the Republic of Senegal for Membership in the United Nations’: A/4513. The General Assembly, in its resolution admitting Senegal to membership, refers to the ‘Security Council recommendation of 28 September 1960’: GA res 1490 (XV), 28 Sept 1960. SC res 159, 28 Sept 1960.

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