Solidarity: A Structural Principle of International Law

Wolfrum, Rüdiger; Kojima, Chie

doi:10.1007/978-3-642-11177-8

Cited by 19 publications

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“…amend 18 . Still the UN Charter, being a unique international treaty, should come to form the centre point of the updated international legal framework that needs to be respected by all states and further improved.…”

Section: The Need For Increasing Role Of the Un Charter In The Globmentioning

confidence: 99%

“…To give but one example, by way of illustration: not only, of course, will the United Nations have its own instruments, standards and expectations on human rights, but the Council of Europe will have its own, as shall the Organization for Security and Cooperation in Europe (OSCE) 24 . It is enough of a challenge to harmonize any new emerging source of any branch of international law with the United Nations Charter as its «pivot»; but, the international legal order becomes less effective when universal international rules are accompanied by a seemingly limitless range of legal «instruments» and «standards» available from outside «branch sources» or «self-contained 18 To date, the UN Charter has been amended several times. Expansion of the UN Security Council from 11 to 15 members, with the majority required for action being increased from 7 to 9 votes (1965); expansion of UN Economic and Social Council from 18 to 27 members (1965); amendment of Article 109 (in Chapter XVIII, Amendments; 1968); expansion of the UN Economic and Social Council from 27 to 54 members (1973).…”

Section: The Need For Increasing Role Of the Un Charter In The Globmentioning

confidence: 99%

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Towards Cementing International Law through Renaissance of the United Nations Charter

2020

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INTRODUCTION. This year is the 75-th anniversary of the Great Victory of the Allies – Britain, the Soviet Union and the USA – over Nazi Germany. The most important legal result of this victory has become the Charter of the United Nations – the universal treaty initiated by Great Britain, the Soviet Union and the USA (and later – by China and France) aiming to save succeeding generations from the new world war by establishing United Nations mechanisms to maintain international peace and global security. The UN Charter has since become the foundation of modern international law, respected by States across continents and generations. That seems, however, to begin changing after the collapse of the Warsaw Pact, when its former-members «socialist» European countries (including Bulgaria and Poland) became a part of the Western military bloc – North Atlantic Treaty Organization (NATO). NATO seems to demonstrate now a new attitude to fundamental principles of the UN Charter, first of all, to the principle relating to the use of armed force only according to the UN Charter. NATO States-members launched in 1999 an air campaign against Serbia without authorization by the Security Council; then an ad hoc western coalition, led by the United States, resorted to armed force in 2003 against Iraq and organized in the occupied territory of Iraq the death penalty of the President Saddam Hussein. Even some western European States, France and Germany, first of all opposed such military action of the USA for ignoring the UN Charter. The apparent involvement of the USA in the unconstitutional removal of the Ukrainian President Yanukovich from power in Kiev in 2014 and the subsequent local war between those who recognize such a discharge as legitimate and those who do not (both referring to the right of self-defense) – these facts make the problem of international peace especially urgent. In this political environment, the risks of World War III seem to be increasing. This paper addresses such challenges to modern international law.MATERIALS AND METHODS. Th background of this research is represented by the teachings of distinguished scholars and other specialists in international law, as well as international materials including documents of the international conferences relevant to the topic. Some of such materials are alarming, noting that the international legal system is in danger of collapse and it is doubtful whether an international legal order will be possible in the coming decades at all. Others are not so pessimistic. The analytical framework includes also suggested interpretations of the UN Charter and other international treaties regulating interstate relations in the area of global security. The research is based on a number of methods such as comparative law and history of international law, formal logic, including synthesis of relevant facts and analogy.RESEARCH RESULTS. It is acknowledged that there is a need for a more coherent international legal order, with the system of international law being at its heart. Within the context of applicable principles and norms of international law, this article specifically provides the results of analysis of the following issues:1) centrifugal interpretations of international law as they are reflected in its sources; 2) the need for increasing the role of the UN Charter in the global international legal framework; 3) modern values of the UN Charter as an anti-confusion instrument; 4) the contemporary meaning of the Principles embedded in the UN Charter; 5) comparison of the main principles of international law and general principles of law; 6) jus cogens and the UN Charter.DISCUSSION AND CONCLUSIONS. After discussing the issues noted above, this paper concludes that it is in the interest of the community of states as a whole to clarify the normative structure and hierarchy of modern international law. Greater discipline will need to be demonstrated in the use and classification of principles of international law and general principles of law in the meaning of Article 38 of the ICJ Statute. The content of jus cogens norms most probably will be gradually identified, after diffi lt discussions across the international community, both at interstate level and among academics. At the heart of such discussions may be the conclusion suggested in this paper on the peremptoriness of the principles of the United Nations Charter – Articles 1 and 2. Such an approach will further promote international law at the advanced quality of regulation of international relations and, for the good of all mankind, assist in the establishment of an international environment much more dependent on the rule of law.

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Section: The Need For Increasing Role Of the Un Charter In The Globmentioning

confidence: 99%

Section: The Need For Increasing Role Of the Un Charter In The Globmentioning

confidence: 99%

Towards Cementing International Law through Renaissance of the United Nations Charter

2020

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Application of World Law by International Courts and Tribunals to Protect the Environment

Spijkers

2022

The Environment Through the Lens of International Courts and Tribunals

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Solidarity and Differentiation: Moral and Legal Obligations of States in Addressing Global Challenges - The Case of Climate Change

Jacur

2022

Netherlands Yearbook of International Law 2020

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The pursuit of global challenges, like climate change and reactions to health emergencies, unveils the inherent contrast between individual interests and collective action. In front of these threats, States primarily act in their self-interest, but soon realize that an effective and long-lasting solution to the threat is achieved only through a coordinated common effort. Hence, cooperation, equity and solidarity are crucial to successfully address these major crises and find their roots in the wake of the compromise between selfinterest and awareness of the necessity to act jointly. Are these ethical concepts vested only with a moral nature, or have they also acquired a legal dimension in the international legal order? And, if so, do they give rise to specific duties and obligations upon States? The purpose of this contribution is, firstly, to understand how solidarity and equity apply in the general context of public international law. Secondly, since climate change is deeply influenced by equity through the principle of common but differentiated responsibilities (CBDR), this contribution examines whether, and if so how, the differentiation of obligations across States Parties in the climate change regime reflects the principles of equity and solidarity. Keywords (separated by '-')Moral obligations -solidarity -equity -global challenges -climate change regime -Principle of common but differentiated responsibilities and respective capabilities (CBDR-RC)

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Solidarity: A Structural Principle of International Law

Cited by 19 publications

References 0 publications

Towards Cementing International Law through Renaissance of the United Nations Charter

Towards Cementing International Law through Renaissance of the United Nations Charter

Application of World Law by International Courts and Tribunals to Protect the Environment

Solidarity and Differentiation: Moral and Legal Obligations of States in Addressing Global Challenges - The Case of Climate Change

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