bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 25
Authors: Peters Anne 
Published: September 2024

Abstract
This chapter examines Art 25 of the UN Charter, which provides that ‘the Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter’. During the San Francisco Conference, the principle underlying Art 25, namely that the Organization was to possess a binding decision-making power, was not questioned. The proposal to limit the binding force of the decisions of the SC to those taken under Chapters VI, VII, and VIII did not meet with sufficient support. Despite the adherence by the majority of the participants at the San Francisco Conference to the provision of binding decisions by the SC beyond Chapter VII of the Charter, the true scope of Art 25 of the Charter eventually remained open. This has led to controversies in UN practice and in scholarship over the meaning of Art 25. In addition, Art 25 has been rarely explicitly cited in decisions adopted by the SC.
Article 26
Authors: Koch Nikolaus , Schütz Hans-Joachim 
Published: September 2024

Abstract
This chapter evaluates Art 26 of the UN Charter. Article 26 provides that ‘in order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments’. It is one of three Articles in the UN Charter which deal with armaments and their possible limitation, the other two Articles being Arts 11 (1) and 47 (1). In order to qualify as ‘plan’ within the meaning of Art 26, a proposal must possess a certain degree of concreteness and must contain specific practical measures. Plans merely containing abstract principles and statements do not satisfy the requirements of Art 26.
Article 31
Authors: Kreuter-Kirchhof Charlotte 
Published: September 2024

Abstract
This chapter describes Art 31 of the UN Charter. According to Art 31, ‘any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected’. Non-member States are invited to participate only when they are parties to a dispute. In the light of the wording of Art 31, it might be argued that a State is not ‘specially affected’ if the consequences of a SC resolution touch upon fundamental interests of the international community as a whole. However, the practice of the SC has so far been to assume that the right of the State to participate is not diminished by the fact that other States of a region or of a continent are affected in the same manner.
Article 33
Authors: Tomuschat Christian 
Published: September 2024

Abstract
This chapter studies Art 33 of the UN Charter. Generally, Art 33 (1) can be characterized as a fundamental policy rule which divides the areas of responsibility of the parties to a dispute. Primary responsibility rests with the parties, which means that the competence of the Security Council and that of the General Assembly is subsidiary. Non-exhaustion of the existing ways and means of peaceful settlement can therefore be raised as a preliminary objection to all these organs’ efforts at mediation. In practice, however, the SC is hardly ever impressed by such objections. Article 33 (2), on the other hand, sets forth one of the various powers of the SC. By appealing to the parties to do what in any event they are bound to do under Art 2 (3), the SC refers responsibility back to them. In such instances, the SC refrains from taking a stance on the substance of the conflict. Nonetheless, an appeal made in accordance with Art 33 (2) can be supported at the diplomatic level through appropriate efforts by members of the SC.
Article 36
Authors: Giegerich Thomas 
Published: September 2024

Abstract
This chapter highlights provisions contained in Art 36 of the UN Charter on certain dispute-settlement powers of the Security Council. It points out how the SC may recommend appropriate procedures or methods of adjustment. It also mentions the League Covenant, which urged the member States to submit their legal disputes to arbitration. Article 36 (3) demonstrates a preference for referring disputes to the International Court of Justice, the principal judicial organ of the UN. It categorizes Art 36 powers of the SC as those of good offices, but with an additional element of procedural mediation.
Responsibility to Protect
Authors: Vashakmadze Mindia 
Published: September 2024

Abstract
This chapter details the failure of the international community to avert major humanitarian disasters in Rwanda (1994) and Srebrenica (1995), which demonstrated the need to rethink the role of States and the international community in preventing mass atrocity crimes. It looks at the report of the Canadian-sponsored International Commission on Intervention and State Sovereignty (ICISS) on the concept of the responsibility to protect. It also considers the 2005 World Summit Outcome Document as the most authoritative statement of the responsibility to protect (R2P). The chapter discusses how the United Nations Security Council invoked R2P when it authorized member States to protect civilians from repressive government forces in Libya. It provides a legal analysis of the R2P concept, addressing its normative implications from an international law perspective.
Article 40
Authors: de Wet Erika 
Published: September 2024

Abstract
This chapter analyses Art 40 of the UN Charter discussing how the Security Council may call upon the parties concerned to comply with provisional measures to prevent an aggravation of a situation of conflict. It mentions the Dumbarton Oaks Proposals that included provisional measures that were raised by China and immediately accepted by the United States, the Soviet Union, and the United Kingdom. It also discusses Res 1696 (2006) against Iran that required the suspension of a diverse range of activities pertaining to the enrichment and reprocessing activities of uranium, including research and development. The chapter details provisional measures that encompass demands for the suspension of hostilities, troop withdrawal, and agreement on or adherence to a ceasefire. It highlights measures classified under Art 40 that have been adopted in relation to internal conflicts and were originally envisaged for parties to inter-State conflicts.
Article 41
Authors: de Wet Erika 
Published: September 2024

Abstract
This chapter explains Art 41 of the UN Charter, which covers the Security Council that may decide what measures not involving the use of armed force are to be employed to give effect to its decisions. It recounts how the SC agreed on a mandatory embargo against the racist minority regime of Southern Rhodesia in 1996. It also reviews measures on the complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. The chapter looks at guidelines for assessing the humanitarian implications of sanctions, including mechanisms for reviewing their humanitarian impact in some resolutions. It describes the systematic shift to narrowly tailored targeted sanctions in the late 1990s that fits into the pattern of obtaining a better balance between the efficacy of measures and unintended adverse humanitarian consequences.
Article 44
Authors: Novak Gregor , Reinisch August 
Published: September 2024

Abstract
This chapter discusses Art 44 of the UN Charter, which regulates the participation in Security Council decisions on military action of States that have placed forces at its disposal. It analyses the general significance of the collective security of Art 44 within the UN system. It also explains that Art 44 informs the practical arrangements that have developed in the context of peacekeeping forces authorized by the SC. The chapter reviews the debates within the SC that have frequently concerned the importance of cooperation and consultation of the SC with troop- and police-contributing States and their participation in the context of peacekeeping operations. It points out that Art 44 has no model in the Dumbarton Oaks Proposals but was nonetheless later included in the Charter.
Article 46
Authors: Novak Gregor , Reinisch August 
Published: September 2024

Abstract
This chapter analyses the concept of concerted military planning built upon the experience of World War II, including the coordinated Anglo-American planning under a system of Combined Chiefs of Staff. It details that the UN Charter drew on French demands in the framework of the League of Nations for more effective enforcement measures through advance military planning. It also considers Art 46 as an introduction to paragraph 9 of the Dumbarton Oaks Draft Proposals. The chapter discusses how Art 46 can refer to long- and medium-term advance military planning. It describes national military planning, such as military alliances, that are usually directed towards potential conflict scenarios and external threats.
Article 50
Authors: Novak Gregor , Reinisch August 
Published: September 2024

Abstract
This chapter looks at the purpose of Art 50 of the UN Charter, which is to aid States that incur economic difficulties as a result of preventive and enforcement measures undertaken by the Security Council. It discusses the issue of the potential unintended consequences of preventive or enforcement measures by the SC that has been raised regularly in SC debates. It also reviews the draft of Art 50, which was modified in order to make it clear that the State against which sanctions were being taken was not to be the beneficiary of the provision. The chapter points out how Art 50 provides member States and non-member States with the right to consult the SC. It implies that the scope of Art 50 is limited to special economic problems arising from carrying out UN sanctions.
Article 55 (a) and (b)
Authors: Stoll Tobias 
Published: September 2024

Abstract
This chapter covers Art 55 (a) and (b) of the UN Charter, which states that the UN is built on the understanding that peace needs to be secured by economic and social welfare and by the realization of human rights. It details how the cooperation of UN and its members became a key area of activity to many bodies of the UN System. It also recounts how Art 55 resulted from the strands of thought that developed at the close of World War II. The chapter considers Art 55 as representative of an early and prominent example for what was later coined ‘the law of co-operation’. It reviews rules on cooperation that vary in view of the degree of commitment undertaken and in regard to the definition of contributions that States have to make.
Article 55 (c)
Authors: Frenz Eva , Hanschel Dirk 
Published: September 2024

Abstract
This chapter focuses on Art 55 (c) of the UN Charter, which is of great relevance and has constituted the basis for a whole range of mechanisms on human rights protection over the decades. It shows how Art 55 (c) obliges the UN and the State parties to respect and observe human rights as an inevitable step to meet the objective of protection of human rights. It also discusses the demand of Art 55 (c) for the universal respect of human rights and fundamental freedoms, including the claim for universality. The chapter highlights the distinction of Art 55 (c) between ‘universal respect for’ and ‘observance of’ human rights and looks at the limited or conclusive wording of the non-discrimination clause in Art 55 (c) that might be seen as an expression of its strength.
Human Rights Council
Authors: Miklasová Júlia , Nussberger Angelika 
Published: September 2024

Abstract
This chapter discusses the Human Rights Council which is an inter-governmental body within the United Nations System that is responsible for the promotion and protection of all human rights around the globe. It considers the Human Rights Council as the lynchpin of the UN human rights machinery that brings together States, independent experts, UN staff, and civil society actors. It also describes the Human Rights Council as a subsidiary organ of the General Assembly within the United Nations institutional architecture. The chapter discusses the forty-seven members of the Human Rights Council that are elected by the UN General Assembly in line with the principle of equitable geographical distribution. It recounts the abolition of the Human Rights Commission and the creation of the Human Rights Council which was seen as a remarkable innovation within the UN institutional architecture.
Article 62
Authors: Röben Volker 
Published: September 2024

Abstract
This chapter covers Art 62 of the UN Charter, which contains a general definition of the functions and powers of the Economic and Social Council (ECOSOC). It explains that Art 62 states the issue areas in which ECOSOC functions, such as economic, social, cultural, educational, health, and related matters. It also highlights the promotion of respect for and observance of human rights and fundamental freedoms for all. The chapter encompasses matters that are capable of being furthered by international cooperation and where international cooperation will remove causes for conflict between States and within States. It emphasizes that Art 62 does not encompass political matters or particular legal disputes between States.
Article 65
Authors: Klimke Romy , Tietje Christian 
Published: September 2024

Abstract
This chapter discusses the threats to international peace and security that usually go hand in hand with human rights violations and social and economic destabilization, intertwining the mandates of the Economic and Social Council (ECOSOC) and the Security Council. It focuses on Art 65 of the UN Charter which forms the foundation for the working relationship between ECOSOC and the SC. It also points out that Art 65 calls upon ECOSOC to provide assistance, which anticipates the need for supporting SC measures. The chapter reviews the relationship between ECOSOC and the SC, which is specified in several provisions of ECOSOC’s Rules of Procedure. It recounts the invitation of the SC to ECOSOC in 1998 to contribute to designing a long-term programme of support for Haiti while avoiding a formal mentioning of Art 65.
Article 71
Authors: Hobe Stephan 
Published: September 2024

Abstract
This chapter discusses Art 71 of the UN Charter, which is the only Article that applies to non-governmental organizations (NGOs). It highlights how NGOs influence the international legal system by monitoring State performance or advocating new policy agendas. It also reviews the contribution of NGOs to the development, interpretation, judicial application, and enforcement of international law. The chapter explains how Art 71 grants the Economic and Social Council (ECOSOC) the power to make suitable arrangements for consultation with NGOs. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned. It examines the terms in which Art 71 was drafted that have given ECOSOC sufficient flexibility to organize the modalities of its relations with NGOs.
Article 75
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter covers the international trusteeship system of Chapter XII of the UN Charter. The international trusteeship system governed the administration of trust territories by their administering authorities and their supervision by the UN. Moreover, similar to Chapter XI, the trusteeship system marked the transition of non-self-governing territories from colonial rule to independence while establishing higher requirements for the administering authorities. The chapter discusses the function, historical background, and lasting significance of the trusteeship system. It also considers the legal status of the trust territories, which correlates to the close relationship between sovereignty and legal personality in international law.
Article 77
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter examines Art 77 of the Charter of the United Nations. The provision defines the different categories of territories covered by the trusteeship system, which was the outcome of contentious negotiations at various conferences on the future of the international order after World War II. The chapter considers the former mandates found in the Middle East, Central Africa, the Pacific Islands, South West Africa, and Namibia. Article 77 also pertained to territories detached from enemy States which were primarily Italian and Japanese territories. The chapter notes that the voluntary basis of the trusteeship system constituted a serious problem.
Article 78
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter focuses on Art 78 of the UN Charter. It explains the provision’s function of determining trusteeship as a one-way street during a transitory phase to which territories that have attained the status of independent States may not return. The negotiating history of Chapter XII reveals that Arab States feared that France might place Syria or Lebanon under trusteeship, making them lose their recently attained status as independent States. The reference to sovereign equality in the second part of Art 78 goes back to the Soviet Union’s proposal to safeguard the position of new member States. The chapter notes that a newly independent State was accepted as a member of the UN at the expiry of trusteeship.
Article 79
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter explores Art 79 of the Charter of the UN. Article 79 holds that trusteeship agreements should serve as a legal basis for individual trusteeships and determines the parties concluding them. It then elaborates on the legal nature of the trusteeship agreements. Since the Charter is silent on the legal nature of trusteeship agreements, they depend on general international law. The chapter explains the controversial notion of the term ‘states directly concerned’ as such status makes a State a necessary party to a trusteeship agreement. The chapter notes that the drafting of Art 79 marginalized the significance of the trusteeship system for the process of decolonization.
Article 80
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter examines Art 80 of the Charter of the UN. It explains that Art 80 contains a declaratory function to smooth the transition from the mandate system of the League to the trusteeship system. Article 80 refers to the situation of territories under mandate only, therefore it does not apply to other territories that may be placed under the trusteeship system of the UN Charter. The chapter elaborates on the importance of Art 80 on the future of Palestine after the Arab States rejected the plan for the partition of Palestine. Moreover, the International Court of Justice used the provision to corroborate its view that the League of Nations’ mandates continued to exist after the end of the League of Nations.
Article 83
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter covers Art 83 of the Charter of the UN. According to Art 83 (1) of the UN Charter, the powers of the UN relating to strategic areas were vested in the Security Council, which approved the trusteeship agreement for the Pacific Islands. The text of Art 83 (3) is ambiguous with regard to the role of the Trusteeship Council and its relationship with the SC. The chapter also elaborates on the implementation of Art 76, which correlates to the notion of peace and security. It explores the provisions within the trusteeship agreement, which include the administering authority promoting development towards self-government or independence of the trust territory.
Article 86
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter focuses on the composition of the Trusteeship Council (TC). It highlights the purpose of Art 86 to achieve a balanced composition of the TC between administering and non-administering powers while reserving seats to the permanent members of the Security Council. To ensure a balance of composition, the drafters took into account the fact that the number of trust territories and the number of administering powers would change over time. The chapter looks into the principle of the balanced composition between administering and non-administering members of the TC during the process of decolonization. It then notes the conclusion of the TC's operations in 1994 after the objectives of the trusteeship system had been fulfilled.
Article 87
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter elaborates on the notion of the trusteeship system by referencing Art 87 of the UN Charter. The core competencies of UN organs in the trusteeship system were based on two main principles of a State authority administering a trust territory and the administration being internationally supervised. The significance of Art 87 lies in it furnishing the legal basis for obtaining comprehensive information. The chapter explains that Art 87 ensured that the supervisory organ received information from three sources thereby guaranteeing a comprehensive picture of the administration’s policy and practice. It clarifies that the provision only applied directly to those trust territories which were not designated as strategic areas.
Article 88
Authors: Goldmann Matthias 
Published: September 2024

Abstract
This chapter explains that Art 88 supplements the provision of Art 87 (a) on the competence of the Trusteeship Council (TC) to examine reports submitted by the administering authority. Additionally, Art 88 applied to non-strategic areas and strategic areas, if the strategic areas did not fall within the competence of the General Assembly. The chapter then considers the ambiguity of the provision with regard to whether the TC should create a single, uniform questionnaire for all trust territories or a specific one for each territory. It explains the obligations concerned for the report of the administering authority.
Article 98
Authors: Chesterman Simon 
Published: September 2024

Abstract
This chapter examines the provisions of Art 98 of the UN Charter. It notes that Art 98 outlines what may be conceived as the administrative functions of the Secretary-General, most of which are highly political in nature. Additionally, the Secretary-General also represents the Organization and may enter into agreements that bind the UN. The general administrative and executive functions of the Secretary-General in supporting the principal organs include conducting meetings, managing communications, and monitoring the implementation of and coordinating work across the UN’s various organs. The chapter also explains that the Secretary-General presents an annual report to the General Assembly regarding the Organization’s activities.
Article 100
Authors: Ebner Christian , Marschik Axel 
Published: September 2024

Abstract
This chapter explores the meaning and purpose of Art 100 of the Charter of the UN. It notes that the Secretary-General and the staff shall not seek or receive instructions from any government or any other authority external to the Organization. Article 100 establishes the exclusively international character of the Secretariat as a core principle of the UN’s constitution. The chapter expounds on the notion of recruitment, direction of appointments, transparency, accountability, and settlement of staff disputes as per the provision. It mentions that an analysis of Art 100 shows signs of gradual erosion of the independence of the Secretary-General and staff.