Contents Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus, Nikolai Wessendorf, (Assistant Editor) From: The Charter of the United Nations: A Commentary, Volume I (3rd Edition) Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus, Nikolai Wessendorf, (Assistant Editor) Content type:Book content Product:Oxford Scholarly Authorities on International Law [OSAIL] Series:Oxford Commentaries on International Law Published in print:22 November 2012 ISBN:9780199639762 Preface x List of Authors xii Table of Cases xvi Table of Instruments xxxv List of Abbreviations cxix The Charter of the United Nations cxxxiii Statute of the International Court of Justice clvii Drafting History 1 Reform 25 Interpretation of the Charter 71 Preamble 101 Chapter I.  Purposes and Principles 107 Article 1 107 Article 2 121 Article 2(1) 133 Article 2(2) 166 Article 2(3) 181 From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Article 2(4) 200 Article 2(5) 235 Article 2(6) 252 Article 2(7) 280 Special Section:  Self-Determination 313 Chapter II.  Membership 335 Article 3 335 Article 4 341 Article 5 362 Article 6 374 Chapter III.  Organs 387 Article 7 387 Article 8 416 Chapter IV.  The General Assembly 445 Composition 445 Article 9 445 Functions and Powers 461 Article 10 461 (p. vi) Article 11 491 Article 12 507 Article 13 525 Article 14 552 Article 15 567 Article 16 575 Article 17 576 Voting 621 Article 18 621 Article 19 637 Procedure 657 Article 20 657 Article 21 688 Article 22 719 Chapter V.  The Security Council 751 Composition 751 Article 23 751 From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Functions and Powers 761 Article 24 761 Article 25 787 Article 26 855 Voting 871 Article 27 871 Procedure 939 Article 28 939 Article 29 983 Article 30 1028 Article 31 1050 Article 32 1064 Chapter VI.  Pacific Settlement of Disputes 1069 Article 33 1069 Article 34 1086 Article 35 1108 Article 36 1119 Article 37 1146 Article 38 1161 Special Section:  Peacekeeping 1171 Special Section:  Responsibility to Protect 1201 Chapter VII.  Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression 1237 Special Section:  Introduction to Chapter VII: The General Framework 1237 (p. vii) Article 39 1272 Article 40 1297 Article 41 1305 Article 42 1330 Article 43 1351 Article 44 1357 Article 45 1360 Article 46 1362 Article 47 1364 Article 48 1376 Article 49 1385 From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Article 50 1389 Article 51 1397 Chapter VIII.  Regional Arrangements 1429 Special Section: Introduction to Chapter VIII 1429 Article 52 1445 Article 53 1478 Article 54 1525 Chapter IX.  International Economic and Social Co-operation 1535 Article 55 (a) and (b) 1535 Article 55 (c) 1565 Article 56 1603 Article 57 1611 Article 58 1650 Article 59 1656 Article 60 1658 Chapter X.  The Economic and Social Council 1667 Composition 1667 Article 61 1667 Functions and Powers of ECOSOC 1678 Article 62 1678 Article 63 1697 Article 64 1709 Article 65 1718 Article 66 1723 Voting 1728 Article 67 1728 Procedure 1736 Article 68 1736 Article 69 1772 Article 70 1779 Article 71 1788 (p. viii) Article 72 1816 Chapter XI.  Declaration Regarding Non-self-governing Territories 1829 Article 73 1829 Article 74 1840 From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Chapter XII.  International Trusteeship System 1841 Article 75 1841 Article 76 1849 Article 77 1861 Article 78 1867 Article 79 1868 Article 80 1871 Article 81 1873 Article 82 1875 Article 83 1878 Article 84 1881 Article 85 1882 Chapter XIII.  The Trusteeship Council 1883 Composition 1883 Article 86 1883 Functions and Powers 1887 Article 87 1887 Article 88 1890 Voting 1892 Article 89 1892 Procedure 1893 Article 90 1893 Article 91 1895 Chapter XIV.  The International Court of Justice 1897 Article 92 1897 Article 93 1951 Article 94 1957 Article 95 1972 Article 96 1975 Chapter XV.  The Secretariat 1991 Article 97 1991 Article 98 2002 Article 99 2009 Article 100 2022 Article 101 2053 From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Chapter XVI.  Miscellaneous Provisions 2089 Article 102 2089 Article 103 2110 (p. ix) Article 104 2138 Article 105 2158 Chapter XVII.  Transitional Security Arrangements 2179 Article 106 2179 Article 107 2183 Chapter XVIII.  Amendments 2199 Article 108 2199 Article 109 2232 Chapter XIX.  Ratification and Signature 2243 Article 110 2243 Article 111 2253 Annex I:  Rules of Procedure of the General Assembly 2265 Annex II:  Provisional Rules of Procedure of the Security Council 2344 Annex III:  Note by the President of the Security Council 26 July 2010 2353 Index 2365 From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Preface Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus, Nikolai Wessendorf, (Assistant Editor) From: The Charter of the United Nations: A Commentary, Volume I (3rd Edition) Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus, Nikolai Wessendorf, (Assistant Editor) Content type:Book content Product:Oxford Scholarly Authorities on International Law [OSAIL] Series:Oxford Commentaries on International Law Published in print:22 November 2012 ISBN:9780199639762 Only a few months before the ‘Ur’-version of this Commentary, the German edition of 1991, reached completion, its editor at the time was asked by one of the most prominent US international lawyers why he still bothered to engage in a stock-taking of the practice of an institution that was so evidently moribund. Instead, at the moment of publication of the Commentary, more or less coinciding with the end of the Cold War and with what was seen as the resuscitation of Charter-based collective security in the Second Gulf War, the reputation of, and the hopes in, the United Nations had risen to an all-time height. A mere four years later, when the first English Edition of the Commentary appeared in 1995, the high expectations in the UN had again made room for more restrained assessments of the Organization’s capacities. Another seven years later, the Preface to the Second Edition (2002) could do no more than state that the life of the UN, as well as its public image, had continued to be marked by modest achievements, sobering experiences, and grave disappointments. In fact, the gravest disappointment was yet to follow, the invasion of Iraq a few months later, in blatant breach of the Charter provisions on the use of force. But this did not keep Secretary-General Kofi Annan from using the sixtieth anniversary of the Organization in 2005 as a historic opportunity to call for the most sweeping overhaul in its history. Unfortunately, his exhortation has left very few, if any, positive traces. The story can be read as a description of a cup being half-empty, as the acknowledgement that far-reaching institutional reform of the UN has proven to be unfeasible. But it could also be seen as the story of a cup half-full, as a story of survival, as that of a system of global governance displaying truly remarkable tenacity and resilience, pursuing its task under most unfavourable circumstances, in the face of hypocritical blame and often abuse. From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Our Commentary wants to tell this story as faithfully as possible. We remain convinced that (in the words of the Preface to the Second Edition) ‘stock-taking of more than half a century of UN practice and, more importantly, the constant checking of this practice against the purposes and principles of the United Nations Charter with a view to providing guidance for future activities of the Organization and its member States, becomes more worthwhile than ever. In this vein, the present work…is also intended as a strong plea to handle the only truly universal world organization that we have with greater care.’ This Commentary, a joint product of seventy-four authors, owes its existence to the expertise, time, and energy of those highly committed scholars and practitioners. It is our great pleasure to welcome a number of new authors and we sincerely thank those who, for one reason or another, no longer participated in our project. It is also a sad duty for us to remember all authors who have passed away in the course of the last two decades, namely Albert Bleckmann (2004), Karl Doehring (2011), Carl-August Fleischhauer (2005), Konrad Ginther (2012), Wilhelm Grewe (2000), Günther Jaenicke (2008), Otto Kimminich (1997), Hermann Mosler (2001), and Ignaz Seidl-Hohenveldern (2001). We are very grateful to our collaborators whose competent and enthusiastic support was essential for the completion of the work:(p. xi) In Berlin, Helmut Aust and Christian Djeffal made excellent suggestions with regard to substantive editorial work. Alicia Köppen, Moritz von Rochow, and Alexander Silke diligently worked through many manuscripts to eradicate mistakes, and in particular to make sure that the complex citation and formatting standards were consistently applied. They were also responsible for the communication with Nikolai Wessendorf, the coordinating Assistant Editor in Munich. Fiona Nelson sensitively corrected many manuscripts on matters of the English language. Chris Gutmann and Martina Terzic helped with research work. Felix Lange and Benjamin Düsberg traced many cross-references. Indra von Mirbach and Lisann Bruchmann helped with different matters during the earlier part of the work. And, last but not least, Kerstin Schuster supported the work in ways which are too diverse to be easily summarized, but consistently fine enough to be admired. In Göttingen, Nicolas Klein managed and coordinated the editing process and diligently implemented the editorial standard. Without his unwavering and always well-spirited support, the editor-judge would not have been able to complete the editing work in addition to his main occupation. But, like all great projects, this was a team effort. Many thanks thus go to Morten Jonas, Elena-Josephine Woltaire, Georg Hermann Johannes Kallina, Lars Borchardt, Sebastian Ehricht, Sarah Bayani, Karen Schwabe, Johanna Dormann, Matthäus Fink, and Maik Knaust for contributing in countless ways to the completion of this work, both in form—in particular with regard to the OSCOLA standard—and substance, doing much of the cross-referencing work. In addition, we specially thank Carl Philipp Ritter and Micha Comnick for their technical support. In Munich, Nikolai Wessendorf, our Assistant Editor, deserves special praise and thanks not only for the zeal with which he coordinated the entire editing process. He also carried the major burden of the Munich share of the editing work and guided a small but all the more enthusiastic team: Mareike Gröneveld, Steven Henn, Robert Kitschke, and Oliver Monsees engaged in months of mostly tedious work. With ability and dedication Chun-Kyung Paulus Suh was heavily involved in the early phase of the project. At Oxford University Press, we are grateful to Merel Alstein, John Louth, Briony Ryles, and Fiona Stables who have been most helpful and reliable partners throughout the whole production process. From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 Berlin, Göttingen, Munich July 2012 Bruno Simma Daniel-Erasmus Khan Georg Nolte Andreas Paulus From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020 List of Authors Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus, Nikolai Wessendorf, (Assistant Editor) From: The Charter of the United Nations: A Commentary, Volume I (3rd Edition) Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus, Nikolai Wessendorf, (Assistant Editor) Content type:Book content Product:Oxford Scholarly Authorities on International Law [OSAIL] Series:Oxford Commentaries on International Law Published in print:22 November 2012 ISBN:9780199639762 Jan-Michael Arend Attorney at Law, Berlin Art. 55(c) (with Riedel) Dr. Helmut Philipp Humboldt University Berlin Art. 2 (5) Aust Dr. Philip Bittner Federal Ministry for European and Art. 15 (with Hilger, Tichy) International Affairs (Austria) Prof. Dr. Michael University of Frankfurt Peacekeeping Bothe Prof. Dr. Jürgen Murdoch University, Perth Art. 53 (Enemy State Clause), Art. Bröhmer 107 (with Ress) Dr. Konrad Bühler Federal Ministry for European and Art. 28 International Affairs (Austria) Eleni Chaitidou International Criminal Court, The Hague Art. 67, Art. 72 Prof. Simon National University of Singapore Arts 97–99 Chesterman Prof. Dr. Rudolf University of Bonn Arts 31, 32 (with Kreuter-Kirchhof) Dolzer Prof. Dr. Oliver Dörr University of Osnabrück Art. 2 (4) (with Randelzhofer) From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: Gujarat National Law University; date: 28 December 2020