Fassbender, Bardo.
The United Nations Charter as the Constitution of the International Community. - 1st ed. - 1 online resource (227 pages) - Legal Aspects of International Organizations Ser. ; v.v. 51 . - Legal Aspects of International Organizations Ser. .
The United Nations Charter as the Constitution of the International Community -- Copyright -- Dedication -- Contents -- Preface -- Introduction -- The UN Charter in Constitutional Perspective -- The Structure of my Argument -- Chapter 1: 'Constitution', and its Association with the Modern State -- Constitutional Theory in Europe between the two World Wars -- American Constitutional Theory: The Constitutionas 'Higher Law' and as a 'Living Institution' -- Typical Constitutional Features -- Chapter 2: The Transfer of the Constitutional Idea to the Sphere of International Law: Different Approaches -- Alfred Verdross and his School -- The New Haven School -- The Doctrine of International Community -- Constructivism -- Chapter 3: The International Community and its Constitution -- A Challenged Notion -- The Traditional Dichotomy between 'The International' and 'The Constitutional' -- International Community and International Constitution -- The International Community as a Constitutional Community -- International Community, Constitution, and Organization -- Chapter 4: The UN Charter as a Constitution -- The Charter and Non-UN Member States: Doctrinal Deficits -- The 'Ideal Type' of a Constitution as a Standard of Comparison -- Constitutional Characteristics of the UN Charter -- A 'Constitutional Moment' -- A Constitutional Program -- A 'Charter' -- Constituent Power and Constitutional Form -- Constitutional History -- A System of Governance -- Definition of Membership -- Hierarchy of Norms -- 'Eternity' and Amendment -- Universality and the Problem of Sovereignty -- Chapter 5: Conceptual Distinctions -- The Dual Constitutional Function of the UN Charter -- The Normative and the Real Constitution of the International Community -- Constitutional Law and 'General International Law' -- 'Constitutional By-Laws' of the International Community. Constitutional Law, Jus Cogens, and Obligations Erga Omnes -- Chapter 6: Consequences -- The Charter as a Living Instrument -- Constitutional Interpretation -- Constitutional Amendment -- Freedom and Restraint of Security Council Reform -- Non-Member States -- Legal Persons Other than States as Addressees of Security Council Decisions -- Admission and Expulsion of UN Member States -- Conclusion -- Constitutional Discourses Past and Present -- Rediscovering a Constitution -- Synopsis -- Bibliography -- Index.
This book, written by one of the leading participants of the debate on a "constitutionalization" of international law, explains why the Charter of the United Nations must be understood as the constitution of the international community, and the legal consequences arising from that characterization.
9789047428558
Constitutional law.
United Nations. -- Charter -- Interpretation and construction.
Electronic books.
KZ4991.F37 2009
342
The United Nations Charter as the Constitution of the International Community. - 1st ed. - 1 online resource (227 pages) - Legal Aspects of International Organizations Ser. ; v.v. 51 . - Legal Aspects of International Organizations Ser. .
The United Nations Charter as the Constitution of the International Community -- Copyright -- Dedication -- Contents -- Preface -- Introduction -- The UN Charter in Constitutional Perspective -- The Structure of my Argument -- Chapter 1: 'Constitution', and its Association with the Modern State -- Constitutional Theory in Europe between the two World Wars -- American Constitutional Theory: The Constitutionas 'Higher Law' and as a 'Living Institution' -- Typical Constitutional Features -- Chapter 2: The Transfer of the Constitutional Idea to the Sphere of International Law: Different Approaches -- Alfred Verdross and his School -- The New Haven School -- The Doctrine of International Community -- Constructivism -- Chapter 3: The International Community and its Constitution -- A Challenged Notion -- The Traditional Dichotomy between 'The International' and 'The Constitutional' -- International Community and International Constitution -- The International Community as a Constitutional Community -- International Community, Constitution, and Organization -- Chapter 4: The UN Charter as a Constitution -- The Charter and Non-UN Member States: Doctrinal Deficits -- The 'Ideal Type' of a Constitution as a Standard of Comparison -- Constitutional Characteristics of the UN Charter -- A 'Constitutional Moment' -- A Constitutional Program -- A 'Charter' -- Constituent Power and Constitutional Form -- Constitutional History -- A System of Governance -- Definition of Membership -- Hierarchy of Norms -- 'Eternity' and Amendment -- Universality and the Problem of Sovereignty -- Chapter 5: Conceptual Distinctions -- The Dual Constitutional Function of the UN Charter -- The Normative and the Real Constitution of the International Community -- Constitutional Law and 'General International Law' -- 'Constitutional By-Laws' of the International Community. Constitutional Law, Jus Cogens, and Obligations Erga Omnes -- Chapter 6: Consequences -- The Charter as a Living Instrument -- Constitutional Interpretation -- Constitutional Amendment -- Freedom and Restraint of Security Council Reform -- Non-Member States -- Legal Persons Other than States as Addressees of Security Council Decisions -- Admission and Expulsion of UN Member States -- Conclusion -- Constitutional Discourses Past and Present -- Rediscovering a Constitution -- Synopsis -- Bibliography -- Index.
This book, written by one of the leading participants of the debate on a "constitutionalization" of international law, explains why the Charter of the United Nations must be understood as the constitution of the international community, and the legal consequences arising from that characterization.
9789047428558
Constitutional law.
United Nations. -- Charter -- Interpretation and construction.
Electronic books.
KZ4991.F37 2009
342