The United Nations Charter as the constitution of the international community / by Bardo Fassbender.

Format:

Book

Author/Creator:

Fassbender, Bardo.

Series:

Legal aspects of international organization ; 51.

Legal aspects of international organization, 0924-4883 ; v. 51

Language:

English

Subjects (All):

Constitutional law.

United Nations. Charter--Interpretation and construction.

United Nations.

Physical Description:

1 online resource (228 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2009.

Language Note:

English

Summary:

The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

Contents:

'Constitution', and its association with the modern state

The transfer of the constitutional idea to the sphere of international law : different approaches

The international community and its constitution

The UN Charter as a constitution

Conceptual distinctions

Consequences.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [189]-203) and index.

ISBN:

1-282-40111-4

9786612401114

90-474-2855-2

OCLC:

569990470

Publisher Number:

10.1163/ej.9789004175105.i-216 DOI