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The Global Community Yearbook of International Law and Jurisprudence 2018$
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Giuliana Ziccardi Capaldo

Print publication date: 2019

Print ISBN-13: 9780190072506

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780190072506.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 December 2019

Article 103 of the UN Charter and Security Council Authorizations

Article 103 of the UN Charter and Security Council Authorizations

Chapter:
(p.165) Article 103 of the UN Charter and Security Council Authorizations
Source:
The Global Community Yearbook of International Law and Jurisprudence 2018
Author(s):

Robert Kolb

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190072506.003.0007

This article reviews various arguments relatively to the question whether the priority of obligations under the UN Charter as provided for in Article 103 of that instrument can be extended to action undertaken on the basis of Security Council authorizations according to Chapter VII of the Charter. The conclusion is that Article 103 can be applied to some conflicts between an action authorized by the Security Council and obligations under other treaties, in the perspective of a teleological, evolutionary and practice-oriented interpretation, which does not stop at the text of Article 103.

Keywords:   Article 103 of the Charter, authorization, UN Charter, United Nations Law, obligation, priority of application, Security Council, treaties

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