TY - CHAP

T1 - Article 6

AU - Tams, Christian

PY - 2024/5/30

Y1 - 2024/5/30

N2 - This chapter focuses on Art 6 of the UN Charter, which recognizes the possibility of expelling member States from the UN and regulates the conditions under which such expulsion can take place. The Organization is competent to resort to the severest form of what has been termed a ‘sanction of non-participation’. This sanction is available under narrowly defined circumstances only, namely if two of the UN’s main organs agree that a member State ‘has persistently violated the Principles contained in the present Charter’. To date, Art 6 has never been applied; and its usefulness continues to be questioned. It has to be read in the context of other provisions that envisage interferences with UN membership. Indeed, it is closely linked to Art 5 which regulates the suspension of membership rights, and the special provision of Art 19 which deals with voting rights in the General Assembly. While these suspension provisions merely affect rights flowing from a member State’s position within the UN, expulsion terminates a State’s membership.

AB - This chapter focuses on Art 6 of the UN Charter, which recognizes the possibility of expelling member States from the UN and regulates the conditions under which such expulsion can take place. The Organization is competent to resort to the severest form of what has been termed a ‘sanction of non-participation’. This sanction is available under narrowly defined circumstances only, namely if two of the UN’s main organs agree that a member State ‘has persistently violated the Principles contained in the present Charter’. To date, Art 6 has never been applied; and its usefulness continues to be questioned. It has to be read in the context of other provisions that envisage interferences with UN membership. Indeed, it is closely linked to Art 5 which regulates the suspension of membership rights, and the special provision of Art 19 which deals with voting rights in the General Assembly. While these suspension provisions merely affect rights flowing from a member State’s position within the UN, expulsion terminates a State’s membership.

KW - Law

KW - Expulsion

KW - Membership of international organizations

KW - UN Charter

U2 - 10.1093/law/9780192864536.003.0018

DO - 10.1093/law/9780192864536.003.0018

M3 - Chapter

SN - 9780192864536

SP - 541

EP - 554

BT - The Charter of the United Nations

A2 - Simma, Bruno

A2 - Khan, Daniel-Erasmus

A2 - Nolte, Georg

A2 - Paulus, Andreas

PB - Cambridge University Press

ER -