Article 5
Research output: Contributions to collected editions/works › Chapter
Standard
The Charter of the United Nations: A Commentary. ed. / Bruno Simma; Daniel-Erasmus Khan; Georg Nolte; Andreas Paulus. 4. Edition. ed. Oxford University Press, 2024. p. 523-540.
Research output: Contributions to collected editions/works › Chapter
Harvard
APA
Vancouver
Bibtex
}
RIS
TY - CHAP
T1 - Article 5
AU - Tams, Christian
PY - 2024/5/30
Y1 - 2024/5/30
N2 - This chapter covers Art 5 of the UN Charter, which provides for the suspension of the rights and privileges of membership of member States against which enforcement or preventative action has been taken by the Security Council. Suspension is one of the ‘membership sanctions’ available to the United Nations and is thus regulated as part of Chapter II of the Charter (‘Membership’). Article 5 enables the UN to discipline a member State, so as to ensure that it does not prevent the Organization from discharging its function. In the view of the drafters, the Organization had to be able to exercise its powers against a State which posed a threat to or had breached international peace and security or committed an act of aggression without ‘procedural manoeuvring’ from that State. Article 5 was intended to ensure this; it thus serves a very specific, instrumental function but is not intended to permit the punishment of a member for past violation of Charter obligations. While Art 5 gives rise to some intricate problems of interpretation, it has played a limited role in practice.
AB - This chapter covers Art 5 of the UN Charter, which provides for the suspension of the rights and privileges of membership of member States against which enforcement or preventative action has been taken by the Security Council. Suspension is one of the ‘membership sanctions’ available to the United Nations and is thus regulated as part of Chapter II of the Charter (‘Membership’). Article 5 enables the UN to discipline a member State, so as to ensure that it does not prevent the Organization from discharging its function. In the view of the drafters, the Organization had to be able to exercise its powers against a State which posed a threat to or had breached international peace and security or committed an act of aggression without ‘procedural manoeuvring’ from that State. Article 5 was intended to ensure this; it thus serves a very specific, instrumental function but is not intended to permit the punishment of a member for past violation of Charter obligations. While Art 5 gives rise to some intricate problems of interpretation, it has played a limited role in practice.
KW - Law
KW - human rights
KW - climate change
KW - international organizations
KW - un charter
KW - use of force
KW - war
KW - peace and neutrality
KW - history of international law
KW - peace treaties
KW - international peace and security
KW - Self-determination
KW - collective security
U2 - 10.1093/law/9780192864536.003.0017
DO - 10.1093/law/9780192864536.003.0017
M3 - Chapter
SN - 9780192864536
SP - 523
EP - 540
BT - The Charter of the United Nations
A2 - Simma, Bruno
A2 - Khan, Daniel-Erasmus
A2 - Nolte, Georg
A2 - Paulus, Andreas
PB - Oxford University Press
ER -