Definition and Introduction
Die Charter of the United Nations (Engl. Charter of the United Nations, abbreviated as UN Charter) is the founding document and the constitutional basis of the United Nations (UNO). It was signed on June 26, 1945, in San Francisco by 50 states and entered into force on October 24, 1945, after ratification by the five permanent members of the Security Council and the majority of the other signatory states. The Charter is a statute based on norms of international law and regulates the structure, tasks, and powers of the UNO as well as the relationships between its member states.
Historical Development and Context of Origin
The origins of the Charter were significantly shaped by the experiences of the Second World War and the desire for lasting peace. The negotiations in San Francisco were based on earlier agreements such as the Atlantic Charter (1941) and the Declaration by United Nations (1942). The aim was to create a universal system of collective security under legally binding norms.
Legal Character and Binding Effect
Legal Binding Force and Status under International Law
The Charter of the United Nations is a multilateral treaty under international law with a constitutional character. It binds the member states as a mandatory legal basis and, as a founding document, takes precedence over other international treaties of UNO members according to Article 103 of the UN Charter. Compliance with the provisions of the Charter is obligatory for the member states and cannot be restricted by reservations.
Relationship with Other Treaties under International Law
According to Article 103, the Charter takes precedence over other treaty obligations of its members if there is a conflict between obligations arising from the Charter and those from other international agreements. This precedence is legally binding and internationally recognized.
Structure and Organization of the Charter
The Charter of the United Nations is divided into a preamble and 19 chapters, comprising a total of 111 articles.
Preamble
The preamble formulates the fundamental principles and aims: the maintenance of world peace, the development of friendly relations among nations, the promotion of international cooperation, and respect for human rights.
Overview of the Chapters
Chapter I: Purposes and Principles (Arts. 1-2)
These articles set forth the main purposes such as the maintenance of peace, security, cooperation, and equality among nations. The principles include the sovereignty of states, the prohibition of the use of force, and the principle of peaceful settlement of disputes.
Chapters II-V: Membership and Principal Organs
These chapters regulate membership (admission, expulsion) as well as the creation and responsibilities of UNO’s principal organs: General Assembly, Security Council, Economic and Social Council, International Court of Justice, Secretariat, and Trusteeship Council.
Chapters VI-VII: Peaceful Settlement of Disputes and Measures in Case of Threats or Breaches of Peace
Chapter VI obligates member states to the peaceful settlement of international disputes. Chapter VII sets out specific measures for the maintenance or restoration of international peace, including sanctions and military measures.
Other Chapters
The remaining chapters address, among other things, regional arrangements (Ch. VIII), economic and social cooperation (Ch. IX-X), the trusteeship system (Ch. XII-XIII), the International Court of Justice (Ch. XIV), as well as amendment procedures and ratification of the Charter (Ch. XVIII-XIX).
Essential Provisions of International Law
Principles of the Prohibition of the Use of Force and Non-Intervention
Article 2(4) explicitly prohibits all member states from threatening or using force against the territorial integrity or political independence of any state. Article 2(7) broadly prohibits UN interference in matters which are essentially within the domestic jurisdiction of any state (reservation of domestic affairs).
System of Collective Security
The Charter establishes a system of collective security, with the Security Council at its core. According to Chapter VII, it can make binding decisions and, in cases of threats to the peace, order sanctions or military measures. The implementation of these decisions is binding on all member states.
Peaceful Settlement of Disputes
Article 33 lists various means of peaceful dispute resolution, including negotiation, inquiry, mediation, conciliation, arbitration, and judicial settlement. The Security Council may take up any dispute which may endanger international peace.
Human Rights and the Right to Self-Determination
In Articles 1 and 55, the UN commits itself to promoting respect for and realization of human rights and fundamental freedoms for all people. The right to self-determination of peoples is also enshrined as a principle of international law.
Membership and Admission Procedure
Admission, Suspension and Expulsion
Membership is open to all peace-loving states which accept the obligations contained in the Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. Decisions on admission are taken by the General Assembly upon the recommendation of the Security Council (Art. 4 UN Charter). Suspension and expulsion are possible in cases of violations of the principles of the Charter, again upon the recommendation of the Security Council by decision of the General Assembly (Art. 5 and 6 UN Charter).
Organs and Their Legal Powers
General Assembly
The General Assembly is the central deliberative and decision-making body. It issues recommendations, adopts resolutions, approves the UN budget, and, jointly with the Security Council, makes some appointments. Its decisions are mostly of a recommendatory nature.
Security Council
The Security Council plays the decisive role in matters of peace and security. Its decisions under Chapter VII are binding on all members (Art. 25 UN Charter). Special feature: The permanent members have veto power (Art. 27).
Other Organs
The Economic and Social Council (ECOSOC), the International Court of Justice, the Secretariat, and the now defunct Trusteeship Council perform specific functions detailed in the Charter.
Amendments to the Charter
Reforms and amendments are possible pursuant to Articles 108 and 109. They require a two-thirds majority in the General Assembly as well as the consent of all five permanent Security Council members and subsequent ratification by two-thirds of the member states.
Primacy of the Charter in International Law
According to Article 103, the Charter takes precedence over all other international agreements of the members: “In the event of a conflict between the obligations of the members of the United Nations under the present Charter and their obligations under any other international agreement, the obligations under this Charter shall prevail.”
Significance in the International Legal Order
The Charter of the United Nations forms the foundation of the modern international order. It substantially influences the development and interpretation of international law, in particular in the areas of the prohibition of the use of force, the collective security system, peremptory norms (jus cogens), and human rights. Its principles and norms have been incorporated into many regional treaties and national legal systems.
Summary
Die Charter of the United Nations is the central international legal instrument that defines the foundations, structures, and legal relations of the UNO and its members. As a quasi-constitutional document, it takes precedence over other international treaties and provides the binding basis for interstate action and the international peace order in many fields. Its regulatory mechanisms and principles determine the foundations of modern international law and global cooperation.
Frequently Asked Questions
What is the legal effect of the Charter of the United Nations in relation to other international treaties?
The Charter of the United Nations enjoys, according to Article 103, precedence over other international treaties. This means that in the event of a conflict between obligations arising from the UN Charter and those from other international agreements, the obligations under the Charter take precedence. This clause was introduced to emphasize the special status of the UN as the central institution of international peacekeeping and cooperation. In practice, this means that above all measures of the Security Council, such as sanctions or military operations, are legally binding, even if they conflict with existing contractual obligations between individual states. The precise scope of this primacy is debated in state practice and legal literature, particularly with regard to the protection of fundamental human rights and peremptory norms of international law (jus cogens).
How is the Charter of the United Nations classified under international law?
The Charter of the United Nations constitutes a multilateral treaty under international law, to which almost all states in the world have now acceded. It thus forms the founding document of the UN and is at the same time the fundamental constitutional document of the Organization. Legally, the Charter may be regarded as a ‘constitution of the international community’, at least in the sense that it lays down binding basic rules for international relations and the order of states. Its provisions, among other things, define the structure, the organs, their powers, and their working methods. The Charter is considered a ‘treaty with constitutional character’ and is binding for all member states. In addition, it contains rules of immediate international law effect, in particular the prohibition of the use of force and the right of self-defense.
To what extent are the provisions of the UN Charter binding on member states, and are there any exceptions?
For all member states, the provisions of the UN Charter are fully binding according to Article 2 paragraph 5. This means that all states are not only obliged to comply with the duties set forth in the Charter but must also actively strive to realize the aims of the UN. In addition, numerous articles, for example on the prohibition of force or the peaceful settlement of disputes, require specific conduct from members. Exceptions exist only where the Charter explicitly provides for deviations, for instance in the context of collective measures by the Security Council under Chapter VII (enforcement measures) or the right of self-defense under Article 51. Subsequent reservations or modifications by member states are generally excluded; amendments to the Charter require complex procedures and broad approval.
What legal roles do the organs of the United Nations play under the Charter?
The Charter defines six principal organs of the United Nations: the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice (ICJ), and the Secretariat. Their competencies as well as their composition and procedures are each specifically determined. Particularly relevant is the fact that the Security Council has far-reaching decision-making powers, and its resolutions under Chapter VII are binding on all member states. At the same time, the General Assembly is significant as a forum for the discussion and development of principles of international law, while legally binding decisions are usually made only by the Security Council or the ICJ. The legal relationships and interaction of the organs are also regulated by the Charter.
Are the principles enshrined in the Charter—such as the prohibition of force—to be regarded as customary international law?
Many of the principles set out in the Charter, in particular the prohibition of force (Article 2 paragraph 4) and the right of peoples to self-determination, are now considered customary international law and in part even as peremptory norms (jus cogens). This means they bind not only United Nations member states, but in principle also states that are not or would not become members. The International Court of Justice has emphasized in several judgments that the prohibition of force in particular forms a fundamental norm of the international legal order. This fundamental recognition as customary international law increases the binding effect of these principles and curbs potential attempts to circumvent these rules by contractual or other means.
How is an amendment or interpretation of the UN Charter carried out from a legal perspective?
Amendments to the Charter are governed by Articles 108 and 109 and involve a particularly rigid procedure. Amendments must be approved by a two-thirds majority of the General Assembly and ratified by two-thirds of the member states, including all five permanent members of the Security Council. Simple interpretations of the Charter, on the other hand, are carried out in practice through organ interpretations (e.g., by the practice of the Security Council or the resolutions of the General Assembly) as well as through the case law of the International Court of Justice. Unlike national constitutions, there is no binding central interpretation body, so international law interpretation criteria—in particular the Vienna Convention on the Law of Treaties—and the relevant organs themselves are decisive.
What is the relationship between regional alliances and organizations and the UN Charter?
Regional alliances and organizations—such as the European Union, the African Union, or the Organization of American States—are especially governed in relation to the UN Charter by Articles 52 and 53. These provisions allow regional entities to undertake measures for the peaceful settlement of disputes or collective security, as long as these are not inconsistent with the purposes and principles of the Charter and—especially in the case of enforcement measures under Article 53—are authorized by the Security Council. The relationship is thus characterized by subsidiarity, with the UN Security Council always remaining the supreme decision-making authority. Legally binding measures of regional organizations must not undermine the binding effect and primacy of the Charter.
