
Contents
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1 The Charter and Treaties 1 The Charter and Treaties
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1.1 No Master Plan 1.1 No Master Plan
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1.2 Express References 1.2 Express References
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1.2.1 Treaties Enabling UN Action 1.2.1 Treaties Enabling UN Action
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1.2.2 Treaties Effectuating UN Action 1.2.2 Treaties Effectuating UN Action
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1.3 Implicit References 1.3 Implicit References
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1.3.1 International Peace and Security 1.3.1 International Peace and Security
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1.3.2 Friendly Relations between States 1.3.2 Friendly Relations between States
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1.3.3 International Cooperation 1.3.3 International Cooperation
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2 Treaties in UN Practice 2 Treaties in UN Practice
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2.1 No Master Plan but Proliferation 2.1 No Master Plan but Proliferation
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2.1.1 A Gigantic Network of Treaties 2.1.1 A Gigantic Network of Treaties
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2.1.2 Diverse Processes of Treaty-Making 2.1.2 Diverse Processes of Treaty-Making
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2.1.3 Treaty-Making within Specialized Agencies 2.1.3 Treaty-Making within Specialized Agencies
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2.2 Practice Pursuant to Express Charter Clauses 2.2 Practice Pursuant to Express Charter Clauses
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2.3 The Charter’s Variable Geometry: Three Pen Pictures 2.3 The Charter’s Variable Geometry: Three Pen Pictures
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2.3.1 Peace and Security: The Dominance of Institutional Practice 2.3.1 Peace and Security: The Dominance of Institutional Practice
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2.3.2 Friendly Relations: A Patchwork of Treaties 2.3.2 Friendly Relations: A Patchwork of Treaties
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2.3.3 International Cooperation: A Charter Objective Kissed Awake by Treaties? 2.3.3 International Cooperation: A Charter Objective Kissed Awake by Treaties?
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3 Conclusion 3 Conclusion
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4 The Role of Treaties in Pursuing the Objectives of the UN Charter
Get accessChristian J. Tams is Professor of International Law at the University of Glasgow and co-Director of the Glasgow Centre for International Law and Security. He is also an academic member of Matrix Chambers, London.
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Published:02 July 2019
Cite
Abstract
Treaties are a central building block of the United Nations legal order. They have particular significance for the objectives set out in the UN Charter: these need to be implemented and effectuated, and treaties concretizing the Charter’s broad objectives can help achieve that aim. The Charter text, perhaps surprisingly, does not reflect this adequately. Unlike constituent documents of other international organizations, the Charter formulates no master plan for the UN’s use of treaties, and only occasionally mentions treaties explicitly. Its guidance is primarily indirect: some Charter objectives are formulated in such vague terms that without follow-up action, including follow-up action that takes the form of treaties, they would be meaningless. The drafter’s surprising caution means that the role of treaties in pursuing UN objectives is primarily shaped by practice rather than the Charter text. In the seven decades since the UN’s establishment, treaties—prepared in highly diverse processes, including by the International Law Commission (ILC) and within specialized agencies—have sprawled. In the absence of a Charter master plan, they have grown to cover large parts of the continent of international law. A sole focus on the gigantic network of treaties, however, risks overlooking the fact that more often than not, member states and UN organs prefer other means of pursuing Charter objectives (resolutions, statements, and other non-binding mechanisms). The landscape of treaties is as uneven as it is diverse.
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