The Charter of the United Nations: A Commentary (Oxford Commentaries on International Law): Simma, Bruno, Khan, Daniel-Erasmus, Nolte, Georg, Paulus, Andreas: 9780199580156: Amazon.com: Books
Since the second edition of this commentary on the Charter of the United Nations was published the text of the Charter may not have changed but the world has. The wars in Iraq and Afghanistan have had a lasting impact on international law and the Commentary has been fully updated to take their impact into account. The new edition has been completely revised and features a completely new chapter on UN reform, analyzing the effect of reforms which have already been implemented and examining why other proposals for reform have failed. It will assess how these proposals could be improved, with a particular focus on the Security Council. This new edition also includes coverage of the creation of the Human Rights Council and the impact of the Responsibility to Protect doctrine.
This is the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice, and is an indispensable work of reference for all those interested in the UN. The Commentary will be crucial in providing new directions for the development of international law and the United Nations in the twenty-first century.
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The latest edition of this commentary is just as good as the previous two, and it is highly recommended. Both the comments by the learned authors and the bibliography are excellent. Buy with confidence
The consideration of Article 51, for example, is most revealing and does not analyze the different schools of thought and their merits. Also, does not treat ICJ advisory opinions the way the ICJ itself has said they should be treated: matters for appreciation. Use with care.
Reviewed in the United States on November 29, 2013
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A CUP HALF EMPTY, OR HALF FULL?
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
In the compilation and editing of this scholarly two-volume work, published by the Oxford University Press, the learned editors state that their central objective is to prepare a commentary on the United Nations which tells its story `as faithfully as possible.'
Referencing the subtitle, the Commentary is the joint product of the work of no less than seventy-four authors, approximately two-thirds of whom, interestingly, hail from German universities and institutions, with much of the team effort ably coordinated by Assistant Editor Nikolai Wessendorf.
If you as a lawyer, academic, journalist or researcher ever find yourself in some kind of controversy, dispute, debacle or debate regarding the U.N. and/or the Charter of that body, this is the work of reference to which to turn.
As most people would agree, the aim of the UN is to promulgate and maintain world peace. On any number of occasions it appears to have failed in that attempt (as the `cup half-empty' brigade would noisily remind you) - largely because of the limitations of its charter. But that in no way diminishes its value. Indeed the world community of nations would be diminished without it. But here we take the relentlessly optimistic `cup half-full' view, which we believe this formidable work of reference engenders.
Copiously footnoted and indexed, it is indeed a mine of reference resources for scholars and researchers and certainly specialists in the field of international law. Volume I, for example provides over 100 pages of Tables of Cases and Tables of Instruments -- and with some thirteen pages of abbreviations, you're unlikely to be confused by a UN-generated acronym ever again.
From this point on, the books follow the charter itself, its drafting history, reforms and interpretation -- and following that, the Statute of the International Court of Justice. One might have thought that interpreting the Charter would not present that much difficulty, for it does set out the principles of the organisation with a force and clarity which is almost touching. It is the way in which these principles are applied in the grim reality of conflict which causes the problems and the dissent.
Note, for example, the declaration in San Francisco of June 26 1945 with which the Charter begins: WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women... and to promote social progress and better standards of life in larger freedom.' It goes on from there, and you can't argue with any of that, can you - except that, unfortunately for world peace - so many individuals and nations can and do. Nonetheless, the UN remains and idea and an ideal to which, let's hope, more nations will aspire in the fullness of time.
From high flying legal eagles and academics to humble students commencing their studies in international affairs, these erudite, authoritative, yet easily navigable volumes should be deemed indispensable.