Article 103 of the UN Charter and Security Council Authorizations
Article 103 of the UN Charter and Security Council Authorizations
This article reviews various arguments relatively to the question whether the priority of obligations under the UN Charter as provided for in Article 103 of that instrument can be extended to action undertaken on the basis of Security Council authorizations according to Chapter VII of the Charter. The conclusion is that Article 103 can be applied to some conflicts between an action authorized by the Security Council and obligations under other treaties, in the perspective of a teleological, evolutionary and practice-oriented interpretation, which does not stop at the text of Article 103.
Keywords: Article 103 of the Charter, authorization, UN Charter, United Nations Law, obligation, priority of application, Security Council, treaties
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