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Reconstructing Article 109(3) of the UN Charter: Towards Constitutionalisation of the United Nations and International Law

Sharei, Mahmoud (Shahryar) (2016) Reconstructing Article 109(3) of the UN Charter: Towards Constitutionalisation of the United Nations and International Law. Doctor of Philosophy (PhD) thesis, University of Kent,. (KAR id:57034)

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Abstract

ABSTRACT

Recognising that globalisation has outpaced fragmented state-centric global governance, and that world-wide threats in areas such as the violation of human rights, climate change, armed conflicts, and the use of conventional and nuclear weapons continue to exist, this thesis argues that elusive global governance and its instrument of international law are, in the absence of a global government, ill-equipped to deal effectively with these borderless problems.

The founders, when drafting the Charter, were aware of the democratic and legitimacy deficiencies of the Council and, in order to redress them, and to apply the experiences learned during the UN's first years of operation, provided for a revisions process, including the holding of a Charter review conference, as enshrined in Article 109.

Why the UN has never in its 70-year history held such a review conference, and whether paragraph 3 of Article 109-neglected by researchers and politicians-is still in force, are at the core of this thesis's analysis. It will be argued that, if such a review conference is convened now, it would most likely trigger the process of UN constitutionalisation, and thus help transform the UN, so it can ultimately fulfil the objectives set out in the Charter's preamble-including guaranteeing and the protecting the fundamental rights of "we the peoples".

Item Type: Thesis (Doctor of Philosophy (PhD))
Thesis advisor: Scheple, Harm
Thesis advisor: Mansel, Wade
Uncontrolled keywords: United Nations Charter International Law UN Reform Article 109 Article 109(3) Constitutionalisation of UN Constitutionalisation of international law global democracy global parliament San Francisco conference of 1945 UNCIO united nations conference on international organizations legislation by permanent members law-making of security council court-making of security council promise of San Francisco global citizens rights
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Users 1 not found.
Date Deposited: 31 Aug 2016 11:00 UTC
Last Modified: 16 Feb 2021 13:36 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/57034 (The current URI for this page, for reference purposes)
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