Towards Cementing International Law through Renaissance of the United Nations Charter

INTRODUCTION.  This year is the 75-th anniversary of the Great Victory of the Allies – Britain, the Soviet Union and the USA – over Nazi Germany. The most important legal result of this victory has become the Charter of the United Nations – the universal treaty initiated by Great Britain, the Soviet...

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Veröffentlicht in:Moscow journal of international law 2020-07 (1), p.6-25
Hauptverfasser: Vylegzhanin, A. N., Potier, Tim, Torkunova, E. A.
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Sprache:eng
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Zusammenfassung:INTRODUCTION.  This year is the 75-th anniversary of the Great Victory of the Allies – Britain, the Soviet Union and the USA – over Nazi Germany. The most important legal result of this victory has become the Charter of the United Nations – the universal treaty initiated by Great Britain, the Soviet Union and the USA (and later – by China and France) aiming to save succeeding generations from the new world war by establishing United Nations mechanisms to maintain international peace and global security. The UN Charter has since become the foundation of modern international law, respected by States across continents and generations. That seems, however, to begin changing after the collapse of the Warsaw Pact, when its former-members «socialist» European countries (including Bulgaria and Poland) became a part of the Western military bloc – North Atlantic Treaty Organization (NATO). NATO seems to demonstrate now a new attitude to fundamental principles of the UN Charter, first of all, to the principle relating to the use of armed force only according to the UN Charter. NATO States-members launched in 1999 an air campaign against Serbia without authorization by the Security Council; then an ad hoc western coalition, led by the United States, resorted to armed force in 2003 against Iraq and organized in the occupied territory of Iraq the death penalty of the President Saddam Hussein. Even some western European States, France and Germany, first of all opposed such military action of the USA for ignoring the UN Charter. The apparent involvement of the USA in the unconstitutional removal of the Ukrainian President Yanukovich from power in Kiev in 2014 and the subsequent local war between those who recognize such a discharge as legitimate and those who do not (both referring to the right of self-defense) – these facts make the problem of international peace especially urgent. In this political environment, the risks of World War III seem to be increasing. This paper addresses such challenges to modern international law. MATERIALS AND METHODS.  Th background of this research is represented by the teachings of distinguished scholars and other specialists in international law, as well as international materials including documents of the international conferences relevant to the topic. Some of such materials are alarming, noting that the international legal system is in danger of collapse and it is doubtful whether an international legal order will be possible in the
ISSN:0869-0049
2619-0893
DOI:10.24833/0869-0049-2020-1-6-25