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Justice and Law in the Charter of the United Nations

Published online by Cambridge University Press:  20 April 2017

Mintauts Chakste
Mintauts Chakste*
Affiliation:
Supreme Court of Latvia
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Extract

The position of justice and law in the international society organized under the Charter of the United Nations seems to have become a matter of controversy among scholars commenting on the Charter. Conflicting views on this matter have been expressed, and they seem to obscure one of the very basic problems arising from the Charter of the United Nations. Professor Clyde Eagleton maintains that “the Security Council was not restricted to legal principles, solutions, and procedures; security was set above justice, and the establishment of order was to precede the reign of law.” Senator Henri Rolin, Delegate of Belgium to the San Francisco Conference, expressed a different view by saying that ”with regard to peace, we felt the need to emphasize, that our first object was to be strong to maintain peace, to maintain peace by our common effort and at all costs, at all costs with one exception—not at the cost of justice.” Professor Alfaro, Delegate of Panama, seconded him. He stressed that “we will not maintain peace and security at the cost of justice; that is to say, sacrificing the rights of any nation.”

Type
Research Article
Information
American Journal of International Law , Volume 42 , Issue 3 , July 1948 , pp. 590 - 600
Copyright
Copyright © American Society of International Law 1948

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References

1 This Journal, Vol. 40 (1946), p.513.

2 Documents of the United Nations Conference on International Organization, SanFrancisco, 1945, Vol. 6, p. 13,Google Scholar cited hereinafter as Documents.

3 Same, pp. 26–27

4 Documents, Vol. 3, p. 25.

5 Documents, Vol. 3, p. 622.

6 Documents, Vol. 1, p. 426.

7 Documents, Vol. 6, p. 282.

8 Same, p. 23.

9 W. Davis, Malcolm, “The United Nations Charter: Development and Text,” International Conciliation, No. 413 (September, 1945), p. 445.Google Scholar

10 Documents, Vol. 6, pp. 446–449.

11 Documents, Vol. 6, pp. 453–454.

12 Documents, Vol. 6, pp. 29–30.

13 Documents, Vol. 6, p. 456.

14 Documents, Vol. 6, p. 458.

15 Same.

16 Same, p. 456.

17 Documents, Vol. 6, pp. 509–512.

18 Same.

19 Same, p. 511.

20 Same, p. 112.