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  1. 1 Studia Prawnicze

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  1. 1 Kleczkowska A.

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  1. 1 2016

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Karta Narodów Zjednoczonych jako światowa konstytucja – uwagi z perspektywy zakazu użycia siły

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Kleczkowska A.
Studia Prawnicze
|
2016
|
issue 3 (207)
7-25
EN
The aim of the article is to answer the question on the role of the Charter of the United Nations for the international community, and in particular whether the Charter can be named the world constitution. The considerations upon this topic will be held from the perspective of the prohibition of the use of force. Thus, first of all, the prohibition itself should be briefly describe, in order to underline its absolute character and the fact that it was defined very broadly in the Charter. Secondly, one has to analyze the traits of the Charter as the potential constitutional act for the international community. Finally, these theoretical remarks will be referred to the states’ practice of application of the UN Charter. The conclusion stemming from such analysis indicates that the UN Charter may be formally named the world constitution, but in fact States do not treat obligations deriving from it as having any supreme power over their own national interests.
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