Drafting for Universality: The Covenant and The Charter

Abstract

This paper draws on histories of the UN and its predecessor organization, the League of Nations, to demonstrate how each organization was primarily a product of the conflict that preceded it. It is shown that this relationship applies not only to the structures of the League and UN, but also to the legal framework governing each institution, and the laws produced by them. Both treaties were drafted to tackle the problems that preceded their creation. Rather than looking to the future, each organization captured the post-war status quo as shaped by the experiences of the devastating conflicts that preceded their creation. The paper explores how this consolidation of power has impacted upon the claims to universality of these organizations.

Keywords: United Nations, League of Nations, Charter, Covenant, drafting history