Drafting for Universality: The Covenant and The Charter

15 Pages Posted: 3 Apr 2019

Date Written: September 13, 2018

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

Suggested Citation

White, Nigel D., Drafting for Universality: The Covenant and The Charter (September 13, 2018). European Society of International Law (ESIL) 2018 Annual Conference (Manchester). Available at SSRN: https://ssrn.com/abstract=3364015 or http://dx.doi.org/10.2139/ssrn.3364015

Nigel D. White (Contact Author)

University of Nottingham ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

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