UN Charter

Security Council Resolution 1540, adopted on 28 April 2004, confirms the connection with the OPCW s work. This has also been firmly established in the consultations of the States Parties, between the OPCW s Action Plan on Article VII of the Convention and Resolution 1540. Under the mandatory Security Council resolution, adopted under Chapter VII of the UN Charter, all UN members are required ... 

Resolution 1540 labels, inter alia, the proliferation of nuclear weapons and their means of delivery, as well as illicit trafficking in nnclear weapons, their means of delivery and related materials, as a threat to international peace and security. Adopted under Chapter VII of the UN Charter, Resolution 1540 is binding on all Member States of the UN. Pursuant to the resolution. Member States are obliged to adopt and enforce laws prohibiting non-State actors from developing. 

The opportunity for the international community to take action can arguably at times be considered a legal obligation under Articles 25 and 42 UN Charter, should the non-provision of assistance amount to war aimes, crimes against humanity, racial discrimination or genocide. 

The entry into force of the Rome Statute of the International Criminal Court opens up new possibilities to bring offenders to justice. There can surely be little doubt that the wanton destruction of cultural property that we have wimessed recently constitutes a war crime within the meaning of Article 8 of the Rome Statute. Although neither Syria nor Iraq is party to the Rome Statute, the Court is able to exercise jurisdiction if the case is referred to the Prosecutor by the Security Council acting under Chapter VII of the UN Charter. In addition, a State Party to the Statute can refer a case to the Prosecutor where the alleged crime has been committed by a national of a State Party. ... 

In terms of international standards, the authoritative commentary on the UN Charter finds ... 

A second but very important point is the applicability. Principle IV defines a colony and establishes the so-called salt-water rule. A colonial power must report on a territory that is geographically separate from the administering country. The territory must also be ethnically and/or culturally distinct. This rule is taken to establish that giving away an overseas territory does not threaten the territorial integrity of the colonial power. This is important in relation to minorities. If they were given any kind of external self-determination, most cases would threaten the territorial integrity which in turn would be against the spirit of the UN Charter. 

The paragraph on the subjection of peoples to alien subjugation, domination and exploitation that constitutes a violation of the principle of self-determination has to be understood in a wider context than the colonial cmitext. Understanding the FRD to be a concretization of the UN Charter, a document that was formed by the experiences of World War 11 and its miseries, would be cOTitraiy to its very aims to leave internally subjugated, dominated and exploited peoples completely defenceless towards their state. 

Apart from these specific restrictions, the common safeguard is found that nothing in the document can be used contrary to the UN Charter. Fitting for an OSCE document, the Copenhagen Document also refers to the Final Act and especially to the provision on territorial integrity. 

Pre-Set Values In the principle on self-determination of peoples, self-determination is linked to human rights. Other pre-set values are supported in the preamble of the Declaration. The Declaration is a restatement and explanation of fundamental principles of the UN Charter. If the Charter is then paramount to the rule of law among nations, as is stated in the preamble, self-determination contributes to this. 

General Aims As the title indicates, the Friendly Relations Declaration is a tool for establishing and maintaining peace, security and stability. The realization of the principle on equal rights and self-determination of peoples in accordance with the UN Charter is a way of furthering friendly relations. 

The Difference Principle The Friendly Relations Declaration states that self-determination is a way of bringing a speedy end to colonialism. This is clearly in favour of the peoples of the colonial entity that receives a free choice regarding its political status and its economic, social and cultural development. It is also explicitly stated in the preamble and the principle on self-determination that alien subjugation, domination and exploitation are violations of self-determination, fundamental human rights and contrary to the UN Charter. Without offering unconditional unlimited rights, the Friendly Relations Declaration is concerned with the benefit of the least advantaged. 

The Covenant of the League of Nations provided an indirect access for minorities. Issues that threaten peace, security and friendly relations could be brought to the main bodies of the League. The same is possible under the UN Charter. The General Assembly may discuss any matters under the scope of the Charter and even make recommendations to member states or the Security Council. Minority issues can find their way to the United Nations via these articles 10 and 11. 

For treaties see the UN Charter and the two Human Rights Covenants. The FRD codified existing international law. See also Cassese (1995), p. 159. 

Considering the drafting process of the UN Charter and especially that of article 1 (2) on self-determination, it has been shown earlier" that the term peoples was a broad term that was not limited to states or nations. In the context of decolonization the term peoples was equated with territorial entities. There is no reascni why we should not go back to the original understanding of the word as covering also groups that are not states or nations— for example minorities. 

See the major international documents UN Charter, ECHR, ICCPR, ICESCR. Art. 25 ICESCR and art. 46 ICCPR on natural resources are argued to be part of economic self-determination. "See Sect. 9.2.1. 

The prospects for the implementation of the normative ideal of the equality of self-determination of all peoples contained in the UN Charter depend on how the terms of this important clause are defined. The current state system has a... 

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