UN Charter Sample Clauses

UN Charter. 102 This is reflected in the 1970 UNGA Declaration on Friendly Relations which expresses that ‘no territorial acquisition resulting from the threat or use of force shall be recognized as legal.’ In other words, acquisition of territory by means of the threat or use of force does not result in legal title to or sovereignty over the concerned territory. To the contrary, from customary international law stems the State duty of non-recognition.103 The doctrine therefore mirrors the non-recognition of a de facto situation in contrast to the principle of effectiveness.104 It is stated furthermore, that a State obligation of non-recognition in case of denial of self-determination by the use of force has emerged in international law, and exceeds to permanent sovereignty over natural resources.105 As the State duty of non- recognition is embedded in international customary law, it thus exists independently from the 99 Xxxxxxx 2005, p. 62. 100 Xxxxxxx 2005, p. 62. 101 Xxxxxxx 2005, p. 62.
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UN Charter. See Article 2 paragraph 4 UN Charter; See Malanczuk 2004, p. 152; Xxxxxxx 2004, p. 62; Browlie 2008, p 582. 103 Malanczuk 2004, p. 152.; Xxxx 2008, p. 468-470. According to the author the ratio of the doctrine of non-recognition The ratio of can be found also in the Latin expression ex injura jus non oritur which means that legal rights cannot derive from an illegal situation. The doctrine furthermore stipulates that ‘a factual situation will not be recognized because of strong reservations as to the morality or legality of the actions that have been adopted in order to bring about the factual situation.’; Symmons 2009, p. 153; X. Xxxxxxx-Xxxxxx 1990, p. 287. 104 See Malanczuk 2004, p. 152-153. The author describes the principle of non-recognition and the principle of effectiveness. 105 Symmons 2009, p. 153; X. Xxxxxxx-Xxxxxx 1990, p. 287. adoption of a UN Security Council resolution stipulating such duty.106 According to one author, the State duty of non-recognition aims to bring an end to an illegal situation. In other words, the duty of non-recognition107 is stated to create a collective response in order to protect the fundamental interests of the international community.108

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