Acceso usuarios
Robert Kolb
This article brings together a bouquet of different texts on current international law. The first two deal with the United Nations Charter from different angles. The Charter is considered today as a founding text of modern international law. Its relationship to customary international law, then the capacity of States to derogate from it through specific agreements, are the subbject of analysis. Next, the spotlight shifts to the principal judicial organ of the United Nations, the International Court of Justice. It is understood that it can render judgments in equity, as provided for in Article 38, § 2, of its Statute. But can the Court also give an advisory opinion based on equity? The question has rarely been analyzed to date, because there is no precedent. Finally, a very specific but highly topical question of international law closes our analysis. If state recognition is achieved through a concerted act such as a treaty, what happens if the treaty ceases to be in force? Does recognition remain acuired, and if so according to what legal construction?
