The scope of the supremacy clause of the United Nations Charter
Source TitleInternational and Comparative Law Quarterly
PublisherCambridge University Press (CUP)
University of Melbourne Author/sLiivoja, Rain
Document TypeJournal Article
CitationsLiivoja, R. (2008). The scope of the supremacy clause of the United Nations Charter. International and Comparative Law Quarterly, 57 (3), pp.583-612. https://doi.org/10.1017/S0020589308000389.
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Abstract Article 103 of the United Nations (UN) Charter stipulates that the obligations of UN Member States under the Charter prevail, in the event of a conflict, over their obligations under any other international agreement. While this important provision is often mentioned, its precise meaning remains something of a mystery. The present article tries to shed some light on the scope of this ‘supremacy clause’ by discussing, first, its operation with respect to treaties, and then by looking at its relevance to various other contractual arrangements and to customary international law.
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