Pełnomocnictwa w Organizacji Narodów Zjednoczonych
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Date
1984
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Wydział Prawa i Administracji UAM
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Credentials in the United Nations Organization
Abstract
A question whether contesting of credentials is designed to protect the UN
against actions of plenipotentiaries lacking satisfactory credentials, or it is an
expression of objection to the power which granted the credentials is discussed in
the present article.
Chapter two bears on credentials in international law. As appears from analogy
to law of treaties, credentials in a wide sense of that term, are a document
accorded by a competent state authority, international organization or even an
international conference furnishing a certain person or persons with power to
represent in performing transactions regulated by international law.
Chapter three treats of procedure of verifying credentials in the UN and
presents the scope of competence of the Credentials Committee and the General
Assembly in that respect.
The UN practice in the range of credentials is presented in chapter four with
a more detailed discussion of Chinese, Hungarian, Congese, Kampuchean and
South-African cases.
Presentation of the most crucial incidents related to credentials allowed a critical
estimation of the UN actions in the final conclusions of the article. They are
characterised by inconsistencies, voluntarism, and deviations from legal regulation.
Presently, verifying credentials in the UN is not exclusively of a formal character.
Representativeness of authority concerned is assessed upon aplication of
various criteria (of effective authority and democracy) subject to varying circumstances.
There is a great deal of anxiety in connection with the case of South
African Republic that verification of credentials could be transformed into the
instrument limiting an universal character of the organization. Delaying a decision
on credentials sometimes for many years (the so-called Hungarian formula) has to
be considered as an inconsistency with the letter of the law.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 2, s. 119-135