Modern Jurisprudence and Law

Modern Jurisprudence and Law

Analysis of the role of the United Nations Charter in the formation of international law of developed countries and international law of developing countries

Document Type : Original Article

Author
Associate professor of International law and Faculty Member of Islamic Azad university, Tabriz Branch.
10.22034/jml.2025.724161
Abstract
Between 1938 and 1945, when World War II was devouring international peace and security, and the Allies were busy confronting the aggressions of the German Wehrmacht, the Italian fascist government, and the Japanese warmongers, conferences titled the Atlantic Charter, the United Nations Declaration, the Yalta Conference, and the San Francisco and Moscow Conferences were being held to adopt common international policies to confront the aforementioned aggressors, and to prepare for the formation of a world organization that would both safeguard international peace and security and protect the rights of the victors of World War II in various ways, especially the right of veto. And so it was, and a charter was approved whose articles were in conflict with each other. However, since it secured the interests of the superpowers, it practically played the role of the constitution of the international community and became the standard for states' pacifism. At the same time, inequality in rights and benefits caused countries to have little trust in this international institution in the political field, despite the end of World War II, and to have little cooperation with it. In addition, many of the resolutions of this international organization had a recommendatory nature, and the impression was created that the Charter was completely successful in separating the international legal system into two forms: the international legal system of developed countries and the international legal system of developing countries. However, it seems that some countries are not committed to their obligations and responsibilities towards the international community, while other countries should be agents of all international obligations and responsibilities and unconditionally obey the Charter.
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