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Legitimacy of the theory of implied competencies United Nation | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 851-877 PDF (821.02 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.148434.1224 | ||
| Author | ||
| Karim Taha Taher* | ||
| Department of Law in College of Humanities,Raparin University, Rania, Sulaymani, Kurdistan Region,Iraq | ||
| Abstract | ||
| The idea of the theory of implicit powers,was created by the national judiciary of the American federal government.but the international judiciary worked with this idea in the field of interpretation in the event of silence of the charters of international organizations, According to this idea, the international organization is recognized to exercise powers that are not explicitly mentioned in the founding charter of the organization, and it was This specialization has direct effects on development of work spaces related to this organization through its exercise of the activities and specializations necessary to carry out its function.This specializations were a means of sustaining life in the organs of that organization and a tool for ensuring flexibility in work and experiences with international developments,and the use of the Law of international Organinizations the theory of implicit specializayions to fill the gab in texts, In view of this theory, the United Nations, through its judicial body represented by the International Court of Justice,played a major role in adopting the approach of functional interpretation of the Charter and applying it through a large number of advisory opinions issued by it. For the purpose of researching the issued of the legitimacy of the theory of implicit powers of the United Nations,e have adopted dividing it, into two sections. In the first, we discussed the concept of implied powers and their principles, and in the second:we discussed the legal framework for the implied powers of the United Nations. | ||
| Keywords | ||
| legality; terms of reference; lmplied powers; the International Court of Justice | ||
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