نوع مقاله : علمی- پژوهشی
دانشجوی دکتری حقوق بینالملل، دانشکده حقوق، دانشگاه شهیدبهشتی، تهران، ایران.
عنوان مقاله [English]
The doctrine of ultra vires denotes that legal institutions must function in the preconditioned framework of competences which have been envisaged for them. This doctrine has a well-established place in the law of international organizations. In this realm, the legal superiority of the United Nations has been the dominant discourse since middle of the 20th century. By considering this legal status, fears of transgression of authority and competence by the principal organs of the United Nations (General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat) will exacerbate in a way that is quite incomparable with any other international organization.
The purpose of this essay is to carry out an in-depth analysis about the application of this doctrine in the legal realm of the United Nations, which involves library research process of collecting information and legal dogmatic approach in way of analyzing the issue. The particular essence of the ultra vires doctrine has a direct nexus with relative legal personality of international organizations, including the United Nations with the absolute rule of international law over their acts and decisions.