Study On The Constitutionalization Understandings Of The United Nations Charter

Constitutionalism of international organizations is one of the many paths to think about global governance.The United Nations based on the UN Charter plays a central role in international political coordination and the promotion of economic and social development.The charter is not only a multilateral convention to which all UN member states are parties but is widely regarded as an important cornerstone of the current international legal order.Numerous pieces of literature have carried out constitutionalization understandings of the Charter in terms of text,theory,norms,phenomena,and operational processes.So to what extent can the Charter be regarded as the constitution of the international community?What is the constitutional logic does the operation and development of the UN organization follow?The constitution in national law is a comprehensive concept involving law,politics,economy,and culture.Among several mainstream theoretical approaches to introduce the concept of constitution into the field of international law,the theory of the international community is currently the most influential one.The international community is a community of rule of law built based on the constitutional order,and the Charter of the United Nations is an important part of the constitutional order.From the text perspective,the choice of the name of charter reflects the tendency of drafters to regard it as a constitution,and the charting structure of the charter also reflects a similar tendency.From the qualitative perspective,the obligations imposed by the Charter on the Member States,especially those related to peace and security,have priority.The Charter has a universal influence on all members of the international community,including non-members of the United Nations;the formulation of the Charter reflects to a certain extent indirect participation of "We the peoples of the United Nations",the charter revision process reflects that the UN has been granted independent constitutional authority to a certain extent;in the UN governance system based on the Charter,the UN General Assembly,the Security Council and the International Court of Justice have formed an original separation of powers,and the protection of human rights and fundamental freedoms and the supranational of the UN organization are also important components of the governance systemFrom the operational perspective,there is no explicit provision on the power of interpretation and interpretation methods in the Charter.Different subjects interpret the charter explicitly or implicitly,forming a complex network of interpretation.The implied power and evolutionary interpretation methods in the national constitution play an increasingly important role in the interpretation of the Charter.As a constitutional organization capable of self-development,the UN organization shall have an independent legal body to conduct a constitutional review of the actions between the UN organizations and between the UN and its Member States.The International Court of Justice's judicial review has obstacles such as lack of mandatory jurisdiction.Finally,based on affirming the trend of the constitutionalization understanding of the Charter,I put forward ideas on the relevant development and reform of the Charter and the UN organizations.Today,all countries in the world are facing a new international constitutional moment.The Charter and the UN are in urgent need of reform,but the reform cannot be broken through limitations of the principles of the Charter value.It is undeniable that the international legal order is still characterized by the spread of sovereignty,rather than the state's uniform and comprehensive obedience to the international public order embodied in the Charter text.The Constitution as an international legal community's constitution is not equivalent to the national constitution.It must be understood as a concept that is autonomous and not inferred from the domestic constitution.Merely labeling the charter as a constitution will not have any substantive effect,but taking the constitutional quality of the charter seriously is the starting point towards the realization of the values declared by the charter.