论《联合国宪章》有权解释中的会员国解释

ON AUTHENTIC INTERPRETATION OF THE UN CHARTER BY ITS MEMBER STATES

笔者主要讨论了联合国全体会员国、部分会员国和单个会员国对宪章的解释是否属于有权解释,以及其各自解释的法律效力问题。最后指出三种解释都属于宪章的有权解释,但其拘束力不同:全体会员国的解释有普遍拘束力,属于规范性解释;部分会员国的解释仅拘束此部分会员国,而单个会员国的解释只对本国有拘束力,后二者属于宪章的个别性解释。此外,会员国的解释还有其他一些较重要的法律效果。

The author focuses on the legal status and effect of the interpretation by all member states, by part of member states or by single member state, pointing out finally that all of the three kinds of interpretation are authentic, but the scope of their binding force varies： the interpretation by all member states has a univeral binding force of standard interpretation; the interpretation by part of member states only bind those concerned; whereas unilateral interpretation by single member state only has domestic binding force, the latter two parts of which belong to the individual explanation of the UN Charter. Besides, the authentic interpretation of the UN Charter by member states is of other more important legal effect as well.