Part 1 Power and Legitimacy, 1.2 Legitimacy of Constitution-making Processes: Reflections from the Perspective of International Law

According to Art. 2(7) of the UN Charter, the United Nations is not authorized “to intervene in matters which are essentially within the domestic jurisdiction of any State”. This is a matter of national sovereignty reaffirmed in Art. 2(1). The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among states in Accordance with the Charter of the United Nations (1970)1 is even more specific in this respect. While reaffirming the principles set out in Art. 2 of the UN Charter, it stipulates:By virtue of the principle of equal...