ABSTRACT
The United Nations has been studied both as a political organisation and constitutional system. Although there is frequent overlap between the two approaches, some of the main examples of the political approach can be found in the studies by H.G. Nicholas,1 Sydney Bailey2 and G.R. Berridge.3 Constitutional approaches can be found in the writings of Oscar Shachter,4 Christopher Joyner5 and Rosalyn Higgins.6 Some scholars, such as Hans Morgenthau, combine the two approaches in one context, but maintain a distinction between them in the discussion.7 Morgenthau argued:
In order to understand the constitutional functions and actual operations of the United Nations, it is necessary to distinguish sharply between the constitutional provisions of the Charter and the manner in which the agencies of the United Nations, under the pressure of unforeseen political circumstances, have actually performed their functions under the Charter. The government of the United Nations, like the government of the United States, can be understood only by confronting the provisions of the constitution with the realities of political practice.8
