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联合国安理会的决议的地区适用效力一直是国际法领域中值得研究的课题。本文从卡迪案入手,试分析联合国安理会决议与欧共体法律之间的冲突,以及尊重人权和集体安全之间的冲突。结合前任欧盟总检察长马杜罗和哈佛学者德布卡争锋相对的观点,本文从软宪政主义角度为联合国的改革指明方向。
The regional application of the resolutions of the UN Security Council has always been a subject worth studying in the field of international law. This article begins with the case of Kaddy, trying to analyze the conflict between UN Security Council resolutions and EC law and the conflict between respecting human rights and collective security. Combined with the viewpoints of former EU Attorney General Maduro and Harvard scholar Deb Bucalli, this article points out the direction for the reform of the United Nations from the perspective of soft constitutionalism.