PROCLAMATION NO. 4, March 12, 2020
MAKING PUBLIC THE CHARTER OF THE UNITED NATIONS, TOGETHER WITH THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, AND CALLING UPON EVERY CITIZEN TO COMPLY WITH THE PROVISIONS OF…
Whereas, the Government of the United States of America, on
behalf of itself and of the Governments of the United Kingdom of Great Britain
and Northern Ireland, the Union of Soviet Socialist Republics, and the Republic
of China, invited the Government of the Commonwealth of the Philippines now the
Republic of the Philippines to send representatives to the conference of the
United Nations held at San Francisco, in the United States of America,
beginning April 25, 1945 to prepare a charter for an international organization
for the maintenance of international peace and security;
Whereas, the Commonwealth of the Philippines now the
Republic of the Philippines accepted the invitation and appointed the Chairman
and Members of the Philippine Delegation to the conference;
Whereas, the Philippine Delegation took part in the
deliberations of the conference and, together with the delegations of
forty-nine other nations, signed the Charter of the United Nations with the
Statute of the International Court of Justice annexed thereto, the original of
which Charter and Statute, in the English language, is word for word as
follows:
CHARTER OF THE UNITED NATIONS
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the scourge of war,
which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the
dignity and worth of the human person, in the equal rights of men and women and
of nations large and small, and
to establish conditions under which justice and respect for
the obligations arising from treaties and other sources of international law
can be maintained, and
to promote social progress and better standards of life in
larger freedom,
AND FOR THESE ENDS
to practice tolerance and live together in peace with one
another as good neighbors, and
to unite our strength to maintain international peace and
security, and
to ensure, by the acceptance of principles and the
institution of methods, that armed force shall not be used, save in the common
interest, and
to employ international machinery for the promotion of the
economic and social advancement of all peoples,
HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE
AIMS.
Accordingly, our respective Governments, through
representatives assembled in the city of San Francisco, who have exhibited
their full powers found to be in good and due form, have agreed to the present
Charter of the United Nations and do hereby establish an international
organization to be known as the United Nations.
CHAPTER I
PURPOSES AND PRINCIPLES
Article 1
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take
effective collective measures for the prevention and removal of threats to the
peace, and for the suppression of acts of aggression or other breaches of the
peace, and to bring about by peaceful means, and in conformity with the
principles of justice and international law, adjustment or settlement of
international disputes or situations which might lead to a breach of the peace;
2.
To develop friendly relations among nations based on respect for the principle
of equal rights and self-determination of peoples, and to take other appropriate
measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion; and
4. To be a center for harmonizing the actions of nations in the attainment of
these common ends.
Article 2
The Organization and its Members, in pursuit of the Purposes
stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its
Members.
2. All Members, in order to ensure to all of them the rights and benefits
resulting from membership, shall fulfill in good faith the obligations assumed
by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such
a manner that international peace and security, and justice, are not
endangered.
4. All Members shall refrain in their international relations from the threat or
use of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the Purposes of the United
Nations.
5. All Members shall give the United Nations every assistance in any action it
takes in accordance with the present Charter, and shall refrain from giving
assistance to any state against which the United Nations is taking preventive
or enforcement action.
6. The Organization shall ensure that states which are not Members of the United
Nations act in accordance with these Principles so far as may be necessary for
the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of
any state or shall require the Members to submit such matters to settlement
under the present Charter; but this principle shall not prejudice the
application of enforcement measures under Chapter VII.
CHAPTER II: MEMBERSHIP
Article 3
The original Members of the United Nations shall be the
states which, having participated in the United Nations Conference on
International Organization at San Francisco, or having previously signed the
Declaration by United Nations of 1 January 1942, sign the present Charter and
ratify it in accordance with Article 110.
Article 4
1.
Membership in the United Nations is open to all other peace-loving states which
accept the obligations contained in the present Charter and, in the judgment of
the Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be
effected by a decision of the General Assembly upon the recommendation of the
Security Council.
Article 5
A Member of the United Nations against which preventive or
enforcement action has been taken by the Security Council may be suspended from
the exercise of the rights and privileges of membership by the General Assembly
upon the recommendation of the Security Council. The exercise of these rights
and privileges may be restored by the Security Council.
Article 6
A Member of the United Nations which has persistently
violated the Principles contained in the present Charter may be expelled from
the Organization by the General Assembly upon the recommendation of the Security
Council.
CHAPTER III
ORGANS
Article 7
1. There are established as principal organs of the United Nations: a General
Assembly, a Security Council, an Economic and Social Council, a Trusteeship
Council, an International Court of Justice and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established in
accordance with the present Charter.
Article 8
The United Nations shall place no restrictions on the
eligibility of men and women to participate in any capacity and under
conditions of equality in its principal and subsidiary organs.
CHAPTER IV
THE GENERAL ASSEMBLY
COMPOSITION
Article 9
1. The General Assembly shall consist of all the Members of the United Nations.
2. Each Member shall have not more than five representatives in the General
Assembly.
FUNCTIONS and POWERS
Article 10
The General Assembly may discuss any questions or any
matters within the scope of the present Charter or relating to the powers and
functions of any organs provided for in the present Charter, and, except as
provided in Article 12, may make recommendations to the Members of the United
Nations or to the Security Council or to both on any such questions or matters.
Article 11
1. The General Assembly may consider the general principles of co-operation in the
maintenance of international peace and security, including the principles
governing disarmament and the regulation of armaments, and may make recommendations
with regard to such principles to the Members or to the Security Council or to
both.
2. The General Assembly may discuss any questions relating to the maintenance of
international peace and security brought before it by any Member of the United
Nations, or by the Security Council, or by a state which is not a Member of the
United Nations in accordance with Article 35, paragraph 2, and, except as
provided in Article 12, may make recommendations with regard to any such
questions to the state or states concerned or to the Security Council or to
both. Any such question on which action is necessary shall be referred to the
Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to
situations which are likely to endanger international peace and security.
4.
The powers of the General Assembly set forth in this Article shall not limit
the general scope of Article 10.
Article 12
1.
While the Security Council is exercising in respect of any dispute or situation
the functions assigned to it in the present Charter, the General Assembly shall
not make any recommendation with regard to that dispute or situation unless the
Security Council so requests.
2.
The Secretary-General, with the consent of the Security Council, shall notify
the General Assembly at each session of any matters relative to the maintenance
of international peace and security which are being dealt with by the Security
Council and shall similarly notify the General Assembly, or the Members of the
United Nations if the General Assembly is not in session, immediately the
Security Council ceases to deal with such matters.
Article 13
1. The General Assembly shall initiate studies and make recommendations for the
purpose of:
a. promoting
international co-operation in the political field and encouraging the
progressive development of international law and its codification;
b. promoting
international co-operation in the economic, social, cultural, educational, and
health fields, and assisting in the realization of human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion.
2. The further responsibilities, functions and powers of the General Assembly with
respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters
IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly
may recommend measures for the peaceful adjustment of any situation, regardless
of origin, which it deems likely to impair the general welfare or friendly
relations among nations, including situations resulting from a violation of the
provisions of the present Charter setting forth the Purposes and Principles of
the United Nations.
Article 15
1. The General Assembly shall receive and consider annual and special reports from
the Security Council; these reports shall include an account of the measures
that the Security Council has decided upon or taken to maintain international
peace and security.
2. The General Assembly shall receive and consider reports from the other organs
of the United Nations.
Article 16
The General Assembly shall perform such functions with
respect to the international trusteeship system as are assigned to it under
Chapters XII and XIII, including the approval of the trusteeship agreements for
areas not designated as strategic.
Article 17
1. The General Assembly shall consider and approve the budget of the Organization.
2. The expenses of the Organization shall be borne by the Members as apportioned
by the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary
arrangements with specialized agencies referred to in Article 57 and shall
examine the administrative budgets of such specialized agencies with a view to
making recommendations to the agencies concerned.
VOTING
Article 18
1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be made by a
two-thirds majority of the members present and voting. These questions shall
include: recommendations with respect to the maintenance of international peace
and security, the election of the non-permanent members of the Security
Council, the election of the members of the Economic and Social Council, the
election of members of the Trusteeship Council in accordance with paragraph 1
(c) of Article 86, the admission of new Members to the United Nations, the
suspension of the rights and privileges of membership, the expulsion of
Members, questions relating to the operation of the trusteeship system, and
budgetary questions.
3. Decisions on other questions, including the determination of additional
categories of questions to be decided by a two-thirds majority, shall be made
by a majority of the members present and voting.
Article 19
A Member of the United Nations which is in arrears in the
payment of its financial contributions to the Organization shall have no vote
in the General Assembly if the amount of its arrears equals or exceeds the
amount of the contributions due from it for the preceding two full years. The
General Assembly may, nevertheless, permit such a Member to vote if it is
satisfied that the failure to pay is due to conditions beyond the control of
the Member.
PROCEDURE
Article 20
The General Assembly shall meet in regular annual sessions
and in such special sessions as occasion may require. Special sessions shall be
convoked by the Secretary-General at the request of the Security Council or of
a majority of the Members of the United Nations.
Article 21
The General Assembly shall adopt its own rules of procedure.
It shall elect its President for each session.
Article 22
The General Assembly may establish such subsidiary organs as
it deems necessary for the performance of its functions.
CHAPTER V: THE SECURITY COUNCIL
COMPOSITION
Article 23
1. The Security Council shall consist of fifteen Members of the United Nations.
The Republic of China, France, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland, and the United States of
America shall be permanent members of the Security Council. The General
Assembly shall elect ten other Members of the United Nations to be
non-permanent members of the Security Council, due regard being specially paid,
in the first instance to the contribution of Members of the United Nations to
the maintenance of international peace and security and to the other purposes
of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term
of two years. In the first election of the non-permanent members after the
increase of the membership of the Security Council from eleven to fifteen, two
of the four additional members shall be chosen for a term of one year. A
retiring member shall not be eligible for immediate re-election.
3. Each member of the Security Council shall have one representative.
FUNCTIONS and POWERS
Article 24
1. In order to ensure prompt and effective action by the United Nations, its
Members confer on the Security Council primary responsibility for the
maintenance of international peace and security, and agree that in carrying out
its duties under this responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with
the Purposes and Principles of the United Nations. The specific powers granted
to the Security Council for the discharge of these duties are laid down in
Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special reports
to the General Assembly for its consideration.
Article 25
The Members of the United Nations agree to accept and carry
out the decisions of the Security Council in accordance with the present
Charter.
Article 26
In order to promote the establishment and maintenance of
international peace and security with the least diversion for armaments of the
world’s human and economic resources, the Security Council shall be responsible
for formulating, with the assistance of the Military Staff Committee referred
to in Article 47, plans to be submitted to the Members of the United Nations
for the establishment of a system for the regulation of armaments.
VOTING
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an
affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made by an
affirmative vote of nine members including the concurring votes of the permanent
members; provided that, in decisions under Chapter VI, and under paragraph 3 of
Article 52, a party to a dispute shall abstain from voting.
PROCEDURE
Article 28
1. The Security Council shall be so organized as to be able to function
continuously. Each member of the Security Council shall for this purpose be
represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of its members
may, if it so desires, be represented by a member of the government or by some
other specially designated representative.
3. The Security Council may hold meetings at such places other than the seat of
the Organization as in its judgment will best facilitate its work.
Article 29
The Security Council may establish such subsidiary organs as
it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure,
including the method of selecting its President.
Article 31
Any Member of the United Nations which is not a member of
the Security Council may participate, without vote, in the discussion of any
question brought before the Security Council whenever the latter considers that
the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a member of
the Security Council or any state which is not a Member of the United Nations,
if it is a party to a dispute under consideration by the Security Council,
shall be invited to participate, without vote, in the discussion relating to
the dispute. The Security Council shall lay down such conditions as it deems
just for the participation of a state which is not a Member of the United
Nations.
CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or arrangements, or other
peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to
settle their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any
situation which might lead to international friction or give rise to a dispute,
in order to determine whether the continuance of the dispute or situation is
likely to endanger the maintenance of international peace and security.
Article 35
1. Any Member of the United Nations may bring any dispute, or any situation of the
nature referred to in Article 34, to the attention of the Security Council or
of the General Assembly.
2. A state which is not a Member of the United Nations may bring to the attention
of the Security Council or of the General Assembly any dispute to which it is a
party if it accepts in advance, for the purposes of the dispute, the
obligations of pacific settlement provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters brought to its
attention under this Article will be subject to the provisions of Articles 11
and 12.
Article 36
1. The Security Council may, at any stage of a dispute of the nature referred to
in Article 33 or of a situation of like nature, recommend appropriate
procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the
settlement of the dispute which have already been adopted by the parties.
3. In making recommendations under this Article the Security Council should also
take into consideration that legal disputes should as a general rule be
referred by the parties to the International Court of Justice in accordance
with the provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature referred to in Article 33 fail to
settle it by the means indicated in that Article, they shall refer it to the
Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact
likely to endanger the maintenance of international peace and security, it
shall decide whether to take action under Article 36 or to recommend such terms
of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37,
the Security Council may, if all the parties to any dispute so request, make
recommendations to the parties with a view to a pacific settlement of the
dispute.
CHAPTER VII
ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE
PEACE, AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the existence of any
threat to the peace, breach of the peace, or act of aggression and shall make
recommendations, or decide what measures shall be taken in accordance with
Articles 41 and 42, to maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation, the
Security Council may, before making the recommendations or deciding upon the
measures provided for in Article 39, call upon the parties concerned to comply
with such provisional measures as it deems necessary or desirable. Such
provisional measures shall be without prejudice to the rights, claims, or
position of the parties concerned. The Security Council shall duly take account
of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving
the use of armed force are to be employed to give effect to its decisions, and
it may call upon the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations and of
rail, sea, air, postal, telegraphic, radio, and other means of communication,
and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided
for in Article 41 would be inadequate or have proved to be inadequate, it may
take such action by air, sea, or land forces as may be necessary to maintain or
restore international peace and security. Such action may include
demonstrations, blockade, and other operations by air, sea, or land forces of
Members of the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the Security
Council, on its call and in accordance with a special agreement or agreements,
armed forces, assistance, and facilities, including rights of passage,
necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces,
their degree of readiness and general location, and the nature of the
facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the
initiative of the Security Council. They shall be concluded between the
Security Council and Members or between the Security Council and groups of
Members and shall be subject to ratification by the signatory states in
accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall,
before calling upon a Member not represented on it to provide armed forces in
fulfillment of the obligations assumed under Article 43, invite that Member, if
the Member so desires, to participate in the decisions of the Security Council
concerning the employment of contingents of that Member’s armed forces.
Article 45
In order to enable the United Nations to take urgent
military measures, Members shall hold immediately available national air-force
contingents for combined international enforcement action. The strength and
degree of readiness of these contingents and plans for their combined action
shall be determined within the limits laid down in the special agreement or
agreements referred to in Article 43, by the Security Council with the
assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by
the Security Council with the assistance of the Military Staff Committee.
Article 47
1. There shall be established a Military Staff Committee to advise and assist the
Security Council on all questions relating to the Security Council’s military
requirements for the maintenance of international peace and security, the
employment and command of forces placed at its disposal, the regulation of
armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the
permanent members of the Security Council or their representatives. Any Member
of the United Nations not permanently represented on the Committee shall be
invited by the Committee to be associated with it when the efficient discharge
of the Committee’s responsibilities requires the participation of that Member
in its work.
3. The Military Staff Committee shall be responsible under the Security Council
for the strategic direction of any armed forces placed at the disposal of the
Security Council. Questions relating to the command of such forces shall be
worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council
and after consultation with appropriate regional agencies, may establish
regional sub-committees.
Article 48
1. The action required to carry out the decisions of the Security Council for the
maintenance of international peace and security shall be taken by all the
Members of the United Nations or by some of them, as the Security Council may
determine.
2. Such decisions shall be carried out by the Members of the United Nations
directly and through their action in the appropriate international agencies of
which they are members.
Article 49
The Members of the United Nations shall join in affording
mutual assistance in carrying out the measures decided upon by the Security
Council.
Article 50
If preventive or enforcement measures against any state are
taken by the Security Council, any other state, whether a Member of the United
Nations or not, which finds itself confronted with special economic problems
arising from the carrying out of those measures shall have the right to consult
the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent
right of individual or collective self-defense if an armed attack occurs
against a Member of the United Nations, until the Security Council has taken
measures necessary to maintain international peace and security. Measures taken
by Members in the exercise of this right of self-defense shall be immediately
reported to the Security Council and shall not in any way affect the authority
and responsibility of the Security Council under the present Charter to take at
any time such action as it deems necessary in order to maintain or restore
international peace and security.
CHAPTER VIII
REGIONAL ARRANGEMENTS
Article 52
1. Nothing in the present Charter precludes the existence of regional arrangements
or agencies for dealing with such matters relating to the maintenance of
international peace and security as are appropriate for regional action
provided that such arrangements or agencies and their activities are consistent
with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements or
constituting such agencies shall make every effort to achieve pacific
settlement of local disputes through such regional arrangements or by such
regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of
local disputes through such regional arrangements or by such regional agencies
either on the initiative of the states concerned or by reference from the
Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.
Article 53
1. The Security Council shall, where appropriate, utilize such regional
arrangements or agencies for enforcement action under its authority. But no
enforcement action shall be taken under regional arrangements or by regional
agencies without the authorization of the Security Council, with the exception
of measures against any enemy state, as defined in paragraph 2 of this Article,
provided for pursuant to Article 107 or in regional arrangements directed
against renewal of aggressive policy on the part of any such state, until such
time as the Organization may, on request of the Governments concerned, be
charged with the responsibility for preventing further aggression by such a
state.
2. The term enemy state as used in paragraph 1 of this Article applies to any
state which during the Second World War has been an enemy of any signatory of
the present Charter.
Article 54
The Security Council shall at all times be kept fully
informed of activities undertaken or in contemplation under regional
arrangements or by regional agencies for the maintenance of international peace
and security.
CHAPTER IX
INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION
Article 55
With a view to the creation of conditions of stability and
well-being which are necessary for peaceful and friendly relations among
nations based on respect for the principle of equal rights and
self-determination of peoples, the United Nations shall promote:
a. higher
standards of living, full employment, and conditions of economic and social
progress and development;
b. solutions of
international economic, social, health, and related problems; and international
cultural and educational cooperation; and
c. universal
respect for, and observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion.
Article 56
All Members pledge themselves to take joint and separate
action in co-operation with the Organization for the achievement of the
purposes set forth in Article 55.
Article 57
1. The various specialized agencies, established by intergovernmental agreement
and having wide international responsibilities, as defined in their basic
instruments, in economic, social, cultural, educational, health, and related
fields, shall be brought into relationship with the United Nations in
accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations are
hereinafter referred to as specialized agencies.
Article 58
The Organization shall make recommendations for the
co-ordination of the policies and activities of the specialized agencies.
Article 59
The Organization shall, where appropriate, initiate
negotiations among the states concerned for the creation of any new specialized
agencies required for the accomplishment of the purposes set forth in Article
55.
Article 60
Responsibility for the discharge of the functions of the
Organization set forth in this Chapter shall be vested in the General Assembly
and, under the authority of the General Assembly, in the Economic and Social
Council, which shall have for this purpose the powers set forth in Chapter X.
CHAPTER X
THE ECONOMIC AND SOCIAL COUNCIL
COMPOSITION
Article 61
1. The Economic and Social Council shall consist of fifty-four Members of the
United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the Economic and
Social Council shall be elected each year for a term of three years. A retiring
member shall be eligible for immediate re-election.
3. At the first election after the increase in the membership of the Economic and
Social Council from twenty-seven to fifty-four members, in addition to the
members elected in place of the nine members whose term of office expires at
the end of that year, twenty-seven additional members shall be elected. Of
these twenty-seven additional members, the term of office of nine members so
elected shall expire at the end of one year, and of nine other members at the
end of two years, in accordance with arrangements made by the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.
FUNCTIONS and POWERS
Article 62
1. The Economic and Social Council may make or initiate studies and reports with
respect to international economic, social, cultural, educational, health, and
related matters and may make recommendations with respect to any such matters
to the General Assembly to the Members of the United Nations, and to the
specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and
observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with
respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations,
international conferences on matters falling within its competence.
Article 63
1. The Economic and Social Council may enter into agreements with any of the
agencies referred to in Article 57, defining the terms on which the agency
concerned shall be brought into relationship with the United Nations. Such
agreements shall be subject to approval by the General Assembly.
2. It may co-ordinate the activities of the specialized agencies through
consultation with and recommendations to such agencies and through
recommendations to the General Assembly and to the Members of the United
Nations.
Article 64
1. The Economic and Social Council may take appropriate steps to obtain regular
reports from the specialized agencies. It may make arrangements with the
Members of the United Nations and with the specialized agencies to obtain
reports on the steps taken to give effect to its own recommendations and to
recommendations on matters falling within its competence made by the General
Assembly.
2. It may communicate its observations on these reports to the General Assembly.
Article 65
The Economic and Social Council may furnish information to
the Security Council and shall assist the Security Council upon its request.
Article 66
1. The Economic and Social Council shall perform such functions as fall within its
competence in connection with the carrying out of the recommendations of the
General Assembly.
2. It may, with the approval of the General Assembly, perform services at the
request of Members of the United Nations and at the request of specialized
agencies.
3. It shall perform such other functions as are specified elsewhere in the present
Charter or as may be assigned to it by the General Assembly.
VOTING
Article 67
1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be made by a majority of the
members present and voting.
PROCEDURE
Article 68
The Economic and Social Council shall set up commissions in
economic and social fields and for the promotion of human rights, and such
other commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council shall invite any Member of
the United Nations to participate, without vote, in its deliberations on any
matter of particular concern to that Member.
Article 70
The Economic and Social Council may make arrangements for
representatives of the specialized agencies to participate, without vote, in
its deliberations and in those of the commissions established by it, and for
its representatives to participate in the deliberations of the specialized
agencies.
Article 71
The Economic and Social Council may make suitable
arrangements for consultation with non-governmental organizations which are
concerned with matters within its competence. Such arrangements may be made
with international organizations and, where appropriate, with national
organizations after consultation with the Member of the United Nations
concerned.
Article 72
1. The Economic and Social Council shall adopt its own rules of procedure,
including the method of selecting its President.
2. The Economic and Social Council shall meet as required in accordance with its
rules, which shall include provision for the convening of meetings on the
request of a majority of its members.
CHAPTER XI
DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations which have or assume
responsibilities for the administration of territories whose peoples have not
yet attained a full measure of self-government recognize the principle that the
interests of the inhabitants of these territories are paramount, and accept as
a sacred trust the obligation to promote to the utmost, within the system of
international peace and security established by the present Charter, the
well-being of the inhabitants of these territories, and, to this end:
a. to ensure,
with due respect for the culture of the peoples concerned, their political,
economic, social, and educational advancement, their just treatment, and their
protection against abuses;
b. to develop
self-government, to take due account of the political aspirations of the
peoples, and to assist them in the progressive development of their free political
institutions, according to the particular circumstances of each territory and
its peoples and their varying stages of advancement;
c. to further
international peace and security;
d. to promote
constructive measures of development, to encourage research, and to co-operate
with one another and, when and where appropriate, with specialized
international bodies with a view to the practical achievement of the social,
economic, and scientific purposes set forth in this Article; and
e. to transmit
regularly to the Secretary-General for information purposes, subject to such
limitation as security and constitutional considerations may require,
statistical and other information of a technical nature relating to economic,
social, and educational conditions in the territories for which they are
respectively responsible other than those territories to which Chapters XII and
XIII apply.
Article 74
Members of the United Nations also agree that their policy
in respect of the territories to which this Chapter applies, no less than in
respect of their metropolitan areas, must be based on the general principle of
good-neighborliness, due account being taken of the interests and well-being of
the rest of the world, in social, economic, and commercial matters.
CHAPTER XII
INTERNATIONAL TRUSTEESHIP SYSTEM
Article 75
The United Nations shall establish under its authority an
international trusteeship system for the administration and supervision of such
territories as may be placed thereunder by subsequent individual agreements.
These territories are hereinafter referred to as trust territories.
Article 76
The basic objectives of the trusteeship system, in
accordance with the Purposes of the United Nations laid down in Article 1 of
the present Charter, shall be:
a. to further
international peace and security;
b. to promote the
political, economic, social, and educational advancement of the inhabitants of
the trust territories, and their progressive development towards
self-government or independence as may be appropriate to the particular
circumstances of each territory and its peoples and the freely expressed wishes
of the peoples concerned, and as may be provided by the terms of each
trusteeship agreement;
c. to encourage
respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion, and to encourage
recognition of the interdependence of the peoples of the world; and to ensure
equal treatment in social, economic, and commercial matters for all Members of
the United Nations and their nationals, and also equal treatment for the latter
in the administration of justice, without prejudice to the attainment of the
foregoing objectives and subject to the provisions of Article 80.
Article 77
1. The trusteeship system shall apply to such territories in the following
categories as may be placed thereunder by means of trusteeship agreements:
a. territories
now held under mandate;
b. territories
which may be detached from enemy states as a result of the Second World War;
and
c. territories
voluntarily placed under the system by states responsible for their
administration.
2. It will be a matter for subsequent agreement as to which territories in the
foregoing categories will be brought under the trusteeship system and upon what
terms.
Article 78
The trusteeship system shall not apply to territories which
have become Members of the United Nations, relationship among which shall be based
on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be placed
under the trusteeship system, including any alteration or amendment, shall be
agreed upon by the states directly concerned, including the mandatory power in
the case of territories held under mandate by a Member of the United Nations,
and shall be approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual trusteeship agreements, made under
Articles 77, 79, and 81, placing each territory under the trusteeship system,
and until such agreements have been concluded, nothing in this Chapter shall be
construed in or of itself to alter in any manner the rights whatsoever of any states
or any peoples or the terms of existing international instruments to which
Members of the United Nations may respectively be parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds for
delay or postponement of the negotiation and conclusion of agreements for
placing mandated and other territories under the trusteeship system as provided
for in Article 77.
Article 81
The trusteeship agreement shall in each case include the
terms under which the trust territory will be administered and designate the
authority which will exercise the administration of the trust territory. Such
authority, hereinafter called the administering authority, may be one or more
states or the Organization itself.
Article 82
There may be designated, in any trusteeship agreement, a
strategic area or areas which may include part or all of the trust territory to
which the agreement applies, without prejudice to any special agreement or
agreements made under Article 43.
Article 83
1. All functions of the United Nations relating to strategic areas, including the
approval of the terms of the trusteeship agreements and of their alteration or
amendment shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to the people
of each strategic area.
3. The Security Council shall, subject to the provisions of the trusteeship
agreements and without prejudice to security considerations, avail itself of the
assistance of the Trusteeship Council to perform those functions of the United
Nations under the trusteeship system relating to political, economic, social,
and educational matters in the strategic areas.
Article 84
It shall be the duty of the administering authority to
ensure that the trust territory shall play its part in the maintenance of
international peace and security. To this end the administering authority may
make use of volunteer forces, facilities, and assistance from the trust
territory in carrying out the obligations towards the Security Council
undertaken in this regard by the administering authority, as well as for local
defence and the maintenance of law and order within the trust territory.
Article 85
1. The functions of the United Nations with regard to trusteeship agreements for
all areas not designated as strategic, including the approval of the terms of
the trusteeship agreements and of their alteration or amendment, shall be
exercised by the General Assembly.
2. The Trusteeship Council, operating under the authority of the General Assembly
shall assist the General Assembly in carrying out these functions.
CHAPTER XIII
THE TRUSTEESHIP SYSTEM
COMPOSITION
Article 86
1. The Trusteeship Council shall consist of the following Members of the United
Nations:
a. those Members
administering trust territories;
b. such of those
Members mentioned by name in Article 23 as are not administering trust
territories; and
c. as many other
Members elected for three-year terms by the General Assembly as may be
necessary to ensure that the total number of members of the Trusteeship Council
is equally divided between those Members of the United Nations which administer
trust territories and those which do not.
2. Each member of the Trusteeship Council shall designate one specially qualified
person to represent it therein.
FUNCTIONS and POWERS
Article 87
The General Assembly and, under its authority, the
Trusteeship Council, in carrying out their functions, may:
a. consider
reports submitted by the administering authority;
b. accept
petitions and examine them in consultation with the administering authority;
c. provide for
periodic visits to the respective trust territories at times agreed upon with
the administering authority; and
d. take these and
other actions in conformity with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a questionnaire on the
political, economic, social, and educational advancement of the inhabitants of
each trust territory, and the administering authority for each trust territory
within the competence of the General Assembly shall make an annual report to
the General Assembly upon the basis of such questionnaire.
VOTING
Article 89
1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority of the members
present and voting.
PROCEDURE
Article 90
1. The Trusteeship Council shall adopt its own rules of procedure, including the
method of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which
shall include provision for the convening of meetings on the request of a
majority of its members.
Article 91
The Trusteeship Council shall, when appropriate, avail
itself of the assistance of the Economic and Social Council and of the
specialized agencies in regard to matters with which they are respectively
concerned.
CHAPTER XIV
THE INTERNATIONAL COURT OF JUSTICE
Article 92
The International Court of Justice shall be the principal
judicial organ of the United Nations. It shall function in accordance with the
annexed Statute, which is based upon the Statute of the Permanent Court of
International Justice and forms an integral part of the present Charter.
Article 93
1. All Members of the United Nations are ipso facto parties to the Statute of the
International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the
Statute of the International Court of Justice on conditions to be determined in
each case by the General Assembly upon the recommendation of the Security
Council.
Article 94
1. Each Member of the United Nations undertakes to comply with the decision of the
International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under
a judgment rendered by the Court, the other party may have recourse to the
Security Council, which may, if it deems necessary, make recommendations or
decide upon measures to be taken to give effect to the judgment.
Article 95
Nothing in the present Charter shall prevent Members of the
United Nations from entrusting the solution of their differences to other
tribunals by virtue of agreements already in existence or which may be
concluded in the future.
Article 96
1. The General Assembly or the Security Council may request the International
Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any
time be so authorized by the General Assembly, may also request advisory
opinions of the Court on legal questions arising within the scope of their
activities.
CHAPTER XV
THE SECRETARIAT
Article 97
The Secretariat shall comprise a Secretary-General and such
staff as the Organization may require. The Secretary-General shall be appointed
by the General Assembly upon the recommendation of the Security Council. He
shall be the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in that capacity in all
meetings of the General Assembly, of the Security Council, of the Economic and
Social Council, and of the Trusteeship Council, and shall perform such other
functions as are entrusted to him by these organs. The Secretary-General shall
make an annual report to the General Assembly on the work of the Organization.
Article 99
The Secretary-General may bring to the attention of the
Security Council any matter which in his opinion may threaten the maintenance
of international peace and security.
Article 100
1. In the performance of their duties the Secretary-General and the staff shall
not seek or receive instructions from any government or from any other authority
external to the Organization. They shall refrain from any action which might
reflect on their position as international officials responsible only to the
Organization.
2. Each Member of the United Nations undertakes to respect the exclusively
international character of the responsibilities of the Secretary-General and
the staff and not to seek to influence them in the discharge of their
responsibilities.
Article 101
1. The staff shall be appointed by the Secretary-General under regulations established
by the General Assembly.
2. Appropriate staffs shall be permanently assigned to the Economic and Social
Council, the Trusteeship Council, and, as required, to other organs of the
United Nations. These staffs shall form a part of the Secretariat.
3. The paramount consideration in the employment of the staff and in the
determination of the conditions of service shall be the necessity of securing the
highest standards of efficiency, competence, and integrity. Due regard shall be
paid to the importance of recruiting the staff on as wide a geographical basis
as possible.
CHAPTER XVI
MISCELLANEOUS PROVISIONS
Article 102
1. Every treaty and every international agreement entered into by any Member of
the United Nations after the present Charter comes into force shall as soon as
possible be registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been
registered in accordance with the provisions of paragraph 1 of this Article may
invoke that treaty or agreement before any organ of the United Nations.
Article 103
In the event of a conflict between the obligations of the
Members of the United Nations under the present Charter and their obligations
under any other international agreement, their obligations under the present
Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of each of its
Members such legal capacity as may be necessary for the exercise of its
functions and the fulfillment of its purposes.
Article 105
1. The Organization shall enjoy in the territory of each of its Members such
privileges and immunities as are necessary for the fulfillment of its purposes.
2. Representatives of the Members of the United Nations and officials of the
Organization shall similarly enjoy such privileges and immunities as are
necessary for the independent exercise of their functions in connection with
the Organization.
3. The General Assembly may make recommendations with a view to determining the
details of the application of paragraphs 1 and 2 of this Article or may propose
conventions to the Members of the United Nations for this purpose.
CHAPTER XVII
TRANSITIONAL SECURITY ARRANGEMENTS
Article 106
Pending the coming into force of such special agreements
referred to in Article 43 as in the opinion of the Security Council enable it
to begin the exercise of its responsibilities under Article 42, the parties to
the Four-Nation Declaration, signed at Moscow, 30 October 1943, and France,
shall, in accordance with the provisions of paragraph 5 of that Declaration,
consult with one another and as occasion requires with other Members of the
United Nations with a view to such joint action on behalf of the Organization
as may be necessary for the purpose of maintaining international peace and
security.
Article 107
Nothing in the present Charter shall invalidate or preclude
action, in relation to any state which during the Second World War has been an
enemy of any signatory to the present Charter, taken or authorized as a result
of that war by the Governments having responsibility for such action.
CHAPTER XVIII
AMENDMENTS
Article 108
Amendments to the present Charter shall come into force for
all Members of the United Nations when they have been adopted by a vote of two
thirds of the members of the General Assembly and ratified in accordance with
their respective constitutional processes by two thirds of the Members of the United
Nations, including all the permanent members of the Security Council.
Article 109
1. A General Conference of the Members of the United Nations for the purpose of
reviewing the present Charter may be held at a date and place to be fixed by a
two-thirds vote of the members of the General Assembly and by a vote of any
nine members of the Security Council. Each Member of the United Nations shall
have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the
conference shall take effect when ratified in accordance with their respective
constitutional processes by two thirds of the Members of the United Nations
including all the permanent members of the Security Council.
3. If such a conference has not been held before the tenth annual session of the
General Assembly following the coming into force of the present Charter, the proposal
to call such a conference shall be placed on the agenda of that session of the
General Assembly, and the conference shall be held if so decided by a majority
vote of the members of the General Assembly and by a vote of any seven members
of the Security Council.
CHAPTER XIX
RATIFICATION AND SIGNATURE
Article 110
1. The present Charter shall be ratified by the signatory states in accordance
with their respective constitutional processes.
2. The ratifications shall be deposited with the Government of the United States
of America, which shall notify all the signatory states of each deposit as well
as the Secretary-General of the Organization when he has been appointed.
3. The present Charter shall come into force upon the deposit of ratifications by
the Republic of China, France, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland, and the United States of
America, and by a majority of the other signatory states. A protocol of the
ratifications deposited shall thereupon be drawn up by the Government of the
United States of America which shall communicate copies thereof to all the
signatory states.
4.
The states signatory to the present Charter which ratify it after it has come
into force will become original Members of the United Nations on the date of
the deposit of their respective ratifications.
Article 111
The present Charter, of which the Chinese, French, Russian,
English, and Spanish texts are equally authentic, shall remain deposited in the
archives of the Government of the United States of America. Duly certified
copies thereof shall be transmitted by that Government to the Governments of
the other signatory states.
IN FAITH WHEREOF the representatives of the Governments of
the United Nations have signed the present Charter.
DONE at the city of San Francisco the twenty-sixth day of
June, one thousand nine hundred and forty-five.
STATUTE
OF THE INTERNATIONAL COURT
OF JUSTICE
Article 1
The International Court of Justice established by the
Charter of the United Nations as the principal judicial organ of the United
Nations shall be constituted and shall function in accordance with the
provisions of the present Statute.
CHAPTER I
ORGANIZATION OF THE COURT
Article 2
The Court shall be composed of a body of independent judges,
elected regardless of their nationality from among persons of high moral
character, who possess the qualifications required in their respective
countries for appointment to the highest judicial offices, or are juris
consults of recognized competence in international law.
Article 3
1. The Court
shall consist of fifteen members, no two of whom may be nationals of the same
state.
2. A person who
for the purposes of membership in the Court could be regarded as a national of
more than one state shall be deemed to be a national of the one in which he
ordinarily exercises civil and political rights.
Article 4
1. The members of
the Court shall be elected by the General Assembly and by the Security Council
from a list of persons nominated by the national groups in the Permanent Court
of Arbitration, in accordance with the following provisions.
2. In the case of
Members of the United Nations not represented in the Permanent Court of
Arbitration, candidates shall be nominated by national groups appointed for
this purpose by their governments under the same conditions as those prescribed
for members of the Permanent Court of Arbitration by Article 44 of the
Convention of The Hague of 1907 for the pacific settlement of international
disputes.
3. The conditions
under which a state which is a party to the present Statute but is not a Member
of the United Nations may participate in electing the members of the Court
shall, in the absence of a special agreement, be laid down by the General
Assembly upon recommendation of the Security Council.
Article 5
1. At least three
months before the date of the election, the Secretary-General of the United
Nations shall address a written request to the members of the Permanent Court
of Arbitration belonging to the states which are parties to the present
Statute, and to the members of the national groups appointed under Article 4,
paragraph 2, inviting them to undertake, within a given time, by national
groups, the nomination of persons in a position to accept the duties of a
member of the Court.
2. No group may
nominate more than four persons, not more than two of whom shall be of their
own nationality. In no case may the number of candidates nominated by a group
be more than double the number of seats to be filled.
Article 6
Before making these nominations, each national group is
recommended to consult its highest court of justice, its legal faculties and
schools of law, and its national academies and national sections of
international academies devoted to the study of law.
Article 7
1. The
Secretary-General shall prepare a list in alphabetical order of all the persons
thus nominated. Save as provided in Article 12, paragraph 2, these shall be the
only persons eligible.
2. The
Secretary-General shall submit this list to the General Assembly and to the
Security Council.
Article 8
The General Assembly and the Security Council shall proceed
independently of one another to elect the members of the Court.
Article 9
At every election, the electors shall bear in mind not only
that the persons to be elected should individually possess the qualifications
required, but also that in the body as a whole the representation of the main
forms of civilization and of the principal legal systems of the world should be
assured.
Article 10
1. Those
candidates who obtain an absolute majority of votes in the General Assembly and
in the Security Council shall be considered as elected.
2. Any vote of
the Security Council, whether for the election of judges or for the appointment
of members of the conference envisaged in Article 12, shall be taken without
any distinction between permanent and non-permanent members of the Security
Council.
3. In the event
of more than one national of the same state obtaining an absolute majority of
the votes both of the General Assembly and of the Security Council, the eldest
of these only shall be considered as elected.
Article 11
If, after the first meeting held for the purpose of the
election, one or more seats remain to be filled, a second and, if necessary, a
third meeting shall take place.
Article 12
1. If, after the
third meeting, one or more seats still remain unfilled, a joint conference
consisting of six members, three appointed by the General Assembly and three by
the Security Council, may be formed at any time at the request of either the
General Assembly or the Security Council, for the purpose of choosing by the
vote of an absolute majority one name for each seat still vacant, to submit to
the General Assembly and the Security Council for their respective acceptance.
2. If the joint
conference is unanimously agreed upon any person who fulfills the required
conditions, he may be included in its list, even though he was not included in
the list of nominations referred to in Article 7.
3. If the joint
conference is satisfied that it will not be successful in procuring an
election, those members of the Court who have already been elected shall,
within a period to be fixed by the Security Council, proceed to fill the vacant
seats by selection from among those candidates who have obtained votes either
in the General Assembly or in the Security Council.
4. In the event
of an equality of votes among the judges, the eldest judge shall have a casting
vote.
Article 13
1. The members of
the Court shall be elected for nine years and may be re-elected; provided,
however, that of the judges elected at the first election, the terms of five
judges shall expire at the end of three years and the terms of five more judges
shall expire at the end of six years.
2. The judges
whose terms are to expire at the end of the above-mentioned initial periods of
three and six years shall be chosen by lot to be drawn by the Secretary-General
immediately after the first election has been completed.
3. The members of
the Court shall continue to discharge their duties until their places have been
filled. Though replaced, they shall finish any cases which they may have begun.
4. In the case of
the resignation of a member of the Court, the resignation shall be addressed to
the President of the Court for transmission to the Secretary-General. This last
notification makes the place vacant.
Article 14
Vacancies shall be filled by the same method as that laid
down for the first election, subject to the following provision: the
Secretary-General shall, within one month of the occurrence of the vacancy,
proceed to issue the invitations provided for in Article 5, and the date of the
election shall be fixed by the Security Council.
Article 15
A member of the Court elected to replace a member whose term
of office has not expired shall hold office for the remainder of his
predecessor’s term.
Article 16
1. No member of
the Court may exercise any political or administrative function, or engage in
any other occupation of a professional nature.
2. Any doubt on
this point shall be settled by the decision of the Court.
Article 17
1. No member of
the Court may act as agent, counsel, or advocate in any case.
2. No member may
participate in the decision of any case in which he has previously taken part
as agent, counsel, or advocate for one of the parties, or as a member of a
national or international court, or of a commission of enquiry, or in any other
capacity.
3. Any doubt on
this point shall be settled by the decision of the Court.
Article 18
1. No member of
the Court can be dismissed unless, in the unanimous opinion of the other
members, he has ceased to fulfill the required conditions.
2. Formal
notification thereof shall be made to the Secretary-General by the Registrar.
3. This
notification makes the place vacant.
Article 19
The members of the Court, when engaged on the business of
the Court, shall enjoy diplomatic privileges and immunities.
Article 20
Every member of the Court shall, before taking up his
duties, make a solemn declaration in open court that he will exercise his
powers impartially and conscientiously.
Article 21
1. The Court
shall elect its President and Vice-President for th
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