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From jhdaugh@mail.msen.com Sun Jul 10 18:00:29 1994
Date: Thu, 7 Jul 94 20:50 EDT
From: James Daugherty <jhdaugh@mail.msen.com>
To: jhdaugh@mail.msen.com
Subject: un_charter.txt
CHARTER OF THE UNITED NATIONS
Preamble
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 cooperation 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 January 1, 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 the 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
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
cooperation 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 cooperation in the political field
and encouraging the progressive development of international
law and its codification;
b. promoting international cooperation 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, Composition 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
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 subcommittees.
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
co-operation; 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 cooperation 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 coordination
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 coordinate 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.
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 cooperate 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 Chapter 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
d. 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
defense 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 COUNCIL
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 I 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
October 30, 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 seven 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.
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