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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
Article 9
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.
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.
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 there under 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 there under 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.
[ signatures not reproduced here]
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