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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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