THE WORLD CHARTER
MAINTAINING PEACE.
AIMS OF UNITED NATIONS. SUMMARY OF PROVISIONS. (N.Z. Press Association —Copyright.) SAN FRANCISCO, June 27. Tlie Charter of the United Nations, a a product of 60 days’ deliberations in San Francisco, exceeds 9000 words and comprises 111 articles, divided into 19 chapters. The preamble to the Charter reads: “We, the peoples of the United Nations, determined to save succeeding generations from tlie scourge of war, which twice in our lifelime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of tlie human person, in tlie 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 he 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 neighbours, and to unite our strength to maintain international peace and security, and by the acceptance of principles and the institution of methods to ensure 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 organisation to be known as the United Nations.” The United Nations World Organisation will seek to maintain international peace and security by peaceful means, but by force if necessary. It will also aim to develop international amity based on respect for equal rights ariß self-determination of peoples. , Divisions of Organisation. It will strive to achieve international co-operation in solving world - wide economic, social and cultural probby encouraging respect for human rights and basic freedoms, 'without distinction as to race, sex, language or religion.” The members of the World Organisation are recognised as sovereign and equal, and they pledge that they will settle their disputes by peaceful means and will not menace the territorial integrity of any State. •' / • ." ... The organisation, on its part, win not invade any State’s domestic jurisdiction,, but this principle cannot be invoked to balk measures foi maintaining international peace and security. . . Non-member States can join the United Nations if they are “peaceloving,” accept the Charter and its obligations, and, in the organisation s opinion, can fulfil those obligations. Such States can be admitted by the General Assembly upon the recommendation of the Security Council. A member against whom preventive or enforcement action has been taken by the Security Council may he suspended by the Assembly upon the Council’s recommendation. The Council may also reinstate such a member. The Assembly, also on the Council s recommendation, may expel violators of the principles of the Charter. The principal organs of the United Nations Organisation are the Assembly and the Security Council, the Economic and Social Council, the Trusteeship Council and the International Court of Justice, and the Secretariat. Subsidiary units are to be established as found necessary. Men and women will participate on an equal basis in all of the organisation’s branches. Composed of no more than five representatives from each member State — with, each State having one vote—the Assembly will meet annually, but special sessions can be^ convened. As a forum of the United Nations, the Assembly may discuss any matter within the Charter’s compass and make recommendations on such matters to the member States and the Security Council. It is precluded, however, from making recommendations on security matters under consideration by the Security Council, except at the Council’s request. The Security Council. Among other functions, the Assembly may consider the principles governing disarmament and armaments control. It is to initiate studies and make recommendations for promoting international co-operation in the political field and encouraging the progressive development of international law and its codification. In the same way it is to promote international cooperation in the political, social, economic, cultural, . educational and healt h fields. The Assembly will elect non-permanent'members of the Security Council, elective members of the Trusteeship Council, and all members of the Social and Economic Council, and it will participate in the election of judges of the International Court. It will also supervise the organisation’s fiscal arrangements. The decisions of the Assembly on important questions will be by a two-thirds vote of the members present and voting. A simple majority will suffice for other matters.
Charged with the primary responsibility for maintaining world security and peace as a continuously functioning action arm of the United Nations, the Security Council will consist of 11 members, including five permanent members —• the United States, the United Kingdom, the Soviet Union, China, and France. Other members will serve for two-year- terms with “due regard” paid in their selection to their geographical distribution and their contribution to world security. The Council decisions will be by a majority vote with a concurrence of the permanent members required in substantive as distinguished from procedural matters. • Any member of the
United Nations may participate without a vote in the Council’s deliberations at the Council’s discretion. Any non-member, if it is a party to a dispute, may be invited to participate in the Council discussions under conditions set by the Council. Disputants are obliged to seek settlements through such means as “negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements.” If such measures fail, the disputants are to refer their cases to the Security Council. The Council, on its part, may investigate disputes or situations menacing the peace and call upon the parties to seek a peaceful settlement. The Council, in addition, may recommend conciliatory procedures. Moreover, any organisation member, of its own volition, may bring a dispute to the attention of the Council of the Assembly. The Security Council, after determining that a situation represents a threat to peace, may direct the parties to take provisional measures to prevent aggravation of the situation. If necessary, the Council may call upon organisation members to apply diplomatic and economic sanctions or such measures as “demonstrations, blockade, and other operations by air, sea, or land forces of members of the United Nations,” Economic and Social Council. Military assistance and facilities, in addition to the rights of passage, may be mad© with the aid of a military staff committee consisting of the chiefs of staff and the Council’s permanent members. The committee will be responsible for the strategic direction of the forces at the Council’s disposal. The committee may establish regional sub-units on the Council’s authorisation and after consulting the regional agencies concerned. Member States, individually or collectively, may act to repel an armed attack until the Council intervenes. Regional security agencies and systems pledge that they will make every effort to achieve a peaceful settlement of local disputes with the Security Council encouraging such procedures. The Council, moreover, will utilise regional agencies for enforcement action in appropriate cases. No regional agency, however, is authorised to take enforcement action on its own initiative except that directed against renewed aggression by an enemy State of this war. Comprising 18 members, the Economic and Social Council will make or initiate studies and reports on matters within its purview, and make recommendations to the Assembly, organisation members, and specialised agencies. On matters within its field the Council may submit draft conventions to the Assembly, call international conferences, and create whatever subsidiary commissions it considers necessary, including a commis sion on human rights to draft an inter national Bill of Rights. The Council, as co-ordinator of specialised agencies’ activities, may obtain reports from these units and also from organisation members on the steps taken by them to implement its own and the Assembly’s recommendations. The Council will meet as required. Its decisions, will be made by a majority vote. I • ,- : ' ' / Dependent Territories. All organisation members administering dependent territories, in recognising the paramountcy of the interests of the inhabitants of those areas, promise to: (1) Ensure the political, economic, social and educational advancement of dependent peoples and protect them against abuses. (2) To develop self-government, taking “due account” of the people’s political aspirations, and help them to develop their free political institutions. according to the particular circumstances of each territory and the peoples and their varying stages of advancement. (3) Uo-operate in promoting research and other measures for improving the people’s welfare. (4) Submit to the Secretary-Gene-ral of the 'Vy’orld Organisation, subject to security’ and constitutional limitations, statistical and technical information on social, economic, and educational conditions within the dependent territories not included in the trusteeship system. The dependent territories are to be placed under a trusteeship system in accordance with individual agreements to be made later by the States concerned. Territories which may come under the system are those now under mandate, those which may be detached from the enemy States of this war, and other dependent areas which may voluntarily be placed under the system by the States currently administering them. The basic aim of the system is to promote the welfare of the people in trust territories and to assist them toward self-government or independence, whichever is appropriate to the circumstances in each territory, the will of its people and the terms of the particular trusteeship agreement concerned. Another basic aim is to encourage respect for human rights and basic freedoms, and to eliminate discrimination. The trusteeship agreement, besides embracing the terms under which trust territory is to be administered, will designate the administering authority, which may be one or more members of the United Nations. The agreement may designate one or part of a trust territory as strategic. Trusteeship Council. The World Organisation’s functions in respect to such strategic areas will be handled by the Security Council, while the Assembly will handle those functions in non-strategic areas. But the aims of the system will apply to peoples in both types. In this connection the Security Council may utilise the Trusteeship Council in the implementation of systems of political and welfare aims in strategic trust areas. The Trusteeship Council will be composed of an equal number of States which administer trusteeship territories and States which do not, with the five permanent members of the Security Council guaranteed in the representation in whatever category they fall. The Council may consider reports from an administering authority, examine petitions in consultation with the authority, and provide for periodic visits to the trust territory at a time agreed upon by the authority. On a basis of a questionnaire by the Council the authority administering a non-strategic trust territory will make an annual report to the Assembly on
welfare and improvements made in the area. Decisions of the Trusteeship Council will be by majority vote, each member having one vote. All members of the World Organisation are automatically parties to the statute of the International Court of Justice annexed to the Charter, which defines the Court’s make-up. A nonmember of the United Nations may become a party on conditions to be set up by the Assembly and upon the recommendation of the Security Council. Each Organisation member pledges compliance with the Court’s decisions in litigation to which it is a party. Cases of non-compliance may be submitted for action to the Security Council by an aggrieved party. The Assembly and Security Council may request advisory opinions from the Court, and the other organs of the Organisation may do so on the Assembly’s authorisation. The administrative activities of the United Nations will be handled by a secretariat free from all national obligations and beaded by a SecretaryGeneral appointed by the Assembly upon the Security Council’s recommendation. One of his prime functions will lie to direct the Security Council’s attention to any situation which he deems; a threat to world peace and security." Until the Charter conies into force and the Security Council deems itself ready to function effectively, the nations destined to become permanent members of the Security Council will consult among themselves and with other signatory States. Amendments to the Charter will become operative when they have been adopted by the Assembly by a two-thirds vote and ratified by twotliirds of the Organisation’s members, including the five permanent members of the Security Council.
By vote of two- thirds of the Assembly and any seven members of the Security Council a general conference for reviewing the Charter may be held. This conference may propose amendments by a two-thirds vote, with amendments to become operative upon ratification by two-thirds of the Organisation’s members, including all the permanent members of the Security Council.
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Bibliographic details
Ashburton Guardian, Volume 65, Issue 221, 29 June 1945, Page 3
Word Count
2,134THE WORLD CHARTER Ashburton Guardian, Volume 65, Issue 221, 29 June 1945, Page 3
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