SUGGESTED REVISIONS TO
THE CHARTER OF THE UNITED NATIONS
Christopher G. Senie
Latest Revision Date - December 23, 1997
- Contents -
Key
Introduction
Charter
Comment
Annex I. - Statute of International Court of Justice
Annex II. - Universal Declaration of Human Rights
KEY
Current text (regular type)
Suggested omissions from current text (striked through)
PROPOSED TEXT (all caps)
PROPOSED TEXT BORROWED FROM CLARK* (caps underlined)
*Greenville Clark and Louis B. Sohn, World Peace Through World Law, Harvard University Press 1958
INTRODUCTION
The Charter of the United Nations and the Statute of the International Court of Justice are written below with suggested revisions, proposed in the spirit of improving and strengthening this vital international organization.
HIGHLIGHTS OF THE PROPOSAL
1. The revisions suggest a two chamber General Assembly. The House of Delegates would be reconstituted every three years and would consist of delegates representing Global Regions (as opposed to nations). Resolutions of the House of Delegates would be considered carried if at least 62% of the total number of delegates vote their approval, and if a majority of votes are obtained in the required number of North South Zones (defined). [Article 18]
The Hall of Ambassadors would be made up of one Ambassador per member state, appointed by the Nation’s recognized federal government. Ambassadorship terms would be four years. Each Ambassador would have one vote and actions of the hall would carry if resolutions are passed by at least 62% of the total number of Ambassadors. [Article 18]
Actions of the General Assembly would require passage in both chambers, except for those specific items reserved to one or the other. The actions of the General Assembly would be binding legislation and would have the full force of international law. [Articles 9 & 10]
2. The Hall of Ambassadors would elect the Justices of the International Court of Justice as terms expire, and the House of Delegates would elect the officers of the Secretariat shortly after the commencement of each new House term. [Articles 96 & 101]
3. The Security Council would be eliminated. [Articles 23-32]
4. The Secretariat would be given the full authority to execute and enforce the laws adopted by the General Assembly and the judgments and decrees rendered by the International Court of Justice. However, before it could use force against any nation it would have to obtain a "Writ of Enforcement" from the International Court of Justice. [Articles 39, 42 & 97]
5. There would be an International Security Committee which would be advisory to the Secretary-General, who would be the Commander in Chief of the U.N. peace keeping forces. [Article 47]
6. The Universal Declaration of Human Rights would be incorporated into the Charter and made a part thereof. Suits to enforce these rights could be brought in national courts and the International Court of Justice by the Secretariat, States and non-governmental parties with standing. [Article 55]
7. Immunity from prosecution for actions taken by world leaders that cause damage, death or injury would be lost if the leaders ignore the terms of a special writ issued by the International Court of Justice, where the writ specifically names the leaders and establishes that such actions (or failures to act) if continued would be a grievous violation of the Universal Declaration of Human Rights, the Charter, laws adopted by the General Assembly or a Judgment of the Court. [Article 55]
8. The chapter on Economic and Social Council Composition and the chapters on the International Trusteeship System would be eliminated. Provisions such as these can be adopted as legislation by the General Assembly.[Articles 61-72 & 75-91]
9. The International Court of Justice would have compulsory jurisdiction over all international disputes arising under and within the scope of the Charter brought to it by parties having standing in those disputes. Suits may be brought by the Secretariat, States, and non-governmental parties where such a suit is brought against the Secretariat or a State. The Court would have the power to review and declare invalid actions of the General Assembly and the Secretariat. Further, the Court could declare invalid the laws of a sovereign nation if the plaintiff meets a heavy burden of showing that the claimed illegal activity does in fact constitute an international dispute arising under the Charter. [Articles 93 & 96, and Statute Article 36]
10. The definition of statehood would be expanded to allow for "shared sovereign control" over a geographic territory. [Article 6]
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. WHEREAS DULY EMPOWERED REPRESENTATIVES OF MANY OF THE CURRENT MEMBERS OF THE UNITED NATIONS DID ASSEMBLE IN THE CITY OF SAN FRANCISCO IN THE YEAR 1945 AND ESTABLISH AN INTERNATIONAL ORGANIZATION KNOWN AS THE UNITED NATIONS, AND
WHEREAS MODIFICATIONS OF THE CHARTER ADOPTED AT THAT ASSEMBLY HAVE ON SEVERAL OCCASIONS BEEN MADE IN THE PAST AND ADDITIONAL MODIFICATIONS ARE NOW THOUGHT BY THE CURRENT MEMBERS OF THE UNITED NATIONS TO BE ADVISABLE AND NECESSARY TO FURTHER ADVANCE THE ABOVE STATED IDEALS,
NOW THEREFORE: IN ACCORD WITH THE REQUIREMENTS FOR CHARTER AMENDMENTS AS SET FORTH IN CHAPTER XVIII OF THE ORIGINAL CHARTER, THE MEMBERSHIP OF THE UNITED NATIONS HEREBY AGAIN REVISES THE CHARTER AND CONTINUES THIS IMPORTANT INTERNATIONAL ORGANIZATION WITH THE STRUCTURE, FUNCTIONS AND POWERS SET FORTH IN THE FOLLOWING ARTICLES.
CHAPTER I
Purposes
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 the 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.
Principles
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. ALL NATIONS SHALL BE EQUALLY ENTITLED TO THE PROTECTIONS GUARANTEED BY THIS REVISED CHARTER, IRRESPECTIVE OF SIZE, POPULATION OR ANY OTHER FACTOR; AND THERE ARE RESERVED TO ALL NATIONS AND THEIR PEOPLES ALL POWERS INHERENT IN THEIR SOVEREIGNTY, EXCEPT SUCH AS ARE DELEGATED TO THE UNITED NATIONS BY THIS REVISED CHARTER, EITHER BY EXPRESS LANGUAGE OR CLEAR IMPLICATION.
2. All members, in order to insure to all of them the rights and benefits resulting from the 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 member or 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 provisions of 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 insure that states not members 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. OR COMPROMISE THE EFFECTIVE AND PROPER FUNCTIONING OF THE UNITED NATIONS AS SET FORTH IN THIS CHARTER.
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 have previously signed the declaration of the United Nations on Jan. 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. SECRETARIAT.
Article 5 - A member of the United Nations against which preventive or enforcement action has been taken by the Security Council WHICH, IN THE JUDGMENT OF THE GENERAL ASSEMBLY, HAS VIOLATED ANY BASIC PRINCIPLE OR PROVISION OF THIS CHARTER may be suspended from the exercise of the rights and privileges of membership CENSURED 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. STATES, OR NATIONS, AS REFERRED TO IN THIS CHARTER, SHALL BE THOSE POLITICAL BODIES RECOGNIZED BY THE GENERAL ASSEMBLY AS STATES. FACTORS TO BE TAKEN INTO CONSIDERATION IN DETERMINING THE EXISTENCE OR CREATION OF A STATE SHALL INCLUDE THE FOLLOWING:
STATES MUST HAVE: 1) A POPULATION OF WHICH A SOLID MAJORITY HAS CLEARLY DEMONSTRATED THE WILL TO BE REGARDED AS A STATE; 2) A LEGALLY AND LEGITIMATELY CONSTITUTED ADMINISTRATIVE GOVERNMENT OF THE PEOPLE BY THE PEOPLE RECOGNIZED AS SUCH BY THE GENERAL ASSEMBLY AND CAPABLE OF ORDERLY, PEACEFUL AND DEMOCRATIC SUCCESSION; 3) A SOUND AND CURRENT POLITICAL BASIS FOR TREATMENT AS A COHESIVE NATIONAL PEOPLE; AND 4) EITHER, A) PROPERLY ATTAINED EXCLUSIVE SOVEREIGN CONTROL OF A GEOGRAPHIC TERRITORY OR B) PROPERLY ATTAINED SHARED SOVEREIGN CONTROL OF A GEOGRAPHIC TERRITORY.
SHARED SOVEREIGN CONTROL OF A GEOGRAPHIC TERRITORY REQUIRES THAT EACH STATE SHARING THE TERRITORY SHOW: 1) A VALID HISTORICAL CLAIM THAT SUPPORTS THE EXERCISE OF CONTROL OF SUCH SHARED TERRITORY; AND 2) COMPELLING EVIDENCE THAT AT LEAST SHARED CONTROL OVER THE TERRITORY IS NECESSARY TO INSURE THE FULL RIGHTS OF ITS PEOPLE UNDER THE CHARTER OF THE UNITED NATIONS.
IN THE CASE OF SHARED SOVEREIGN CONTROL OF A TERRITORY, STATEHOOD IS DEPENDENT UPON A TREATY OR A CONSTITUTION RECOGNIZED BY THE GENERAL ASSEMBLY ENTERED INTO BY THOSE NATIONS SHARING THE TERRITORY. A STATE MAY HAVE EXCLUSIVE SOVEREIGN CONTROL OF ONE OR MORE GEOGRAPHIC TERRITORIES AND SHARED SOVEREIGN CONTROL OF OTHERS.
ALL STATES WHICH RATIFY THIS REVISED CHARTER SHALL ENJOY A PRESUMPTION THAT THEY HAVE MET ALL TESTS FOR STATEHOOD. ACTIONS BY THE GENERAL ASSEMBLY IN RECOGNIZING STATEHOOD UNDER THIS CHARTER, OR REFUSING TO RECOGNIZE STATEHOOD, MAY BE APPEALED TO THE CHIEF INTERNATIONAL COURT OF JUSTICE UPON PROPER SUIT.
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 the principal and subsidiary organs.
CHAPTER IV
The General Assembly
Composition
Article 9 - 1. The General Assembly shall consist of all the members of the United Nations.
Each member shall not have more than five representatives in the General Assembly. THE GENERAL ASSEMBLY SHALL CONSIST OF TWO CHAMBERS; THE HOUSE OF DELEGATES AND THE HALL OF AMBASSADORS. ALL ACTIONS OF THE GENERAL ASSEMBLY, EXCEPT THOSE EXPRESSLY RESERVED BY THIS CHARTER TO ONE OR THE OTHER CHAMBER, SHALL REQUIRE THE APPROVAL, IN ACCORDANCE WITH THE PROCEDURES OF EACH, OF BOTH CHAMBERS.
Functions and Powers
Article 10 - THE GENERAL ASSEMBLY SHALL BE THE LEGISLATIVE BODY OF THE UNITED NATIONS, POSSESSING GENERAL LEGISLATIVE POWERS TO ADOPT INTERNATIONAL LAWS, RULES, REGULATIONS AND PROCEDURES. 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 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 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 regulations of armaments, and may make recommendations with regard to such principles to the members or to the Security Council or to both. MAKE SUCH LAWS AS ARE NECESSARY TO UPHOLD SUCH PRINCIPLES.
2. The General Assembly may discuss AND ACT UPON 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, SECRETARIAT, or by a state which is not a Member of the United Nations in accordance with the provisions of 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 SHALL call the attention of the Security Council SECRETARIAT to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set out 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, SECRETARIAT, 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 SECRETARIAT and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately IF the Security Council SECRETARIAT ceases to deal with such matters.
Article 13 - 1. The General Assembly shall initiate studies, and make recommendations for the purpose of: WITH REGARD TO AND TAKE SUCH ACTIONS AS IT DEEMS NECESSARY FOR THE FURTHERANCE 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 basic freedoms for all without distinctions 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 THE General Assembly may recommend measures for AND ADOPT LEGISLATION IN FURTHERANCE OF 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; SECRETARIAT; these reports shall include an account of the measures that the Security Council SECRETARIAT 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 organization.
Article 16 - The General Assembly shall perform such functions with respect to the ANY international trusteeship system, as are assigned to it under Chapters XII and XIII, MAY BE ESTABLISHED IN FURTHERANCE OF THE PROVISIONS OF ARTICLES 73 & 74 OF THIS CHARTER, 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 ANY SPECIALIZED AGENCIES ESTABLISHED BY THE GENERAL ASSEMBLY OR THE SECRETARIAT and shall examine AND APPROVE the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
4. THE GENERAL ASSEMBLY SHALL POSSESS THE POWER TO IMPEACH ANY OFFICER WITHIN THE STRUCTURE OF THE UNITED NATIONS INCLUDING MEMBERS OF BOTH CHAMBERS OF THE GENERAL ASSEMBLY AND THE SECRETARIAT, BUT NOT THE JUSTICES OF THE INTERNATIONAL COURT OF JUSTICE. CAUSE FOR IMPEACHMENT SHALL BE:
1) FULLY EVIDENCED INCOMPETENCE, 2) EXTREME DISABILITY, 3) PROLONGED ABSENCE FROM DUTY, OR 4) THE CONVICTION IN A COURT OF COMPETENT JURISDICTION OF A FELONIOUS CHARGE, WHICH, IN THE OPINION OF THE GENERAL ASSEMBLY, HAS CAUSED A DILUTION OF CONFIDENCE IN THE OFFICER.
IN THE EVENT OF AN IMPEACHMENT RESOLUTION WHICH IS ADOPTED BY THE GENERAL ASSEMBLY, THE OFFICE SHALL BECOME VACANT IMMEDIATELY AND SHALL BE FILLED FOR THE DURATION OF THE THEN CURRENT TERM AS SET FORTH IN THIS CHARTER.
Voting TERM, MEMBERSHIP AND VOTING
Article 18 - 1. Each Member of the United Nations shall have one vote in the General Assembly.
2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of those 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 the members of the Trusteeship Council in accordance with paragraph 1 (c) of Article, 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 operations of the trusteeship system, and budgetary questions.
3. Decisions on other questions - including the determination of additional categories of questions to be decided by a two-thirds majority - shall be made by a majority of the members present and voting.
1. THE HOUSE OF DELEGATES SHALL BE RECONSTITUTED EVERY THREE YEARS ON THE DATE DETERMINED BY THE GENERAL ASSEMBLY. MEMBERSHIP IN THE HOUSE OF DELEGATES SHALL BE REPRESENTATIONAL. EACH DELEGATE SHALL REPRESENT THE POPULATION OF A GLOBAL REGION.
FOR THE PURPOSE OF RELEVANT PORTIONS OF THIS CHARTER, THE GLOBE SHALL BE CONSIDERED DIVIDED INTO A GRID, WITH EACH DISTINCT AREA OF THE GRID BEING A GLOBAL REGION. THE NORTH-SOUTH GRID LINES SHALL BE LONGITUDINAL LINES: 0, 15W, 15E, 30W, 30E, 45W, 45E, 60W, 60E, 75W, 75E, 90W, 90E, 105W, 105E, 120W, 120E, 135W, 135E, 150W, 150E, 165W, 165E, AND 180 (EACH OF THESE AREAS IS REFERRED TO AS A "NORTH SOUTH ZONE"). THE EAST-WEST GRID LINES SHALL BE LATITUDINAL LINES 0, 15N, 15S, 30N, 30S, 45N, 45S, 60N, 60S, 75N, 75S AND THE NORTH AND SOUTH POLES. THIS GRID RESULTS IN 288 GLOBAL REGIONS.
EACH GLOBAL REGION WITH A POPULATION OF AT LEAST 3% OF THE TOTAL WORLD POPULATION, AS ESTIMATED BY THE GENERAL ASSEMBLY, SHALL ELECT ONE DELEGATE TO THE HOUSE OF DELEGATES.
THE GENERAL ASSEMBLY SHALL ESTIMATE THE POPULATION OF THE WORLD, AND WHICH GLOBAL REGIONS HAVE AT LEAST 3% OF THE WORLD POPULATION, AS OF 6 MONTHS PRIOR TO THE DATE SET BY THE GENERAL ASSEMBLY FOR THE RECONSTITUTION OF THE HOUSE OF DELEGATES. POPULATION CHANGES OR SHIFTS AFTER THE DATE OF DETERMINATION SHALL NOT BE TAKEN INTO CONSIDERATION UNTIL THE FOLLOWING 3 YEAR TERM OF THE HOUSE OF DELEGATES.
ALL DELEGATES SHALL HAVE BEEN LEGAL RESIDENTS OF THEIR GLOBAL REGION FOR AT LEAST THE FIVE YEARS IMMEDIATELY PRECEDING ELECTION AS A DELEGATE. THE TERM OF EACH DELEGATESHIP SHALL BE THREE YEARS WITH THE POSSIBILITY OF RE-ELECTION. VACANCIES MID-TERM SHALL BE FILLED BY SPECIAL ELECTION IN THE SAME MANNER AS THAT OF THE ELECTION OF DELEGATES FOR A NEW THREE YEAR TERM.
ALL DELEGATESHIPS SHALL HAVE ONE VOTE AND ALL VOTES SHALL BE OF EQUAL VALUE. VOTES MAY BE CAST BY PROXY IN A FORM AND BY A PROCEDURE APPROVED BY THE GENERAL ASSEMBLY.
FOR RESOLUTIONS AND ACTIONS OF THE HOUSE OF DELEGATES TO BE CONSIDERED CARRIED, THE AFFIRMATIVE VOTE OF AT LEAST 62% OF THE TOTAL DELEGATESHIPS, INCLUDING THOSE NOT VOTING DUE TO VACANCY OR ANY OTHER REASON, MUST BE OBTAINED, AND SUCH AFFIRMATIVE VOTES MUST BE CAST BY A MAJORITY OF DELEGATESHIPS WITHIN EACH OF AT LEAST 62% OF THE NORTH SOUTH ZONES IN WHICH THERE IS AT LEAST ONE GLOBAL REGION WITH A POPULATION OF GREATER THAN 3% OF THE WORLD POPULATION.
EACH GLOBAL REGION THAT HAS THE REQUIRED POPULATION (AT LEAST 3% OF WORLD POPULATION) SHALL ESTABLISH AN INTERNATIONAL COLLEGE FOR THE PURPOSE OF THE ELECTION OF ITS DELEGATE TO THE HOUSE OF DELEGATES. THE INTERNATIONAL COLLEGE IN EACH SUCH GLOBAL REGION IS MADE UP OF WORLD SENATORS WHO ARE CHOSEN AS FOLLOWS:
EACH MUNICIPALITY WITHIN THE GLOBAL REGION SHALL ELECT A WORLD SENATOR TO REPRESENT THE MUNICIPALITY IN THE REGION'S INTERNATIONAL COLLEGE. THE SENATOR SHALL BE ELECTED AT THE SAME TIME, IN THE SAME MANNER AND FOR THE SAME TERM AS THE CHIEF EXECUTIVE OF THE MUNICIPALITY (MAYOR OR EQUIVALENT).
THE INTERNATIONAL COLLEGE SHALL MEET WHERE AND AS ITS MEMBERS (THE WORLD SENATORS) DETERMINE, BUT AT LEAST AS NEEDED TO ELECT THE GLOBAL REGION'S REPRESENTATIVE TO THE HOUSE OF DELEGATES. WORLD SENATORS MAY VOTE IN THE INTERNATIONAL COLLEGE BY PROXY IN A FORM AND BY A PROCEDURE APPROVED BY THE GENERAL ASSEMBLY.
FOR THE PURPOSE OF THIS CHARTER, MUNICIPALITY SHALL BE DEFINED AS THE MOST LOCAL LEVEL OF GOVERNMENT AUTHORIZED TO ACT AS AN ADMINISTRATIVE/GOVERNMENTAL BODY FOR THE CITIZENS BY STATE OR FEDERAL LEGISLATION WITHIN THE COUNTRY IN QUESTION. THE DETERMINATION OF WHICH MUNICIPALITIES ARE IN WHICH GLOBAL REGIONS IS TO BE BASED ON THE LOCATION OF THE CHIEF MUNICIPAL BUILDING (TOWN HALL OR EQUIVALENT).
MUNICIPALITIES LOCATED IN GLOBAL REGIONS WITH POPULATIONS OF LESS THAN 3% OF THE TOTAL WORLD POPULATION SHALL BE ENTITLED TO ELECT WORLD SENATORS WHO MAY FULLY PARTICIPATE IN THE INTERNATIONAL COLLEGE OF THE CLOSEST GLOBAL REGION WITH THE REQUISITE POPULATION. WHERE THERE IS DOUBT AS TO WHICH GLOBAL REGION IS CLOSEST TO A GIVEN MUNICIPALITY, SUCH DOUBT SHALL BE RESOLVED BY THE INTERNATIONAL COURT OF JUSTICE UPON THE FILING OF PROPER SUIT.
2. THE HALL OF AMBASSADORS SHALL CONSIST OF ONE APPOINTED AMBASSADOR FOR EACH MEMBER OF THE UNITED NATIONS. THE FEDERAL GOVERNMENT OF EACH MEMBER STATE, WHICH IS RECOGNIZED AS SUCH BY THE GENERAL ASSEMBLY, SHALL APPOINT SAID AMBASSADOR IN ACCORDANCE WITH ITS INTERNAL APPOINTMENT PROCEDURES. THE TERM OF EACH AMBASSADORSHIP SHALL BE FOUR YEARS WITH THE POSSIBILITY OF REAPPOINTMENT. VACANCIES MID-TERM SHALL BE FILLED BY THE MEMBER NATION ENTITLED TO APPOINT THE AMBASSADOR.
EACH AMBASSADORSHIP SHALL HAVE ONE VOTE IN THE HALL AND ALL VOTES SHALL BE OF EQUAL VALUE.
FOR RESOLUTIONS AND ACTIONS OF THE HALL TO BE CONSIDERED CARRIED THE AFFIRMATIVE VOTE OF AT LEAST 62% OF THE TOTAL NUMBER OF AMBASSADORS INCLUDING THOSE NOT VOTING DUE TO VACANCY OR ANY OTHER REASON, IS REQUIRED, VOTES MAY BE CAST BY PROXY IN A FORM AND BY A PROCEDURE APPROVED BY THE GENERAL ASSEMBLY.
3. WHEREVER IN THIS ARTICLE OR ELSEWHERE IN THE CHARTER AND ITS ANNEXES THE WORDS "AT LEAST" APPEAR BEFORE A PERCENTAGE THAT IS TO BE APPLIED TO A NUMBER, THE RESULTING FIGURE, IF CONTAINING ANY PARTIAL NUMBER, SHALL BE ROUNDED UP TO THE NEXT WHOLE NUMBER.
4. ALL QUESTIONS RELATED TO THE GLOBAL REGIONS, THE INTERNATIONAL COLLEGES, THE ELECTION OF DELEGATES, THE ELECTION OF WORLD SENATORS, VOTING PROCEDURES AND THE GENERAL ADMINISTRATION OF THE SYSTEM OF REPRESENTATION IN THE TWO CHAMBERS OF THE GENERAL ASSEMBLY SHALL BY DECIDED BY THE GENERAL ASSEMBLY. JUSTICABLE DISPUTES AS TO THE ABOVE MAY BE BROUGHT TO THE INTERNATIONAL COURT OF JUSTICE BY THE FILING OF A PROPER SUIT BY PARTIES HAVING STANDING.
Article 19 - A Member of the United Nations which is in arrears in the payments 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 condition beyond the control of the Member.
Procedure
Article 20 - The BOTH CHAMBERS OF 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 EACH CHAMBER OF THE General Assembly shall adopt its own rules of procedure. It EACH CHAMBER shall ALSO elect its president, VICE PRESIDENT, AND OTHER OFFICERS AS IT DEEMS NECESSARY for each session. TERM. BOTH CHAMBERS SHALL KEEP A RECORD OF THEIR PROCEEDINGS.
Article 22 - EACH CHAMBER AND The General Assembly AS A WHOLE may establish such subsidiary organs as it deems necessary for the performance of its functions.
CHAPTER V
The Security Council
Composition
Article 23 - 1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.
3. Each member of the Security Council shall have one representative.
Functions and Powers
Article 24 - 1. In order to insure 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 provisions of 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 may 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 a 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 may deem 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, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council SECRETARIAT shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 34 - The Security Council SECRETARIAT 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 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, SECRETARIAT, 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 SECRETARIAT 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 SECRETARIAT 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 SECRETARIAT 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 SECRETARIAT should take into consideration that legal disputes should as a general rule be referred by the parties BROUGHT 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 OR SHOULD ANY PARTY TO SUCH DISPUTE SO CHOOSE AT ANY TIME, they shall MAY refer it to the Security Council. SEEK JUDICIAL RESOLUTION THROUGH THE INTERNATIONAL COURT OF JUSTICE.
2. If the Security Council SECRETARIAT 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. TAKE SUCH ACTIONS AS ARE NECESSARY FOR THE ENFORCEMENT OF LAWS APPLICABLE TO AND JUDICIAL ORDERS REGARDING SUCH DISPUTE, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER VII OF THIS CHARTER. SHOULD THE SECRETARIAT DETERMINE THAT PRESENT LEGISLATION ADOPTED BY THE GENERAL ASSEMBLY AND JUDGMENTS OF THE INTERNATIONAL COURT OF JUSTICE DO NOT CONTROL OR PRESCRIBE HOW A PARTICULAR DISPUTE SHOULD BE RESOLVED, IT SHALL HAVE STANDING TO BRING SUIT IN THE INTERNATIONAL COURT OF JUSTICE TO OBTAIN A JUDICIAL RULING ON THE MATTER.
Article 38 - Without prejudice to the provisions of Articles 33 - 37, the Security Council SECRETARIAT 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 ENFORCEMENT BY THE SECRETARIAT
OF JUDICIAL ORDERS OF THE INTERNATIONAL COURT OF JUSTICE
AND LEGISLATIVE ACTIONS OF THE GENERAL ASSEMBLY
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 the provisions of Articles 41 and 42, to maintain or restore international peace and security. THE SECRETARIAT, UNDER THE DIRECTION OF THE SECRETARY-GENERAL, SHALL BE RESPONSIBLE FOR THE ENFORCEMENT OF JUDGMENTS, DECREES, AND ORDERS OF THE INTERNATIONAL COURT OF JUSTICE AND THE LEGISLATION ADOPTED BY THE GENERAL ASSEMBLY. IT SHALL IN THE UTMOST GOOD FAITH AND FAIR DEALING CARRY OUT SUCH ENFORCEMENT PROCEDURES UNDER ANY GUIDELINES THAT MAY HAVE BEEN ADOPTED BY THE GENERAL ASSEMBLY AND IN ACCORD WITH ANY APPLICABLE RULINGS OF THE INTERNATIONAL COURT OF JUSTICE. THE ENFORCEMENT OF SUCH JUDICIAL FINDINGS AND LEGISLATION SHALL BE GUIDED BY THE FOLLOWING ARTICLES.
Article 40 - In order to prevent an aggravation of the situation, the Security Council SECRETARIAT may, before making the recommendations or deciding upon the measures provided for in Article 39, TAKING FINAL ACTION 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 SECRETARIAT shall duly take account of failure to comply with such provisional measures.
Article 41 - The Security Council SECRETARIAT may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, THE JUDGMENTS, DECREES AND ORDERS OF THE INTERNATIONAL COURT OF JUSTICE AND THE LAWS PROMULGATED BY THE GENERAL ASSEMBLY, and it may call upon members of the United Nations to apply such measures. These may include complete or partial interruptions 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 SECRETARIAT consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may AFTER OBTAINING FROM THE CHIEF INTERNATIONAL COURT OF JUSTICE A WRIT OF ENFORCEMENT take such action by air, sea or land forces as may be necessary to ENFORCE APPLICABLE ORDERS OF THE INTERNATIONAL COURT OF JUSTICE AND THE LAWS OF THE GENERAL ASSEMBLY, maintain or restore WITH RESPECT TO THE MAINTENANCE OR RESTORATION OF international peace and security. Such actions may include demonstrations, blockade, and other operations by air, sea or land forces of Members of the United Nations. SAID FORCES MAY BE UNITED NATIONS FORCES, AS SHALL EXIST PURSUANT TO ACTIONS OF THE GENERAL ASSEMBLY, OR COMMISSIONED FORCES OF MEMBER 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, SECRETARIAT, on its call and in accordance with a ANY APPLICABLE special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security. ENFORCEMENT OF INTERNATIONAL COURT OF JUSTICE JUDGMENTS AND ACTS OF THE GENERAL ASSEMBLY.
2. ANY 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. SECRETARIAT. They shall be concluded between the Security Council SECRETARIAT and Members or between the Security Council SECRETARIAT and groups of Members and shall be subject to ratification APPROVAL by the signatory states in accordance with their constitutional processes. GENERAL ASSEMBLY.
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. IN THE ABSENCE OF SUFFICIENT PRIOR AGREEMENTS, AS DESCRIBED ABOVE, THE SECRETARIAT SHALL BE EMPOWERED TO SUMMON THE SERVICES OF THE ARMED FORCES OF ANY MEMBER NATION, UPON THE ISSUANCE OF AN ORDER TO THAT EFFECT OF THE CHIEF INTERNATIONAL COURT OF JUSTICE.
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 SECRETARIAT with the assistance of the Military Staff Committee. INTERNATIONAL SECURITY COMMITTEE.
Article 46 - Plans for the application of armed force shall be made by the Security Council SECRETARIAT with the assistance of the Military Staff Committee. INTERNATIONAL SECURITY COMMITTEE.
Article 47 - 1. There shall be established a Military Staff Committee AN INTERNATIONAL SECURITY COMMITTEE to advise and assist the Security Council SECRETARIAT on all questions relating to the Security Council's SECRETARIAT'S military requirements for ENFORCEMENT MEASURES NECESSARY 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 INTERNATIONAL SECURITY 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. THE SECRETARY-GENERAL OF THE UNITED NATIONS, WHO SHALL SERVE AS COMMANDER IN CHIEF, THREE UNDER SECRETARIES GENERAL WHO SHALL NOT BE MEMBERS OF THE GENERAL ASSEMBLY BUT WHO SHALL BE APPOINTED BY THE HOUSE OF DELEGATES AND NINE MEMBERS OF THE GENERAL ASSEMBLY, FIVE SELECTED FROM AMONG AND BY THE HOUSE OF DELEGATES AND FOUR SELECTED FROM AMONG AND BY THE HALL OF AMBASSADORS.
3. The Military Staff Committee INTERNATIONAL SECURITY COMMITTEE shall be responsible, under the Security Council, ADVISORY TO THE SECRETARY-GENERAL, for ON the strategic direction of any UNITED NATIONS armed forces OR ARMED FORCES OF MEMBER NATIONS placed at the disposal of the Security Council. SECRETARIAT. Questions relating to the command of such forces shall be worked out subsequently. THE SECRETARY-GENERAL SHALL REPORT ALL MILITARY ENFORCEMENT ACTIVITIES TO THE GENERAL ASSEMBLY WITHIN THE SHORTEST POSSIBLE TIME AFTER ANY SUCH MILITARY ACTION IS TAKEN BUT IN NO EVENT MORE THAN 72 HOURS AFTER SUCH ACTION IS TAKEN. ON ALL OCCASIONS WHEREIN IT IS POSSIBLE, WITHOUT JEOPARDIZING THE EFFECTIVENESS OF MILITARY ENFORCEMENT ACTIONS, THE SECRETARY-GENERAL SHALL GIVE NOTICE OF ITS INTENDED MILITARY ENFORCEMENT ACTIONS PRIOR TO THE ACTION.
4. The Military Staff Committee, INTERNATIONAL SECURITY COMMITTEE with the authorization of the Security Council GENERAL ASSEMBLY 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 INTERNATIONAL COURT OF JUSTICE AND THE LEGISLATIVE ACTS OF THE GENERAL ASSEMBLY for the maintenance of international peace and security shall be taken AT THE DIRECTION OF THE SECRETARIAT by all the Members of the United Nations, or by some of them, as the Security Council SECRETARIAT 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 ENFORCEMENT measures decided upon by the Security Council. SECRETARIAT.
Article 50 - If preventive or enforcement measures against any state are taken by the Security Council, SECRETARIAT, 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 SECRETARIAT AND THE GENERAL ASSEMBLY 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 SECRETARIAT has taken the measures necessary to maintain ENFORCE APPLICABLE ORDERS OF THE INTERNATIONAL COURT OF JUSTICE AND/OR ACTS BY THE GENERAL ASSEMBLY PERTAINING TO THREATS TO 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 SECRETARIAT and shall not in any way affect the authority and responsibility of the Security Council SECRETARIAT under the present Charter to take at any time such action as it deems necessary in order to maintain or restore ENFORCE THE JUDGMENTS, ORDERS AND DECREES OF THE INTERNATIONAL COURT OF JUSTICE AND THE LEGISLATIVE ACTIONS OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF THE MAINTENANCE OR RESTORATION OF 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 NOT DISAPPROVED BY THE SECRETARIAT AND 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 peaceful settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council. SECRETARIAT.
3. The Security Council SECRETARIAT should encourage the development of peaceful 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. SECRETARIAT.
4. This article in no way impairs the application of Articles 34 and 35.
Article 53 - 1. The Security Council SECRETARIAT 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, SECRETARIAT. 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 SECRETARIAT AND THE GENERAL ASSEMBLY 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 Cooperation
Article 55 - With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
(a) higher standards of living, full employment, and conditions of economic and social progress and development;
(b) solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
(c) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
APPENDED TO THIS CHARTER AS ANNEX II AND INCORPORATED HEREIN BY THIS REFERENCE IS THE UNIVERSAL DECLARATION OF HUMAN RIGHTS. THE RIGHTS AND PRIVILEGES ARTICULATED THEREIN ARE HEREBY ELEVATED TO THE STATUS OF GUARANTEED INTERNATIONAL LEGAL RIGHTS, FORMING AN ESSENTIAL PART OF INTERNATIONAL LAW. NO GOVERNMENTAL BODY SHALL ADOPT ANY LAW, EMPLOY ANY LEGAL PROCEDURES, OR TAKE ANY ACTION WHICH DENIES OR ABRIDGES THE RIGHTS AND PRIVILEGES SET FORTH IN THE APPENDED DECLARATION. IN ADDITION TO SUITS THAT MAY BE BROUGHT IN NATIONAL LEGAL SYSTEMS TO ENFORCE THESE RIGHTS, WITH THE QUALIFICATIONS SET FORTH IN ARTICLES 34 AND 36 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, THE SECRETARIAT, STATES AND NON-GOVERNMENTAL PARTIES THAT HAVE STANDING, MAY BRING SUIT IN THE INTERNATIONAL COURT OF JUSTICE TO ENFORCE THE RIGHTS AND PRIVILEGES PROTECTED BY THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.
FURTHER, WHEN PUT ON NOTICE BY SPECIAL WRIT OF THE CHIEF INTERNATIONAL COURT OF JUSTICE, PURSUANT TO PROPER SUIT, THAT PRESENT OR PLANNED ACTIONS CONSTITUTE OR WILL CONSTITUTE A GRIEVOUS VIOLATION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, THIS CHARTER, LAWS ADOPTED BY THE GENERAL ASSEMBLY OR A JUDGEMENT OF THE COURT, THE INDIVIDUALS SPECIFICALLY NAMED IN SUCH SPECIAL WRIT SHALL, FROM THE DATE AND TIME OF THE WRIT, OPERATE WITHOUT THE PROTECTION OF ANY IMMUNITY FROM PERSONAL LIABILITY OR RESPONSIBILITY THAT MIGHT OTHERWISE APPLY, AND IF SUCH INDIVIDUALS CONTINUE OR IMPLEMENT SUCH ACTIONS OR ACTIVITIES OR REFUSE TO TAKE THE ACTIONS SPELLED OUT IN SUCH SPECIAL WRIT, THE INDIVIDUALS DO SO AT THE RISK OF PERSONAL CRIMINAL AND CIVIL LIABILITY FOR DAMAGES, LOSS OF LIFE OR INJURY CAUSED BY THEIR ACTIONS OR REFUSALS TO ACT IN ACCORDANCE WITH THE WRIT. THIS PROVISION, WHILE INTENDED TO COVER ACTS AND ACTIONS OF NATIONAL AND INTERNATIONAL GOVERNMENTAL OFFICIALS, WHO POSSESS BY VIRTUE OF THEIR OFFICES THE POWER TO TAKE ACTIONS WHICH CAN AFFECT GREAT NUMBERS OF INDIVIDUALS, SHALL APPLY TO NON-GOVERNMENTAL PERSONS AS WELL.
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
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 the Members of the United Nations and at the request of specialized agencies.
3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.
Voting
Article 67 - 1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be taken 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 insure, 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 SECRETARIAT for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.
Article 74 - Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighborliness, due account being taken of the interests of 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 hereafter 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 toward 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 insure 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 shall exercise the administration of the trust territory. Such authority, hereafter 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 insure 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 toward 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 insure 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 within 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 taken 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 provisions 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 TERM International Court of Justice, SHALL, UNLESS SPECIFIED OTHERWISE, REFER TO THE CHIEF COURT AND ALL BRANCH COURTS. THE TERM BRANCH COURTS SHALL INCLUDE BOTH TRIAL COURTS AND APPELLATE COURTS, AS MAY BE CREATED BY THE GENERAL ASSEMBLY IN ACCORDANCE WITH THIS CHARTER AND ITS ANNEXES. THE INTERNATIONAL COURT OF JUSTICE shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed statute, STATUTE APPENDED TO THIS CHARTER AS ANNEX I AND INCORPORATED HEREIN BY THIS REFERENCE which is based upon the statute of the Permanent Court of International Justice and forms an integral part of the present Chapter.
Article 93 - 1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice, AND ALL NATIONS, WHETHER MEMBERS OF THE UNITED NATIONS OR NOT, AND ALL NATURAL AND LEGAL PERSONS SHALL BE SUBJECT TO THE JURISDICTION OF THE COURT.
2. A state which is not a Member of the United Nations may become party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon 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, WHETHER OR NOT A MEMBER NATION, fails to perform the obligations incumbent upon it under a judgment rendered by the court, the other party OR PARTIES may have recourse to the Security Council, SECRETARIAT, which may, if it deems necessary, make recommendations or SHALL 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. THERE SHALL BE, IN ADDITION TO THE CHIEF INTERNATIONAL COURT OF JUSTICE, WHICH SHALL BE AN APPEALS COURT EXCEPT FOR THOSE TYPES OF CASES THAT ARE BY THIS CHARTER AND ITS ANNEXES OR LEGISLATION ADOPTED BY THE GENERAL ASSEMBLY RESERVED TO THE CHIEF COURT AS THE COURT OF FIRST INSTANCE, AT LEAST ONE BRANCH COURT LOCATED IN EACH GLOBAL REGION THAT HAS A POPULATION OF AT LEAST 3% OF TOTAL WORLD POPULATION. PARTIES SHALL HAVE THE RIGHT OF ONE APPEAL FROM JUDGMENTS OF BRANCH COURTS TO THE CHIEF COURT OR SUCH OTHER APPELLATE COURTS AS THE GENERAL ASSEMBLY SHALL CREATE AND PRESCRIBE. THE HALL OF AMBASSADORS SHALL ELECT THE MEMBERS OF THE CHIEF COURT AND ALL BRANCH COURTS IN THE MANNER PRESCRIBED IN THE APPENDED ANNEX I.
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 INTERNATIONAL COURT OF JUSTICE, INCLUDING ALL BRANCH COURTS, SHALL HAVE THE POWER TO REVIEW ACTS BY AND ACTIONS OF THE GENERAL ASSEMBLY AND THE SECRETARIAT UPON THE FILING OF JUSTICABLE SUIT BY A PROPER PARTY, AND MAY MAKE A DETERMINATION AS TO THE LAWFULNESS OF SAID ACTS AND ACTIONS UNDER THIS CHARTER AND ITS ANNEXES. WHEN DETERMINED BY THE COURT TO BE UNLAWFUL, SUCH ACTS AND ACTIONS SHALL BE, TO THE EXTENT DETERMINED BY THE COURT, NULL AND VOID.
LAWS AND ACTIONS OF STATES WHICH CONFLICT WITH THIS CHARTER AND ITS ANNEXES, JUDGMENTS OF THE COURT OR ACTS OF LEGISLATION PASSED BY THE GENERAL ASSEMBLY, WHEN DETERMINED BY THE COURT TO BE IN SUCH CONFLICT, SHALL BE, TO THE EXTENT OF THE CONFLICT, NULL AND VOID.
CHAPTER XV
The Secretariat
Article 97 - The Secretariat shall comprise a Secretary-General, FIRST UNDER SECRETARY-GENERAL, and such OTHER UNDER SECRETARIES, EXECUTIVE OFFICERS AND staff AS PRESCRIBED BY THIS CHARTER AND as the Organization may require. The Secretary-General, shall be appointed by the General Assembly on the recommendation of the Security Council. He shall be the chief administrative officer of the Organization. SECRETARIAT AND OF THE UNITED NATIONS AS A WHOLE. HE SHALL BE CHARGED WITH THE DUTY AND RESPONSIBILITY OF THE ENFORCEMENT OF THE JUDGMENTS, ORDERS AND DECREES OF THE INTERNATIONAL COURT OF JUSTICE AND THE LEGISLATIVE ACTIONS OF THE GENERAL ASSEMBLY. HE SHALL DISCHARGE SUCH ENFORCEMENT, WHEN APPROPRIATE WITH THE ADVICE OF THE INTERNATIONAL SECURITY COMMITTEE, WITH DILIGENCE, CARE, AND FAIRNESS.
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 AND CURRENT STATUS of the Organization.
Article 99 - The Secretary-General may bring to the attention of the Security Council GENERAL ASSEMBLY any matter which in his opinion may threaten the maintenance of international peace and security. THE SECRETARIAT MAY BE A PARTY IN JUDICIAL PROCEEDINGS BEFORE THE INTERNATIONAL COURT OF JUSTICE.
Article 100 - 1. In the performance of their duties the Secretary-General, UNDER SECRETARIES GENERAL, EXECUTIVE OFFICERS and the staff OF THE SECRETARIAT 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, UNDER SECRETARIES GENERAL, and the EXECUTIVE OFFICERS AND THE staff OF THE SECRETARIAT, and not to seek to influence them in the discharge of their responsibilities.
Article 101 - 1. THE SECRETARY-GENERAL, ALL UNDER SECRETARIES GENERAL AND THE EXECUTIVE OFFICERS SHALL BE ELECTED BY THE HOUSE OF DELEGATES SHORTLY AFTER THE START OF EACH NEW THREE YEAR TERM OF THE HOUSE IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE GENERAL ASSEMBLY. 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. 2. 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.
3. THE FIRST UNDER SECRETARY-GENERAL SHALL PERFORM THE FUNCTIONS AND DUTIES AND HAVE THE AUTHORITY OF THE SECRETARY-GENERAL IN THE ABSENCE OF THE SECRETARY-GENERAL BY REASON OF DEATH, IMPEACHMENT, OR INABILITY TO PERFORM THE DUTIES OF HIS OFFICE, WHETHER TEMPORARILY OR FOR THE DURATION OF THE TERM OF OFFICE. SUCH ASSUMPTION OF SAID OFFICE, AUTHORITY AND DUTY SHALL BE COMMENCED WHEN WRITTEN DECLARATION OF SAID DEATH, ABSENCE OR INABILITY IS DELIVERED TO THE PRESIDENT OF THE CHIEF INTERNATIONAL COURT OF JUSTICE BY ANY TWO OF THE FOLLOWING THREE OFFICERS OF THE ORGANIZATION: THE PRESIDENT OF THE HALL OF AMBASSADORS, THE PRESIDENT OF THE HOUSE OF DELEGATES AND THE FIRST UNDER SECRETARY-GENERAL. THE ASSUMPTION OF THE FUNCTIONS, DUTIES AND AUTHORITY OF THE OFFICE OF THE SECRETARY-GENERAL BY THE FIRST UNDER SECRETARY-GENERAL UNDER THE ABOVE ESTABLISHED PROCEDURE SHALL CEASE 72 HOURS AFTER THE DELIVERY TO THE PRESIDENT OF THE CHIEF INTERNATIONAL COURT OF JUSTICE OF A WRITTEN DECLARATION SIGNED BY THE SECRETARY-GENERAL WHICH STATES THAT HE IS AVAILABLE AND ABLE TO REASSUME THE FUNCTIONS, DUTIES AND RESPONSIBILITIES OF HIS OFFICE, UNLESS WITHIN SUCH 72 HOUR PERIOD THE PRESIDENT OR ACTING PRESIDENT OF THE COURT FILES A MOTION TO PLACE THE QUESTION OF THE SECRETARY-GENERAL'S COMPETENCE, AVAILABILITY OR ABILITY TO PERFORM THE FUNCTIONS, DUTIES AND RESPONSIBILITIES OF HIS OFFICE ON THE COURT'S DOCKET FOR A HEARING, TO BE COMMENCED WITHIN THIRTY DAYS AND CONCLUDED WITHIN SIXTY DAYS OF THE FILING OF THE MOTION, WITH DECISION RENDERED WITHIN 15 DAYS OF THE END OF THE HEARING. DURING THIS HEARING PERIOD, THE SECRETARY-GENERAL SHALL NOT REASSUME HIS OFFICE. IN THE EVENT THAT THE FIRST UNDER SECRETARY-GENERAL ASSUMES THE DUTIES AND FUNCTIONS OF THE OFFICE OF SECRETARY-GENERAL, THE PRESIDENT OF THE HALL OF AMBASSADORS SHALL AUTOMATICALLY ASSUME THE FUNCTIONS AND DUTIES OF THE OFFICE OF FIRST UNDER SECRETARY-GENERAL AND IN THAT CASE, THE HALL OF AMBASSADORS SHALL OPERATE UNDER THE DIRECTION OF THE VICE PRESIDENT OF THE HALL WHO SHALL SERVE AS ITS ACTING PRESIDENT. IN SUCH A CASE, THE HALL SHALL THEN ELECT AN ACTING VICE PRESIDENT FROM AMONG ITS MEMBERS.
4. AS TO THE OFFICE OF SECRETARY-GENERAL, ONE PERSON MAY HOLD THE OFFICE FOR A MAXIMUM OF TWO THREE YEAR TERMS PLUS THE SERVICE OF THE OFFICE WHICH IS HELD DURING THE ASSUMPTION OF THE OFFICE CAUSED BY VACANCY OR INABILITY OF ANOTHER TO SERVE. THE SECRETARY-GENERAL CAN HOLD NO OTHER OFFICE WITHIN THE ORGANIZATION WHILE SERVING IN THIS CAPACITY.
CHAPTER XVI
Miscellaneous Provisions
Article 102 - 1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of Paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.
Article 103 - In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Article 104 - The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
Article 105 - 1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
3. The General Assembly may make recommendations with a view to determining the details of the application of Paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.
4. EVERY OFFICER OF THE UNITED NATIONS SHALL REMAIN IN OFFICE UNTIL A DULY ELECTED OR APPOINTED REPLACEMENT HAS BEEN SELECTED AND WHOSE TERM OF OFFICE SHALL HAVE COMMENCED.
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 (A) adopted by a vote of two-thirds of the members of the General Assembly BOTH CHAMBERS OF THE GENERAL ASSEMBLY IN ACCORDANCE WITH THEIR RESPECTIVE VOTING PROCEDURES, EXCEPT THAT ALL REFERENCED PERCENTAGE REQUIREMENTS FOR ADOPTION OF ACTIONS IN BOTH HOUSES SHALL INCREASE, FOR THE PURPOSE OF CHARTER AMENDMENTS, FROM AT LEAST 62% TO AT LEAST 72%; and (B) ratified in accordance with their respective constitutional processes by two-thirds AT LEAST 62% of the Members of the United Nations, including all the permanent members of the Security Council.
Article 109 - 1. A general conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two-thirds of the Members of the United Nations including all the permanent members of the Security Council.
3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.
CHAPTER XIX
Ratification and Signature
Article 110 - 1. The present Charter AND ANY AMENDMENTS HERETO 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, SECRETARIAT, which shall notify THE GENERAL ASSEMBLY AND all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
3. The present THIS REVISED Charter shall come into force (AFTER HAVING BEEN ADOPTED BY A VOTE OF TWO THIRDS OF THE MEMBERS OF THE GENERAL ASSEMBLY) upon the deposit of ratifications by the Republic of China, France, RUSSIA 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.
ONCE THIS REVISED CHARTER IS RATIFIED, FUTURE AMENDMENTS HERETO SHALL COME INTO FORCE UPON THE DEPOSIT OF RATIFICATIONS BY AT LEAST 62% OF THE MEMBERS OF THE UNITED NATIONS. 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. UNITED NATIONS. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states. BY THE SECRETARIAT TO ALL MEMBERS OF THE UNITED NATIONS WHICH RATIFY THIS CHARTER.
In faith whereof the representatives of the Governments of the United Nations have signed the present Charter.
Done in the city of San Francisco, the twenty-sixth day of June, one thousand and nine hundred and forty-five.
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ON THE______________ DAY OF ___________,_____.
SCHEDULE OF ANNEXES
I. STATUTE OF THE INTERNATIONAL COURT OF JUSTICE (INCLUDING PROPOSED REVISIONS).