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
neighbours, 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.
INTRODUCTORY NOTE
The Charter of the United Nations was signed on 26 June 1945, in San
Francisco, at the conclusion of the United Nations Conference on
International Organization, and came into force on 24 October 1945. The
Statute of the International Court of Justice is an integral part of
the Charter.
Amendments to
Articles 23, 27 and 61 of the Charter were adopted by the General
Assembly on 17 December 1963 and came into force on 31 August 1965. A
further amendment to Article 61 was adopted by the General Assembly on
20 December 1971, and came into force on 24 September 1973. An
amendment to Article 109, adopted by the General Assembly on 20
December 1965, came into force on 12 June 1968.
The amendment to
Article 23 enlarges the membership of the Security Council from eleven
to fifteen. The amended Article 27 provides that decisions of the
Security Council on procedural matters shall be made by an affirmative
vote of nine members (formerly seven) and on all other matters by an
affirmative vote of nine members (formerly seven), including the
concurring votes of the five permanent members of the Security Council.
The amendment to
Article 61, which entered into force on 31 August 1965, enlarged the
membership of the Economic and Social Council from eighteen to
twenty-seven. The subsequent amendment to that Article, which entered
into force on 24 September 1973, further increased the membership of
the Council from twenty-seven to fifty-four.
The amendment
to
Article 109, which relates to the first paragraph of that Article,
provides that a General Conference of Member States for the purpose of
reviewing the 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 (formerly seven) of the Security Council. Paragraph 3
of Article 109, which deals with the consideration of a possible review
conference during the tenth regular session of the General Assembly,
has been retained in its original form in its reference to a "vote, of
any seven members of the Security Council", the paragraph having been
acted upon in 1955 by the General Assembly, at its tenth regular
session, and by the Security Council.
CHAPTER I
PURPOSES AND PRINCIPLES
Article 1
The Purposes of the
United Nations are:
- 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;
- 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;
- To achieve
international co-operation in solving international problems
of an economic, social, cultural, or humanitarian character, and in
promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or
religion; and
- To be a
centre for harmonizing the actions of nations in the attainment
of these common ends.
Article 2
The Organization
and its Members, in pursuit of the Purposes stated in
Article 1, shall act in accordance with the following Principles.
- The
Organization is based on the principle of the sovereign equality of
all its Members.
- All Members,
in order to ensure to all of them the rights and benefits
resulting from membership, shall fulfill in good faith the obligations
assumed by them in accordance with the present Charter.
- All Members
shall settle their international disputes by peaceful means
in such a manner that international peace and security, and justice,
are
not endangered.
- All Members
shall refrain in their international relations from the
threat or use of force against the territorial integrity or political
independence of any state, or in any other manner inconsistent with the
Purposes of the United Nations.
- All Members
shall give the United Nations every assistance in any
action it takes in accordance with the present Charter, and shall
refrain
from giving assistance to any state against which the United Nations is
taking preventive or enforcement action.
- The
Organization shall ensure that states which are not Members of the
United Nations act in accordance with these Principles so far as may be
necessary for the maintenance of international peace and security.
- 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
Vll.
CHAPTER II
MEMBERSHIP
Article 3
The original Members of the United Nations shall be the states which,
having participated in the United Nations Conference on International
Organization at San Francisco, or having previously signed the
Declaration by United Nations of 1 January 1942, sign the present
Charter and ratify it in accordance with Article 110.
Article 4
1. Membership in
the United Nations is open to all other peace-loving states which
accept the obligations contained in the present Charter and, in the
judgment of the Organization, are able and willing to carry out these
obligations.
2. The admission
of any such state to membership in the United Nations will be effected
by a decision of the General Assembly upon the
recommendation of the Security Council.
Article 5
A Member of the
United Nations against which preventive or enforcement action has been
taken by the Security Council may be suspended from the exercise of the
rights and privileges of membership by the General Assembly upon the
recommendation of the Security Council. The exercise of these rights
and privileges may be restored by the Security Council.
Article 6
A Member of the
United Nations which has persistently violated the Principles contained
in the present Charter may be expelled from the Organization by the
General Assembly upon the recommendation of the Security Council.
CHAPTER III
ORGANS
Article 7
- 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.
- Such
subsidiary organs as may be found necessary may be established in
accordance with the present Charter.
Article 8
The United Nations
shall place no restrictions on the eligibility of men and women to
participate in any capacity and under conditions of equality in its
principal and subsidiary organs.
CHAPTER IV
THE GENERAL ASSEMBLY
COMPOSITION
Article 9
- The General
Assembly shall consist of all the Members of the United Nations.
- Each Member
shall have not more than five representatives in the General Assembly.
FUNCTIONS and POWERS
Article 10
The General
Assembly may discuss any questions or any matters within the scope of
the present Charter or relating to the powers and functions of any
organs provided for in the present Charter, and, except as provided in
Article 12, may make recommendations to the Members of the United
Nations or to the Security Council or to both on any such questions or
matters.
Article 11
- The General
Assembly may consider the general principles of co-operation in the
maintenance of international peace and security, including the
principles governing disarmament and the regulation of armaments, and
may make recommendations with regard to such principles to the Members
or to the Security Council or to both.
- The
General Assembly may discuss any questions relating to the maintenance
of international peace and security brought before it by any Member of
the United Nations, or by the Security Council, or by a state which is
not a Member of the United Nations in accordance with Article 35,
paragraph 2, and, except as provided in Article 12, may make
recommendations with regard to any such questions to the state or
states concerned or to the Security Council or to both. Any such
question on which action is necessary shall be referred to the Security
Council by the General Assembly either before or after discussion.
- The
General Assembly may call the attention of the Security Council to
situations which are likely to endanger international peace and
security.
- The powers of
the General Assembly set forth in this Article shall not limit the
general scope of Article 10.
Article 12
- 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.
- The
Secretary-General, with the consent of the Security Council, shall
notify the General Assembly at each session of any matters relative to
the maintenance of international peace and security which are being
dealt with by the Security Council and shall similarly notify the
General Assembly, or the Members of the United Nations if the General
Assembly is not in session, immediately the Security Council ceases to
deal with suchmatters.
Article 13
- The General
Assembly shall initiate studies and make recommendations for the
purpose of:
a. promoting
international co-operation in the political field and encouraging the
progressive development of international law and its codification;
b. promoting
international co-operation in the economic, social, cultural,
educational, and health fields, and assisting in the realization of
human rights and fundamental freedoms for all without distinction as to
race, sex, language, or religion.
- The
further responsibilities, functions and powers of the General Assembly
with respect to matters mentioned in paragraph 1 (b) above are set
forth in Chapters IX and X.
Article 14
Subject to the
provisions of Article 12, the General Assembly may recommend measures
for the peaceful adjustment of any situation, regardless of origin,
which it deems likely to impair the general welfare or friendly
relations among nations, including situations resulting from a
violation of the provisions of the present Charter setting forth the
Purposes and Principles of the United Nations.
Article 15
- The General
Assembly shall receive and consider annual and special reports from the
Security Council; these reports shall include an account of the
measures that the Security Council has decided upon or taken to
maintain international peace and security.
- The General
Assembly shall receive and consider reports from the other organs of
the United Nations.
Article 16
The General
Assembly shall perform such functions with respect to the international
trusteeship system as are assigned to it under Chapters XII and XIII,
including the approval of the trusteeship agreements for areas not
designated as strategic.
Article 17
- The General
Assembly shall consider and approve the budget of the Organization.
- The expenses
of the Organization shall be borne by the Members as apportioned by the
General Assembly.
- The
General Assembly shall consider and approve any financial and budgetary
arrangements with specialized agencies referred to in Article 57 and
shall examine the administrative budgets of such specialized agencies
with a view to making recommendations to the agencies concerned.
VOTING
Article 18
- Each member
of the General Assembly shall have one vote.
- Decisions
of the General Assembly on important questions shall be made by a
two-thirds majority of the members present and voting. These questions
shall include: recommendations with respect to the maintenance of
international peace and security, the election of the non-permanent
members of the Security Council, the election of the members of the
Economic and Social Council, the election of members of the Trusteeship
Council in accordance with paragraph 1 (c) of Article 86, the admission
of new Members to the United Nations, the suspension of the rights and
privileges of membership, the expulsion of Members, questions relating
to the operation of the trusteeship system, and budgetary questions.
- 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.
Article 19
A Member of the
United Nations which is in arrears in the payment of its financial
contributions to the Organization shall have no vote in the General
Assembly if the amount of its arrears equals or exceeds the amount of
the contributions due from it for the preceding two full years. The
General Assembly may, nevertheless, permit such a Member to vote if it
is satisfied that the failure to pay is due to conditions beyond the
control of the Member.
PROCEDURE
Article 20
The General
Assembly shall meet in regular annual sessions and in such special
sessions as occasion may require. Special sessions shall be convoked by
the Secretary-General at the request of the Security Council or of a
majority of the Members of the United Nations.
Article 21
The General
Assembly shall adopt its own rules of procedure. It shall elect its
President for each session.
Article 22
The General
Assembly may establish such subsidiary organs as it deems necessary for
the performance of its functions.
CHAPTER V
THE SECURITY COUNCIL
COMPOSITION
Article 23
- The Security
Council shall consist of fifteen Members of the United Nations. The
Republic of China, France, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland, and the United
States of America shall be permanent members of the Security Council.
The General Assembly shall elect ten other Members of the United
Nations to be non-permanent members of the Security Council, due regard
being specially paid, in the first instance to the contribution of
Members of the United Nations to the maintenance of international peace
and security and to the other purposes of the Organization, and also to
equitable geographical distribution.
- The
non-permanent members of the Security Council shall be elected for a
term of two years. In the first election of the non-permanent members
after the increase of the membership of the Security Council from
eleven to fifteen, two of the four additional members shall be chosen
for a term of one year. A retiring member shall not be eligible for
immediate re-election.
- Each member
of the Security Council shall have one representative.
FUNCTIONS and POWERS
Article 24
- In order to
ensure prompt and effective action by the United Nations,its Members
confer on the Security Council primary responsibility for the
maintenance of international peace and security, and agree that in
carrying out its duties under this responsibility the Security Council
acts on their behalf.
- 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.
- The Security Council shall submit annual and, when necessary,
special reports to the General Assembly for its consideration.
Article 25
The Members of the
United Nations agree to accept and carry out the decisions of the
Security Council in accordance with the present Charter.
Article 26
In order to promote
the establishment and maintenance of international peace and security
with the least diversion for armaments of the world's human and
economic resources, the Security Council shall be responsible for
formulating, with the assistance of the Military Staff Committee
referred to in Article 47, plans to be submitted to the Members of the
United Nations for the establishment of a system for the regulation of
armaments.
VOTING
Article 27
- Each member
of the Security Council shall have one vote.
- Decisions of the Security Council on procedural matters shall be
made by an affirmative vote of nine members.
- 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
- 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.
- 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.
- The
Security Council may hold meetings at such places other than the seat
of the Organization as in its judgment will best facilitate its work.
Article 29
The Security
Council may establish such subsidiary organs as it deems necessary for
the performance of its functions.
Article 30
The Security
Council shall adopt its own rules of procedure, including the method of
selecting its President.
Article 31
Any Member of the
United Nations which is not a member of the Security Council may
participate, without vote, in the discussion of any question brought
before the Security Council whenever the latter considers that the
interests of that Member are specially affected.
Article 32
Any Member of the
United Nations which is not a member of the Security Council or any
state which is not a Member of the United Nations, if it is a party to
a dispute under consideration by the Security Council, shall be invited
to participate, without vote, in the discussion relating to the
dispute. The Security Council shall lay down such conditions as it
deems just for the participation of a state which is not a Member of
the United Nations.
CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
Article 33
- The parties
to
any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, shall, first of all,
seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice.
- The Security
Council shall, when it deems necessary, call upon the parties to settle
their dispute by such means.
Article 34
The Security
Council may investigate any dispute, or any situation which might lead
to international friction or give rise to a dispute, in order to
determine whether the continuance of the dispute or situation is likely
to endanger the maintenance of international peace and security.
Article 35
- Any Member of
the United Nations may bring any dispute, or any situation of the
nature referred to in Article 34, to the attention of the Security
Council or of the General Assembly.
- A
state which is not a Member of the United Nations may bring to the
attention of the Security Council or of the General Assembly any
dispute to which it is a party if it accepts in advance, for the
purposes of the dispute, the obligations of pacific settlement provided
in the present Charter.
- 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
- The Security
Council may, at any stage of a dispute of the nature referred to in
Article 33 or of a situation of like nature, recommend appropriate
procedures or methods of adjustment.
- The
Security Council should take into consideration any procedures for the
settlement of the dispute which have already been adopted by the
parties.
- In
making recommendations under this Article the Security Council should
also take into consideration that legal disputes should as a general
rule be referred by the parties to the International Court of Justice
in accordance with the provisions of the Statute of the Court.
Article 37
- Should the
parties to a dispute of the nature referred to in Article 33 fail to
settle it by the means indicated in that Article, they shall refer it
to the Security Council.
- If the
Security Council deems that the continuance of the dispute is in fact
likely to endanger the maintenance of international peace and security,
it shall decide whether to take action under Article 36 or to recommend
such terms of settlement as it may consider appropriate.
Article 38
Without prejudice
to the provisions of Articles 33 to 37, the Security Council may, if
all the parties to any dispute so request, make recommendations to the
parties with a view to a pacific settlement of the dispute.
CHAPTER VII
ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE,
AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the existence of any threat to the
peace, breach of the peace, or act of aggression and shall make
recommendations, or decide what measures shall be taken in accordance
with Articles 41 and 42, to maintain or restore international peace and
security.
Article 40
In order to prevent
an aggravation of the situation, the Security Council may, before
making the recommendations or deciding upon the measures provided for
in Article 39, call upon the parties concerned to comply with such
provisional measures as it deems necessary or desirable. Such
provisional measures shall be without prejudice to the rights, claims,
or position of the parties concerned. The Security Council shall duly
take account of failure to comply with such provisional measures.
Article 41
The Security
Council may decide what measures not involving the use of armed force
are to be employed to give effect to its decisions, and it may call
upon the Members of the United Nations to apply such measures. These
may include complete or partial interruption of economic relations and
of rail, sea, air, postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic relations.
Article 42
Should the Security
Council consider that measures provided for in Article 41 would be
inadequate or have proved to be inadequate, it may take such action by
air, sea, or land forces as may be necessary to maintain or restore
international peace and security. Such action may include
demonstrations, blockade, and other operations by air, sea, or land
forces of Members of the United Nations.
Article 43
- All Members
of
the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the
Security Council, on its call and in accordance with a special
agreement or agreements, armed forces, assistance, and facilities,
including rights of passage, necessary for the purpose of maintaining
international peace and security.
- 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.
- The
agreement or agreements shall be negotiated as soon as possible on the
initiative of the Security Council. They shall be concluded between the
Security Council and Members or between the Security Council and groups
of Members and shall be subject to ratification by the signatory states
in accordance with their respective constitutional processes.
Article 44
When the Security
Council has decided to use force it shall, before calling upon a Member
not represented on it to provide armed forces in fulfilment of the
obligations assumed under Article 43, invite that Member, if the Member
so desires, to participate in the decisions of the Security Council
concerning the employment of contingents of that Member's armed forces.
Article 45
In order to enable
the United Nations to take urgent military measures, Members shall hold
immediately available national air-force contingents for combined
international enforcement action. The strength and degree of readiness
of these contingents and plans for their combined action shall be
determined within the limits laid down in the special agreement or
agreements referred to in Article 43, by the Security Council with the
assistance of the Military Staff Committee.
Article 46
Plans for the
application of armed force shall be made by the Security Council with
the assistance of the Military Staff Committee.
Article 47
- There shall
be
established a Military Staff Committee to advise and assist the
Security Council on all questions relating to the Security Council's
military requirements for the maintenance of international peace and
security, the employment and command of forces placed at its disposal,
the regulation of armaments, and possible disarmament.
- The
Military Staff Committee shall consist of the Chiefs of Staff of the
permanent members of the Security Council or their representatives. Any
Member of the United Nations not permanently represented on the
Committee shall be invited by the Committee to be associated with it
when the efficient discharge of the Committee's responsibilities
requires the participation of that Member in its work.
- The
Military Staff Committee shall be responsible under the Security
Council for the strategic direction of any armed forces placed at the
disposal of the Security Council. Questions relating to the command of
such forces shall be worked out subsequently.
- The
Military Staff Committee, with the authorization of the Security
Council and after consultation with appropriate regional agencies, may
establish regional sub-committees.
Article 48
- The action
required to carry out the decisions of the Security Council for the
maintenance of international peace and security shall be taken by all
the Members of the United Nations or by some of them, as the Security
Council may determine.
- Such
decisions shall be carried out by the Members of the United Nations
directly and through their action in the appropriate international
agencies of which they are members.
Article 49
The Members of the
United Nations shall join in affording mutual assistance in carrying
out the measures decided upon by the Security Council.
Article 50
If preventive or
enforcement measures against any state are taken by the Security
Council, any other state, whether a Member of the United Nations or
not, which finds itself confronted with special economic problems
arising from the carrying out of those measures shall have the right to
consult the Security Council with regard to a solution of those
problems.
Article 51
Nothing in the
present Charter shall impair the inherent right of individual or
collective self-defence if an armed attack occurs against a Member of
the United Nations, until the Security Council has taken measures
necessary to maintain international peace and security. Measures taken
by Members in the exercise of this right of self-defence shall be
immediately reported to the Security Council and shall not in any way
affect the authority and responsibility of the Security Council under
the present Charter to take at any time such action as it deems
necessary in order to maintain or restore international peace and
security.
CHAPTER VIII
REGIONAL ARRANGEMENTS
Article 52
- Nothing in
the
present Charter precludes the existence of regional arrangements or
agencies for dealing with such matters relating to the maintenance of
international peace and security as are appropriate for regional action
provided that such arrangements or agencies and their activities are
consistent with the Purposes and Principles of the United Nations.
- The
Members of the United Nations entering into such arrangements or
constituting such agencies shall make every effort to achieve pacific
settlement of local disputes through such regional arrangements or by
such regional agencies before referring them to the Security Council.
- The
Security Council shall encourage the development of pacific settlement
of local disputes through such regional arrangements or by such
regional agencies either on the initiative of the states concerned or
by reference from the Security Council.
- This Article
in no way impairs the application of Articles 34 and 35.
Article 53
- The Security
Council shall, where appropriate, utilize such regional arrangements or
agencies for enforcement action under its authority. But no enforcement
action shall be taken under regional arrangements or by regional
agencies without the authorization of the Security Council, with the
exception of measures against any enemy state, as defined in paragraph
2 of this Article, provided for pursuant to Article 107 or in regional
arrangements directed against renewal of aggressive policy on the part
of any such state, until such time as the Organization may, on request
of the Governments concerned, be charged with the responsibility for
preventing further aggression by such a state.
- The
term enemy state as used in paragraph 1 of this Article applies to any
state which during the Second World War has been an enemy of any
signatory of the present Charter.
Article 54
The Security
Council shall at all times be kept fully informed of activities
undertaken or in contemplation under regional arrangements or by
regional agencies for the maintenance of international peace and
security.
CHAPTER IX
INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION
Article 55
With a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among nations
based on respect for the principle of equal rights and
self-determination of peoples, the United Nations shall promote:
a. higher
standards of living, full employment, and conditions of economic and
social progress and development;
b. solutions of
international economic, social, health, and related problems; and
international cultural and educational 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.
Article 56
All Members pledge
themselves to take joint and separate action in co-operation with the
Organization for the achievement of the purposes set forth in Article
55.
Article 57
- 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.
- 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 co-ordination of the
policies and activities of the specialized agencies.
Article 59
The
Organization
shall, where appropriate, initiate negotiations among the states
concerned for the creation of any new specialized agencies required for
the accomplishment of the purposes set forth in Article 55.
Article 60
Responsibility
for
the discharge of the functions of the Organization set forth in this
Chapter shall be vested in the General Assembly and, under the
authority of the General Assembly, in the Economic and Social Council,
which shall have for this purpose the powers set forth in Chapter X.
CHAPTER X
THE ECONOMIC AND SOCIAL COUNCIL
COMPOSITION
Article 61
- The Economic
and Social Council shall consist of fifty-four Members of the United
Nations elected by the General Assembly.
- 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.
- 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.
- Each member
of the Economic and Social Council shall have one representative.
FUNCTIONS and POWERS
Article 62
- 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.
- It may
make recommendations for the purpose of promoting respect for, and
observance of, human rights and fundamental freedoms for all.
- It may
prepare draft conventions for submission to the General Assembly, with
respect to matters falling within its competence.
- It may
call, in accordance with the rules prescribed by the United
Nations,international conferences on matters falling within its
competence.
Article 63
- 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.
- It
may co-ordinate 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
- 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.
- 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
- The Economic
and Social Council shall perform such functions as fall within its
competence in connexion with the carrying out of the recommendations of
the General Assembly.
- It
may, with the approval of the General Assembly, perform services at the
request of Members of the United Nations and at the request of
specialized agencies.
- 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
- Each member
of the Economic and Social Council shall have one vote.
- Decisions of
the Economic and Social Council shall be made by a majority of the
members present and voting.
PROCEDURE
Article 68
The Economic and
Social Council shall set up commissions in economic and social fields
and for the promotion of human rights, and such other commissions as
may be required for the performance of its functions.
Article 69
The Economic and
Social Council shall invite any Member of the United Nations to
participate, without vote, in its deliberations on any matter of
particular concern to that Member.
Article 70
The Economic and
Social Council may make arrangements for representatives of the
specialized agencies to participate, without vote, in its deliberations
and in those of the commissions established by it, and for its
representatives to participate in the deliberations of the specialized
agencies.
Article 71
The Economic and
Social Council may make suitable arrangements for consultation with
non-governmental organizations which are concerned with matters within
its competence. Such arrangements may be made with international
organizations and, where appropriate, with national organizations after
consultation with the Member of the United Nations concerned.
Article 72
- The Economic
and Social Council shall adopt its own rules of procedure, including
the method of selecting its President.
- The
Economic and Social Council shall meet as required in accordance with
its rules, which shall include provision for the convening of meetings
on the request of a majority of its members.
CHAPTER XI
DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations which have or assume responsibilities for
the administration of territories whose peoples have not yet attained a
full measure of self-government recognize the principle that the
interests of the inhabitants of these territories are paramount, and
accept as a sacred trust the obligation to promote to the utmost,
within the system of international peace and security established by
the present Charter, the well-being of the inhabitants of these
territories, and, to this end:
a. to ensure,
with
due respect for the culture of the peoples concerned, their political,
economic, social, and educational advancement, their just treatment,
and their protection against abuses;
b. to develop
self-government, to take due account of the political aspirations of
the peoples, and to assist them in the progressive development of their
free political institutions, according to the particular circumstances
of each territory and its peoples and their varying stages of
advancement;
c. to further
international peace and security;
d. to promote
constructive measures of development, to encourage research, and to
co-operate with one another and, when and where appropriate, with
specialized international bodies with a view to the practical
achievement of the social, economic, and scientific purposes set forth
in this Article; and
e. to transmit
regularly to the Secretary-General for information purposes, subject to
such limitation as security and constitutional considerations may
require, statistical and other information of a technical nature
relating to economic, social, and educational conditions in the
territories for which they are respectively responsible other than
those territories to which 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-neighbourliness, due account being taken of the interests and
well-being of the rest of the world, in social, economic, and
commercial matters.
CHAPTER XII
INTERNATIONAL TRUSTEESHIP SYSTEM
Article 75
The United
Nations shall establish under its authority an international
trusteeship system for the administration and supervision of such
territories as may be placed thereunder by subsequent individual
agreements. These territories are hereinafter referred to as trust
territories.
Article 76
The basic
objectives of the trusteeship system, in accordance with the Purposes
of the United Nations laid down in Article 1 of the present Charter,
shall be:
a. to
further international peace and security;
b. to
promote the political, economic, social, and educational advancement of
the inhabitants of the trust territories, and their progressive
development towards self-government or independence as may be
appropriate to the particular circumstances of each territory and its
peoples and the freely expressed wishes of the peoples concerned, and
as may be provided by the terms of each trusteeship agreement;
c. to
encourage respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion, and to
encourage recognition of the interdependence of the peoples of the
world; and
d. to
ensure equal treatment in social, economic, and commercial matters for
all Members of the United Nations and their nationals, and also equal
treatment for the latter in the administration of justice, without
prejudice to the attainment of the foregoing objectives and subject to
the provisions of Article 80.
Article 77
- 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.
- 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
- 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.
- Paragraph
1 of this Article shall not be interpreted as giving grounds for delay
or postponement of the negotiation and conclusion of agreements for
placing mandated and other territories under the trusteeship system as
provided for in Article 77.
Article 81
The
trusteeship agreement shall in each case include the terms under which
the trust territory will be administered and designate the authority
which will exercise the administration of the trust territory. Such
authority, hereinafter called the administering authority, may be one
or more states or the Organization itself.
Article 82
There may be
designated, in any trusteeship agreement, a strategic area or areas
which may include part or all of the trust territory to which the
agreement applies, without prejudice to any special agreement or
agreements made under Article 43.
Article 83
- 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.
- The basic objectives set forth in Article 76 shall be
applicable to the people of each strategic area.
- The Security Council shall, subject to the provisions of
the trusteeship agreements and without prejudice to security
considerations, avail itself of the assistance of the Trusteeship
Council to perform those functions of the United Nations under the
trusteeship system relating to political, economic, social, and
educational matters in the strategic areas.
Article 84
It shall be
the duty of the administering authority to ensure that the trust
territory shall play its part in the maintenance of international peace
and security. To this end the administering authority may make use of
volunteer forces, facilities, and assistance from the trust territory
in carrying out the obligations towards the Security Council undertaken
in this regard by the administering authority, as well as for local
defence and the maintenance of law and order within the trust
territory.
Article 85
- 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.
- 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
- The
Trusteeship Council shall consist of the following Members of the
United Nations:
a. those
Members administering trust territories;
b. such of
those Members mentioned by name in Article 23 as are not administering
trust territories; and
c. as many
other
Members elected for three-year terms by the General Assembly as may be
necessary to ensure that the total number of members of the Trusteeship
Council is equally divided between those Members of the United Nations
which administer trust territories and those which do not.
- Each member
of the Trusteeship Council shall designate one specially qualified
person to represent it therein.
FUNCTIONS and POWERS
Article 87
The General
Assembly and, under its authority, the Trusteeship Council, in carrying
out their functions, may:
a. consider
reports submitted by the administering authority;
b. accept
petitions and examine them in consultation with the administering
authority;
c. provide for
periodic visits to the respective trust territories at times agreed
upon with the administering authority; and
d. take these
and other actions in conformity with the terms of the trusteeship
agreements.
Article 88
The Trusteeship
Council shall formulate a questionnaire on the political, economic,
social, and educational advancement of the inhabitants of each trust
territory, and the administering authority for each trust territory
within the competence of the General Assembly shall make an annual
report to the General Assembly upon the basis of such questionnaire.
VOTING
Article 89
- Each member
of the Trusteeship Council shall have one vote.
- Decisions of
the Trusteeship Council shall be made by a majority of the members
present and voting.
PROCEDURE
Article 90
- The
Trusteeship Council shall adopt its own rules of procedure, including
the method of selecting its President.
- The
Trusteeship Council shall meet as required in accordance with its
rules, which shall include provision for the convening of meetings on
the request of a majority of its members.
Article 91
The Trusteeship
Council shall, when appropriate, avail itself of the assistance of the
Economic and Social Council and of the specialized agencies in regard
to matters with which they are respectively concerned.
CHAPTER XIV
THE INTERNATIONAL COURT OF JUSTICE
Article 92
The International Court of Justice shall be the principal judicial
organ of the United Nations. It shall function in accordance with the
annexed Statute, which is based upon the Statute of the Permanent Court
of International Justice and forms an integral part of the present
Charter.
Article 93
- All Members
of the United Nations are ipso facto parties to the Statute of
the International Court of Justice.
- A
state which is not a Member of the United Nations may become a party to
the Statute of the International Court of Justice on conditions to be
determined in each case by the General Assembly upon the recommendation
of the Security Council.
Article 94
- 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.
- If any
party to a case fails to perform the obligations incumbent upon it
under a judgment rendered by the Court, the other party may have
recourse to the Security Council, which may, if it deems necessary,
make recommendations or decide upon measures to be taken to give effect
to the judgment.
Article 95
Nothing in the
present Charter shall prevent Members of the United Nations from
entrusting the solution of their differences to other tribunals by
virtue of agreements already in existence or which may be concluded in
the future.
Article 96
- The General
Assembly or the Security Council may request the International Court of
Justice to give an advisory opinion on any legal question.
- Other
organs of the United Nations and specialized agencies, which may at any
time be so authorized by the General Assembly, may also request
advisory opinions of the Court on legal questions arising within the
scope of their activities.
CHAPTER XV
THE SECRETARIAT
Article 97
The Secretariat shall comprise a Secretary-General and such staff as
the Organization may require. The Secretary-General shall be appointed
by the General Assembly upon the recommendation of the Security
Council. He shall be the chief administrative officer of the
Organization.
Article 98
The
Secretary-General shall act in that capacity in all meetings of the
General Assembly, of the Security Council, of the Economic and Social
Council, and of the Trusteeship Council, and shall perform such other
functions as are entrusted to him by these organs. The
Secretary-General shall make an annual report to the General Assembly
on the work of the Organization.
Article 99
The
Secretary-General may bring to the attention of the Security Council
any matter which in his opinion may threaten the maintenance of
international peace and security.
Article 100
- In the
performance of their duties the Secretary-General and the staff shall
not seek or receive instructions from any government or from any other
authority external to the Organization. They shall refrain from any
action which might reflect on their position as international officials
responsible only to the Organization.
- Each
Member of the United Nations undertakes to respect the exclusively
international character of the responsibilities of the
Secretary-General and the staff and not to seek to influence them in
the discharge of their responsibilities.
Article 101
- The staff
shall be appointed by the Secretary-General under regulations
established by the General Assembly.
- 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.
- The
paramount consideration in the employment of the staff and in the
determination of the conditions of service shall be the necessity of
securing the highest standards of efficiency, competence, and
integrity. Due regard shall be paid to the importance of recruiting the
staff on as wide a geographical basis as possible.
CHAPTER XVI
MISCELLANEOUS PROVISIONS
Article 102
- 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.
- 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
fulfilment of its purposes.
Article 105
- The
Organization shall enjoy in the territory of each of its Members such
privileges and immunities as are necessary for the fulfilment of its
purposes.
- 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 connexion with the
Organization.
- The
General Assembly may make recommendations with a view to determining
the details of the application of paragraphs 1 and 2 of this Article or
may propose conventions to the Members of the United Nations for this
purpose.
CHAPTER XVII
TRANSITIONAL SECURITY ARRANGEMENTS
Article 106
Pending the coming into force of such special agreements referred to in
Article 43 as in the opinion of the Security Council enable it to begin
the exercise of its responsibilities under Article 42, the parties to
the Four-Nation Declaration, signed at Moscow, 30 October 1943, and
France, shall, in accordance with the provisions of paragraph 5 of that
Declaration, consult with one another and as occasion requires with
other Members of the United Nations with a view to such joint action on
behalf of the Organization as may be necessary for the purpose of
maintaining
international peace and security.
Article 107
Nothing in the
present Charter shall invalidate or preclude action, in relation to any
state which during the Second World War has been an enemy of any
signatory to the present Charter, taken or authorized as a result of
that war by the Governments having responsibility for such action.
CHAPTER XVIII
AMENDMENTS
Article 108
Amendments to the
present Charter shall come into force for all Members
of the United Nations when they have been adopted by a vote of two
thirds of the members of the General Assembly and ratified in
accordance with their respective constitutional processes by two thirds
of the Members of the United Nations, including all the permanent
members of the Security Council.
Article 109
- 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.
- 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.
- 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
- The present
Charter shall be ratified by the signatory states in accordance with
their respective constitutional processes.
- The
ratifications shall be deposited with the Government of the United
States of America, which shall notify all the signatory states of each
deposit as well as the Secretary-General of the Organization when he
has been appointed.
- The
present Charter shall come into force upon the deposit of ratifications
by the Republic of China, France, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern Ireland,
and the United States of America, and by a majority of the other
signatory states. A protocol of the ratifications deposited shall
thereupon be drawn up by the Government of the United States of America
which shall communicate copies thereof to all the signatory states.
- The
states signatory to the present Charter which ratify it after it has
come into force will become original Members of the United Nations on
the date of the deposit of their respective ratifications.
Article 111
The present
Charter, of which the Chinese, French, Russian, English, and Spanish
texts are equally authentic, shall remain deposited in the archives of
the Government of the United States of America. Duly certified copies
thereof shall be transmitted by that Government to the Governments of
the other signatory states.
IN FAITH WHEREOF the representatives of the
Governments of the United Nations have signed the present Charter.
DONE at the city of San Francisco the twenty-sixth
day of June, one thousand nine hundred and forty-five.