Charter of the United Nations
- 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.
PURPOSES AND PRINCIPLES
Article 1
The Purposes of the United Nations are: 1. To
maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and
for the suppression of acts of aggression or other breaches of the peace, and to
bring about by peaceful means, and in conformity with the principles of justice
and international law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace;
2. To develop friendly relations among nations
based on respect for the principle of equal rights and self-determination of
peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international 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
4. 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.
1. The Organization is based on the principle of
the sovereign equality of all its Members.
2. All Members, in order to ensure to a of them
the rights and benefits resulting from membership, shall fulfil in good faith
the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international
disputes by peaceful means in such a manner that international peace and
security, and. justice, are not endangered.
4. All Members shall refrain in their
international relations from the threat or use of force against the territorial
integrity or political independence of any state, or in any other manner
inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations
every assistance in any action it takes in accordance with the present Charter,
and shall refrain from giving assistance to any state against which the United
Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states
which are not Members of the United Nations act in accordance with these
Principles so far as may be necessary for the maintenance of international peace
and security.
7. Nothing contained in the present Charter shall
authorize the United Nations to intervene in matters which are essentially
within the domestic jurisdiction of any state or shall require the Members to
submit such matters to settlement under the present Charter; but this principle
shall not prejudice the application of enforcement measures under Chapter VII.
MEMBERSHIP
Article 3
The original Members of the United Nations shall
be the states which, having participated in the United Nations Conference on
International Organization at San Francisco, or having previously signed the
Declaration by United Nations of 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 a
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 Nations will be effected by a decision of the General Assembly upon the
recommendation of the Security Council.
Article 5
A Member of the United Nations against which
preventive or enforcement action has been taken by the Security Council may be
suspended from the exercise of the rights and privileges of membership by the
General Assembly upon the recommendation of the Security Council. The exercise
of these rights and privileges may be restored by the Security Council.
Article 6
A Member of the United Nations which has
persistently violated the Principles contained in the present Charter may be'
expelled from the Organization by the General Assembly upon the recommendation
of the Security Council.
ORGANS
Article 7
1. There are established as the principal organs
of the United Nations: a General Assembly, a Security Council, an Economic and
Social Council, a Trusteeship Council, an International Court of Justice, and a
Secretariat.
2. Such subsidiary organs as may be found
necessary may be established in accordance with the present Charter.
Article 8
The United Nations shall place no restrictions on
the eligibility of men and women to participate in any capacity and under
conditions of equality in its principal and subsidiary organs.
THE GENERAL ASSEMBLY
Composition
Article 9
1. The General Assembly shall consist of all the
Members of the United Nations. 2. Each Member shall have not more than five
representatives in the General Assembly.
Functions and Powers
Article 10
The General Assembly may discuss any questions or
any matters within the scope of the present Charter or relating to the powers
and functions of any organs provided for in the present Charter, and, except as
provided in Article 12, may make recommendations to the Members of the United
Nations or to the Security Council or to both on any such questions or matters.
Article 11
1. The General Assembly may consider the general
principles of 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.
2. The General Assembly may discuss any questions
relating to the maintenance of inter- national peace and security brought before
it by any Member of the United Nations, or by the Security Council, or by a
state which is not a Member of the United Nations in accordance with Article 35,
paragraph 2, and, except as provided in Article 12, may make recommendations
with regard to any such questions to the state or states concerned or to the
Security Council or to both. Any such question on which action is necessary
shall be referred to the Security Council by the General Assembly either before
or after discussion.
3. The General Assembly may call the attention of
the Security Council to situations which are likely to endanger international
peace and security.
4. The powers of the General Assembly set forth
in this Article shall not limit the general scope of Article 10.
Article 12
1. While the Security Council is exercising in
respect of any dispute or situation the functions assigned to it in the present
Charter, the General Assembly shall not make any recommendation with regard to
that dispute or situation unless the Security Council so requests.
2. The Secretary-General, with the consent of the
Security Council, shall notify the General Assembly at each session of any
matters relative to the maintenance of international peace and security which
are being dealt with by the Security Council and similarly notify the General
Assembly, or the Members of the United Nations if the General Assembly is not in
session, immediately the Security Council ceases to deal with such matters.
Article 13
1. The General Assembly shall initiate studies
and make recommendations for the purpose of:
a. promoting international 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, an assisting in the
realization of human rights and fundamental freedoms for all without distinction
as to race, sex, language, or religion.
2. The further responsibilities, functions and
powers of the General with respect to matters mentioned in paragraph ) above are
set forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the
General Assembly may recommend measures for the peaceful adjustment of any
situation, regardless of origin, which it deems likely to impair the general
welfare or friendly relations among nations, including situations resulting from
a violation of the provisions of the present Charter setting forth the Purposes
and Principles of the United Nations.
Article 15
1. The General Assembly shall receive and
consider annual and special reports from the Security Council; these reports
shall include an account of the measures that the Security Council has decided
upon or taken to maintain international peace and security.
2. The General Assembly shall receive and
consider reports from the other organs of the United Nations.
Article 16
The General Assembly shall perform such functions
with respect to the international trusteeship system as are assigned to it under
Chapters XII and XIII, including the approval of the trusteeship agreements for
areas not designated as strategic.
Article 17
1. The Genera 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 Assembly shall consider and approve any
financial and budgetary arrangements with specialize agencies referred to in
Article 57 and shall examine the administrative budgets of such specialized
agencies with a view to making recommendations to the agencies concerned.
Voting
Article 18
1. Each member of the General Assembly shall have
one vote.
2. Decisions of the General Assembly on important
questions shall be made by a two- thirds majority of the members present and
voting. These questions shall include: recommendations with respect to the
maintenance of international peace and security, the election of the
non-permanent members of the Security Council, the election of the members of
the Economic and Social Council, the election of members of the Trusteeship
Council in accordance with paragraph 1 of Article 86, the admission of new
Members to the United Nations, the suspension of the rights and privileges of
membership, the expulsion of Members, questions relating to the operation of the
trusteeship system, and budgetary questions.
3. Decisions on other questions, 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 of the
Member.
Procedure
Article 20
The General Assembly shall meet in regular annual
sessions and in such special sessions as occasion may require. Special sessions
shall be convoked by the Secretary-General at the request of the Security
Council or of a majority of the Members of the United Nations.
Article 21
The General Assembly shall adopt its own rules of
procedure. It shall elect its President for each session.
Article 22
The General Assembly may establish such
subsidiary organs as it deems necessary for the performance of its functions.
THE SECURITY COUNCIL
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 , 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 in- stance to the contribution of Members of the United Nations to
the maintenance of inter- national 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 ensure prompt and effective action
by the United Nations, its Members confer on the Security Council primary
responsibility for the maintenance of international peace and security, and
agree that in carrying out its duties under this responsibility the Security
Council acts on their behalf.
2. In discharging these duties the Security
Council shall act in accordance with the Purposes and Principles of the United
Nations. The specific powers granted to the Security Council for the discharge
of these duties are laid down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and,
when necessary, special reports to the General Assembly for its consideration.
Article 25
The Members of the United Nations agree to accept
and carry out the decisions of the Security Council in accordance with the
present Charter.
Article 26
In order to promote the establishment and
maintenance of international peace and security with the least diversion for
armaments of the world's human and economic resources, the Security Council
shall be responsible for formulating, with the assistance of the Military Staff
Committee referred to in Article 47, plans to be submitted to the Members of the
United-Nations for the establishment of a system for the regulation of
armaments.
Voting
Article 27
1. Each member of the Security Council shall have
one vote.
2. Decisions of the Security Council on
procedural matters shall be made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other
matters shall be made by an affirmative vote of nine members including the
concurring votes of the permanent members; provided that, in decisions under
Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall
abstain from voting.
Procedure
Article 28
1. The Security Council shall be so organized as
to be able to function continuously. Each member of the Security Council shall
for this purpose be represented at times at the seat of the Organization.
2. The Security Council shall hold meetings at
which each of its members may, if it so desires, be represented by a member of
the government or by some other specially designated representative.
3. The Security Council may hold meetings at such
places other than the seat of the Organization as in its judgment will best
facilitate its work.
Article 29
The Security Council may establish such
subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of
procedure, including the method of selecting its President.
Article 31
Any Member of the United Nations which is not a
member of the Security Council may participate, without vote, in the discussion
of any question brought before the Security Council whenever the latter
considers that the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a
member of the Security Council or any state which is not a Member of the United
Nations, if it is a party to a dispute under consideration by the Security
Council, shall be invited to participate, without vote, in the discussion
relating to the dispute. The Security Council shall any down such conditions as
it deems just for the participation of a state which is not a Member of the
United Nations.
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 a, seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems
necessary, call upon the parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute,
or any situation which might lead to international friction or give rise to a
dispute, in order to determine whether the continuance of the dispute or
situation is likely to endanger the maintenance of international peace and
security.
Article 35
l. Any Member of the United Nations may bring any
dispute, or any situation of the nature referred to in Article 34, to the
attention of the Security Council or of the General Assembly.
2. A state which is not a Member of the United
Nations may bring to the attention of the Security Council or of the General
Assembly any dispute to which it is a party if it accepts in advance, for the
purposes of the dispute, the obligations of pacific settlement provided in the
present Charter.
3. The proceedings of the General Assembly in
respect of matters brought to its attention under this Article will be subject
to the provisions of Articles 11 and 12.
Article 36
1. The Security Council may, at any stage of a
dispute of the nature referred to in Article 33 or of a situation of like
nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into
consideration any procedures for the settlement of the dispute which have
already been adopted by the parties.
3. In making recommendations under this Article
the Security Council should also take into consideration that legal disputes
should as a general rule be referred by the parties to the International Court
of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature
referred to in Article 33 fail to settle it by the means indicated in that
Article, they shall refer it to the Security Council.
2. If the Security Council deems that the
continuance of the dispute is in fact likely to endanger the maintenance of
international peace and security, it shall decide whether to take action under
Article 36 or to recommend such terms of settlement as it may consider
appropriate.
Article 38
Without prejudice to the provisions of Articles
33 to 37, the Security Council may, if all the parties to any dispute so
request, make recommendations to the parties with a view to a pacific settlement
of the dispute.
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 4 and 42, to maintain or restore international peace
and security.
Article 40
In order to prevent an aggravation of the
situation, the Security Council may, before making the recommendations or
deciding upon the measures provided for in Article 39, call upon the parties
concerned to comply with such provisional measures as it deems necessary or
desirable. Such provisional measures shall be without prejudice to the rights,
claims, or position of the parties concerned. The Security Council shall duly
take account of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not
involving the use of armed force are to be employed to give effect to its
decisions, and it may call upon the Members of the United Nations to apply such
measures. These may include complete or partial interruption of economic
relations and of rail, sea, air, postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic relations.
Article 42
Should the Security Council consider that
measures provided for in Article 41 would be inadequate or have proved to be
inadequate, it may take such action by air, sea, or land forces as may be
necessary to maintain or restore international peace and security. Such action
may include demonstrations, blockade, and other operations by air, sea, or land
forces of Members of the United Nations.
Article 43
1. All Members of the United Nations, in order to
contribute to the maintenance of international peace and security, undertake to
make available to the Security Council, on its and in accordance with a special
agreement or agreements, armed forces, assistance, and facilities, including
rights of passage, necessary for the purpose of maintaining international peace
and security.
2. Such agreement or agreements shall govern the
numbers and types of forces, their degree of readiness and general location, and
the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be
negotiated as soon as possible on the initiative of the Security Council. They
shall be concluded between the Security Council and Members or between the
Security Council and groups of Members and shall be subject to ratification by
the signatory states in accordance with their respective constitutional
processes.
Article 44
When 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 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 Committee.
Article 46
Plans for the application of armed force shall be
made by the Security Council with the assistance of the Military Staff
Committee.
Article 47
1. There shall be established a Military Staff
Committee to advise and assist the Security Council on questions relating to the
Security Council's military requirements for the maintenance of international
peace and security, the employment and command of forces placed at its disposal,
the regulation of armaments, and possible disarmament.
2. The Military Staff Committee 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 re- quires the
participation of that Member its work.
3. The Military Staff Committee be responsible
under the Security Council for the strategic direction of any armed forces paced
at the disposal of the Security Council. Questions relating to the command of
such forces shall be worked out subsequently.
4. The Military Staff Committee, with the
authorization of the security Council and after consultation with appropriate
regional agencies, may establish sub-commit- tees.
Article 48
1. The action required to carry out the decisions
of the Security Council for the maintenance of international peace and security
shall be taken by all the Members of the United Nations or by some of them, as
the Security Council may determine.
2. Such decisions shall be carried out by the
Members of the United Nations directly and through their action in the
appropriate international agencies of which they are members.
Article 49
The Members of the United Nations shall join in
affording mutual assistance in carrying out the measures decided upon by the
Security Council.
Article 50
If preventive or enforcement measures against any
state are taken by the Security Council, any other state, whether a Member of
the United Nations or not, which finds itself confronted with special economic
problems arising from the carrying out of those measures shall have the right to
consult the Security Council with regard to a solution of those problems.
Article 51 Nothing in the present Charter shall
impair the inherent right of individual or collective self-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.
REGIONAL ARRANGEMENTS
Article 52
1. Nothing in the present Charter the existence
of regional arrangements or agencies for dealing with such matters relating to
the maintenance of international peace and security as are appropriate fur
regional action, provided that such arrangements or agencies and their
activities are consistent with the Purposes and Principles of the United
Nations.
2. The Members of the United Nations entering
into such arrangements or constituting such agencies shall make every effort to
achieve pacific settlement of local disputes through such regional arrangements
or by such regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the
development of pacific settlement of local disputes through such regional
arrangements or by such regional agencies either on the initiative of the states
concerned or by reference from the Security Council.
4. This Article in no way the application of
Articles 34 and 35.
Article 53
1. The Security Council shall, where appropriate,
utilize such regional arrangements or agencies for enforcement action under its
authority. But no enforcement action shall be taken under regional arrangements
or by regional agencies without the authorization of the Security Council, with
the exception of measures against any enemy state, as defined in paragraph 2 of
this Article, provided for pursuant to Article 107 or in regional arrangements
directed against renewal of aggressive policy on the part of any such state,
until such time as the Organization may, on request of the Governments
concerned, be charged with the responsibility for preventing further aggression
by such a state.
2. The term enemy state as used in paragraph 1
of this Article applies to any state which during the Second World War has been
an enemy of any signatory of the present Charter.
Article 54
The Security Council shall at all times be kept
fully informed of activities undertaken or in contemplation under regional
arrangements or by regional agencies for the maintenance of international peace
and security.
INTERNATIONAL ECONOMIC AND SOCIAL
CO-OPERATION
Article 55
With a view to the creation of conditions of
stability and well-being which are necessary for peaceful and friendly relations
among nations based on respect for the principle of equal rights and
self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and
conditions of economic and social progress and development;
b. solutions of international economic, social,
health, and related problems; and international cultural and educational co-
operation; and
c. universal respect for, and observance of,
human rights and fundamental freedoms for all without distinction as to race,
sex, language, or religion.
Article 56
All Members pledge themselves to take joint and
separate action in co-operation 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 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.
THE ECONOMIC AND SOCIAL COUNCIL
Composition
Article 61
1. The Economic and Social Council shall consist
of fifty-four Members of the United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3,
eighteen members of the Economic and Social Council shall be elected each year
for a term of three years. A retiring member shall be eligible for immediate
re-election.
3. At the first election after the increase in
the membership of the Economic and Social Council from twenty-seven to
fifty-four members, in addition to the members elected in place of the nine
members whose term of office expires at the end of that year, twenty-seven
additional members shall be elected. Of these twenty-seven additional members,
the term of office of nine members so elected shall expire at the end of one
year, and of nine other members at the end of two years, in accordance with
arrangements made by the General Assembly.
4. Each member of the Economic and Social Council
shall have one representative.
Functions and Powers
Article 62
1. The Economic and Social Council may make or
initiate studies and reports with respect to international economic, social,
cultural, educational, health, and related matters and may make recommendations
with respect to any such matters to the General Assembly, to the Members of the
United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of
promoting respect for, and observance of, human rights and fundamental freedoms
for all.
3. It may prepare draft conventions for
submission to the General Assembly, with respect to matters falling within its
competence.
4. It may call, in accordance with the rules
prescribed by the United Nations, international conferences on matters falling
within its competence.
Article 63
1. The Economic and Social Council may enter into
agreements with any of the agencies referred to in Article 57, defining the
terms on which the agency concerned shall be brought into relationship with the
United Nations. Such agreements shall be subject to approval by the General
Assembly.
2. It may 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
1. The Economic and Social Council may take
appropriate steps to obtain regular re- ports from the specialized agencies. 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 connexion with the carrying out
of the recommendations of the General Assembly.
2. It may, with the approval of the General
Assembly, perform services at the request of Members of the United Nations and
at the request of specialized agencies.
3. It shall perform such other functions as are
specified elsewhere in the present Charter or as may be assigned to it by the
General Assembly.
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 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 for the performance of its functions.
Article 69
The Economic and Social Council shall invite any
Member of the United Nations to participate, without vote, in its deliberations
on any matter of particular concern to that Member.
Article 70
The Economic and Social Council may make
arrangements for representatives of the specialized agencies to participate,
without vote, in its deliberations and in those of the commissions established
by it, and for its representatives to participate in the deliberations of the
specialized agencies.
Article 71
The Economic and Social Council may make suitable
arrangements for consultation with non-governmental organizations which are
concerned with matters within its competence. Such arrangements may be made with
international organizations and, where appropriate, with national organizations
after consultation with the Member of the United Nations concerned.
Article 72
1. The Economic and Social Council shall adopt
its own rules of procedure, including the method of selecting its President.
2. The Economic and Social Council shall meet as
required in accordance with its rules, which shall include provision for the
convening of meetings on the request of a majority of its members.
DECLARATION REGARDING
NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations which have or
assume responsibilities for the administration of territories whose peoples have
not yet attained a full measure of self-government recognize the principle that
the interests of the inhabitants of these territories are paramount, and accept
as a sacred trust the obligation to promote to the utmost, within the system of
international peace and security established by the present Charter, the well-
being of the inhabitants of these territories, and, to this end:
a. to ensure, with due respect for the culture of
the peoples concerned, their political, economic, social, and educational
advancement, their just treatment, and their protection against abuses;
b. to develop self-government, to take due
account of the political aspirations of the peoples, and to assist them in the
progressive development of their free political institutions, according to the
particular circumstances of each territory and its peoples and their varying
stages of advancement;
c. to further international peace and security;
d. to promote constructive measures of
development, to encourage research, and to 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.
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 with- out : 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 , and
also equal treatment for the latter in the administration of justice, with- out
prejudice to the attainment of the fore- going 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
trustee- ship system and upon what terms.
Article 78
The trusteeship system shall not apply to
territories which have become Members of the United Nations, relationship among
which shall be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be
placed under the trusteeship system, including any alteration or amendment,
shall be agreed upon by the states directly concerned, including the mandatory
power in the case of territories held under mandate by a Member of the United
Nations, and shall be approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual
trusteeship agreements, made under Articles 77, 79, and 81, placing each
territory under the trusteeship system, and until such agreements have been
concluded, nothing in this Chapter shall be construed in or of itself to alter
in any manner the rights whatsoever of any states or any peoples or the terms of
existing international instruments to which Members of the United Nations may
respectively be parties.
2. Paragraph 1 of this Article shall not be
interpreted as giving grounds for delay or postponement of the negotiation and
conclusion of agreements for placing mandated and other territories under the
trusteeship system as provided for in Article 77.
Article 81
The trusteeship agreement shall in each case
include the terms under which the trust territory will be administered and
designate the authority which will exercise the administration of the trust
territory. Such authority, hereinafter called the administering authority, may
be one or more states or the Organization itself.
Article 82
There may be designated, in any trusteeship
agreement, a strategic area or areas which may include part or all of the trust
territory to which the agreement applies, without prejudice to any special
agreement or agreements made under Article 43.
Article 83
1. All functions of the United Nations relating
to strategic areas, including the approval of the terms of the trusteeship
agreements and of their alteration or amendment, shall be exercised by the
Security Council.
2. he basic objectives set forth in Article 76
shall be applicable to the people of each strategic area. 43 3. The Security
Council shall, subject to the provisions of the trusteeship agreements and
without prejudice to security considerations, avail itself of the assistance of
the Trusteeship Council to perform those functions of the United Nations under
the trusteeship system relating to political, economic, social, and educational
matters in the strategic areas.
Article 84
It shall be the duty of the administering
authority to ensure that the trust territory shall play its part in the
maintenance of international peace and security. To this end the administering
authority may make use of volunteer forces, facilities, and assistance from the
trust territory in carrying out the obligations towards the Security Council
undertaken in this regard by the administering authority, as well as for local
defence and the maintenance of law and order within the trust territory.
Article 85
1. The functions of the United Nations with
regard to trusteeship agreements for all areas not designated as strategic,
including the approval of the terms of the trusteeship agreements and of their
alteration or amendment, shall be exercised by the General Assembly.
2. The Trusteeship Council, operating under the
authority of the General Assembly, shall assist the General Assembly in carrying
out these functions.
THE TRUSTEESHIP COUNCIL
Composition
Article 86 1. The Trusteeship Council shall
consist of the following Members of the United Nations:
a. those Members administering trust territories;
b. such of those Members mentioned by name in
Article 23 as are not administering trust territories; and
c. as many other Members elected for three-year
terms by the General Assembly as may be necessary to ensure that the total
number of members of the Trusteeship Council is equally divided between those
Members of the United Nations which ad- minister 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 ad-
ministering authority;
b. accept petitions and examine them in
consultation with the administering authority;
c. provide for periodic visits to the respective
trust territories at times agreed upon with the administering authority; and
d. take these and other actions in conformity
with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a
questionnaire on the political, economic, social, and educational advancement of
the inhabitants of each trust territory, and the administering authority for
each trust territory within the competence of the General Assembly shall make an
annual report to the General Assembly upon the basis of such questionnaire.
Voting
Article 89
1. Each member of the Trusteeship Council shall
have one vote.
2. Decisions of the Trusteeship Council shall be
made by a majority of the members present and voting.
Procedure
Article 90
1. The Trusteeship Council shall adopt its own
rules of procedure, including the method of selecting its President.
2. The Trusteeship Council shall meet as required
in accordance with its rules, which shall include provision for the convening of
meetings on the request of a majority of its members.
Article 91
The Trusteeship Council shall, when appropriate,
avail itself of the assistance of the Economic and Social Council and of the
specialized agencies in regard to matters with which they are respectively
concerned.
THE INTERNATIONAL COURT OF
JUSTICE
Article 92
The International Court of Justice shall be the
principal judicial organ of the United Nations. It shall function in accordance
with the annexed Statute, which is based upon the Statute of the Permanent Court
of International Justice and forms an integral part of the present Charter.
Article 93
1. All Members of the United Nations are facto
parties to the Statute of the International Court of Justice.
2. A state which is not ~ of the United Nations
may become a party to the Statute of the International Court of Justice on to be
determined in each case by the General Assembly upon the recommendation of the
Security Council.
Article 94
1. Each Member of the United Nations undertakes
to comply with the decision of the International Court of Justice in any case to
which it is a party.
2. If any party to a case fails to perform the
obligations incumbent upon it under a judgment rendered by the Court, the other
party may have recourse to the Security Council, which may, if it deems
necessary, make recommendations or decide upon measures to be taken to give 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.
1. The General Assembly or the Security Council
may request the International Court of Justice to give an advisory opinion on
any legal question.
2. Other organs of the United Nations and
specialized agencies, which may at any time be so authorized by the General
Assembly, may also request advisory opinions of the Court on legal questions
arising within the scope of their activities.
THE SECRETARIAT
Article 97
The Secretariat shall comprise a Secretary-
General and such staff as the Organization may require. The Secretary-General
shall be appointed by the General Assembly upon the recommendation of the
Security Council. He shall be the chief administrative officer of the
Organization.
Article 98
The Secretary-General shall act in that capacity
in all meetings of the General Assembly, of the Security Council, of the
Economic and Social Council, and of the Trusteeship Council, and shall perform
such other functions as are entrusted to him by these organs. The
Secretary-General shall make an annual report to the General Assembly on the
work of the Organization.
Article 99
The Secretary-General may bring to the attention
of the Security Council any matter which in his opinion may threaten the
maintenance of international peace and security.
Article 100
1. In the performance of their duties the
Secretary-General and the staff shall not seek or receive instructions from any
government or from any other authority external to the Organization. They shall
refrain from any action which might on their position as international officials
responsible only to the Organization.
2. Each Member of the United Nations undertakes
to respect the exclusively inter- national character of the responsibilities of
the Secretary-General and the staff and not to seek to influence them in the
discharge of their responsibilities.
Article 101
1. The staff shall be appointed by the
Secretary-General under regulations established by the General Assembly.
2. Appropriate staffs shall be permanently
assigned to the Economic and Social Council, the Trusteeship Council, and, as
required, to other organs of the United Nations. These staffs shall form a part
of the Secretariat.
3. The paramount consideration in the employment
of the staff and in the determination of the conditions of service shall be the
necessity of securing the highest standards of efficiency, competence, and
integrity. Due regard shall be paid to the importance of recruiting the staff on
as wide a geographical basis as possible.
MISCELLANEOUS PROVISIONS
Article 102
1. Every treaty and every international agreement
entered into by any Member of the United Nations after the present Charter comes
into force shall as soon as possible be registered with the Secretariat and
published by it.
2. No party to any such treaty or international
agreement which has not been registered in accordance with the provisions of
paragraph I of this Article may invoke that treaty or agreement before any organ
of the United Nations.
Article 103
In the event of a conflict between the
obligations of the Members of the United Nations under the present Charter and
their obligations under any other international agreement, their obligations
under the present Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of
each of its Members such legal capacity as may be necessary for the exercise of
its functions and the fulfilment 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
fulfilment 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 connexion with the Organization.
3. The General Assembly may make recommendations
with a view to determining the details of the application of paragraphs 1 and 2
of this Article or may propose conventions to the Members of the United Nations
for this purpose.
TRANSITIONAL SECURITY
ARRANGEMENTS
Article 106
Pending the coming into force of such special
agreements referred to in Article 43 as in the opinion of the Security Council
enable it to begin the exercise of its responsibilities under Article 42, the
parties to the Four-Nation Declaration, signed at Moscow, 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
in- validate or preclude action, in relation to any state which during the
Second World War has been an enemy of any signatory to the present Charter,
taken or authorized as a result of that war by the Governments having
responsibility for such action.
AMENDMENTS
Article 108
Amendments to the present Charter shall come into
force for all Members of the United Nations when they have been adopted by a
vote of two thirds of the members of the General Assembly and ratified in
accordance with their respective constitutional processes by two thirds of the
Members of the United Nations, including all the permanent members of the
Security Council.
Article 109
1. A General Conference of the Members of the
United Nations 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 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.
RATIFICATION AND SIGNATURE
Article 110
1. The present Charter shall be ratified by the
signatory states in accordance with their respective constitutional processes.
2. The shall be deposited with the Government of
the United States of America, which shall notify a the signatory states of each
deposit as well as the Secretary-General of the Organization when he has been
appointed.
3. The present Charter shall come into force upon
the deposit of by the Republic of China, France, the Union of Soviet Socialist,
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 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 Char- tear
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.