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.
Chapter I:
Purposes and Principles
Article 1
The Purposes of the United
Nations are:
1.
To maintain international peace and security, and to
that end: to take effective collective measures for the prevention and removal
of threats to the peace, and for the suppression of acts of aggression or other
breaches of the peace, and to bring about by peaceful means, and in conformity
with the principles of justice and international law, adjustment or settlement
of international disputes or situations which might lead to a breach of the
peace;
2.
To develop friendly relations among nations based on
respect for the principle of equal rights and self-determination of peoples,
and to take other appropriate measures to strengthen universal peace;
3.
To achieve international 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 all of them the
rights and benefits resulting from membership, shall fulfill in good faith the
obligations assumed by them in accordance with the present Charter.
3.
All Members shall settle their international disputes
by peaceful means in such a manner that international peace and security, and
justice, are not endangered.
4.
All Members shall refrain in their international
relations from the threat or use of force against the territorial integrity or
political independence of any state, or in any other manner inconsistent with
the Purposes of the United Nations.
5.
All Members shall give the United Nations every
assistance in any action it takes in accordance with the present Charter, and
shall refrain from giving assistance to any state against which the United
Nations is taking preventive or enforcement action.
6.
The Organization shall ensure that states which are not
Members of the United Nations act in accordance with these Principles so far as
may be necessary for the maintenance of international peace and security.
7.
Nothing contained in the present Charter shall
authorize the United Nations to intervene in matters which are essentially
within the domestic jurisdiction of any state or shall require the Members to
submit such matters to settlement under the present Charter; but this principle
shall not prejudice the application of enforcement measures under Chapter 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
1.
There are established as 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.
Chapter IV: 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 international peace and security brought before it by any
Member of the United Nations, or by the Security Council, or by a state which
is not a Member of the United Nations in accordance with Article 35, paragraph
2, and, except as provided in Article 12, may make recommendations with regard
to any such questions to the state or states concerned or to the Security
Council or to both. Any such question on which action is necessary shall be
referred to the Security Council by the General Assembly either before or after
discussion.
3.
The General Assembly may call the attention of the
Security Council to situations which are likely to endanger international peace
and security.
4.
The powers of the General Assembly set forth in this
Article shall not limit the general scope of Article 10.
Article 12
1.
While the Security Council is exercising in respect of
any dispute or situation the functions assigned to it in the present Charter,
the General Assembly shall not make any recommendation with regard to that
dispute or situation unless the Security Council so requests.
2.
The Secretary-General, with the consent of the Security
Council, shall notify the General Assembly at each session of any matters
relative to the maintenance of international peace and security which are being
dealt with by the Security Council and shall similarly notify the General
Assembly, or the Members of the United Nations if the General Assembly is not
in session, immediately the Security Council ceases to deal with such matters.
Article 13
1.
The General Assembly shall initiate studies and make
recommendations for the purpose of:
1.
promoting international co-operation in the political
field and encouraging the progressive development of international law and its
codification;
2.
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.
2.
The further responsibilities, functions and powers of
the General Assembly with respect to matters mentioned in paragraph 1 (b) above
are set forth in Chapters IX and X.
Article 14
Subject to the provisions of
Article 12, the General Assembly may recommend measures for the peaceful
adjustment of any situation, regardless of origin, which it deems likely to
impair the general welfare or friendly relations among nations, including situations
resulting from a violation of the provisions of the present Charter setting
forth the Purposes and Principles of the United Nations.
Article 15
1.
The General Assembly shall receive and consider annual
and special reports from the Security Council; these reports shall include an
account of the measures that the Security Council has decided upon or taken to
maintain international peace and security.
2.
The General Assembly shall receive and consider reports
from the other organs of the United Nations.
Article 16
The General Assembly shall
perform such functions with respect to the international trusteeship system as
are assigned to it under Chapters XII and XIII, including the approval of the
trusteeship agreements for areas not designated as strategic.
Article 17
1.
The General Assembly shall consider and approve the
budget of the Organization.
2.
The expenses of the Organization shall be borne by the
Members as apportioned by the General Assembly.
3.
The General Assembly shall consider and approve any
financial and budgetary arrangements with specialized agencies referred to in
Article 57 and shall examine the administrative budgets of such specialized
agencies with a view to making recommendations to the agencies concerned.
VOTING
Article 18
1.
Each member of the General Assembly shall have one
vote.
2.
Decisions of the General Assembly on important
questions shall be made by a two-thirds majority of the members present and
voting. These questions shall include: recommendations with respect to the
maintenance of international peace and security, the election of the
non-permanent members of the Security Council, the election of the members of
the Economic and Social Council, the election of members of the Trusteeship
Council in accordance with paragraph 1 (c) of Article 86, the admission of new
Members to the United Nations, the suspension of the rights and privileges of
membership, the expulsion of Members, questions relating to the operation of
the trusteeship system, and budgetary questions.
3.
Decisions on other questions, 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
1.
The Security Council shall consist of fifteen Members
of the United Nations. The Republic of China, France, the Union of Soviet
Socialist Republics, the United Kingdom of Great Britain and Northern Ireland,
and the United States of America shall be permanent members of the Security
Council. The General Assembly shall elect ten other Members of the United
Nations to be non-permanent members of the Security Council, due regard being
specially paid, in the first instance to the contribution of Members of the United
Nations to the maintenance of international peace and security and to the other
purposes of the Organization, and also to equitable geographical distribution.
2.
The non-permanent members of the Security Council shall
be elected for a term of two years. In the first election of the non-permanent
members after the increase of the membership of the Security Council from
eleven to fifteen, two of the four additional members shall be chosen for a
term of one year. A retiring member shall not be eligible for immediate
re-election.
3.
Each member of the Security Council shall have one
representative.
FUNCTIONS AND
POWERS
Article 24
1.
In order to ensure prompt and effective action by the
United Nations, its Members confer on the Security Council primary
responsibility for the maintenance of international peace and security, and
agree that in carrying out its duties under this responsibility the Security
Council acts on their behalf.
2.
In discharging these duties the Security Council shall
act in accordance with the Purposes and Principles of the United Nations. The
specific powers granted to the Security Council for the discharge of these
duties are laid down in Chapters VI, VII, VIII, and XII.
3.
The Security Council shall submit annual and, when
necessary, special reports to the General Assembly for its consideration.
Article 25
The Members of the United
Nations agree to accept and carry out the decisions of the Security Council in
accordance with the present Charter.
Article 26
In order to promote the
establishment and maintenance of international peace and security with the
least diversion for armaments of the world's human and economic resources, the
Security Council shall be responsible for formulating, with the assistance of
the Military Staff Committee referred to in Article 47, plans to be submitted
to the Members of the United Nations for the establishment of a system for the
regulation of armaments.
VOTING
Article 27
1.
Each member of the Security Council shall have one
vote.
2.
Decisions of the Security Council on procedural matters
shall be made by an affirmative vote of nine members.
3.
Decisions of the Security Council on all other matters
shall be made by an affirmative vote of nine members including the concurring
votes of the permanent members; provided that, in decisions under Chapter VI,
and under paragraph 3 of Article 52, a party to a dispute shall abstain from
voting.
PROCEDURE
Article 28
1.
The Security Council shall be so organized as to be
able to function continuously. Each member of the Security Council shall for
this purpose be represented at all times at the seat of the Organization.
2.
The Security Council shall hold periodic meetings at
which each of its members may, if it so desires, be represented by a member of
the government or by some other specially designated representative.
3.
The Security Council may hold meetings at such places
other than the seat of the Organization as in its judgment will best facilitate
its work.
Article 29
The Security Council may
establish such subsidiary organs as it deems necessary for the performance of
its functions.
Article 30
The Security Council shall
adopt its own rules of procedure, including the method of selecting its
President.
Article 31
Any Member of the United
Nations which is not a member of the Security Council may participate, without
vote, in the discussion of any question brought before the Security Council
whenever the latter considers that the interests of that Member are specially
affected.
Article 32
Any Member of the United
Nations which is not a member of the Security Council or any state which is not
a Member of the United Nations, if it is a party to a dispute under
consideration by the Security Council, shall be invited to participate, without
vote, in the discussion relating to the dispute. The Security Council shall lay
down such conditions as it deems just for the participation of a state which is
not a Member of the United Nations.
Chapter VI:
Pacific Settlement of Disputes
Article 33
1.
The parties to any dispute, the continuance of which is
likely to endanger the maintenance of international peace and security, shall,
first of all, seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or arrangements,
or other peaceful means of their own choice.
2.
The Security Council shall, when it deems necessary,
call upon the parties to settle their dispute by such means.
Article 34
The Security Council may
investigate any dispute, or any situation which might lead to international
friction or give rise to a dispute, in order to determine whether the
continuance of the dispute or situation is likely to endanger the maintenance
of international peace and security.
Article 35
1.
Any Member of the United Nations may bring any dispute,
or any situation of the nature referred to in Article 34, to the attention of
the Security Council or of the General Assembly.
2.
A state which is not a Member of the United Nations may
bring to the attention of the Security Council or of the General Assembly any
dispute to which it is a party if it accepts in advance, for the purposes of
the dispute, the obligations of pacific settlement provided in the present
Charter.
3.
The proceedings of the General Assembly in respect of
matters brought to its attention under this Article will be subject to the
provisions of Articles 11 and 12.
Article 36
1.
The Security Council may, at any stage of a dispute of
the nature referred to in Article 33 or of a situation of like nature,
recommend appropriate procedures or methods of adjustment.
2.
The Security Council should take into consideration any
procedures for the settlement of the dispute which have already been adopted by
the parties.
3.
In making recommendations under this Article the
Security Council should also take into consideration that legal disputes should
as a general rule be referred by the parties to the International Court of
Justice in accordance with the provisions of the Statute of the Court.
Article 37
1.
Should the parties to a dispute of the nature referred
to in Article 33 fail to settle it by the means indicated in that Article, they
shall refer it to the Security Council.
2.
If the Security Council deems that the continuance of
the dispute is in fact likely to endanger the maintenance of international
peace and security, it shall decide whether to take action under Article 36 or
to recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the
provisions of Articles 33 to 37, the Security Council may, if all the parties
to any dispute so request, make recommendations to the parties with a view to a
pacific settlement of the dispute.
Chapter VII:
Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of
Aggression
Article 39
The Security Council shall
determine the existence of any threat to the peace, breach of the peace, or act
of aggression and shall make recommendations, or decide what measures shall be
taken in accordance with Articles 41 and 42, to maintain or restore international
peace and security.
Article 40
In order to prevent an
aggravation of the situation, the Security Council may, before making the
recommendations or deciding upon the measures provided for in Article 39, call
upon the parties concerned to comply with such provisional measures as it deems
necessary or desirable. Such provisional measures shall be without prejudice to
the rights, claims, or position of the parties concerned. The Security Council
shall duly take account of failure to comply with such provisional measures.
Article 41
The Security Council may decide
what measures not involving the use of armed force are to be employed to give
effect to its decisions, and it may call upon the Members of the United Nations
to apply such measures. These may include complete or partial interruption of
economic relations and of rail, sea, air, postal, telegraphic, radio, and other
means of communication, and the severance of diplomatic relations.
Article 42
Should the Security Council
consider that measures provided for in Article 41 would be inadequate or have
proved to be inadequate, it may take such action by air, sea, or land forces as
may be necessary to maintain or restore international peace and security. Such
action may include demonstrations, blockade, and other operations by air, sea,
or land forces of Members of the United Nations.
Article 43
1.
All Members of the United Nations, in order to
contribute to the maintenance of international peace and security, undertake to
make available to the Security Council, on its call and in accordance with a
special agreement or agreements, armed forces, assistance, and facilities,
including rights of passage, necessary for the purpose of maintaining
international peace and security.
2.
Such agreement or agreements shall govern the numbers
and types of forces, their degree of readiness and general location, and the
nature of the facilities and assistance to be provided.
3.
The agreement or agreements shall be negotiated as soon
as possible on the initiative of the Security Council. They shall be concluded
between the Security Council and Members or between the Security Council and
groups of Members and shall be subject to ratification by the signatory states
in accordance with their respective constitutional processes.
Article 44
When the Security Council has
decided to use force it shall, before calling upon a Member not represented on
it to provide armed forces in 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
1.
There shall be established a Military Staff Committee
to advise and assist the Security Council on all questions relating to the
Security Council's military requirements for the maintenance of international
peace and security, the employment and command of forces placed at its
disposal, the regulation of armaments, and possible disarmament.
2.
The Military Staff Committee shall consist of the
Chiefs of Staff of the permanent members of the Security Council or their
representatives. Any Member of the United Nations not permanently represented
on the Committee shall be invited by the Committee to be associated with it
when the efficient discharge of the Committee's responsibilities requires the
participation of that Member in its work.
3.
The Military Staff Committee shall be responsible under
the Security Council for the strategic direction of any armed forces placed at
the disposal of the Security Council. Questions relating to the command of such
forces shall be worked out subsequently.
4.
The Military Staff Committee, with the authorization of
the Security Council and after consultation with appropriate regional agencies,
may establish regional sub-committees.
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.
Chapter VIII:
Regional Arrangements
Article 52
1.
Nothing in the present Charter precludes the existence
of regional arrangements or agencies for dealing with such matters relating to
the maintenance of international peace and security as are appropriate for
regional action provided that such arrangements or agencies and their
activities are consistent with the Purposes and Principles of the United
Nations.
2.
The Members of the United Nations entering into such
arrangements or constituting such agencies shall make every effort to achieve
pacific settlement of local disputes through such regional arrangements or by
such regional agencies before referring them to the Security Council.
3.
The Security Council shall encourage the development of
pacific settlement of local disputes through such regional arrangements or by
such regional agencies either on the initiative of the states concerned or by
reference from the Security Council.
4.
This Article in no way impairs the application of
Articles 34 and 35.
Article 53
1.
The Security Council shall, where appropriate, utilize
such regional arrangements or agencies for enforcement action under its
authority. But no enforcement action shall be taken under regional arrangements
or by regional agencies without the authorization of the Security Council, with
the exception of measures against any enemy state, as defined in paragraph 2 of
this Article, provided for pursuant to Article 107 or in regional arrangements
directed against renewal of aggressive policy on the part of any such state,
until such time as the Organization may, on request of the Governments
concerned, be charged with the responsibility for preventing further aggression
by such a state.
2.
The term enemy state as used in paragraph 1 of this
Article applies to any state which during the Second World War has been an
enemy of any signatory of the present Charter.
Article 54
The Security Council shall at
all times be kept fully informed of activities undertaken or in contemplation
under regional arrangements or by regional agencies for the maintenance of
international peace and security.
Chapter IX:
International Economic and Social Cooperation
Article 55
With a view to the creation of
conditions of stability and well-being which are necessary for peaceful and
friendly relations among nations based on respect for the principle of equal
rights and self-determination of peoples, the United Nations shall promote:
1.
higher standards of living, full employment, and
conditions of economic and social progress and development;
2.
solutions of international economic, social, health,
and related problems; and international cultural and educational cooperation;
and
3.
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.
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 reports from the specialized agencies. It may make
arrangements with the Members of the United Nations and with the specialized
agencies to obtain reports on the steps taken to give effect to its own
recommendations and to recommendations on matters falling within its competence
made by the General Assembly.
2.
It may communicate its observations on these reports to
the General Assembly.
Article 65
The Economic and Social Council
may furnish information to the Security Council and shall assist the Security
Council upon its request.
Article 66
1.
The Economic and Social Council shall perform such
functions as fall within its competence in connection with the carrying out of
the recommendations of the General Assembly.
2.
It may, with the approval of the General Assembly,
perform services at the request of Members of the United Nations and at the
request of specialized agencies.
3.
It shall perform such other functions as are specified
elsewhere in the present Charter or as may be assigned to it by the General
Assembly.
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 be required for the performance
of its functions.
Article 69
The Economic and Social Council
shall invite any Member of the United Nations to participate, without vote, in
its deliberations on any matter of particular concern to that Member.
Article 70
The Economic and Social Council
may make arrangements for representatives of the specialized agencies to
participate, without vote, in its deliberations and in those of the commissions
established by it, and for its representatives to participate in the deliberations
of the specialized agencies.
Article 71
The Economic and Social Council
may make suitable arrangements for consultation with non-governmental
organizations which are concerned with matters within its competence. Such
arrangements may be made with international organizations and, where appropriate,
with national organizations after consultation with the Member of the United
Nations concerned.
Article 72
1.
The Economic and Social Council shall adopt its own
rules of procedure, including the method of selecting its President.
2.
The Economic and Social Council shall meet as required
in accordance with its rules, which shall include provision for the convening
of meetings on the request of a majority of its members.
Chapter XI:
Declaration Regarding Non-Self-Governing Territories
Article 73
Members of the United Nations
which have or assume responsibilities for the administration of territories
whose peoples have not yet attained a full measure of self-government recognize
the principle that the interests of the inhabitants of these territories are
paramount, and accept as a sacred trust the obligation to promote to the
utmost, within the system of international peace and security established by
the present Charter, the well-being of the inhabitants of these territories,
and, to this end:
1.
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;
2.
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;
3.
to further international peace and security;
4.
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
5.
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:
1.
to further international peace and security;
2.
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;
3.
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
4.
to ensure equal treatment in social, economic, and
commercial matters for all Members of the United Nations and their nationals,
and also equal treatment for the latter in the administration of justice,
without prejudice to the attainment of the foregoing objectives and subject to
the provisions of Article 80.
Article 77
1.
The trusteeship system shall apply to such territories
in the following categories as may be placed thereunder by means of trusteeship
agreements:
1.
territories now held under mandate;
2.
territories which may be detached from enemy states as
a result of the Second World War; and
3.
territories voluntarily placed under the system by
states responsible for their administration.
2.
It will be a matter for subsequent agreement as to
which territories in the foregoing categories will be brought under the
trusteeship system and upon what terms.
Article 78
The trusteeship system shall
not apply to territories which have become Members of the United Nations,
relationship among which shall be based on respect for the principle of
sovereign equality.
Article 79
The terms of trusteeship for
each territory to be placed under the trusteeship system, including any
alteration or amendment, shall be agreed upon by the states directly concerned,
including the mandatory power in the case of territories held under mandate by
a Member of the United Nations, and shall be approved as provided for in
Articles 83 and 85.
Article 80
1.
Except as may be agreed upon in individual trusteeship
agreements, made under Articles 77, 79, and 81, placing each territory under
the trusteeship system, and until such agreements have been concluded, nothing
in this Chapter shall be construed in or of itself to alter in any manner the
rights whatsoever of any states or any peoples or the terms of existing
international instruments to which Members of the United Nations may
respectively be parties.
2.
Paragraph 1 of this Article shall not be interpreted as
giving grounds for delay or postponement of the negotiation and conclusion of
agreements for placing mandated and other territories under the trusteeship
system as provided for in Article 77.
Article 81
The trusteeship agreement shall
in each case include the terms under which the trust territory will be
administered and designate the authority which will exercise the administration
of the trust territory. Such authority, hereinafter called the administering
authority, may be one or more states or the Organization itself.
Article 82
There may be designated, in any
trusteeship agreement, a strategic area or areas which may include part or all
of the trust territory to which the agreement applies, without prejudice to any
special agreement or agreements made under Article 43.
Article 83
1.
All functions of the United Nations relating to
strategic areas, including the approval of the terms of the trusteeship
agreements and of their alteration or amendment shall be exercised by the
Security Council.
2.
The basic objectives set forth in Article 76 shall be
applicable to the people of each strategic area.
3.
The Security Council shall, subject to the provisions
of the trusteeship agreements and without prejudice to security considerations,
avail itself of the assistance of the Trusteeship Council to perform those
functions of the United Nations under the trusteeship system relating to
political, economic, social, and educational matters in the strategic areas.
Article 84
It shall be the duty of the
administering authority to ensure that the trust territory shall play its part
in the maintenance of international peace and security. To this end the
administering authority may make use of volunteer forces, facilities, and assistance
from the trust territory in carrying out the obligations towards the Security
Council undertaken in this regard by the administering authority, as well as
for local 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.
Chapter XIII: The
Trusteeship Council
COMPOSITION
Article 86
1.
The Trusteeship Council shall consist of the following
Members of the United Nations:
1.
those Members administering trust territories;
2.
such of those Members mentioned by name in Article 23
as are not administering trust territories; and
3.
as many other Members elected for three-year terms by
the General Assembly as may be necessary to ensure that the total number of
members of the Trusteeship Council is equally divided between those Members of
the United Nations which administer trust territories and those which do not.
2.
Each member of the Trusteeship Council shall designate
one specially qualified person to represent it therein.
FUNCTIONS AND
POWERS
Article 87
The General Assembly and, under
its authority, the Trusteeship Council, in carrying out their functions, may:
1.
consider reports submitted by the administering
authority;
2.
accept petitions and examine them in consultation with
the administering authority;
3.
provide for periodic visits to the respective trust
territories at times agreed upon with the administering authority; and
4.
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.
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
1.
All Members of the United Nations are ipso
facto parties to the Statute of the International Court of Justice.
2.
A state which is not a Member of the United Nations may
become a party to the Statute of the International Court of Justice on
conditions to be determined in each case by the General Assembly upon the
recommendation of the Security Council.
Article 94
1.
Each Member of the United Nations undertakes to comply
with the decision of the International Court of Justice in any case to which it
is a party.
2.
If any party to a case fails to perform the obligations
incumbent upon it under a judgment rendered by the Court, the other party may
have recourse to the Security Council, which may, if it deems necessary, make
recommendations or decide upon measures to be taken to give effect to the
judgment.
Article 95
Nothing in the present Charter
shall prevent Members of the United Nations from entrusting the solution of
their differences to other tribunals by virtue of agreements already in
existence or which may be concluded in the future.
Article 96
1.
The General Assembly or the Security Council may
request the International Court of Justice to give an advisory opinion on any
legal question.
2.
Other organs of the United Nations and specialized
agencies, which may at any time be so authorized by the General Assembly, may
also request advisory opinions of the Court on legal questions arising within
the scope of their activities.
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
1.
In the performance of their duties the
Secretary-General and the staff shall not seek or receive instructions from any
government or from any other authority external to the Organization. They shall
refrain from any action which might reflect on their position as international
officials responsible only to the Organization.
2.
Each Member of the United Nations undertakes to respect
the exclusively international character of the responsibilities of the
Secretary-General and the staff and not to seek to influence them in the
discharge of their responsibilities.
Article 101
1.
The staff shall be appointed by the Secretary-General
under regulations established by the General Assembly.
2.
Appropriate staffs shall be permanently assigned to the
Economic and Social Council, the Trusteeship Council, and, as required, to
other organs of the United Nations. These staffs shall form a part of the
Secretariat.
3.
The paramount consideration in the employment of the
staff and in the determination of the conditions of service shall be the
necessity of securing the highest standards of efficiency, competence, and
integrity. Due regard shall be paid to the importance of recruiting the staff
on as wide a geographical basis as possible.
Chapter XVI:
Miscellaneous Provisions
Article 102
1.
Every treaty and every international agreement entered
into by any Member of the United Nations after the present Charter comes into
force shall as soon as possible be registered with the Secretariat and
published by it.
2.
No party to any such treaty or international agreement
which has not been registered in accordance with the provisions of paragraph 1
of this Article may invoke that treaty or agreement before any organ of the
United Nations.
Article 103
In the event of a conflict
between the obligations of the Members of the United Nations under the present
Charter and their obligations under any other international agreement, their
obligations under the present Charter shall prevail.
Article 104
The Organization shall enjoy in
the territory of each of its Members such legal capacity as may be necessary
for the exercise of its functions and the 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
connection with the Organization.
3.
The General Assembly may make recommendations with a
view to determining the details of the application of paragraphs 1 and 2 of
this Article or may propose conventions to the Members of the United Nations
for this purpose.
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
1.
A General Conference of the Members of the United
Nations for the purpose of reviewing the present Charter may be held at a date
and place to be fixed by a two-thirds vote of the members of the General
Assembly and by a vote of any nine members of the Security Council. Each Member
of the United Nations shall have one vote in the conference.
2.
Any alteration of the present Charter recommended by a
two-thirds vote of the conference shall take effect when ratified in accordance
with their respective constitutional processes by two thirds of the Members of
the United Nations including all the permanent members of the Security Council.
3.
If such a conference has not been held before the tenth
annual session of the General Assembly following the coming into force of the
present Charter, the proposal to call such a conference shall be placed on the
agenda of that session of the General Assembly, and the conference shall be
held if so decided by a majority vote of the members of the General Assembly
and by a vote of any seven members of the Security Council.
Chapter XIX:
Ratification and Signature
Article 110
1.
The present Charter shall be ratified by the signatory
states in accordance with their respective constitutional processes.
2.
The ratifications shall be deposited with the
Government of the United States of America, which shall notify all 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 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.
4.
The states signatory to the present Charter which
ratify it after it has come into force will become original Members of the
United Nations on the date of the deposit of their respective ratifications.
Article 111
The present Charter, of which
the Chinese, French, Russian, English, and Spanish texts are equally authentic,
shall remain deposited in the archives of the Government of the United States
of America. 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.
Note on Amendments to Articles 23, 27, 61, 109
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.
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