1256 lines
61 KiB
Plaintext
1256 lines
61 KiB
Plaintext
CHARTER OF THE UNITED NATIONS
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We the people of United Nations determined to save succeeding
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generations from the scourge of war, which twice in our lifetime
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has brought untold sorrow to mankind, and
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To reaffirm faith in fundamental human rights, in the dignity
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and worth of the human person, in the equal rights of men and women
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and of nations large and small, and
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To establish conditions under which justice and respect for
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the obligations arising from treaties and other sources of
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international law can be maintained, and
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To promote social progress and better standards of life in
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larger freedom, and for these ends
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To practice tolerance and live together in peace with one
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another as good neighbors, and
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To unite our strength to maintain international peace and
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security, and
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To ensure, by the acceptance of principles and the
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institutions of methods, that armed force shall not be used, save
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in the common interest, and
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To employ international machinery for the promotion of the
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economic and social advancement of all peoples, have resolved to
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combine our efforts to accomplish these aims.
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Accordingly, our respective Governments, through
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representatives assembled in the city of San Francisco, who have
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exhibited their full powers found to be in good and due form, have
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agreed to the present Charter of the United Nations and do hereby
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establish an international organization to be known as the United
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Nations.
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CHAPTER I
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Purposes And Principles
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Article I
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The purposes of the United Nations are:
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1. To maintain international peace and security, and to that
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end: to take effective collective measures for the prevention and
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removal of threats to the peace, and for the suppression of acts of
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aggression or other breaches of the peace, and to bring about by
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peaceful means, and in conformity with the principles of justice
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and international law, adjustment or settlement of international
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disputes or situations which might lead to a breach of the peace;
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2. To develop friendly relations among nations based on
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respect for the principle of equal rights and self-determination of
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peoples, and to take other appropriate measures to strengthen
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universal peace;
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3. To achieve international cooperation in solving
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international problems of an economic, social, cultural, or
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humanitarian character, and in promoting and encouraging respect
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for human rights and for fundamental freedoms for all without
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distinction as to race, sex, language, or religion; and
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4. To be a center for harmonizing the actions of nations in
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the attainment of these common ends.
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Article 2
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The Organization and its Members, in pursuit of the Purposes
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stated in Article I, shall act in accordance with the following
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Principles:
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1. The Organization is based on the principle of the
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sovereign equality of all its Members.
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2. All Members, in order to ensure to all of them the rights
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and benefits resulting from membership, shall fulfill in good faith
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the obligations assumed by them in accordance with the present
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Charter.
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3. All Members shall settle their international disputes by
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peaceful means in such a manner that international peace and
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security, and justice, are not endangered.
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4. All Members shall refrain in their international relations
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from the threat or use of force against the territorial integrity
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or political independence of any state, or in any other manner
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inconsistent with the Purposes of the United Nations.
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5. All Members shall give the United Nations every assistance
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in any action it takes in accordance with the present Charter, and
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shall refrain from giving assistance to any state against which the
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United Nations is taking preventive or enforcement action.
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6. The Organization shall ensure that states which are not
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Members of the United Nations act in accordance with these
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Principles so far as may be necessary for the maintenance of
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international peace and security.
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7. Nothing contained in the present Charter shall authorize
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the United Nations to intervene in matters which are essentially
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within the domestic jurisdiction of any state or shall require the
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Members to submit such matters to settlement under the present
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Charter; but this principle shall not prejudice the application of
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enforcement measures under Chapter VII.
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CHAPTER II
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Membership
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Article 3
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The original Members of the United Nations shall be the states
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which, having participated in the United Nations Conference on
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International Organization at San Francisco, or having previously
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signed the Declaration by United Nations of January 1, 1942, sign
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the present Charter and ratify it in accordance with Article 110.
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Article 4
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1. Membership in the United Nations is open to all other
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peace-loving states which accept the obligations contained in the
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present Charter and, in the judgment of the Organization, are able
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and willing to carry out these obligations.
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2. The admission of any such state to membership in the
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United Nations will be effected by a decision of the General
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Assembly upon the recommendation of the Security Council.
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Article 5
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A Member of the United Nations against which preventive or
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enforcement action has been taken by the Security Council may be
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suspended from the exercise of the rights and privileges of
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membership by the General Assembly upon the recommendation of the
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Security Council. The exercise of these rights and privileges may
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be restored by the Security Council.
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Article 6
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A Member of the United Nations which has persistently violated
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the Principles contained in the present Charter may be expelled
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from the Organization by the General Assembly upon the
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recommendation of the Security Council.
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CHAPTER III
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Organs
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Article 7
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1. There are established as the principal organs of the
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United Nations: a General Assembly, a Security Council, an
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Economic and Social Council, a Trusteeship Council, an
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International Court of Justice, and a Secretariat.
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2. Such subsidiary organs as may be found necessary may be
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established in accordance with the present Charter.
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Article 8
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The United Nations shall place no restrictions on the
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eligibility of men and women to participate in any capacity and
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under conditions of equality in its principal and subsidiary
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organs.
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CHAPTER IV
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The General Assembly
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Composition
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Article 9
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1. The General Assembly shall consist of all the members of
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the United Nations.
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2. Each Member shall have not more than five representatives
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in the General Assembly.
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Functions And Powers
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Article 10
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The General Assembly may discuss any questions or any matters
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within the scope of the present Charter or relating to the powers
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and functions of any organs provided for in the present Charter,
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and, except as provided in Article 12, may make recommendations to
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the Members of the United Nations or to the Security Council or to
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both on any such questions or matters.
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Article 11
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1. The General Assembly may consider the general principles
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of cooperation in the maintenance of international peace and
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security, including the principles governing disarmament and the
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regulation of armaments, and may make recommendations with regard
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to such principles to the Members or to the Security Council or to
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both.
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2. The General Assembly may discuss any questions relating to
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the maintenance of international peace and security brought before
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it by any Member of the United Nations, or by the Security Council,
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or by a state which is not a Member of the United Nations, in
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accordance with Article 35, paragraph 2, and, except as provided in
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Article 12, may make recommendations with regard to any such
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question to the state or states concerned or to the Security
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Council or to both. Any such question on which action is necessary
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shall be referred to the Security Council by the General Assembly
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either before or after discussion.
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3. The General Assembly may call the attention of the
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Security Council to situations which are likely to endanger
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international peace and security.
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4. The powers of the General Assembly set forth in this
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Article shall not limit the general scope of Article 10.
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Article 12
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1. While the Security Council is exercising in respect of any
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dispute or situation the functions assigned to it in the present
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Charter, the General Assembly shall not make any recommendations
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with regard to that dispute or situation unless the Security
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Council so requests.
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2. The Secretary-General, with the consent of the Security
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Council, shall notify the General Assembly at each session of any
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matters relative to the maintenance of international peace and
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security which are being dealt with by the Security Council and
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shall similarly notify the General Assembly, or the Members of the
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United Nations if the General Assembly is not in session,
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immediately the Security Council ceases to deal with such matters.
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Article 13
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1. The General Assembly shall initiate studies and make
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recommendations for the purpose of:
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(a) promoting international cooperation in the political
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field and encouraging the progressive development of international
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law and its codification;
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(b) promoting international cooperation in the economic,
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social, cultural, educational, and health fields, and assisting in
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the realization of human rights and fundamental freedoms for all
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without distinction as to race, sex, language, or religion.
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2. The further responsibilities, functions and powers of the
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General Assembly with respect to matters mentioned in paragraph 1
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(b) above are set forth in Chapters IX and X.
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Article 14
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Subject to the provisions of Article 12, the General Assembly
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may recommend measures for the peaceful adjustment of any
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situation, regardless of origin, which it deems likely to impair
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the general welfare or friendly relations among nations, including
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situations resulting from the present Charter setting forth the
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Purposes and Principles of the United Nations.
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Article 15
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The General Assembly shall receive and consider annual and
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special reports from the Security Council; these reports shall
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include an account of the measures that the Security Council has
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decided upon or taken to maintain international peace and security.
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2. The General Assembly shall receive and consider reports
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from the other organs of the United Nations.
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Article 16
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The General Assembly shall perform such functions with respect
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to the international trusteeship system as are assigned to it under
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Chapters XII and XIII, including the approval of the trusteeship
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agreements for areas not designated as strategic.
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Article 17
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1. The General Assembly shall consider and approve the budget
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of the Organization.
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2. The expenses of the Organization shall be borne by the
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Members as apportioned by the General Assembly.
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3. The General Assembly shall consider and approve any
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financial and budgetary arrangements with specialized agencies
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referred to in Article 57 and shall examine the administrative
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budgets of such specialized agencies with a view to making
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recommendations to the agencies concerned.
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Voting
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Article 18
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1. Each member of the General Assembly shall have one vote.
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2. Decisions of the General Assembly on important questions
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shall be made by a two-thirds majority of the members present and
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voting. These questions shall include: recommendations with
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respect to maintenance of international peace and security, the
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election of the non-permanent members of the Security Council, the
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election of members of the Economic and Social Council, the
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election of members of the Trusteeship Council in accordance with
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paragraph 1 (c) of Article 86, the admission of new Members to the
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United Nations, the suspension of the rights and privileges of
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membership, the expulsion of Members, questions relating to the
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operation of the trusteeship system, and budgetary questions.
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3. Decisions on other questions, including the determination
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of additional categories of questions to be decided by a two-thirds
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majority, shall be made by a majority of the members present and
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voting.
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Article 19
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A Member of the United Nations which is in arrears in the
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payment of its financial contributions to the Organization shall
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have no vote in the General Assembly if the amount of its arrears
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equals or exceeds the amount of the contributions due from it for
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the preceding two full years. The General Assembly may,
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nevertheless, permit such a Member to vote if it is satisfied that
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the failure to pay is due to conditions beyond the control of the
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Member.
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Procedure
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Article 20
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The General Assembly shall meet in regular annual sessions and
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in such special sessions as occasion may require. Special sessions
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shall be convoked by Secretary-General at the request of the
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Security Council or of a majority of the Members of the United
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Nations.
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Article 21
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The General Assembly shall adopt its own rules of procedure.
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It shall elect its President for each session.
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Article 22
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The General Assembly may establish such subsidiary organs as
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it deems necessary for the performance of its functions.
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CHAPTER V
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The Security Council
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Composition
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Article 23
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1. The Security Council shall consist of eleven Members of
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the United Nations. The Republic of China, France, the Union of
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Soviet Socialist Republics, the United Kingdom of Great Britain and
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Northern Ireland, and the United States of America shall be
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permanent members of the Security Council. The General Assembly
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shall elect six other Members of the United Nations to be
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nonpermanent members of the Security Council, due regard being
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specially paid, in the first instance to the contribution of
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members of the United Nations to the maintenance of international
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peace and security and to the other purposes of the Organization,
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and also to equitable geographical distribution.
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2. The non-permanent members of the Security Council shall be
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elected for a term of two years. In the first election of the non-
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permanent members, however, three shall be chosen for a term of one
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year. A retiring member shall not be eligible for immediate re-
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election.
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3. Each member of the Security Council shall have one
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representative.
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Functions And Powers
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Article 24
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1. In order to insure prompt and effective action by the
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United Nations, its Members confer on the Security Council primary
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responsibility for the maintenance of international peace and
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security, and agree that in carrying out its duties under this
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responsibility the Security Council acts on their behalf.
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2. In discharging these duties that Security Council shall
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act in accordance with the Purposes and Principles of the United
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Nations. The specific powers granted to the Security Council for
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the discharge of these duties are laid down in Chapters VI, VII,
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VIII, and XII.
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3. The Security Council shall submit annual and, when
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necessary, special reports to the General Assembly for its
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consideration.
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Article 25
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The Members of the United Nations agree to accept and carry
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out the decisions of the Security Council in accordance with the
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present Charter.
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Article 26
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In order to promote the establishment and maintenance of
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international peace and security with the least diversion for
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armaments of the world's human and economic resources, the Security
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Council shall be responsible for formulating, with the assistance
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of the Military Staff Committee referred to in Article 7, plans to
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be submitted to the Members of the United Nations for the
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establishment of a system for the regulation of armaments.
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Voting
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Article 27
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1. Each member of the Security Council shall have one vote.
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2. Decisions of the Security Council on procedural matters
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shall be made by an affirmative vote of seven members.
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3. Decisions of the Security Council on all other matters
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shall be made by an affirmative vote of seven members including the
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concurring votes of the permanent members; provided that, in
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decisions under Chapter VI, and under paragraph 3 of Article 52, a
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party to a dispute shall abstain from voting.
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Procedure
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Article 28
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1. The Security Council shall be so organized as to be able
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to function continuously. Each member of the Security Council
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shall for this purpose be represented at all times at the seat of
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the Organization.
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2. The Security Council shall hold periodic meetings at which
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each of its members may, if it so desires, be represented by a
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member of the government or by some order specially designated
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representative.
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3. The Security Council may hold meetings at such places
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other than the seat of the Organization as in its judgment will
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best facilitate its work.
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Article 29
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The Security Council may establish such subsidiary organs as
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it deems necessary for the performance of its functions.
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Article 30
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The Security Council shall adopt its own rules of procedure,
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including the method of selecting its President.
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Article 31
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Any member of the United Nations which is not a member of the
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Security Council may participate, without vote, in the discussion
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of any question brought before the Security Council whenever the
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latter considers that the interests of that Member are specially
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affected.
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Article 32
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Any member of the United Nations which is not a member of the
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Security Council or any state which is not a Member of the United
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Nations, if it is a party to a dispute under consideration by the
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Security Council, shall be invited to participate, without vote, in
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the discussion relating to the dispute. The Security Council shall
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lay down such conditions as it deems just for the participation of
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a state which is not a Member of the United Nations.
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CHAPTER VI
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Pacific Settlement Of Disputes
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Article 33
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1. The parties to any dispute, the continuance of which is
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likely to endanger the maintenance of international peace and
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security, shall, first of all, seek a solution by negotiation,
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enquiry, mediation, conciliation, arbitration, judicial settlement,
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resort to regional agencies or arrangements, or other peaceful
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means of their own choice.
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2. The Security Council shall, when it deems necessary, call
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upon the parties to settle their dispute by such means.
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Article 34
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The Security Council may investigate any dispute, or any
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situation which might lead to international friction or give rise
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to a dispute, in order to determine whether the continuance of the
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dispute or situation is likely to endanger the maintenance of
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international peace and security.
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Article 35
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1. Any Member of the United Nations may bring any dispute, or
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any situation of the nature referred to in Article 34 to the
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attention of the Security Council or of the General Assembly.
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2. A state which is not a Member of the United Nations may
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bring to the attention of the Security Council or of the General
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Assembly any dispute to which it is a party if it accepts in
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advance, for the purposes of the dispute, the obligations of
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pacific settlement provided in the present Charter.
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3. The proceedings of the General Assembly in respect of
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matters brought to its attention under this Article will be subject
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to the provisions of Articles 11 and 12.
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Article 36
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1. The Security Council may, at any stage of a dispute of the
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nature referred to in Article 33 or of a situation of like nature,
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recommend appropriate procedures or methods of adjustment.
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2. The Security Council should take into consideration any
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procedure of the settlement of the dispute which have already been
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adopted by the parties.
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3. In making recommendations under this Article the Security
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Council should also take into consideration the legal disputes
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should as a general rule be referred by the parties to the
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International Court of Justice in accordance with the provisions of
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the Statute of the Court.
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Article 37
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1. Should the parties to a dispute of the nature referred to
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in Article 33 fail to settle it by the means indicated in that
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Article, they shall refer it to the Security Council.
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2. If the Security Council deems that the continuance of the
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dispute is in fact likely to endanger the maintenance of
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international peace and security, it shall decide whether to take
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action under Article 36 or to recommend such terms of settlement as
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it may consider appropriate.
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CHAPTER VII
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Action With Respect To Threats To The
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Peace, Breaches Of The Peace, And
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Acts Of Aggression
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Article 39
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The Security Council shall determine the existence of any
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threat to the peace, breach of the peace, or act of aggression and
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shall make recommendations, or decide what measures shall be taken
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in accordance with Article 41 and 42, to maintain or restore
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international peace and security.
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Article 40
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In order to prevent an aggravation of the situation, the
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Security Council may, before making the recommendations or deciding
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upon the measures provided for in Article 39, call upon the parties
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concerned to comply with such provisional measures as it deems
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necessary or desirable. Such provisional measures shall be without
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prejudice to the rights claims, or position of the parties
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concerned. The Security Council shall duly take account of failure
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to comply with such provisional measures.
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Article 41
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The Security Council may decide what measures not involving
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the use of armed force are to be employed to give effect to its
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decisions, and it may call upon the Members of the United Nations
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to apply such measures. These may include complete or partial
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interruption of economic relations and of rail, sea, air, postal,
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telegraphic, radio, and other means of communication, and the
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severance of diplomatic relations.
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Article 42
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Should the Security Council consider that measures provided
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for in Article 41 would be inadequate or have proved to be
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inadequate, it may take such action by air, sea, or land forces as
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may be necessary to maintain or restore international peace and
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security. Such action may include demonstrations, blockade, and
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other operations by air, sea, or land forces of Members of the
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United Nations.
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Article 43
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1. All Members of the United Nations, in order to contribute
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to the maintenance of international peace and security, undertake
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to make available to the Security Council, on its call and in
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accordance with a special agreement or agreements, armed forces,
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assistance, and facilities, including rights of passage, necessary
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for the purpose of maintaining international peace and security.
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2. Such agreement or agreements shall govern the numbers and
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types of forces, their degree of readiness and general location,
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and the nature of the facilities and assistance to be provided.
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3. The agreement or agreements shall be negotiated as soon as
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possible on the initiative of the Security Council. They shall be
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concluded between the Security Council and Members or between the
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Security Council and groups of Members and shall be subject to
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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 fulfillment of the obligations assumed under Article 43,
|
|
invite that Member, if the Member so desires, to participate in the
|
|
decisions of the Security Council concerning the employment of
|
|
contingents of that Member's armed forces.
|
|
|
|
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 subcommittees.
|
|
|
|
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-defense 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-defense shall be immediately reported to 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 settlements 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 Article
|
|
34 and 35.
|
|
|
|
Article 53
|
|
1. The Security Council shall, where appropriate, utilize
|
|
such regional arrangements or agencies of 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 states 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 certain of conditions of stability and
|
|
well-being are necessary for peaceful and friendly relations among
|
|
nations based on respect for the principle of equal rights and
|
|
self-determination of peoples, the United Nations shall promote:
|
|
(a) higher standards of living, full employment, and
|
|
conditions of economic and social progress and development;
|
|
(b) solutions of international economic, social, health, and
|
|
related problems; and international cultural and educational
|
|
cooperation; and
|
|
(c) universal respect for, and observance of, human rights
|
|
and fundamental freedoms for all without distinction as to race,
|
|
sex, language, or religion.
|
|
|
|
Article 56
|
|
All Members pledge themselves to take joint and separate
|
|
action in cooperation with the Organization for the achievement of
|
|
the purposes set forth in Article 55.
|
|
|
|
Article 57
|
|
1. The various specialized agencies, established by
|
|
intergovernmental agreement and having wide international
|
|
responsibilities, as defined in their basic instruments, in
|
|
economic, social, cultural, educational, health, and related
|
|
fields, shall be brought into relationship with the United Nations
|
|
in accordance with the provisions of Article 63.
|
|
2. Such agencies thus brought into relationship for the
|
|
coordination of the policies and activities of the specialized
|
|
agencies.
|
|
|
|
Article 58
|
|
The Organization shall make recommendations for the
|
|
coordination of the policies and activities of the specialized
|
|
agencies.
|
|
|
|
Article 59
|
|
The Organization shall, where appropriate, initiate
|
|
negotiations among the states concerned for the creation of any new
|
|
specialized agencies required for the accomplishment of the
|
|
purposes set forth in Article 55.
|
|
|
|
Article 60
|
|
Responsibility for the discharge of the functions of the
|
|
Organization set forth in this Chapter shall be vested in the
|
|
General Assembly and, under the authority of the General Assembly,
|
|
in the Economic and Social Council, which shall have for this
|
|
purpose the powers set forth in Chapter X.
|
|
|
|
CHAPTER X
|
|
|
|
Economic And Social Council
|
|
Composition
|
|
|
|
Article 61
|
|
1. The Economic and Social Council shall consist of eighteen
|
|
Members of the United Nations elected by the General Assembly.
|
|
2. Subject to the provisions of paragraph 3, six 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 reelection.
|
|
3. At the first election, eighteen members of the Economic
|
|
and Social Council shall be chosen. The term of office of six
|
|
members so chosen shall expire at the end of one year, and of six
|
|
other members at the end of two years, in accordance with
|
|
arrangements made by the General Assembly.
|
|
4. Each member of the Economic and Social Council shall have
|
|
one representative.
|
|
|
|
Functions And Powers
|
|
Article 62
|
|
1. The Economic and Social Council may make or initiate
|
|
studies and reports with respect to international economic, social,
|
|
cultural, educational, health, and related matters and may make
|
|
recommendations with respect to any such matters to the General
|
|
Assembly, to the Members of the United Nations, and to the
|
|
specialized agencies concerned.
|
|
2. It may make recommendations for the purpose of promoting
|
|
respect for, and observance of, human rights and fundamental
|
|
freedoms for all.
|
|
3. It may prepare draft conventions for submission to the
|
|
General Assembly, with respect to matters falling within its
|
|
competence.
|
|
4. It may call, in accordance with the rules prescribed by
|
|
the United Nations, international conferences on matters falling
|
|
within its competence.
|
|
|
|
Article 63
|
|
1. The Economic and Social Council may enter into agreements
|
|
with any of the agencies referred to in Article 57, defining the
|
|
terms on which the agency concerned shall be brought into
|
|
relationship with the United Nations. Such agreements shall be
|
|
subject to approval by the General Assembly.
|
|
2. It may coordinate the activities of the specialized
|
|
agencies through consultation with and recommendations to such
|
|
agencies and through recommendations to the General Assembly and to
|
|
the Members of the United Nations.
|
|
|
|
Article 64
|
|
1. The Economic and Social Council may take appropriate steps
|
|
to obtain regular reports from the specialized agencies. It may
|
|
make arrangements with the Members of the United Nations and with
|
|
the specialized agencies to obtain reports on the steps taken to
|
|
give effect to its own recommendations and to recommendations on
|
|
matters falling with 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 Members of
|
|
the United Nations to participate, without vote, in its
|
|
deliberations on any matter of particular concern to that Member.
|
|
|
|
Article 70
|
|
The Economic and Social Council may make arrangements for
|
|
representatives of the specialized agencies to participate, without
|
|
vote, in its deliberations and in those of the commissions
|
|
established by it, and for its representatives to participate in
|
|
the deliberations of the specialized agencies.
|
|
|
|
Article 71
|
|
The Economic and Social Council may make suitable arrangements
|
|
for consultation with non-governmental organizations which are
|
|
concerned with matters within its competence. Such arrangements
|
|
may be made with international organizations and, where
|
|
appropriate, with national organizations after consultation with
|
|
the Member of the United Nations concerned.
|
|
|
|
Article 72
|
|
1. The Economic and Social Council shall adopt its own rules
|
|
of procedure, including the method of selecting its President.
|
|
2. The Economic and Social Council shall meet as required in
|
|
accordance with its rules, which shall include provision for the
|
|
convening of meetings on the request of a majority of its members.
|
|
|
|
CHAPTER XI
|
|
|
|
Declaration Regarding Non-Self-
|
|
Governing Territories
|
|
|
|
Article 73
|
|
Members of the United Nations which have or assume
|
|
responsibilities for the administration of territories whose
|
|
peoples have not yet attained a full measure of self-government
|
|
recognize the principle that the interests of the inhabitants of
|
|
these territories are paramount, and accept as a sacred trust the
|
|
obligation to promote to the utmost, within the system of
|
|
international peace and security established by the present
|
|
Charter, the well-being of the inhabitants of these territories,
|
|
and, to this end:
|
|
(a) to 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 cooperate with one another and, when and
|
|
where appropriate, with specialized international bodies with a
|
|
view to the practical achievement of the social, economic, and
|
|
scientific purposes set forth in this Article; and
|
|
(e) to transmit regularly to the Secretary-General for
|
|
information purposes, subject to such limitation as security and
|
|
constitutional considerations may require, statistical and other
|
|
information of a technical nature relating to economic, social, and
|
|
educational conditions in the territories for which they are
|
|
respectively responsible other than those territories to which
|
|
Chapters XII and XIII apply.
|
|
|
|
Article 74
|
|
Members of the United Nations also agree that their policy in
|
|
respect of the territories to which this Chapter applies, no less
|
|
than in respect of their metropolitan areas, must be based on the
|
|
general principle of good-neighborliness, due account being taken
|
|
of the interests 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 there-under by
|
|
subsequent individual agreements. These territories are
|
|
hereinafter referred to as trust territories.
|
|
|
|
Article 76
|
|
The basic objectives of the trusteeship system, in accordance
|
|
with the Purposes of the United Nations laid down in Article 1 of
|
|
the present Charter, shall be:
|
|
(a) to further international peace and security;
|
|
(b) to promote the political, economic, social, and
|
|
educational advancement of the inhabitants of the trust
|
|
territories, and their progressive development towards
|
|
self-government or independence as may be appropriate to the
|
|
particular circumstances of each territory and its peoples and the
|
|
freely expressed wishes of the peoples concerned, and as may be
|
|
provided by the terms of each trusteeship agreement;
|
|
(c) to encourage respect for human rights and for fundamental
|
|
freedoms for all without distinction as to race, sex, language, or
|
|
religion, and to encourage recognition of the interdependence of
|
|
the peoples of the world; and
|
|
(d) to ensure equal treatment in social, economic, and
|
|
commercial matters for all Members of the United Nations and their
|
|
nationals, and also equal treatment for the latter in the
|
|
administration of justice, without prejudice to the attainment of
|
|
the foregoing objectives and subject to the provisions of Article
|
|
80.
|
|
|
|
Article 77
|
|
1. The trusteeship system shall apply to such territories in
|
|
the following categories as may be placed thereunder by means of
|
|
trusteeship agreements:
|
|
(a) territories now held under mandate;
|
|
(b) territories which may be detached from enemy states as a
|
|
result of the Second World War; and
|
|
(c) territories voluntarily placed under the system by states
|
|
responsible for their administration.
|
|
2. It will be a matter for subsequent agreement as to which
|
|
territories in the foregoing categories will be brought under the
|
|
trusteeship system and upon what terms.
|
|
|
|
Article 78
|
|
The trusteeship system shall not apply to territories which
|
|
have become Members of the United Nations, relationship among which
|
|
shall be based on respect for the principle of sovereign equality.
|
|
|
|
Article 79
|
|
The terms of trusteeship for each territory to be placed under
|
|
the trusteeship system, including any alteration or amendment,
|
|
shall be agreed upon by the states directly concerned, including
|
|
the mandatory power in the case of territories held under mandate
|
|
by a Member of the United Nations, and shall be approved as
|
|
provided for in Articles 83 and 85.
|
|
|
|
Article 80
|
|
1. Except as may be agreed upon in individual trusteeship
|
|
agreements, made under Articles 77, 79, and 81, placing each
|
|
territory under the trusteeship systems, 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
|
|
by 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 administrations 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 defense and the
|
|
maintenance of law and order within the trust territory.
|
|
|
|
Article 85
|
|
1. The functions of the United Nations with regard to
|
|
trusteeship agreements for all areas not designated as strategic,
|
|
including the approval of the terms of the trusteeship agreements
|
|
and of their alteration or amendment, shall be exercised by the
|
|
General Assembly.
|
|
2. The Trusteeship Council, operating under the authority of
|
|
the General Assembly, shall assist the General Assembly in carrying
|
|
out these functions.
|
|
|
|
CHAPTER XIII
|
|
|
|
The Trusteeship Council Composition
|
|
|
|
Article 86
|
|
1. The Trusteeship Council shall consist of the following
|
|
Members of the United Nations:
|
|
(a) those Members administering trust territories;
|
|
(b) such of these Members mentioned by name in Article 23 as
|
|
are not administering trust territories; and
|
|
(c) as many other Members elected for three-year terms by the
|
|
General Assembly as may be necessary to ensure that the total
|
|
number of members of the Trusteeship Council is equally divided
|
|
between those Members of the United Nations which administer trust
|
|
territories and those which do not.
|
|
2. Each member of the Trusteeship Council shall designate one
|
|
specially qualified person to represent it therein.
|
|
|
|
Functions And Powers
|
|
Article 87
|
|
The General Assembly and, under its authority, the Trusteeship
|
|
Council, in carrying out their functions, may:
|
|
(a) consider reports submitted by the administering
|
|
authority:
|
|
(b) accept petitions and examine them in consultation with
|
|
the administering authority;
|
|
(c) provide for periodic visits to the respective trust
|
|
territories at times agreed upon 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.
|
|
|
|
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 condition 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 recommendations 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 of 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 Security-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 fulfillment of its purposes.
|
|
|
|
Article 105
|
|
1. The Organization shall enjoy in the territory of each of
|
|
its Members such privileges and immunities as are necessary for the
|
|
fulfillment of its purposes.
|
|
2. Representatives of the Members of the United Nations and
|
|
officials of the Organization shall similarly enjoy such privileges
|
|
and immunities as are necessary for the independent exercise of
|
|
their functions in connection with the Organization.
|
|
3. The General Assembly may make recommendations with a view
|
|
to determining the details of the application of paragraphs 1 and
|
|
2 of this Article or may propose conventions to the Members of the
|
|
United Nations for this purpose.
|
|
|
|
CHAPTER XVII
|
|
|
|
Transitional Security Arrangements
|
|
Article 106
|
|
Pending the coming into force of such special agreements
|
|
referred to in Article 43 as in the opinion of the Security Council
|
|
enable it to begin the exercise of its responsibilities under
|
|
Article 42, the parties to the Four-Nation Declaration, signed at
|
|
Moscow, October 30, 1943, and France, shall, in accordance with the
|
|
provisions of paragraph 5 of that Declaration, consult with one
|
|
another and, as occasion requires with other Members of the United
|
|
Nations with a view to such joint action on behalf of the
|
|
Organization as may be necessary for the purpose of maintaining
|
|
international peace and security.
|
|
|
|
Article 107
|
|
Nothing in the present Charter shall invalidate or preclude
|
|
action, in relation to any state which during the Second World War
|
|
has been an enemy of any signatory to the present Charter, taken or
|
|
authorized as a result of that war by the Governments having
|
|
responsibility for such action.
|
|
|
|
CHAPTER XVIII
|
|
|
|
Amendments
|
|
|
|
Article 108
|
|
Amendments to the present Charter shall come into force for
|
|
all Members of the United Nations when they have been 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 any seven
|
|
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 Governments of the other signatory
|
|
states.
|
|
IN FAITH WHEREOF the representatives of the Government 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.
|
|
|
|
*********************************************************
|
|
|
|
This document was provided by David Scott of Port Arthur, TX
|
|
* Origin: BackStage PRN/Texas (176:200/9)
|
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