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to declare that they recognize as compulsory the jurisdiction of the Court in all legal disputes.
In addition, the following amendments, among others, are worth consideration in reviewing the Charter and the Statutes of the International Court of Justice:
(a) There should be a provision for referring automatically to the International Court of Justice for judicial settlement the justiciable legal elements of any dispute which has proved intractable under a revised Article 33 on Peaceful Settlement.
(6) Broader provisions for the use of the Court for advisory opinions are necessary. At present the Security Council, the General Assembly, and any United Nations organ or agency so authorized by the Assembly may request an opinion. In addition, regional organizations, individual States, and the Secretary-General should have such rights before the Court.
(C) The United Nations as a legal entity should also have authorization to bring cases before the Court.
(d) There should be provisions to establish international regional Courts under the supervision of the International Court of Justice, and for the right of litigants to appeal from a regional court to the International Court of Justice.
4. Human Rights.-At the present time the United Nations deals with most human rights matters at as many as five different stages : in a sub-committee or ad hoc committee or by a special rapporteur, then in the Commission on Human Rights, in ECOSOC, next in the Third Committee, and finally in the Plenary of the General Assembly. The United Nations should create a new Human Rights Council to integrate these steps and to report directly to the General Assembly. Such a Council would be on the level of the Economic and Social Council, and would relieve ECOSOC of its human rights responsibilities, thus freeing it to concentrate on economic and social developments.
It is desirable that the United Nations should implement the proposal for creating a new post of High Commissioner for Human Rights. The establishment of a World Court of Human Rights to supplement existing and planned regional Courts of Human Rights deserves study. Such a World Court of Human Rights would have responsibilities analogous to the European Court of Human Rights.
5. Strengthening the ECOSOC.—The United Nations Economic and Social Council needs the means to fulfill the functions for which it is responsible. Moreover, the authorization in the Charter for ECOSOC to “co-ordinate the activities of the Specialized Agencies through consultation” is inadequate. We may well expect that the present enlarged membership of ECOSOC will strengthen its ability to make broadly based decisions of policy. It is important that ECOSOC reflect the kind of concerns about the terms of trade, commodity price levels and related matters which are central interests of the United Nations Conference on Trade and Development.
For truly effective co-ordination of the economic and social work of the United Nations system, ECOSOC should have the authority to review all questions relating to economic and social matters before their submission to the General Assembly and to pass on the policies, plans and budgets of the concerned Specialized Agencies before their adoption by those bodies. Authority well beyond that specified in the Charter is necessary to enable the Economic and Social Council to carry out its job effectively.
II. PROPOSALS FOR WHICH CHARTER CHANGE IS DESIRABLE
6. Peacekeeping.–The Charter has spelled out the procedure for taking enforcement action against aggressors in Chapter VII. These provisions should, of course, be implemented. In addition, however, the framers of the Charter did not adequately foresee the evolution of international peacekeeping by interposition in order to arrest conflict and prevent violence without prejudice to the matter at issue. Consequently a new paragraph under Article 40 is desirable to spell out the generally agreed principles of observation and of peacekeeping by interposition. A draft of this new section should include points such as the following:
(a) The Security Council may, whenver it deems it necessary to prevent aggravation of a situation, establish United Nations Peace Observation Teams, and a United Nations Interposition Force to arrest or prevent violence, and to permit peaceful settlement as delineated in Chapter VI.
(6) The establishment, deployment and maintenance of such teams and forces would be in accordance with agreed guidelines to be annexed when developed.
(c) All Member Nations able and desiring to participate shall designate especially trained and instantly-ready observer personnel and armed contingents or equivalent support for the United Nations Observer Teams and Interposition Forces.
(d) The Security Council may at any time decide to authorize direct United Nations recruitment and training of such personnel, initially for a United Nations “fire brigade” force of not more than two thousand in number.
(e) All States shall accept United Nations Peace Observation Teams at any trouble spot and on both sides of contested areas or borders when required by the Security Council, the General Assembly or the Secretary General.
(f) United Nations peacekeeping operations by interposition need not, if international security requires, be confined to "consent type” missions in which states in potential or actual armed conflict assent to their use.
(9) Removal or recall of UNIForce contingents shall require a decision of the Security Council.
(h) The regular budget of the United Nations shall provide for financing of United Nations observer teams and UNIForce contingents together with a special Peacekeeping Fund held in reserve to assure rapid response in the event of threats to the peace.
(i) If the Security Council, which under the Charter has primary responsibility for maintenance of international peace and security, fails to act in establishing an observer team or an Interposition Force in any crisis situation, the General Assembly shall have the authority to act.
In order to assure a nucleus of individuals trained in control of violence, in arbitration and mediation, and to provide personnel specializing in the solution of problems of conflict the United Nations should establish, as one division of the United Nations University, an Academy for peacekeeping and related matters.
7. Security Council Membership.—The composition of the Security Council should reflect the realities of power and responsibility in the United Nations balancing the representation of all Member Nations in the General Assembly. Regarding the election of non-Permanent Members, the Charter says, “due regard is to be given to the contribution of Members to the maintenance of international peace and security and to the other purposes of the Organization." This principle could be applied informally by the more frequent election of those States most able to contribute to the purposes of the Organization. To facilitate this, the prohibition of the Charter against immediate re-election should be removed. However, such informal arrangements as these might well prove insufficient.
Among possible means for such purposes would be the creation, formally or informally, of a new class of semi-permanent Members by adding a seat for each world region which the nations of such a region most able to contribute to the purposes of the United Nations would occupy in rotation or according to the wishes of the regional group. In order that Council membership may better reflect world realities, a provision of this nature might explicitly change one-half of the existing non-Permanent seats to semi-permanent seats, or might add new semi-permanent seats and thus modestly enlarge the membership of the Council to 21. Either of these means would enable the creation of semi-permanent seats for each world region. Such a step would require amendment of Article 23 of the Charter.
8. Security Council Voting.—The Charter Provision that action in substantive matters shall require the affirmative votes of all the Permanent Members should be changed or modified, while still recognizing that primary responsibility for peace and security rests with the Permanent Members. The unanimity rule has, in fact, already undergone modification in that the Security Council no longer regards the abstention or "non-participation" of a Permanent Member as a “veto". Simply to bring the Charter into line with this practice requires a change of the language prescribing that decisions on substantive matters shall require the affirmative votes of nine Members provided that no Permanent Member costs a negative vote.
A further step forward would be to limit the use of the veto, for instance by provision for special majorities in certain situations, except in matters involving enforcement action by the United Nations. This could take place initially by a voluntary agreement for a specified number of years, after which the principle could become a part of the Charter. Experience indicates the desirability of retaining the unanimity requirement for enforcement action as envisaged under Articles 42–54. However, unanimity of the Permanent Members should not be a requirement for peacekeeping by interposition, nor for any Security Council resolution other than on enforcement. The “veto" should not be extended to any new Members, permanent or otherwise; or, in any case, there should be no increase in the present number of vetoes.
Recent reforms of the procedures of the General Assembly offer an example for possible improvements of the practices of the Security Council. Among such possibilities are meetings of the Council to review implementation of its resolutions, including periodic meetings at the ministerial level implementing the provision of Article 28, Paragraph 2 of the present Charter for this purpose; the creation of an Executive Committee for day-to-day observation of world events; and the establishment of subsidiary organs for investigation, for fact-finding in disputes, and for purposes of inquiry, good offices, conciliation and mediation.
9. General Assembly Voting and Representation.—The one-nation-one-vote principle in the General Assembly needs re-examination in the course of any major review of the structure of the United Nations. Several proposals are available which could bring General Assembly representation and voting more into line with world political reality and with the principles of democracy and justice.
10. United Nations Finance.—United Nations revenue is grossly inadequate for the tasks at hand, and is a tragically small sum compared to the more than 200 billion dollars which the world's nations spend annually on arms.
To supplement contributions from Member States it will be useful to investigate other sources of revenue. Such sources might include revenues from the exploitation of the sea-bed and a limited tax or license fee in relation to space communications and other commercial uses of outer space.
The idea is worth consideration that the United Nations should have the power to offer certain types of services to international corporations, and to grant them charters, and to impose limited taxes.
A special United Nations fund should exist in each country to enable individuals, corporations and foundations to contribute to humanitarian and educational activities of the United Nations.
11. An International Disarmament Agency.—The United Nations has long recognized that the thorough implementation of General and Complete Disarmament will require the establishment of an International Disarmament Organization. Both the United States and the Union of Soviet Socialist Republics draft treaties for General and Complete Disarmament make provision for an International Disarmament Organization. Any review of the United Nations structure should examine the character of such an International Disarmament Organization and its relationship with the other organs of the United Nations. Since disarmament is a Charter obligation, we believe that all disarmament negotiations should take place under the auspices of the United Nations.
III. PROPOSALS NOT REQUIRING CHARTER CHANGE
12. The United Nations Development Program.—The strengthening and expansion of the United Nations Development Program as a result of recent studies is welcome. The enhanced potentiaal of UNDP an as agent for economic and social development programs should be an encouragement for industrially developed States to channel larger contributions and a greater proportion of their economic assistance through UNDP. The important advantages of multilateral as opposed to bilateral aid have become more apparent both to donors and to recipients. In connection with achievement of the goals of the Second Development Decade, States should substantially increase their contributions to the UNDP.
13. A World Environmental Agency.—The United Nations Environment Program should eventually become a global authority with the responsibility for dealing effectively with the problems of the environment, and in particular should become the co-ordinating and expediting body for international standards and guidelines for control of the contamination of the environment.
14. An Ocean Space Regime.-For the protection of the environment, the marine food chain, rights of navigation, the rational exploration and exploitation of the sea-bed, and peaceful relations between all users of the world's waters, the United Nations should establish a Regime to control the use of the sea-bed and the waters beyond the limits of national jurisdiction both as regards their
mineral and living resources. The maximum possible area of the sea-bed should be reserved to international jurisdiction.
The United Nations should ensure the development and protection of the oceans as the common heritage of mankind. A substantial portion of the revenues from the exploitation of the resources of the sea-bed should accrue to budgetary and economic development needs of the United Nations. For these purposes it is necessary to specify a form of organization with effective jurisdiction, and to specify its relationship to the other organs of the United Nations system.
15. Relief in International Disasters.—In order to supplement and strengthen the action of the United Nations establishing the post of Disaster Relief Coordinator, and in order to provide a prompt international response in situations arising from catastrophes both natural and man-caused, we proposed setting up under the auspices of the United Nations a Disaster Relief Agency, equipped with materiel and personnel means necessary for rapid and efficient intervention in disaster situations, and for the purpose of co-ordinating the efforts of relevant United Nations agencies, national governments and voluntary groups.
STATEMENT OF WOMEN'S LEAGUE OF CONSERVATIVE JUDAISM
The United Nations has now grown to 138 countries. Lacking sovereign power, it can only accomplish what these member nations are willing to support. Women's League for Conservative Judaism realizes that the survival of this international organization for thirty years is no mean achievement. We believe that, as an essential element in the structure of a peaceful world, the United Nations is greatly in need of improvement. We believe that the active participation of the United States in the U.N. can help achieve this. We believe that the United States can improve its image and its influence in the U.N. if our government, the prime mover of the original resolution, would endorse the Genocide Convention—a convention based on principles of human dignity.
There is a constituency for the United Nations in the United States, to support the following U.N. programs, all of which our organization of 200,000 women endorses.
Women's League for Conservative Judaism urges our government to work together with the United Nations to control those aspects of the environment which cannot be regulated by private or national action. It is only through international cooperation that the objectives of the Stockholm Conference can become a reality.
RESOURCES OF THE SEA AND USE OF SEA BEDS
Women's League for Conservative Judaism urges our government to cooperate with the U.N. measures seeking to :
1. Prevent any state from further extending its territorial jurisdiction in the sea, or laying claim to mineral resources on the bed of the sea beyond such jurisdiction.
2. Forbid the use of the floor of the seas for nuclear armaments.
Women's League for Conservative Judaism urges our government to utilizė the influence of the United Nations over its member nations to cooperate in stopping the production of heroin and other drugs at their source. We also urge our government to give added support to the U.N. Commission for Narcotic Drugs, which has been charged with the control of narcotic drugs and the elimination of narcotic-yielding crops at the source.
Women's League for Conservative Judaism condemns the policy of Apartheid and urges our government to observe the sanctions of the United Nations designed to end Apartheid in South Africa, and to observe the United Nations Security sanctions against Rhodesia.
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Women's League for Conservative Judaism urges the continued support, wholeheartedly, of UNICEF's life-giving and essential programs and projects to care for the homeless, to combat disease, to banish illiteracy and to furnish the means whereby the world's children may be aided to grow up in a happier and peaceful world.
FOOD AND POPULATION
Women's League for Conservative Judaism calls upon and urges all governments in the United Nations to work together on realistic measures to expand production and distribution of food, and to support sound population policies.
ALEXANDRIA, VA., May 9, 1975. Senator JOHN SPARKMAN, Chairman, Foreign Relations Committee, New Senate Office Building, Wash
ington, D.C. DEAR SENATOR SPARKMAN: Would you be kind enough to include the enclosed article, “What's Wrong With the United Nations”, in the published record of the hearings that the Committee is currently conducting on the United Nations? Thank you very much. Sincerely yours,