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1 From the Report by the President to the Congress, for the year 1948, p. 281.

December 31, 1948

29. PROCLAMATION OF UNITED NATIONS CHARTER AND STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, BY PRESIDENT TRUMAN, OCTOBER 31, 19451

WHEREAS the Charter of the United Nations, with the Statute of the International Court of Justice annexed thereto, was formulated at the United Nations Conference on International Organization and was signed in San Francisco on June 26, 1945 by the Plenipotentiaries of the United States of America and the respective Plenipotentiaries of forty-nine other Governments, and was signed in Washington on October 15, 1945 by the Plenipotentiary of one other Government, the original of which Charter, with annexed Statute, in the Chinese, French, Russian, English, and Spanish languages, as certified by the Department of State of the United States of America, is word for word as follows:

[Charter and statute printed above.]

AND WHEREAS the Senate of the United States of America by their Resolution of July 28 (legislative day of July 9), 1945, two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the said Charter, with annexed Statute;

AND WHEREAS the said Charter, with annexed Statute, was duly ratified by the President of the United States of America on August 8, 1945, in pursuance of the aforesaid advice and consent of the Senate;

AND WHEREAS it is provided by paragraph 3 of Article 110 of the said Charter that the 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, and that a protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America;

AND WHEREAS the Secretary of State of the United States of America signed on October 24, 1945 a protocol of deposit of ratifications of the Charter of the United Nations stating that the requirements of the said paragraph 3 of Article 110 with respect to the coming into force of the said Charter have been fulfilled by the deposit of instruments of ratification of the said Charter by the following states: the Republic of China on September 28, 1945,

France on August 31, 1945,

the Union of Soviet Socialist Republics on October 24, 1945,
the United Kingdom of Great Britain and Northern Ireland on
October 20, 1945, and

the United States of America on August 8, 1945;

and by

Argentina on September 24, 1945,

Brazil on September 21, 1945,

the Byelorussian Soviet Socialist Republic on October 24, 1945,

Chile on October 11, 1945,

Cuba on October 15, 1945,

Czechoslovakia on October 19, 1945,

Denmark on October 9, 1945,

the Dominican Republic on September 4, 1945,

Egypt on October 22, 1945,

1 Department of State Treaty Series 993.

El Salvador on September 26, 1945,

Haiti on September 27, 1945,
Iran on October 16, 1945,
Lebanon on October 15, 1945,
Luxembourg on October 17, 1945,
New Zealand on September 19, 1945,
Nicaragua on September 6, 1945,
Paraguay on October 12, 1945,

the Philippine Commonwealth on October 11, 1945,
Poland on October 24, 1945,

Saudi Arabia on October 18, 1945,

Syria on October 19, 1945,

Turkey on September 28, 1945,

the Ukrainian Soviet Socialist Republic on October 24, 1945, and Yugoslavia on October 19, 1945;

Now, THEREFORE, be it known that I, Harry S. Truman, President of the United States of America, do hereby proclaim and make public the said Charter of the United Nations, with the Statute of the International Court of Justice annexed thereto, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith, on and from the twenty-fourth day of October, one thousand nine hundred forty-five, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this thirty-first day of October in the year of our Lord one thousand nine hundred forty-five [SEAL] and of the Independence of the United States of America the one hundred seventieth.

By the President:

JAMES F BYRNES,

Secretary of State

HARRY S TRUMAN

30. ACCEPTANCE OF COMPULSORY JURISDICTION OF INTERNATIONAL COURT OF JUSTICE, AUGUST 2, 19461

Senate Resolution 196-Seventy-ninth Congress

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the deposit by the President of the United States with the Secretary-General of the United Nations, of a declaration under paragraph 2 of article 36 of the Statute of the International Court of Justice recognizing as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice in all legal disputes hereafter arising concerning

a. the interpretation of a treaty;

b. any question of international law;

c. the existence of any fact which, if established, would constitute a breach of an international obligation;

1 S. Res. 196, 79th Cong., 2d sess., August 2, 1946.

d. the nature or extent of the reparation to be made for the breach of an international obligation.

Provided, That such declaration shall not apply to

a. disputes the solution of which the parties shall entrust to other tribunals by virtue of agreements already in existence or which may be concluded in the future;

b. disputes with regard to matters which are essentially within the domestic jurisdiction of the United States as determined by the United States; or

c. disputes arising under a multilateral treaty, unless (1) all parties to the treaty affected by the decision are also parties to the case before the Court, or (2) the United States specially agrees to jurisdiction.

Provided further, That such declaration shall remain in force for a period of five years and thereafter until the expiration of six months after notice may be given to terminate the declaration.

31. UNITED NATIONS PARTICIPATION ACT, DECEMBER 20, 1945 1

1

AN ACT To provide for the appointment of representatives of the United States in the organs and agencies of the United Nations, and to make other provision with respect to the participation of the United States in such organization

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "United Nations Participation Act of 1945".

SEC. 2. (a) The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States at the seat of the United Nations who shall have the rank and status of envoy_extraordinary and ambassador plenipotentiary, shall receive annual compensation of $20,000, and shall hold office at the pleasure of the President. Such representative shall represent the United States in the Security Council of the United Nations and shall perform such other functions in connection with the participation of the United States in the United Nations as the President may from time to time direct.

(b) The President, by and with the advice and consent of the Senate, shall appoint a deputy representative of the United States to the Security Council who shall have the rank and status of envoy extraordinary and minister plenipotentiary, shall receive annual compensation of $12,000, and shall hold office at the pleasure of the President. Such deputy representative shall represent the United States in the Security Council of the United Nations in the event of the absence or disability of the representative.

(c) The President, by and with the advice and consent of the Senate, shall designate from time to time to attend a specified session or specified sessions of the General Assembly of the United Nations not to exceed five representatives of the United States and such number of alternates as he may determine consistent with the rules of procedure of the General Assembly. One of the representatives shall 1 Public Law 264, 79th Cong., 1st sess., S. 1580.

be designated as the senior representative. Such representatives and alternates shall each be entitled to receive compensation at the rate of $12,000 per annum for such period as the President may specify, except that no member of the Senate or House of Representatives or officer of the United States who is designated under this subsection as a representative of the United States or as an alternate to attend any specified session or specified sessions of the General Assembly shall be entitled to receive such compensation.

(d) The President may also appoint from time to time such other persons as he may deem necessary to represent the United States in the organs and agencies of the United Nations at such salaries, not to exceed $12,000 each per annum, as he shall determine, but the representative of the United States in the Economic and Social Council and in the Trusteeship Council of the United Nations shall be appointed only by and with the advice and consent of the Senate, except that the President may, without the advice and consent of the Senate, designate any officer of the United States to act, without additional compensation, as the representative of the United States in either such Council (A) at any specified meeting thereof in the absence or disability of the regular representative, or (B) in connection with a specified subject matter at any specified meeting of either such Council in lieu of the regular representative. The advice and consent of the Senate shall also be required for the appointment by the President of the representative of the United States in any commission that may be formed by the United Nations with respect to atomic energy or in any other commission of the United Nations to which the United States is entitled to appoint a representative.

(e) Nothing contained in this section shall preclude the President or the Secretary of State, at the direction of the President, from representing the United States at any meeting or session of any organ or agency of the United Nations.

SEC. 3. The representatives provided for in section 2 hereof, when representing the United States in the respective organs and agencies of the United Nations, shall, at all times, act in accordance with the instructions of the President transmitted by the Secretary of State unless other means of transmission is directed by the President, and such representatives shall, in accordance with such instructions, cast any and all votes under the Charter of the United Nations.

SEC. 4. The President shall, from time to time as occasion may require, but not less than once each year, make reports to the Congress of the activities of the United Nations and of the participation of the United States therein. He shall make special current reports on decisions of the Security Council to take enforcement measures under the provisions of the Charter of the United Nations, and on the participation therein under his instructions, of the representative of the United States.

SEC. 5. (a) Notwithstanding the provisions of any other law, whenever the United States is called upon by the Security Council to apply measures which said Council has decided, pursuant to article 41 of said Charter, are to be employed to give effect to its decisions under said Charter, the President may, to the extent necessary to apply such measures, through any agency which he may designate, and under such orders, rules, and regulations as may be prescribed by him, investigate, regulate, or prohibit, in whole or in part, economic relations or rail, sea, air, postal, telegraphic, radio, and other means

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