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the Court, or fails to defend his case, the other party may
call upon the Court to decide in favor of its claim. 1. The procedure shall consist of two parts: written and oral.
2. The Court must, before doing so, satisfy itself, not 2. The written proceedings shall consist of the com
only that it has jurisdiction in accordance with Articles
36 and 37, but also that the claim is well founded in fact munication to the Court and to the parties of memorials,
and law. counter-memorials and, if necessary, replies; also all papers and documents in support.
Article 54 3. These communications shall be made through the
1. When, subject to the control of the Court, the agents, Registrar, in the order and within the time fixed by the
counsel, and advocates have completed their presentation Court.
of the case, the President shall declare the hearing closed. 4. A certified copy of every document produced by one
2. The Court shall withdraw to consider the judgment. party shall be communicated to the other party.
3. The deliberations of the Court shall take place in 5. The oral proceedings shall consist of the hearing by
private and remain secret.
1. All questions shall be decided by a majority of the
judges present. 1. For the service of all notices upon persons other than
2. In the event of an equality of votes, the President the agents, counsel and advocates, the Court shall apply
or the judge who acts in his place shall have a casting direct to the government of the state upon whose terri
vote, tory the notice has to be served.
Article 56 2. The same provision shall apply whenever steps are to be taken to procure evidence on the spot.
1. The judgment shall state the reasons on which it is
based. Article 45
2. It shall contain the names of the judges who have The hearing shall be under the control of the President taken part in the decision. or, if he is unable to preside, of the Vice-President; if neither is able to preside, the senior judge present shall
Article 57 preside.
If the judgment does not represent in whole or in part Article 46
the unanimous opinion of the judges, any judge shall be
entitled to deliver a separate opinion. The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that
Article 58 the public be not admitted.
The judgment shall be signed by the President and by Article 47
the Registrar. It shall be read in open Court, due notice
having been given to the agents. 1. Minutes shall be made at each hearing and signed by the Registrar and the President.
Article 59 2. These minutes alone shall be authentic.
The decision of the Court has no binding force except
between the parties and in respect of that particular case. Article 48 The Court shall make orders for the conduct of the
Article 60 case, shall decide the form and time in which each party The judgment is final and without appeal. In the event must conclude its arguments, and make all arrangements of dispute as to the meaning or scope of the judgment, the connected with the taking of evidence.
Court shall construe it upon the request of any party. Article 49
Article 61 The Court may, even before the hearing begins, call 1. An application for revision of a judgment may be upon the agents to produce any document or to supply made only when it is based upon the discovery of some any explanations. Formal note shall be taken of any re- fact of such a nature as to be a decisive factor, which fact fusal.
was, when the judgment was given, unknown to the Court Article 50
and also to the party claiming revision, always provided
that such ignorance was not due to negligence. The Court may, at any time, entrust any individual, 2. The proceedings for revision shall be opened by a body, bureau, commission, or other organization that it judgment of the Court expressly recording the existence may select, with the task of carrying out an inquiry or of the new fact, recognizing that it has such a character as giving an expert opinion.
to lay the case open to revision, and declaring the appli
cation admissible on this ground. Article 51
3. The Court may require previous compliance with the During the hearing any relevant questions are to be put terms of the judgment before it admits proceedings in reto the witnesses and experts under the conditions laid vision. down by the Court in the rules of procedure referred to in 4. The application for revision must be made at latest Article 30.
within six months of the discovery of the new fact.
5. No application for revision may be made after the Article 52
lapse of ten years from the date of the judgment. After the Court has received the proofs and evidence within the time specified for the purpose, it may refuse to
Article 62 accept any further oral or written evidence that one party 1. Should a state consider that it has an interest of a may desire to present unless the other side consents.
legal nature which may be affected by the decision in the
case, it may submit a request to the Court to be permitted Article 53
to intervene. 1. Whenever one of the parties does not appear before 2. It shall be for the Court to decide upon this request.
the proceedings; but if it uses this right, the construction 1. Whenever the construction of a convention to which given by the judgment will be equally binding upon it. states other than those concerned in the case are parties
Article 64 is in question, the Registrar shall notify all such states forthwith.
Unless otherwise decided by the Court, each party shall 2. Every state so notified has the right to intervene in bear its own costs.
1. The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.
2. Questions upon which the advisory opinion of the Court is asked shall be laid before the Court by means of a written request containing an exact statement of the question upon which an opinion is required, and accompanied by all documents likely to throw light upon the question.
Article 66 1. The Registrar shall forthwith give notice of the request for an advisory opinion to all states entitled to appear before the Court.
2. The Registrar shall also, by means of a special and direct communication, notify any state entitled to appear before the Court or international organization considered by the Court (or, should it not be sitting, by the President) as likely to be able to furnish information on the question, that the Court will be prepared to receive, within a time limit to be fixed by the President, written statements, or to hear, at a public sitting to be held for the purpose, oral statements relating to the question.
3. Should any such state entitled to appear before the Court have failed to receive the special communication referred to in paragraph 2 of this Article, such state may express a desire to submit a written statement or to be heard; and the Court will decide.
4. States and organizations having presented written or oral statements or both shall be permitted to comment on the statements made by other states or organizations in the form, to the extent, and within the time limits which the Court, or, should it not be sitting, the President, shall decide in each particular case. Accordingly, the Registrar shall in due time communicate any such written statements to states and organizations having submitted similar statements.
Article 67 The Court shall deliver its advisory opinions in open Court, notice having been given to the Secretary-General and to the representatives of members of the United Nations, of other states and of international organizations immediately concerned.
Article 68 In the exercise of its advisory functions the Court shall further be guided by the provisions of the present Statute which apply in contentious cases to the extent to which it recognizes them to be applicable.
INTERIM ARRANGEMENTS Concluded by the Governments Represented
at the United Nations Conference
THE GOVERNMENTS represented at the United Nations Conference on International Organization in the City of San Francisco,
Having determined that an international organization to be known as the United Nations shall be established,
Having this day signed the Charter of the United Nations, and
Having decided that, pending the coming into force of the Charter and the establishment of the United Nations as provided in the Charter, a Preparatory Commission of the United Nations should be established for the performance of certain functions and duties,
AGREE as follows:
1. There iş hereby established a Preparatory Commission of the United Nations for the purpose of making provisional arrangements for the first sessions of the General Assembly, the Security Council, the Economic and Social Council, and the Trusteeship Council, for the establishment of the Secretariat, and for the convening of the International Court of Justice.
2. The Commission shall consist of one representative from each government signatory to the Charter. The Commission shall establish its own rules of procedure. The functions and powers of the Commission, when the Commission is not in session, shall be exercised by an Executive Committee composed of the representatives of those governments now represented on the Executive Committee of the Conference. The Executive Committee shall appoint such committees as may be necessary to facilitate its work, and shall make use of persons of special knowledge and experience.
3. The Commission shall be assisted by an Executive Secretary, who shall exercise such powers and perform such duties as the Commission may determine, and by such staff as may be required. This staff shall be composed so far as possible of officials appointed for this purpose by the participating governments on the invitation of the Executive Secretary. 4. The Commission shall:
a. convoke the General Assembly in its first session; b. prepare the provisional agenda for the first
sessions of the principal organs of the Organization, and prepare documents and recommenda
tions relating to all matters on these agenda; c. formulate recommendations concerning the possi
ble transfer of certain functions, activities, and assets of the League of Nations which it may be considered desirable for the new Organization to
take over on terms to be arranged; d. examine the problems involved in the establish
ment of the relationship between specialized
intergovernmental organizations and agencies
and the Organization; e. issue invitations for the nomination of candi
dates for the International Court of Justice in accordance with the provisions of the Statute of
the Court; f. prepare recommendations concerning arrange
ments for the Secretariat of the Organization; and g. make studies and prepare recommendations con
cerning the location of the permanent head
quarters of the Organization. 5. The expenses incurred by the Commission and the expenses incidental to the convening of the first meeting of the General Assembly shall be met by the Government of the United Kingdom of Great Britain and Northern Ireland or, if the Commission so requests, shared by other governments. All such advances from governments shall be deductible from their first contributions to the Organization.
6. The seat of the Commission shall be located in London. The Commission shall hold its first meeting in San Francisco immediately after the conclusion of the United Nations Conference on International Organization. The Executive Committee shall call the Commission into session again as soon as possible after the Charter of the Organization comes into effect and whenever subsequently it considers such a session desirable.
7. The Commission shall cease to exist upon the election of the Secretary-General of the Organization, at which time its property and records shall be transferred to the Organization.
8. The Government of the United States of America shall be the temporary depositary and shall have custody of the original document embodying these interim arrangements in the five languages in which it is signed. Duly certified copies thereof shall be transmitted to the governments of the signatory states. The Government of the United States of America shall transfer the original to the Executive Secretary on his appointment.
9. This document shall be effective as from this date, and shall remain open for signature by the states entitled to be the original Members of the United Nations until the Commission is dissolved in accordance with paragraph 7.
IN FAITH WHEREOF, the undersigned representatives having been duly authorized for that purpose, sign this document in the English, French, Chinese, Russian, and Spanish languages, all texts being of equal authenticity.
Done at the City of San Francisco, this 26th day of June, one thousand nine hundred and forty-five.
Full Text ...
A REPORT ON THE CONFERENCE
Radio Address by Edward R. Stettinius, Jr.
CHAIRMAN, THE UNITED STATES DELEGATION
MAY 28, 1945
The United Nations Conference on International Or. ganization is now in its fifth week. I feel that the time has come for me, as Secretary of State and chairman of the United States delegation, to report to the American people and to our armed forces throughout the world on the progress we have made here in San Francisco.
You will recall that last fall, at Dumbarton Oaks, conversations between the United States, Great Britain, the Soviet Union and China resulted in proposals for an international organization to maintain peace, which later were supplemented at the Crimea Conference.
The Dumbarton Oaks Proposals were submitted to all the United Nations, and their representatives were invited to come to San Francisco to prepare a Charter based upon them.
When this Charter-or Constitution is completed, it will be submitted for ratification to the member nations, Once the required number of member nations have ratified the Charter, the world Organization will come into being.
Gathered here in San Francisco are delegates from almost fifty nations—men and women of different races and religions, accustomed to different political forms, influenced by different geographical environments. Yet we have come together with the same great purpose in view -to form a permanent organization to preserve peace throughout the world.
After years of war, the sound of open debate in a world assembly on the issues of peace has an unaccustomed ring. But we are working for a peace which must be democratic as well as strong, and it can be developed only in the give and take of frank and vigorous discussion.
After one month of work, I can now report to you my confidence that we will succeed in writing a strong and dmocratic Charter solidly based on the Dumbarton Oaks Proposals with which we started.
It will be strong in the power to prevent aggression and to develop the economic and social conditions which will reduce the causes of war.
It will be democratic in the encouragement which it will give to nations and to peoples everywhere to extend the application of equal justice in the world and to promote and protect human rights and freedoms.
At the very outset of our work, we were confronted with a number of urgent problems. There was the question of seating the Byelorussian and Ukrainian Republics and the Argentine and the further problem of how Poland could be represented. These questions involved important issues affecting both the Conference and United States foreign policy.
At the Crimea Conference the Soviet Union directed our attention to the grievous injuries sustained by the Byelorussian and Ukrainian peoples in their long and gallant struggle against the common enemy, and requestcd that these two republics be given membership in the proposed world Organization. President Roosevelt and
Prime Minister Churchill agreed to support this request.
The United States delegation fulfilled this pledge in the opening days of the Conference.
The Conference also voted to admit Argentina. I wish to make clear that the vote of the United States in favor of seating Argentina did not constitute a blanket indorsement of the policies of the Argentine Government. On the contrary, with many of these policies both the Government and people of the United States have no sympathy.
We have in no way abandoned the principles for which this country has always stood. We steadfastly adhere to those principles of morality and decency which were the basis of our foreign policy under the leadership of Franklin Roosevelt and Cordell Hull. During the war the paramount aim of our policy in this Hemisphere has been to eliminate Axis penetration and unite all the Americas in the struggle against the evil forces which have attempted to destroy liberty and free institutions throughout the world.
We recognize that the people of Argentina have been traditionally democratic in their ideals and good friends of the people of the United States. The Mexico City Conference last March opened the way for Argentina to return to her traditional policies and restore the unity of the Americas.
After that Conference Argentina took the first steps in this direction. She declared war on the Axis and committed herself to the democratic and peaceful policies of co-operation agreed upon at Mexico City by signing the final act of that Conference. As a further step in this process the American republic felt that Argentina should be admitted to the San Francisco Conference.
By voting to admit Argentina in these circumstances, the United States, however, has by no means changed its position that Argentina is expected to carry out effectively all of her commitments under the Mexico City Declaration. On the contrary, we consider that her admission to the San Francisco Conference increases her obligation to do so. We expect the Argentine nation to see that this obligation is fulfilled.
The Soviet Union requested that Poland be represented at the Conference by the Provisional Government in Warsaw, which is not recognized by a majority of the United Nations, including the United States,
It is a matter of deep regret to the United States that the people of Poland, who have suffered so terribly and fought so bravely during the war, are not represented in our deliberations. Poland is a United Nation, and should be here. But there are two Polish governments-the London Government and the Warsaw Provisional Gov. ernment.
Last February it was agreed at Yalta that the Provisional Government now functioning in Warsaw should be reorganized on a broader democratic basis with the inclusion of democratic leaders from Poland itself and
from Poles abroad. This new Government, it was agreed, After submission of the joint amendments of the four should then be called the Polish Provisional Government Sponsoring Powers, together with the amendments subof National Unity. The Yalta Agreement on this matter mitted by other United Nations, the Conference entered has not yet been carried out. The United States took the its working committee stage. position that Poland could be represented only by a Polish One of the first committee decisions was formally to Government formed in accordance with that Agreement, extend to France that fifth permanent seat on the Securand the Warsaw Provisional Government was not ad- ity Council which had been contemplated for her at Dummitted to the Conference,
barton Oaks. I am happy to say that France now sits in The negotiations for reorganization of the Warsaw the Conference committee of five with four sponsoring Provisional Government have been disappointing. It is nations. The United States welcomes this important step the intention of the United States to exert all its in- in the return of France to her rightful place in world fluence, in collaboration with the Soviet Union and Great affairs. Britain, toward fulfillment of the Yalta Agreement on During the past fortnight general agreement has been Poland.
reached on a number of other important points. Taken toI wish to make it absolutely clear that the primary ob- gether with changes previously agreed upon, these form jective of the United States foreign policy is to con- the basis of proposals which are now being drafted, sectinue and strengthen in the period of peace that wartime tion by section, into the Charter. solidarity which has made possible the defeat of Germany. I wish to point out what I consider to be the most sigThis is as true of our relations with the Soviet Union nificant of these changes. as it is of our relations with Great Britain, China and The Security Council would be given additional powers France. There have been differences between us. There to settle a dispute in its early stages and to stop preparawill continue to be differences. But the effectiveness of tions for war long before war actually begins. our wartime collaborations has demonstrated that our The relationship to the world Organization of regional differences can be adjusted.
security arrangements like that contemplated in the Act It is our purpose to seek constantly to broaden the of Chapultepec for the Western Hemisphere has been scope of our agreement and to reach common under- clarified by another provision. standing on those matters where it does not yet exist. The United States shared in the desire of the other We have the right to expect the same spirit and the American republics to maintain the inter-American syssame approach on the part of our great allies.
tem within the framework of the world Organization. We Let me give you an example of our collaboration at the also agreed that the world Organization must be supreme San Francisco Conference.
in matters of enforcement. World peace is indivisible. When Mr. Molotov came to the United States, he The world Organization must therefore have the right and planned to stay only a few days because of the heavy the power to prevent or suppress aggression anywhere burden of his responsibilities in Moscow. He stayed here and at any time. This conviction was embodied in the for over two weeks.
proposal put forward. The reason Mr. Molotov stayed longer than he had At the same time, that proposal strengthens the role of planned was this. The United States delegation wanted regional organizations in peaceful settlement of disputes. to make some important changes and additions to the It re-emphasizes the inherent right of self-defense and Dumbarton Oaks Proposals at San Francisco. The changes extends that right to a group of nations whenever an we had in mind reflected not only the views of the United armed attack against one of them can rightfully be reStates delegation, but those which had been expressed garded as an attack against all of them until the world before the Conference by other United Nations, par- Organization has taken effective action to restore peace. ticularly some of the smaller powers. We felt that if we The inter-American system is thus brought within the were able to submit these as the unanimously agreed larger framework of the world Organization. The United amendments of the four sponsoring nations, not just as States intends to negotiate in the near future a treaty our own, they would have an important, indeed a decisive, with its American neighbors which will put the Act of effect on the whole work of the Conference and the speed Chapultepec on a permanent basis, in harmony with the with which agreement on a Charter could be reached. world Charter.
So Mr. Molotov stayed on and worked with Mr. Eden, The steps by which a final solution of this problem was Dr. Soong and myself on the United States proposals. achieved offer a good example of the advantages of efThey had important contributions of their own to make. fective collaboration. The original United States proposal I regard it as a great achievement and a good omen for was partly based on separate amendments previously prothe future that agreement was reached on the exact text posed by France and Australia. It was submitted simulof these important amendments by all four nations with- taneously to the five large powers and to the other in a very few days.
American republics. Mr. Eden and his British colleagues When Mr. Molotov came to me to tell me that his Gov- offered opinions which strengthened and clarified its ernment agreed with us on the text of the last two remain- meaning.. A later suggestion from the Soviet Union reing amendments he expressed again the importance which sulted in a further improvement. Because many nahis Government attached to the successful establishment tions collaborated on this problem, we have emerged of the world organization and his satisfaction with the with a far better solution than any nation produced results of our collaboration toward making the Charter alone. of the Organization better and stronger than it other
Another amendment reaffirms that the responsibility wise would have been. It was only after this agreement for standing guard over the enemy powers shall be carhad been made complete that he said he felt it was ap- ried by the nations which defeated them. But for the first appropriate for him to return to the important work time it specifically opens the way for the world Organizawhich was awaiting him in Moscow.
tion itself to assume this responsibility later on. In the The unanimity of the sponsoring powers on these meantime the automatic operation of treaties directed amendments has had the decisive effect we expected it against a renewal of aggression by enemy states is perwould have on the work of the Conference. They have mitted. met with general approval among other nations at the This is in accord with the aims of the United States Conference, and have greatly eased and speeded the task toward Germany as affirmed in the Crimea Declaration. of the working committees.
It is our intention to continue collaboration to the fullest