« ПретходнаНастави »
of the Charter, a request to the Secretary-General to provide the Assembly in his Annual Report with a summary of the information received by him from Members in regard to their non-self-governing territories apart from mandated or trusteeship territories. A copy of
A the resolution is appended to this report.
It may be noted that the trusteeship agreements are subject to negotiation through diplomatic channels by the "states directly concerned.” Efforts to define this phrase in its application to all the mandated territories were strongly resisted by the United States Delegation. The agreements are subject to approval by the General Assembly except in the case of those relating to strategic areas, which only the Security Council is empowered to approve. Under the Charter, the United States will have the position of a permanent member in the Trusteeship Council when established. The Secretary-General and the Secretariat
By the Charter, the appointment of the Secretary-General is made by the General Assembly upon nomination by the Security Council. The Council by unanimous vote on February 1, nominated Mr. Trygve Lie, then Foreign Minister of Norway, and the General Assembly . immediately appointed him.
With regard to the organization of the Secretariat, the General Assembly accepted with but few amendments the recommendations of the Preparatory Commission. The General Assembly thus left the Secretary-General adequate discretion to function effectively as the chief Administrative Officer of the United Nations. The Assembly also expressed the belief that United Nations officials should be exempt from national taxes, and likewise from national service obligations. The Secretary-General was instructed to discuss with Members the means for meeting the taxation problem with a view to achieving equality of treatment for his staff and equity among Member States, and to report to the General Assembly at its September session. In reserving the United States position, Senator Vandenberg, representing the United States in Committee V and in the Assembly, and Mr. Walker, representing the United States in the related legal discussions in Committee VI, expressed the Delegation's view throughout that, in the case of the United States only the Congress can determine whether American citizens employed by the United Nations should be subject to taxation and to military service.
The United States also reserved its position on those parts of the present provisional budget of the United Nations which relate to tax immunity, though fully supporting the budget itself, amounting to $21,500,000. Until the General Assembly in its September meeting receives the report of the standing Committee on Contributions and determines the First Annual Budget, the definite portion which the
meantime the Organization will be financed from the Working Capital Fund which has been agreed upon as a permanent fund for the purpose of assuring the Organization constantly available financing especially for interim and emergency expenditures. For the present year the Fund has been set provisionally at $25,000,000 and the share of the United States is $6,135,500, both figures being subject to review at the September meeting of the Assembly. Thereafter the Annual Budget will carry an item to maintain the Fund.
The legal aspects of the above problems of tax and service immunities arose particularly in connection with a draft General Convention on privileges and immunities of the Organization, its officials, and the representatives of Members attending its meetings, which the Assembly approved and to which all Member States were asked to accede. The Convention would provide for the exercise by the Organization of the right, among others, to make contracts and to acquire and to convey certain properties. Individuals connected with the Organization and the representatives of Members would be extended certain immunities in connection with acts performed in their official capacities, and the high officials of the Organization would have a status comparable to that of foreign diplomatic representatives. Miscellaneous privileges with respect to travel facilities, communications and similar matters also would be granted.
In addition the General Assembly authorized the Secretary-General to negotiate with the competent authorities of the United States the arrangements required as a result of the establishment of the seat of the United Nations in the United States. For use in these negotiations as a basis of discussion the General Assembly transmitted a draft special convention to the Secretary-General. The Secretary-General will be assisted in these negotiations by a committee composed of persons appointed by the governments of Australia, Belgium, Bolivia, China, Cuba, Egypt, France, Poland, United Kingdom, and the Union of Soviet Socialist Republics. The United States Delegation, while desiring to extend all possible consideration and cooperation, took no part in formulating this Draft Convention, since to have done so might have prejudged the very matters which were to be the subjects of negotiation.
The International Court of Justice
In accordance with the Statute of the International Court of Justice the Judges of the Court were elected independently by the General Assembly and the Security Council from a list of nominees submitted by national groups. The Judges do not, of course, serve as national representatives in any sense.
In the election, held on February 6, 1946, a remarkable degree of unanimity was found to exist within both the General Assembly and the Security Council, thirteen Judges being elected by both bodies on the first ballot. The final list of the fifteen Judges elected included twelve of the candidates for whom the United States Delegation, as instructed, had voted on the first ballot.
The resulting bench is considered to present a balanced representation of the main forms of civilization and the principal legal systems of the world as envisioned in the Statute of the Court. Among
Among them is a Judge of American nationality, the Hon. Green H. Hackworth, for many years Legal Adviser of the Department of State, who was Chairman of the United Nations Committee of Jurists which had prepared the draft of the proposed Statute adopted at the San Francisco Conference, and who served as General Adviser to the Delegation at San Francisco and as Senior Adviser in London. Mr. Hackworth had been nominated by the American group of the Permanent Court of Arbitration which includes in its membership former Secretaries of State Cordell Hull and Henry L. Stimson. In addition, the following fourteen Judges were elected: Dr. Alejandro Alvarez (Chile); Dr. J. Philadelpho de Barros e Azevedo (Brazil); H. E. Abdel Hamid Badawi Pasha (Egypt); Prof. Jules Basdevant (France); Lic. Isidro Fabela Alfaro (Mexico); H. E. Dr. Jose Gustavo Guerrero (El Salvador); Dr. Hsu Mo (China); Dr. Helge Klaestad (Norway); Prof. Sergey Borisovich Krylov (Union of Soviet Socialist Republics); Sir Arnold Duncan McNair (United Kingdom); the Hon. John E. Read (Canada); Dr. Charles de Visscher (Belgium); M. Bohdan Winiarski (Poland); and Dr. Milovan Zoricić (Yugoslavia).
The Assembly also took steps to fix the emoluments of Judges on the basis of those of the Judges of the Permanent Court of International Justice and directed the Secretary-General to make the necessary arrangements to permit the convening of the first session of the Court at The Hague on April 3. Two questions may be expected to come before the International Court of Justice for immediate attention. One is a request from the Security Council for an advisory opinion on the interpretation of Articles 11 and 12 of the Statute of the Court, relating to the election of Judges. The other is a case between the United Kingdom and Guatemala concerning the interpretation, application or validity of any treaty relating to the boundaries of British Honduras.
The still-existing Permanent Court of International Justice, of which the United States is not a member, was the subject of a resolution by the Preparatory Commission, approved by the General Assembly, through which the Members who are also members of the Permanent Court consented to the dissolution of that Court. The League of Nations Assembly is expected to complete, in its special session beginning April 8, the process of dissolution insofar as concerns the members of the League.
Canada for membership in place of Australia, and the Netherlands for a two-year term in place of Poland.
A question later arose as to whether, in the meaning of the Charter, the states having one-year terms should serve for a term of twelve calendar months, or until their successors were elected which could be either eight months, if the next election was held in the meeting of the General Assembly in September this year, or twenty months, if the next election was held at the second regular session in September 1947. The complication was solely due to the fact that the first elections had taken place in January rather than at the time when the General Assembly will regularly convene, which is the first Tuesday after September 2 of each year. The Assembly finally decided that the states holding one-year terms on the Security Council should continue in office for twelve months—until January 1947. The United States took an active part in evolving the solution to this relatively minor but difficult problom.
Following the election of the non-permanent Members, the Security Council held its first meeting on January 17, 1946, with the Hon. Norman J. O. Makin, of Australia, as its first President for the period of one month. It held 23 meetings in London ending February 16. These will be reported upon later by the United States representative on the Council, the Hon. Edward R. Stettinius, Jr.
Upon direction of the Security Council, the Military Staff Committee met February 4 and proceeded to consider its own rules of procedure and organization. It is scheduled to meet again at the temporary site in the United States the same day as the Security Council, which is expected to be about March 21.
The Economic and Social Council
In the election of the eighteen Members of the United Nations to constitute the Economic and Social Council, the scope and significance of the work of this Council and the desirability of wide participation in its work, were carefully considered. Moreover, by the Charter, there are no permanent members of this Council, and unlike retiring members of the Security Council, the retiring members of the Economic and Social Council are eligible for immediate reelection. Six of the members elected at this session serve for three-year terms, six for two-year terms, and six for one-year terms; hereafter six members will be elected annually for three-year terms.
The balloting resulted in the election for three-year terms of China, Peru, France, Chile, Canada, and Belgium; for two-year terms, the Union of Soviet Socialist Republics, the United Kingdom, India, Norway, Cuba, and Czechoslovakia; and for one-year terms, the Ukrainian Soviet Socialist Republic, Greece, Lebanon, the United States, Colombia, and Yugoslavia. Election of the latter member
was made possible by the withdrawal of New Zealand after a series of indecisive ballots.
The Economic and Social Council convened in its organizing session January 23, 1946, selected Sir Ramaswami Mudaliar of India as its President, and in 13 meetings, held for the most part concurrently with the Assembly, made a number of substantive decisions in addition to establishing its organization. The Hon. John G. Winant, American Ambassador in London, was designated by the President to represent the United States in these first organizational meetings. Mr. Leroy D. Stinebower of the Department of State served as alternate.
The General Assembly, in view of its close relation to the Economic and Social Council, approved and passed on to the Council for appropriate action the recommendations of the Preparatory Commission that, among other actions, the Council should establish at its first session certain commissions and consider the desirability of establishing certain others at an early date, possibly at its first session.
The Council accordingly established a Commission on Human Rights, with a Sub-Commission on the Status of Women; an Economic and Employment Commission to have three Sub-Commissions, on Employment, Balance of Payments, and Economic Development, respectively; a Temporary Social Commission; a Statistical Commission; a Temporary Transportation and Communications Commission; and a Commission on Narcotic Drugs. It decided to establish at its next session a Demographic Commission, a Fiscal Commission, and a Coordination Commission.
It also established Committees on Refugees, on Specialized Agencies, on Non-Governmental Organizations, and the necessary Preparatory Committees in connection with the coming Conferences on International Trade and Employment, and on Health.
The General Assembly also approved and transmitted to the Economic and Social Council for consideration and appropriate action the observations of the Preparatory Commission concerning relationships to be established by the Council with Specialized Agencies. Agreements will be made between the Council and Specialized Agencies, subject to the approval of the General Assembly, in each case defining the terms of the relationship which a given Agency and the Organization will have.
The United States Delegation on February 16 formally requested the Secretary-General to arrange that the Commission on Human Rights should consider as promptly as possible the problems involved in assuring the widest possible exchange of news and freedom of information. As Senator Arthur H. Vandenberg indicated in the General Assembly during a brief discussion of a Philippine resolution to call an international press conference on these problems, which will be further considered in the September meeting of the Assembly, such