Слике страница
PDF
ePub
[blocks in formation]

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 amend-
ment, 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 system, 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 be parties.

2. Paragraph 1 of this Article shall not be interpreted as
giving grounds for delay or postponement of the negotiation

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 administration
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.

[blocks in formation]

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 defence and the
maintenance of law and order within the trust territory.

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 author

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 agree-
ments 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.

ity; and

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 those 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.

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 ac-
cordance with its rules, which shall include provision for the

[blocks in formation]

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.

[ocr errors]

upon the

[blocks in formation]

The is that Organizations may require. The Secretary.

accordance with the annexed Statute, which is based
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 conditions to be determined in each case by the Gen-
eral Assembly upon the recommendation of the Security
Council.

ARTICLE 94
1. Each Member of the United Nations undertakes to com-
ply 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.

General shall be appointed by the General Assembly upon the
recommendation 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 meet-
ings 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 gov-
ernment or from any other authority external to the Organiza-
tion. 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 responsi-
bilities of the Secretary-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 im-
portance of recruiting the staff on as wide a geographical basis
as possible.

which has not been registered in accordance with the provisions
of paragraph 1 of this Article may invoke that treaty or agree-
ment 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 fulfilment 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 fulfilment 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 connexion with the Organization.

3. The General Assembly may make recommendations with
a view to determining the details of the application of para-
graphs 1 and 2 of this Article or may propose conventions to
the Members of the United Nations for this purpose.

[merged small][ocr errors][merged small][merged small][merged small]

54-738 0 - 75 - 27

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.

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 de-
cided by a majority vote of the members of the General Assem-
bly and by a vote of any seven members of the Security Council.

[blocks in formation]

CHAPTER XIX
RATIFICATION AND SIGNATURE

ARTICLE 110
1. The present Charter shall be ratified by the signatory
states in accordance with their respective constitutional pro-

ARTICLE 108

cesses.

A"

mendments 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 respec-
tive 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
the members of the General Assembly and by a vote of any
nine 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 rati-
fied in accordance with their respective constitutional processes

2. The ratifications shall be deposited with the Govern-
ment 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 respec-
tive ratifications.

« ПретходнаНастави »