Article 3 of the Charter of the United Nations deals with original membership in the organization. Article 4 reads:

"1. Membership in the United Nations is open to all other peaceloving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

"2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council."

In conformity with the Statute, the Registrar of the Court on December 12, 1947, gave notice that the Court was prepared to receive written statements in the matter before February 9, 1948. The Governments of 15 countries filed such statements. The Government of the United States in its statement, dated January 29, 1948, said:

"The Government of the United States, in harmony with the position taken by it in the United Nations, as is apparent from the official records, is of the view that the first paragraph of Article 4 of the Charter of the United Nations states all the qualifications required for membership in the United Nations. It seems clear that for a Member of the United Nations to make its vote, in the Security Council or in the General Assembly, on an application for membership dependent on conditions other than those set forth in Article 4, paragraph 1, would not be in accordance with the clear provisions of that Article. To make such a vote, while recognizing the conditions set forth in Article 4, paragraph 1, to be fulfilled by an applicant state, dependent upon the admission of other applicant states would, therefore, in this Government's judgment not be in accord with the Charter."

On April 22, 23, and 24, 1948, the Court heard oral statements by a representative of the Secretary-General of the United Nations and by representatives of the Governments of France, Yugoslavia, Belgium, Czechoslovakia, and Poland. The United States did not participate in the oral statements.

On May 28, 1948, the Court gave its advisory opinion. It answered each question in the negative.

As to the first question, the Court stated it to be its view that "The requisite conditions are five in number: to be admitted to membership in the United Nations, an applicant must (1) be a State; (2) peaceloving; (3) accept the obligations of the Charter; (4) be able to carry out these obligations; and (5) be willing to do so", and that

"All these conditions are subject to the judgment of the Organization. The judgment of the Organization means the judgment of the two organs mentioned in paragraph 2 of Article 4, and, in the last analysis, that of its Members."

Further, the Court advised that states which fulfil the conditions stated have the "qualifications" requisite for admission. The conditions listed in article 4 (1), the Court said, "constitute an exhaustive enumeration", and are not stated merely by way of "example"; are to be "regarded not merely as the necessary conditions, but also as the conditions which suffice"; are not to be regarded as "an indispensable minimum, in the sense that political considerations could be super-imposed upon them"; do not prevent an "appreciation" of "such circumstances of fact as would enable the existence of the requisite conditions to be verified"; and do not prevent "the taking into account of any factor which it is possible reasonably and in good faith to connect with the conditions laid down in that Article".

As to the second question concerning "a demand on the part of a Member making its consent to the admission of an applicant dependent on the admission of other applicants", the Court expressed the opinion that "such a demand clearly constitutes a new condition, since it is entirely unconnected with those prescribed in Article 4". It was added that such a demand "makes admission dependent, not on the conditions required of applicants, qualifications which are supposed to be fulfilled, but on an extraneous consideration concerning States other than the applicant State"; that the provisions of Article 4 imply that every applicant for admission "should be examined and voted on separately and on its own merits", as "otherwise it would be impossible to determine whether a particular applicant fulfills the necessary conditions"; that to subject an affirmative vote for the admission of an applicant State to the condition that other States be admitted with that State "would prevent Members from exercising their judgment in each case with complete liberty, within the scope of the prescribed conditions"; and that such a demand "is incompatible with the letter and spirit of Article 4 of the Charter".

Judge Alvarez of Chile and Judge Azevedo of Brazil, while concurring in the opinion of the Court, appended a statement of their individual opinion. Of the members of the Court dissenting, Judge Basdevant of France, Winiarski of Poland, McNair of the United Kingdom, and Read of Canada appended a joint opinion, and Judges Zoricic of Yugoslavia and Krylov of the Soviet Union, separate dissenting opinions.

ADVISORY OPINION REQUESTED ON

REPARATIONS FOR INJURIES

The question of reparations for injuries suffered in the service of the United Nations was placed on the agenda of the Third Session of the General Assembly by the Secretary-General. In his report on this question dated October 7, 1948, the Secretary-General gave a history of particular cases and of the action taken by him. He also stated that though he had no doubt that the United Nations possessed the legal capacity to present a claim for reparations under international law against a state, he, nevertheless, felt that, before the necessary action could be taken for presenting such claims, a number of questions of law, policy, and procedure should be determined by the Assembly. He accordingly put forward the following questions for consideration by the Assembly:

(1) Whether, in the view of the Assembly, a state may have a responsibility as against the United Nations for injury to or death of an agent of the United Nations;

(2) What should be the general policy with respect to the reparation or measure of damages which should be claimed;

(3) What should be the procedure for the presentation and settlement of claims?

On December 3, 1948, the General Assembly on the recommendation of its Sixth (Legal) Committee by a resolution decided to submit the following legal questions to the International Court of Justice for an advisory opinion:

"I. In the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a State, has the United Nations, as an Organization, the capacity to bring an international claim against the responsible de jure or de facto Government with a view to obtaining the reparation due in respect of the damage caused (a) to the United Nations, (b) to the victim or to persons entitled through him?

"II. In the event of an affirmative reply on point I (b), how is action by the United Nations to be reconciled with such rights as may be possessed by the State of which the victim is a national?"

The resolution also instructs the Secretary-General after the Court has given its opinion to prepare proposals in the light of that opinion and to submit them to the Fourth Regular Session of the General Assembly.

Other Matters

ELECTION OF INTERNATIONAL LAW

COMMISSION

At its regular session in 1947 the General Assembly, in line with its responsibilities for the encouragement of the progressive development and codification of international law, adopted a resolution creating the International Law Commission. This resolution provided for a commission of 15 individuals of recognized competence in international law and representative of the chief forms of civilization and the basic legal systems of the world.

Under the resolution Members of the United Nations were entitled to nominate four candidates for election to the Commission, of whom not more than two could be nationals of the nominating state. The United States nominated Prof. Manley O. Hudson of Harvard University, together with Alberto Ulloa Sotomayor (Peru), and Jean Spyropoulos (Greece). Including these three, a total of 74 candidates appeared on the ballot submitted by the Secretary-General to the Assembly's Third Regular Session. The elections took place in Paris on November 3, 1948.

Under the terms of the Commission's statute, adopted by the General Assembly at its Second Session in 1947, the 15 candidates obtaining the greatest number of votes and not less than a majority of the number of votes of the members present and voting are elected. Two ballots were necessary to complete the composition of the Commission. The following individuals were elected to serve for a term of three years: Shuhsi Hsu (China), Gilberto Amado (Brazil), Sir Benegal Narsing Rau (India), James L. Brierly (United Kingdom), Georges Scelle (France), Roberto Cordoba (Mexico), Manley O. Hudson (United States), J. P. A. François (Netherlands), Vladimir Mikhailovich Koretsky (U.S.S.R.), Jean Spyropoulos (Greece), Ricardo J. Alfaro (Panama), Jesus María Yepes (Colombia), A. E. F. Sandstrom (Sweden), Faris Bey el-Khoury (Syria), and Jaroslav Zourek (Czechoslovakia).

It is anticipated that the Commission will meet early in 1949 to begin its work. This work is expected to include the preparation of draft conventions in line with its responsibility for the development of international law, and it will also engage in activities relating to the codification of international law. In addition, the General Assembly at its Third Regular Session invited the Commission "to study the desirability and possibility of establishing an international judicial

organ for the trial of persons charged with genocide or other crimes over which jurisdiction will be conferred upon that organ by international conventions."

REGISTRATION AND PUBLICATION OF TREATIES

Under article 102 of the Charter, every treaty and every international agreement entered into by any Member of the United Nations after the entry into force of the Charter must be registered with the Secretariat and published by it as soon as possible. In a report dated August 17, 1948, the Secretary-General gave the General Assembly an account of the progress made and the technical difficulties met during the year in connection with this matter.

The General Assembly adopted a resolution proposed by the Belgian Delegation which stressed the importance of the publication of treaties with the least possible delay.

The Delegation of the United States proposed a resolution drawing the attention of Member states to their obligation under article 102 of the Charter and requesting them to take immediate steps to fulfil this obligation. This resolution was also approved by the General Assembly.

PRIVILEGES AND IMMUNITIES

In his report of September 7, 1948, the Secretary-General brought to the attention of the Assembly information concerning the implementation of articles 104 and 105 of the Charter, which deal with the privileges and immunities of the United Nations, and, more particularly, information concerning the developments in this field since the last session of the Assembly.

The report was divided into two parts. The first related to the agreement between the United Nations and the United States regarding the headquarters of the United Nations, while the other dealt with the general convention on the privileges and immunities of the United Nations. In connection with the former, it was stated that in the course of the negotiations between the United States and the United Nations concerning the implementation of the headquarters agreement "the United Nations received from the United States authorities the fullest cooperation." The report also pointed out that the convention had not yet been ratified by certain states.

The General Assembly approved a resolution in which it noted "with satisfaction" the steps taken with a view to implementing the agreement between the United Nations and the United States. The resolu