The possible criticism of the act on the ground that the time limit contained therein may be too restricting on the procurement activities of the United Nations is answered by the assurance contained in the House Foreign Affairs Committee report that the Congress will consider the requirements of the United Nations with regard to the construction of its permanent home when construction actually begins and the needs relative thereto can be more fully ascertained.31

D. Protection of the seal, emblem, and name of the United Nations

The General Assembly of the United Nations in a resolution adopted unanimously at its fiftieth plenary meeting, December 7, 1946,82 recommended that members of the United Nations should take appropriate steps to prevent the commercial exploitation of the emblem, the official seal, and the name of the United Nations by means of trademarks or commercial labels, without authorization by the Secretary-General of the United Nations. Accordingly, a bill "To prohibit and punish the unauthorized use of the official seal, emblem, and name of the United Nations, and for other purposes", H.R. 4186, was introduced in the House of Representatives by Congressman Javits, a member of the House Committee on Foreign Affairs. In the words of the Committee, "The proposed legislation would prevent the growth of the practice of commercially exploiting the concept of the United Nations. At the same time it avoids infringement on established rights in the language in section 3, providing that those who established their use of the name, initials, emblem, or seal of the United Nations before the effective date of the Charter may continue such use for the period remaining under a valid trade-mark or copyright. Such trade-marks or copyrights are, however, not to be subject to renewal. Those who have established a use of the name or initials or emblem concerned since the determining date and prior to the enactment of the proposed act are granted leeway of 1 year in which to bring such use to an orderly end." 33

The bill passed the House on July 25, 1947, and will be considered in the Senate during the next session of the Eightieth Congress.

October 26, 1947

This purpose covers an enormous range of human endeavor with which the United Nations has been charged. If, indeed, it will be responsible for the fulfilment even in part of some of these ideals, the Organization will have justified its existence and merited the support of all the civilized nations of the world.

That the United Nations on the one hand, has been quick to focus its attention on these international responsibilities may be seen when its actions are viewed in connection, in particular, with three humanitarian projects: The International Refugee Organization, the World Health Organization, and the International Children's Emergency Fund. That the United States on the other hand, as a leading sponsor and a leading member of the Organization, has been acutely aware of its responsibilities toward the relief and betterment of the lot of mankind everywhere, is, likewise, readily apparent. The cooperation of the Eightieth Congress in these programs gives impressive testimony to the fact that it recognizes the desperate seriousness of the world situation.

A. The International Refugee Organization (IRO)

In keeping with the purpose set forth in paragraph 3, article 1 of the Charter, the General Assembly, by a resolution of February 12, 1946, decided that the complex and world-disturbing problem of refugees and displaced persons is international in character and that a single international organization should take over the functions

being performed by many different organizations. As a result of studies carried on, pursuant to this decision, by special committees of the General Assembly and the Economic and Social Council, the General Assembly, on December 15, 1946, approved the constitution of the International Refugee Organization.35 The United States played an active role in this matter, consistent with the policy adopted by the Secretary of State, recognizing that the care and disposition of displaced persons is a collective international responsibility just as was the military defeat of Germany and the punishment of Nazi war criminals.

The constitution of IRO was opened for signature the same day it was approved by the General Assembly, and Senator Austin, the Representative of the United States at the seat of the United Nations, signed it on behalf of the United States, subject to final approval by Congress to make effective this Government's membership and participation. Accordingly, S. J. Res. 77, “A joint resolution providing for membership and participation by the United States in the International Refugee Organization and authorizing an appropriation therefor", was introduced in the Senate. on February 24, 1947, by Senator Vandenberg. The resolution was unanimously approved by the Senate Foreign Relations Committee on March 12, 1947, and passed the Senate on March 25, 1947, by unanimous vote, after undergoing a lively and thorough debate. As it passed the Senate it included a proviso, sponsored by Senators Revercomb and Donnell, designed to dispel the fear that the Constitution of the Organization might be interpreted as authorizing the President to conclude agreements with the organization which would have the effect of suspending or modifying our immigration laws. When the matter came

36

37

85 U.N. doc. A/64/Add.1, Jan. 31, 1947, pp. 97-121. Upon signature without reservation, or acceptance by 15 states, it will come into force provided the total of their assigned contributions as set out in an appendix to the constitution amounts to 75 percent of the total budget for the fiscal year 1947. BULLETIN of July 13, 1947, p. 61. See also Department of State doc. SD/IRO/1, Mar. 21, 1947. (Mimeo.)

893 Cong. Rec., pp. 2565-2602 (Mar. 25, 1947). Ibid., p. 2602.

38 H. R. Rept. 464, 80th Cong., 1st sess., p. 1 (1947).

39 For passage in the House, see 93 Cong. Rec., pp. 79147915 (June 26, 1947); for acceptance by Senate of House amendments, see ibid., pp. 7970-7971 (June 27, 1947). 40 Public Law 146, 80th Cong., 1st sess. (July 1, 1947).

before the House Foreign Affairs Committee, this amendment was adopted along with its own amendments, lowering the ceiling of $75,000,000 on the amount appropriated for the fiscal year beginning July 1, 1947, to $73,500,000 and adding a new section, section 5, to take care of the anticipated interim period between the end of UNRRA (June 30, 1947) and the beginning of IRO.38 With these amendments the House of Representatives passed the joint resolution, June 26, 1947, which was agreed to and passed by the Senate. On July 1, 1947, it became law.40

39

Public Law 146 accomplishes four things of major importance-it authorizes the President to accept membership in IRO for the United States, with the immigration safeguard contained in the proviso, as noted above (section 1); it vests in the President the requisite authority to designate the United States representatives and alternates who are expected to attend the sessions of IRO (section 2); it authorizes the appropriation of such sums, not to exceed $73,325,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of the United States contributions to IRO, and such sums, not to exceed $175,000 for the same fiscal year to cover salaries and other expenses of United States representatives and alternates (section 3); it authorizes any Government agency to furnish or procure and furnish supplies and services to the organization on a reimbursable basis (section 4); and finally, it enables the Secretary of State, during the interim period between July 1, 1947, and the coming into force of the constitution of the organization, to make advance contributions to the Preparatory Commission of the International Refugee Organization (section 5). The contributions which the Organization is expected to make toward the relief of refugees and displaced persons are outlined very completely in the statement which the then Under Secretary of State, Dean Acheson, made before the Senate Committee on Foreign Relations at hearings of that Committee on IRO on March 1, 1947. Mr. Acheson said:

"What is it that this constitution provides? It establishes an organization to deal on an integrated basis with the whole problem of refugees and displaced persons. For the purposes of this organization, a displaced person is someone who had to leave his own country as a result of the actions of

the Nazi or Fascist authorities. A refugee is, generally speaking, anyone outside of his own country who was either a victim of Nazi persecution or who now is unwilling to return to his own country as a result of events which took place subsequent to the outbreak of the war. In general, the organization concerns itself with such people only when certain conditions are fulfilled, i.e., that such persons desire to be repatriated and need help in order to be repatriated or for good reasons refuse to return voluntarily to their own countries. These are primarily the people whom the occupying armies found on their hands when they entered Germany, Austria, and Italy. They were people who had been taken against their will to Germany during the war, largely for the purpose of slave labor, or were people who, through fear of persecution or through lack of sympathy with the regimes which have been established in their own countries, fled to Germany, Austria, or Italy for protection. The organization will also be concerned with similar problems in the Far East, particularly with overseas Chinese displaced by operations of the Japanese armies." "1

Recognition of the part played by the Eightieth Congress was voiced by Ambassador Austin, chief of the United States Mission to the United Na

"BULLETIN of Mar. 9, 1947, p. 425.

42 "Ex. Or. 9844, 12 Federal Register 2765 (1947) designates the U.S. Representatives to the United Nations as the "United States Mission to the United Nations". For text see BULLETIN of May 4, 1947, p. 798.

43 U.S. Mission to the U.N., press release 195 (July 3, 1947):

"Presentation of this instrument of adherence to the Constitution of the International Refugee Organization by the United States Government is one of the more satisfying tasks which I have had to perform as the United States Representative at the Seat of the United Nations. This means not only that we have moved a great deal closer to full establishment of the IBO, but it also demonstrates once again the wholehearted devotion that the people and the Government of the United States have for the cause of the United Nations. The large majorities by which both Houses of the Congress have voiced their approval of the International Refugee Organization are stirring and enthusiastic votes of confidence for this urgent humanitarian task." (Italics supplied by author.)

ing health conditions created by World War II, the need for international cooperative efforts has been considerably heightened." Accordingly, the United Nations in February 1946 appointed a Technical Preparatory Committee composed of health experts, entrusted with the task of preparing proposals for the consideration of an international health conference, which it had been decided should be convened. This Committee recognized that the existing health agencies were inadequate to meet the new conditions and recommended that the International Office of Public Health be absorbed into a new world health organization. This finding was accepted by the International Health Conference and subsequently was approved by the Economic and Social Council and the General Assembly of the United Nations.47 In connection with the structure and status of the new health organization in relation to the United Nations, the Committee in its report to the Economic and Social Council outlined detailed proposals for a constitution, including its basic principles and the aims, functions, organs, and membership of the organization, and recommended that the organization be established as a specialized agency and that it be brought into close relationship with the United Nations. In its observations to the International Health Conference (which met in New York from June 19 to July 22, 1946, under the chairmanship of Dr. Thomas Parran, Surgeon General of the United States Public

48

"A striking illustration of this intensified need for international cooperation in health is cited in H. Rept. 979, 80th Cong., 1st sess., p. 3 (1947): “As an illustration, a single case of smallpox was carried from Mexico to New York City in the spring of 1947 by bus. The dollar cost to New York City alone of the resulting epidemic threat was $6,800 in hospitalization and $461,000 for public vaccinations. The total number of vaccinations performed was about 6,350,000, which, at a cost of $1 each in lost time and other economic losses, represent a value of $6,350,000, or a total for New York City of about $6,800,000. This estimate of the cost takes no account of measures necessary at other points along the route of the bus. Nor does it include the expense of local, State, and Federal health authorities in tracing fellow passengers and other contacts made by the carrier."

Health Service) on the report of the Committee, the Economic and Social Council approved this recommendation.50 The Conference on the last day of its mesting adopted four instruments: (1) final act of the International Health Conference, a review of the work of the Conference; (2) constitution of the World Health Organization, signed by representatives of 61 states; (3) arrangement concluded by the governments represented at the International Health Conference establishing an Interim Commission, composed of 18 states, including the United States, elected by the Conference; and (4) protocol providing for the dissolution of the International Office of Public Health at Paris and for the transfer of its functions to the newly created World Health Organization."1 Bearing in mind the accomplishments achieved by the Conference, it is small wonder that the President, in transmitting to the Eightieth Congress for its consideration a suggested joint resolution providing for United States membership and participation in WHO, stated that he was " impressed by the spirit of international good will and community of purpose which have characterized the development of the constitution of this Organization." 52 The report of the Secretary of State on this matter,53 enclosed with the President's message, pointed out to the Congress the urgency and importance of international health problems and contained an analysis of the structure and functions of WHO. The more im

protocol signed on behalf of 60 states at the International Health Conference was submitted to the Senate on Feb. 10, 1947 (S. Exec. D, 80th Cong., 1st sess.; see also 93 Cong. Rec., p. 951 (Feb. 10, 1947)). The Senate advised and consented to the ratification of the protocol on July 19, 1947 (93 Cong. Rec., pp. 9512-9513 (July 19, 1947)). 45 Ecosoc Journal, May 22, 1946.

"The Organization [United Nations] shall, where ap propriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55" (U.N. Charter, art. 59).

5o BULLETIN of July 20, 1947, p. 132.

51 S. Rept. 421, 80th Cong., 1st sess., p. 3 (1947) and S. Exec. D, 80th Cong., 1st sess.