Изображения страниц
PDF
EPUB

lems of reconciling the five texts may arise as they have arisen in the past when even two languages were equally authentic; they can be solved by comparison of the texts, by reference to the documentation of the Conference proceedings, and by other familiar procedures. There is significance in the fact that the Charter, which is the Charter of all the United Nations, is authoritatively written in languages which are spoken in every corner of the world.

THE PREPARATORY COMMISSION OF THE UNITED NATIONS

The Preparatory Commission is designed to bridge the gap between the signing of the Charter at San Francisco and the convening of the first sessions of the principal organs of the United Nations.

When the League of Nations was established, interim arrangements were unnecessary because the first Secretary-General was named in the Annex to the Covenant, and Geneva had been selected as its permanent seat. The Secretary-General was authorized to start immediately the work of organizing the Secretariat and preparing for the first session of the Assembly. Since the San Francisco Conference did not select the first Secretary-General of the United Nations or determine the location of the seat of the Organization, it was necessary to provide some other kind of arrangement for initiating the necessary preparations incident to the establishment of the Organization.

The two principal tasks of the Commission are first, to study and make recommendations on certain questions which could not well be handled at San Francisco, and, second, to expedite the work of the new organization by thorough preparation for its initial meetings. Both tasks are of great importance but the second particularly so because of the extreme urgency of the many problems awaiting action by the General Assembly, the Security Council, the Economic and Social Council and other organs.

In order to make it possible to set up the Commission immediately, the instrument creating it was put in the form of an informal interim arrangement, with the provision that it come into effect on the day on which it was signed. It was signed at the same time as the Charter.

In view of the importance of the work to be done, it was decided to make the Commission fully representative of the Governments signatory to the Charter. It consists of one representative of each signatory Government. An Executive Committee is provided to exercise the functions and powers of the Commission when it is not in session. This Committee is composed of the same states as those which made up the Executive Committee of the Conference, namely Australia, Brazil, Canada, Chile, China, Czechoslovakia, France, Iran, Mexico, Netherlands, Union of Soviet Socialist Republics, United Kingdom, United States, and Yugoslavia.

The functions of the Commission fall into two groups, as mentioned above. The first includes: (1) formulation of recommendations concerning the possible transfer of certain functions, activities and assets of the League of Nations which it may be considered desirable for the United Nations to take over on terms to be arranged; (2) examination of problems involved in the establishment of the relationship between specialized intergovernmental organizations and agencies and the United Nations; and (3) preparation of studies and

recommendations concerning the location of the permanent headquarters of the United Nations.

The second group of functions includes: (1) convening the first session of the General Assembly; (2) preparing the provisional agenda for the first session of the principal organs of the United Nations, and preparing documents and recommendations, relating to all matters on these agenda; (3) issuance of invitations for the nomination of candidates for the International Court of Justice in accordance with the provisions of the Statute of the Court; (4) preparation 67 recommendations concerning arrangements for the Secretariat of the United Nations.

It was decided to locate the Commission in London. The Secretariat of the Commission headed by an Executive Secretary will be established there. The staff of the Secretariat is to be composed so far as possible of officials appointed for the purpose, on invitation of the Executive Secretary, by the participating Governments.

The Commission was to hold its first session in San Francisco immediately after the closing session of the Conference in order to perfect its organization and make plans for the carrying on of its work by the Executive Committee which will meet in the near future in London. The Executive Committee will call the Preparatory Commission into session again as soon as possible after the Charter of the United Nations has come into effect: Further sessions would be held if desirable, but it is hoped that the first sessions of the principal organs can be convened shortly after the ratification of the Charter.

The Commission will cease to exist upon the election of the Secretary-General of the United Nations, and its property and records will be transferred to the United Nations,

APPENDIX A

There follows, on the left hand pages of this Appendix, the complete text of tha Charter of the United Nations adopted at San Francisco. On the right hand facing pages of the Appendix, there appears the text of the proposals adopted at Dumbarton Oaks. The material has been set up in parallel form to facilitate comparison.

CHARTER OF THE UNITED NATIONS WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorro v to mankind, and to reaffirm faith in funda mental num in rights, in the dignit; and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

to promote social progress and better standards of life in la rger freedom, AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neighbors, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advance

ment of all peoples, HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMs.

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

CHAPTER I. PURPOSES AND PRINCIPLES

ARTICLE 1

The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a center for harmonizing the actions of nations in the attainment of these common ends.

ARTICLE 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.

2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter.

APPENDIX A

CISCO.

There follows, on the right hand pages of this Appendix, the text of the Proposals adopted at Dumbarton Oaks. On the left hand facing pages of the Appendix, there appears the complete text of The Charter of the United Nations adopted at San FranThe material has been set up in parallel form to facilitate comparison.

DUMBARTON OAKS PROPOSALS There should be established an international organization under the title of The United Nations; the Charter of which should contain provisions necessary to give effect to the proposals which follow.

CHAPTER I. PURPOSES

The purposes of the Organization should be: 1. To maintain international peace and security; and to that end to take effective collective measures for the prevention and removal of threats to the peace and the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means adjustment or settlement of international disputes which may lead to a breach of the peace;

2. To develop friendly relations among nations and to take other appropriate measures to strengthen universal peace;

3. To achieve international cooperation in the solution of international economic, sccial and other humanitarian problems; and

4. To afford a center for harmonizing the actions of nations in the achievement of these common ends.

CHAPTER II. PRINCIPLES In pursuit of the purposes mentioned in Chapter I the Organization and its members should act in accordance with the following principles:

1. The Organization is based on the principle of the sovereign equality of all peace-loving states.

2. All members of the Organization undertake, in order to ensure to all of them the rights and benefits resulting from membership in the Organization, to fulfill the obligations assumed by them in accordance with the Charter.

Charter of the United NationsContinued

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall 'refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

CHAPTER II. MEMBERSHIP

ARTICLE 3 The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.

ARTICLE 4 1. Membership in the United Nations is open to all other peace-loving 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.

ARTICLE 5 A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.

ARTICLE 6 A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

CHAPTER III. ORGANS

ARTICLE 7

1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.

2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

« ПредыдущаяПродолжить »