Изображения страниц
PDF
EPUB

I should like to defer the discussion of that particular topic, Mr. Chairman, until we come to the paragraph under the Security Council. The CHAIRMAN. Very well. Proceed.

Mr. PASVOLSKY. In addition to the question of general principles of cooperation, the General Assembly may take up for discussion any question which relates to the maintenance of international peace and security. That is, any Member of the United Nations, any Member of the Organization, or the Security Council itself may ask the General Assembly to consider any question that may arise in connection with the maintenance of international peace and security.

These questions, as will be seen from a later article, relate not only to actual disputes, but they relate also to situations the continuance of which may threaten the peace, may lead to disputes, or may lead to international friction. Any such question can be brought to the attention of the General Assembly, and the General Assembly may discuss any such question.

Non-Member states also are given the right to bring to the attention of the General Assembly, or of the Security Council as will be indicated later on, any dispute to which they may be parties. There is a limitation on that provision, to which I shall refer shortly, but that is another source from which questions arising in connection with the maintenance of international peace and security may be brought to the attention of the General Assembly.

In its activities with regard to such questions, there are two limitations imposed on the General Assembly. One is that since primary responsibility for action with respect to the maintenance of international peace and security is placed in the Security Council, the Assembly, when it deals with a question on which action might be necessary, should refer this question to the Security Council either before or after its own discussion of it. The General Assembly may not only refer a question, but it may call the attention of the Security Council to situations which are likely to endanger international peace and security.

The right of the Assembly to discuss, consider, and debate any question relating to the maintenance of international peace and security is absolute. Nobody can stop it. No rule is contained in this Charter which can prevent that or which gives the Security Council authority to prevent it. The language here is:

While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.

The purpose of that is that it has seemed unwise to run the risk of a situation in which recommendations for the settlement of disputes or for dealing with disputes would be made at the same time by the General Assembly and by the Security Council. It was thought wise to limit the recommendatory power of the Assembly, in contradistinction to its deliberative power, by this condition.

The Secretary General of the Organization is enjoined to notify · the General Assembly, when he is authorized to do so by the Security Council, at each session of the General Assembly of any matters relating to the maintenance of international peace and security which are being dealt with by the Security Council. So the General Assem

bly would know when it is proper for it and wise for it to carry the discussion of a question to the point of a recommendation.

Similarly, the Secretary General is enjoined to notify the General Assembly immediately the Security Council ceases to deal with a situation. In other words, if the Security Council, having dealt with a situation, decides to dispose of it and, therefore, no longer deals with it, then the Assembly is free to make recommendations with respect to it. That situation becomes clear when the Secretary General notifies the General Assembly that the Security Council is no longer dealing with a particular situation.

There is one other provision here, however, which is very important.

Senator AUSTIN. May I interrupt for a question, Mr. Chairman? The CHAIRMAN. Senator Austin.

Senator AUSTIN. Assuming the Security Council has made a recommendation, if it arrives at the decision that the condition it is investigating is not a threat to security and peace, the foundation thereupon is laid for the General Assembly to take jurisdiction?

Mr. PASVOLSKY. That is right. If the Security Council decides that it does not wish to deal with the situation or finds is unnecessary to deal with it in terms of recommendation, then the Assembly is free to make a recommendation.

Senator MILLIKIN. Mr. Chairman, may I ask a question?

The CHAIRMAN. Senator Millikin.

Senator MILLIKIN. I am not indicating the likelihood of anything of this kind, but the Security Council could block off all "hot" subjects and thus keep them out of the jurisdiction of the General Assembly.

Mr. PASVOLSKY. The language here is:

While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter ** *

Senator MILLIKIN. The duty would be on the Council to exercise its function?

Mr. PASVOLSKY. That is right.

Senator MILLIKIN. But that could be, as Senator Barkley says, a very slow race. I am not implying the likelihood of anything of that kind, but it would be within the power of the Security Council to give very slow consideration to any subject it wanted to keep from the consideration of the Assembly.

Mr. PASVOLSKY. That is right, but it would not prevent the Assembly from discussing and debating that question, and it would not prevent the Assembly from calling the attention of the Security Council to a situation which it considers as likely to endanger international peace and security.

Senator MILLIKIN. Is it a convenient place, Doctor, for you to tell us about the investigatory powers of the Assembly? I am perfectly willing to defer the question if this is not a good time to take it up. Mr. PASVOLSKY. I wonder if we could defer that question until we come to chapter VII.

The Council is in continuous session, as I shall explain later. It is in continuous session because situations threatening peace may arise at any time. The Assembly is not in continuous session. The Assem

bly meets once a year or more frequently in special sessions if it is called for that purpose.

Under the provisions of this chapter, the Assembly can be called into special session by the Secretary General at the request of the Security Council or of a majority of the Members of the Organization. In order to make it possible for the General Assembly to deal with a situation with which the Security Council no longer deals, if the majority of its Members think that the Assembly should deal with it, there is a provision written into article 12 to the effect that if the Assembly is not in session, the Secretary General shall notify all the Members of the United Nations immediately the Security Council ceases to deal with a situation.

Thus it would be possible, if the majority of the Members of the Organization decide that they would like to have a situation with which the Security Council no longer deals, discussed and debated and acted upon, possibly in terms of a recommendation by the General Assembly-it would be possible for a majority of the Members to have the General Assembly called into special session for that purpose.

Senator LUCAS. Do I understand, Doctor, that if the General Assembly calls such a special meeting, the Security Council would then lose jurisdiction of the subject matter?

Mr. PASVOLSKY. No; the Security Council can always take jurisdiction of a question.

Senator LUCAS. That was my understanding. Maybe I misunderstood you.

Mr. PASVOLSKY. It is a question of when the Assembly can take jurisdiction.

Senator LUCAS. What happens to the Security Council if the Assembly does take jurisdiction? Do they both continue, then, to discuss it? Mr. PASVOLSKY. No. The Security Council informs the Secretary General, and the Secretary General informs the General Assembly, or the Members of the Organization, if the General Assembly is not in session, that the Security Council is no longer dealing with a particular question; and then the Assembly can deal with that question not only in terms of discussion, consideration, and debate, but also in terms of a formal recommendation.

Senator HILL. Suppose the Security Council had before it a question and then advised the Assembly that it had finished its discussion and consideration of the matter, and the Assembly took the question under consideration and discussion, and then the Security Council decided that it would go into the question further itself and take it up further itself. Would the Assembly lose its jurisdiction over the question?

Mr. PASVOLSKY. Then the Security Council would have to inform the Assembly that it was resuming its dealing with the question. Senator HILL. Then the Assembly could not make any recommendation?

Mr. PASVOLSKY. But could continue to discuss it.

Senator HILL. It could continue to discuss it but could not make formal recommendation?

Mr. PASVOLSKY. But could not make formal recommendation; that is right.

Senator LUCAS. The only time they make a recommendation is when they have complete jurisdiction?

Mr. PASVOLSKY. That is right; when the Security Council is not dealing with it.

The CHAIRMAN. All right. Proceed to the next article, Doctor.

Mr. PASVOLSKY. Articles 13 and 14 relate to another field of the Assembly's activity, and its primary field. This is the field of creating conditions in which the maintenance of peace and security would be possible and in which humanity can progress by joint effort and action. Article 13 states:

The General Assembly shall initiate studies and make recommendations for the purpose of:

a. promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;

b. promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

That is a tremendously broad assignment to the General Assembly, and the powers given to it are the powers of study, examination, and recommendation.

The detailed functions of the General Assembly with respect to the second part of the article, that I have just read-namely, economic, social, cultural, and related activities, and the question of human rights and fundamental freedoms are spelled out in greater detail in subsequent chapters, and I should like, Mr. Chairman, if I may, to come back to them later.

The CHAIRMAN. Very well.

Senator BURTON. Before you leave that, Dr. Pasvolsky, dealing with that first paragraph, which has to do with the development of international law and its codification, is that the place in the Charter where there is the most direct reference to the building of an international code of law?

Mr. PASVOLSKY. This is a direct reference. There are references in the Charter to international law earlier in the text, particularly in the chapter on the Purposes and Principles of the Organization; but this is the central place.

Senator BURTON. Referring, therefore, to specific action, it would originate with the General Assembly. If they wished to have a code of international law, they would initiate a study and make recommendation?

Mr. PASVOLSKY. That is right. They would initiate studies. They could set up commissions, if they wanted to, set up necessary bodies, make necessary recommendations, and possibly even work out proposals for submission to the Member States.

The CHAIRMAN. Article 14.

Mr. PASVOLSKY. Article 14 is, from the point of view of the General Assembly, the counterpart of the primary function assigned to the Security Council. The Security Council has primary responsibility for dealing with situations which relate to the maintenance of international peace and security. Article 14 gives the General Assembly the function and the power of recommending measures for the peaceful adjustment of any situation regardless of origin which it deems likely to impair the general welfare or friendly relations among nations.

The CHAIRMAN. Right there I want to say that the credit for the adoption of the phrase "regardless of origin" is due the Senator from

75608 45-17

Michigan, Mr. Vandenberg. That phrase was the subject of a good deal of discussion and debate in the committee of which the Senator was a member. "Regardless of origin" is an all-embracing phrase and opens up to the discussion in the Assembly almost any question that has arisen since Adam and Eve were in the Garden. I think it is a very wise one and a very good one. I want to give the credit at this point to Senator Vandenberg for that phrase, "regardless of origin."

Senator VANDENBERG. You are very kind, Mr. Chairman.

The CHAIRMAN. Whatever the origin, the question can be discussed. I hope you will pardon me for that reference.

Mr. PASVOLSKY. The criterion here is a criterion of impairment of the general welfare or friendly relations among nations; and there are included here situations resulting from a violation of the provisions of the present Charter setting forth the purposes and principles of the United Nations. This is the first place we come to where specific use is made of the Chapter on Purposes and Principles in order to lay down the guiding rules of action and behavior for the Organization and its Members.

Under the terms of this provision the General Assembly has the power to make recommendations as to measures which should be taken for the peaceful adjustment of any such situation which is likely to impair the general welfare or friendly relations among nations, irrespective of whether or not such a situation may threaten international peace and security. If the situation is of such a nature that it may threaten international peace and security, then articles 11 and 12 apply, and the General Assembly, instead of taking action itself, would have to refer the situation to the Security Council. But if a question of the maintenance of international peace and security is not involved, then the General Assembly is completely free to perform this vastly important function of helping the world to operate on the basis of stability and justice and fair dealing.

Senator VANDENBERG. Would it not be fair to say that this article assures us against any static world?

Mr. PASVOLSKY. I think it definitely does.

In the next article the General Assembly is given the power to receive reports—

The CHAIRMAN. Senator Austin wants to ask you a question.

Senator AUSTIN. Does the record show that the subject of existing treaties was discussed in connection with this article?

Mr. PASVOLSKY. Oh, yes. The phrase "regardless of origin" obviously relates to treaties or to any other conditions which may cause the sort of situation that is envisaged here.

Senator AUSTIN. Then this article undertakes to make the General Assembly a sort of court of review of such treaties as now exist; is that right?

The CHAIRMAN. I would not say that.

Mr. PASVOLSKY. Not a court of review of treaties, but a court of review of situations arising out of whatever conditions have been brought about, either by treaties or in other ways.

Senator AUSTIN. Does the record indicate that this power includes the power to recommend the modification of treation 2

« ПредыдущаяПродолжить »