5. Arrangements for the regulation of armaments and the manufacture of and traffic in arms.

6. Structure and functions of an armaments and security commission.

7. Interim arrangements pending the effective functioning in the field of security of the general organization.

APPENDIX 41

March 10, 1949 55

Example of Bracketing

An example of bracketing is shown below by tracing the development during the Conversations of three sentences of paragraph 9, Section B, Chapter VIII of the Dumbarton Oaks Proposals.

September 4 draft:

"There should be a military committee the functions of which should be to advise and assist the council on all questions relating to the employment [and command] of forces placed at the disposal of the council [and relating to the regulation of armaments and armed forces]. [It should be responsible under the council for the strategic direction of any armed forces placed at the disposal of the council.] The committee should be composed [initially] of the Chiefs of Staff of the permanent members of the council or their representatives. September 10 draft:

"There should be a military committee the functions of which should be to advise and assist the council on all questions relating to the council's military requirements for the maintenance of peace and security, to the employment [and command] of forces placed at its disposal, to disarmament and to the regulation of armaments. [It should be responsible under the council for the strategic direction of any armed forces placed at the disposal of the council.] The Committee should be composed of the Chiefs of Staff of the permanent members of the council or their representatives.

September 20 draft:

"There should be a Military Staff Committee the functions of which should be to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of peace and security, to the employment and command of forces placed at its disposal, [to disarmament] and to the regulation of armaments. It should be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. The Committee should be composed of the Chiefs of Staff of the permanent members of the Security Council or their representatives.

.

Final draft as it appeared in the Proposals:

"There should be established a Military Staff Committee the functions of which should be to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, to the employment and command of forces placed at its

55 Compilation prepared for this book.

disposal, to the regulation of armaments, and to possible disarmament. It should be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. The Committee should be composed of the Chiefs of Staff of the permanent members of the Security Council or their representatives.

Compromise Proposal

APPENDIX 42 September 13, 1944 56

C. VOTING

1. Each member of the Security Council should have one vote.

2. Decisions with respect to the following matters should be taken by majority vote including the concurring votes of the permanent members of the Security Council:

a. All decisions coming under Section VIII-B, entitled "Determination of Threats to the Peace, Acts of Aggression, or any Breaches of the Peace, and Action with Respect Thereto", and under Section VIII-C, entitled "Regional Arrangements."

b. All matters relating to [disarmament] and regulation of armaments. c. Recommendations to the General Assembly with regard to admission of new members, suspension and restoration of rights of membership, and expulsion of members.

d. Establishment by the Security Council of its subsidiary bodies or agencies. 3. Decisions under Section VIII-A, entitled "Pacific Settlement of Disputes", should be taken by majority including the concurring votes of the permanent members of the Council, but excluding the votes of such member or members of the council as are parties to the dispute. 4. All other decisions should be taken by

majority vote.

APPENDIX 43 October 7, 1944

[The Dumbarton Oaks] Proposals for the Establishment of a General International Organization

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

Informal paper developed during Dumbarton Oaks Conversations.

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, social 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.

3. All members of the Organization shall settle their disputes by peaceful means in such a manner that international peace and security are not endangered.

4. All members of the Organization shall refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the Organization.

5. All members of the Organization shall give every assistance to the Organization in any action undertaken by it in accordance with the provisions of the Charter.

6. All members of the Organization shall refrain from giving assistance to any state against which preventive or enforcement action is being undertaken by the Organization.

The Organization should ensure that states not members of the Organization act in accordance with these principles so far as may be necessary for the maintenance of international peace and security.

CHAPTER III. Membership

1. Membership of the Organization should be open to all peace-loving states.

CHAPTER IV. Principal Organs

1. The Organization should have as its principal organs:

a. A General Assembly;

b. A Security Council;

c. An international court of justice; and

d. A Secretariat.

2. The Organization should have such subsidiary agencies as may be found necessary.

CHAPTER V. The General Assembly

Section A. Composition

All members of the Organization should be members of the General Assembly and should have a number of representatives to be specified in the Charter. Section B. Functions and Powers

1. The General Assembly should have the right to consider the general principles of cooperation in the maintenance of international peace and security,

including the principles governing disarmament and the regulation of armaments; to discuss any questions relating to the maintenance of international peace and security brought before it by any member or members of the Organization or by the Security Council; and to make recommendations with regard to any such principles or questions. Any such questions on which action is necessary should be referred to the Security Council by the General Assembly either before or after discussion. The General Assembly should not on its own initiative make recommendations on any matter relating to the maintenance of international peace and security which is being dealt with by the Security Council.

2. The General Assembly should be empowered to admit new members to the Organization upon recommendation of the Security Council.

3. The General Assembly should, upon recommendation of the Security Council, be empowered to suspend from the exercise of any rights or privileges of membership any member of the Organization against which preventive or enforcement action shall have been taken by the Security Council. The exercise of the rights and privileges thus suspended may be restored by decision of the Security Council. The General Assembly should be empowered, upon recommendation of the Security Council, to expel from the Organization any member of the Organization which persistently violates the principles contained in the Charter.

4. The General Assembly should elect the non-permanent members of the Security Council and the members of the Economic and Social Council provided for in Chapter IX. It should be empowered to elect, upon recommendation of the Security Council, the Secretary-General of the Organization. It should perform such functions in relation to the election of the judges of the international court of justice as may be conferred upon it by the statute of the court.

5. The General Assembly should apportion the expenses among the members of the Organization and should be empowered to approve the budgets of the Organization.

6. The General Assembly should initiate studies and make recommendations for the purpose of promoting international cooperation in political, economic and social fields and of adjusting situations likely to impair the general welfare. 7. The General Assembly should make recommendations for the coordination of the policies of international economic, social, and other specialized agencies brought into relation with the Organization in accordance with agreements between such agencies and the Organization.

8. The General Assembly should receive and consider annual and special reports from the Security Council and reports from other bodies of the Organization.

Section C. Voting

1. Each member of the Organization should have one vote in the General Assembly.

2. Important decisions of the General Assembly, including recommendations with respect to the maintenance of international peace and security; election of members of the Security Council; election of members of the Economic and Social Council; admission of members, suspension of the exercise of the rights and privileges of members, and expulsion of members; and budgetary questions, should be made by a two-thirds majority of those present and voting. On other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, the decisions of the General Assembly should be made by a simple majority vote.

Section D. Procedure

1. The General Assembly should meet in regular annual sessions and in such special sessions as occasion may require.

2. The General Assembly should adopt its own rules of procedure and elect its President for each session.

3. The General Assembly should be empowered to set up such bodies and agencies as it may deem necessary for the performance of its functions.

Section A. Composition

CHAPTER VI. The Security Council

The Security Council should consist of one representative of each of eleven members of the Organization. Representatives of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, the Republic of China, and, in due course, France, should have permanent seats. The General Assembly should elect six states to fill the non-permanent seats. These six states should be elected for a term of two years, three retiring each year. They should not be immediately eligible for reelection. In the first election of the non-permanent members three should be chosen by the General Assembly for one-year terms and three for two-year terms. Section B. Principal Functions and Powers

1. In order to ensure prompt and effective action by the Organization, members of the Organization should by the Charter confer on the Security Council primary responsibility for the maintenance of international peace and security and should agree that in carrying out these duties under this responsibility it should act on their behalf.

2. In discharging these duties the Security Council should act in accordance with the purposes and principles of the Organization.

3. The specific powers conferred on the Security Council in order to carry out these duties are laid down in Chapter VIII.

4. All members of the Organization should obligate themselves to accept the decisions of the Security Council and to carry them out in accordance with the provisions of the Charter.

5. In order to promote the establishment and maintenance of international peace and security with the least diversion of the world's human and economic resources for armaments, the Security Council, with the assistance of the Military Staff Committee referred to in Chapter VIII, Section B, paragraph 9, should have the responsibility for formulating plans for the establishment of a system of regulation of armaments for submission to the members of the Organization. Section C. Voting

The question of voting procedure in the Security Council is still under

(NOTE. consideration.)

Section D. Procedure

1. The Security Council should be so organized as to be able to function continuously and each state member of the Security Council should be permanently represented at the headquarters of the Organization. It may hold meetings at such other places as in its judgment may best facilitate its work. There should be periodic meetings at which each state member of the Security Council could if it so desired be represented by a member of the government or some other special representative.