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The Court must, before doing so, satisfy itself, not only that it has jurisdiction in accordance with Articles 36 and 37, but also that the claim is well founded in fact and law.

Article 54

When, subject to the control of the Court, the agents, advocates and counsel have completed their presentation of the case, the President shall declare the hearing closed.

The Court shall withdraw to consider the judgment.

The deliberations of the Court shall take place in private and remain secret.

Article 55

All questions shall be decided by a majority of the judges present at the hearing. In the event of an equality of votes, the President or his deputy shall have a casting vote.

Article 56

The judgment shall state the reasons on which it is based.

It shall contain the names of the judges who have taken part in the decision.

Article 57

If the judgment does not represent in whole or in part the unanimous opinion of the judges, dissenting judges are entitled to deliver a separate opinion.

Article 58

The judgment shall be signed by the President and by the Registrar. It shall be read in open Court, due notice having been given to the agents.

Article 59

The decision of the Court has no binding force except between the parties and in respect of that particular case.

Article 60

The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.

Article 61

An application for revision of a judgment can be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.

The proceedings for revision will be opened by a judgment of the Court expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

The application for revision must be made at latest within six months of the discovery of the new fact.

No application for revision may be made after the lapse of ten years from the date of the sentence.

Article 62

Should a State consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene as a third party.

It shall be for the Court to decide upon this request.

Article 63

Whenever the construction of a convention to which States other than those concerned in the case are parties is in question, the Registrar shall notify all such States forthwith.

Every State so notified has the right to intervene in the proceedings: but if it uses this right, the construction given by the judgment will be equally binding upon it.

Article 64

Unless otherwise decided by the Court, each party shall bear its own costs.

CHAPTER IV

ADVISORY OPINIONS

Article 65

Questions upon which the advisory opinion of the Court is asked shall be laid before the Court by means of a written request, signed either by the President chairman of the Assembly or the President of the executive council of the League of Nations general international organization, or by the Secretary General directorgeneral of the League general international organization under instructions from the Assembly or the executive council.

The request shall contain an exact statement of the question upon which an opinion is required, and shall be accompanied by all documents likely to throw light upon the question.

Article 66

1. The Registrar shall forthwith give notice of the request for an advisory opinion to the Members of the League of Nations general international organization, through the Secretary General director-general of the League general international organization, and to any States entitled to appear before the Court. The Registrar shall also, by means of a special and direct communication, notify any Member of the League general international organization or State admitted to appear before the Court or international organization considered by the Court (or, should it not be sitting, by the President) as likely to be able to furnish information on the question, that the Court will be prepared to receive, within a time-limit to be fixed by the President, written statements, or to hear, at a public sitting to be held for the purpose, oral statements relating to the question.

Should any Member or State referred to in the first paragraph have failed to receive the communication specified above, such Member or State may express a desire to submit a written statement, or to be heard; and the Court will decide. 2. Members, States, and organizations having presented written or oral statements or both shall be admitted to comment on the statements made by other Members, States, or organizations in the form, to the extent and within the time-limits which the Court, or, should it not be sitting, the President, shall decide in each particular case. Accordingly, the Registrar shall in due time communicate any such written statements to Members, States, and organizations having submitted similar statements.

Article 67

The Court shall deliver its advisory opinions in open Court, notice having been given to the Secretary General director-general of the League of Nations general international organization and to the representatives of Members of the League general international organization, of States and of international organizations immediately concerned.

Article 68

In the exercise of its advisory functions, the Court shall further be guided by the provisions of the Statute which apply in contentious cases to the extent to which it recognizes them to be applicable.

Chapter V

Amendment

Article 69

Amendments to this Statute, proposed by the general assembly of the general international organization acting by majority vote, shall become effective when ratified in accordance with their constitutional processes by two-thirds of the members of the organization, including all of the states having continuing tenure on the executive council.

APPENDIX 59 April 19, 1945

Memorandum for the President

Charter for the International Organization

The American Delegation to the United Nations Conference on International Organization is unanimously agreed that we should propose a few alterations in the Dumbarton Oaks Proposals during the San Francisco Conference. We will reserve our final positions on all of these, of course, until we learn the views of other governments. I am listing below for your information the most important points involved:

Purposes

1. Inclusion of a statement that the organization should act in accordance with the principles of justice and equity in adjusting or settling disputes, and that the organization should foster the development of international law.

2. Inclusion of a statement on the promotion of respect for human rights and fundamental freedoms (in the Dumbarton Oaks Proposals this is stated in the chapter on economic and social cooperation only).

Principles

1. Change the expression "sovereign equality of peace-loving states" to "the sovereign equality of all member states".

2. Make clearer that members must refrain from using any but peaceful means in settling their disputes and must use such means pursuant to the provisions of the Charter.

The General Assembly

1. Clarify to show that the General Assembly can at all times discuss any question bearing on the maintenance of peace and security, and that the limitation on its power to make recommendations concerning matters which are being dealt with by the Security Council should be confined to specific recommendations. 2. Give the General Assembly power to determine the qualifications of membership, and to admit new members by its own action unless the Security Council interposes objections for reasons of security.

3. Apportionment by the General Assembly of expenses among the members should be on the basis of an appropriate pro-ration.

4. Add to recommendatory powers, so can make recommendations relative to the promotion of measures to establish justice, to foster the observance of human rights and fundamental freedoms, and to encourage the development of rules of international law.

5. Extend power to recommend measures for peaceful adjustment to include situations likely to violate the principles enunciated in the Atlantic Charter and situations arising out of any treaties or international engagements.

The Security Council

1. Eliminate provision that regional subcommittees of the Military Staff Committee can be established.

Maintenance of Peace and Security

1. Propose that the exclusion from the scope of the Security Council in peaceful settlement of matters within the domestic jurisdiction of a state should be stated without the present qualification that those matters must be ones which "by international law" are "solely" within domestic jurisdiction.

Amendments

We should hold to the present proposals, but serious consideration is being given to proposing or supporting a possible additional provision to the following effect:

"A general conference of the members of the United Nations may be held at a date and place to be fixed by a two-thirds vote of the General Assembly with the concurrence of the Security Council, for the purpose of reviewing the Charter. Each member shall have one vote in the Conference. Any alterations of the Charter recommended by a two-thirds vote of the Conference shall take effect when ratified in accordance with their respective constitutional processes by the members of the organization having permanent membership on the Security Council and by a majority of the other members of the Organization”.

Questions deferred

We have been considering, but have deferred, making decisions on the following questions:

1. Wording of the Preamble.

2. Defining the right of self-defense.

3. Possible changes in the wording in the chapter on economic and social cooperation.

4. Possible withdrawal provision.

E. R. STETTINIUS, Jr.

APPENDIX 60

March 28, 1945 72

Memorandum

It is recommended that at the San Francisco Conference the four inviting powers should retain their character as sponsoring governments in the presentation of suggestions and recommendations which they may individually or severally have to bring before the Conference. This will make for a more orderly procedure and avoid the appearance of lack of support by the sponsoring governments of the agreements already reached.

Such a procedure would be in keeping with the spirit which has enabled the principal United Nations to act in agreement on the many basic and fundamental questions represented by the Dumbarton Oaks Proposals.

In order to implement this procedure it is proposed that the four sponsoring governments should agree among themselves that any substantial changes which any of them may have to suggest to the Conference should only be brought forward after consultation among the four governments.

This should not be construed, however, in a restrictive sense. Each government should be free, in the course of commission or committee discussions, to make recommendations and suggestions designed to improve the charter so long as they are within the framework of the Dumbarton Oaks Proposals. Moreover, each government would obviously have the right, in the course of such discussions, to comment without prior consultation on proposals or suggestions which may be advanced by other participating governments.

Department of State,

Washington.

APPENDIX 61 May 2, 1945 3

Changes in Dumbarton Oaks Proposals as Suggested by the United States Delegation

[NOTE: Amendments are shown by italicizing added passages and using canceled type for deleted passages.]

CHAPTER I: PURPOSES

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, and with due regard for principles of justice and international law, adjustment or settlement of international disputes which may lead to a breach of the peace.

72 Transmitted by the Department of State to the British, Soviet and Chinese Embassies on the same date.

73 Communicated on same date to British, Soviet, and Chinese Delegations at the San Francisco Conference.

843388-49- -44

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