mittee and the Director-General, the United States Delegation particularly sought to obtain the deletion of three paragraphs to which the United States representative in London had been strongly opposed. The United States Delegation was successful in enlisting the support of a majority of the Council for the deletion of two paragraphs, dealing respectively with the power of the Executive Committee to issue directives on policy to the Director-General and with the establishment of commissions of investigation. The United States Delegation was unsuccessful, however, in obtaining the deletion of a paragraph which provides that the Executive Committee should be so organized as to function continuously during the first year if the Committee should consider this to be necessary.

Finance. In connection with the financial provisions, the United States Delegation offered a complete redraft of the text set out in the draft suggestions. The redraft was felt desirable by the United States in order to accomplish the following chief purposes: (1) to make clear the obligation of members to pay the share of the administrative expenses allocated to them by the General Council; (2) to make clear that the share of operational and large-scale settlement expenditures allocated to each member would be contributed subjectto the requirements of the constitutional procedure of each member; and (3) to establish the possibility that the relationship agreement between the IRO and the United Nations would provide for the approval of the administrative budget of the IRO by the General Assembly. After some discussion, this article was generally approved. Membership. As for the new articles, the proposals offered by the United States were based on standard models in other constitutions. The proposed new article on entry into force was tied in with the United States amendment on membership and was designed to reflect the view of all delegations that procedures should be established to permit the swiftest possible creation of the Organization. It provided, therefore, that the constitution should come into force when it had been signed without reservation as to subsequent legislative acceptance or when instruments of acceptance had been deposited, on behalf of the governments of 15 signatory States. Related to this provision was that of the covering resolution put forward by the United States, according to which the constitution should be considered by the General Assembly at the second part of its First Session in September and, as adopted by the Assembly, be opened immediately thereafter for signature either with or without reservation as to subsequent legislative acceptance.

For lack of time, however, the new articles were not considered by the Council. The covering resolution provided, nevertheless, that such technical clauses as were necessary to complete the constitution from

be transmitted by him, as part of the Draft Constitution, to the Members of the United Nations.

Committee on finances. In line with the resolution on financial questions adopted by the Special Committee in London, the covering resolution as adopted by the Council established a Committee on the Finances of the International Refugee Organization, which was directed to meet in London as soon as possible after the close of the Second Session of the Council. This Committee was given the function of preparing provisional administrative and operational budgets for the first financial year of the Organization and scales according to which quota contributions to these budgets might be allocated equitably among the Members of the United Nations. The Committee was to submit its report to the President of the Council and to the SecretaryGeneral not later than July 20, 1946.

CONCLUSION

The achievement of the Council by the end of its Second Session was such as to establish the main lines of a constitution for the proposed International Refugee Organization; to lay down an orderly procedure by which the comments of all the Members of the United Nations could be brought to bear upon the draft instrument; to initiate active consideration of the important financial aspects of the problem; and to pave the way for expeditious action by the General Assembly at its next session. The succession of quick steps which had pressed one upon the other through the spring and which are still to be taken through the summer rendered impossible the perfection of detail. But the magnitude of the problem and the disastrous effect on human beings of any delay in its solution were overriding considerations which drove the negotiations steadily forward to an acceptable result.

IV. The Specialized Agencies

No more important functions are assigned in the United Nations Charter to the Economic and Social Council than its duties of coordinating the activities and policies of those public international agencies "having wide international responsibilities in the economic, social, cultural, educational, health and related fields"-known as the specialized agencies. Since these bodies-in many cases having executive authority operate within the broad philosophy of the United Nations, the Economic and Social Council must be in a position to work in the closest association with them. To make such association effective, the Council was authorized to enter into agreements with these agencies, defining the terms under which they are to be brought into relationship with the United Nations (articles 57 and 63). A major achievement of the Second Session of the Council was the arriving at such agreements with three of the important specialized agencies: the International Labor Organization, the Food and Agriculture Organization of the United Nations, and the United Nations Educational, Scientific and Cultural Organization.

BACKGROUND: THE NEGOTIATING COMMITTEE

The Economic and Social Council, at its First Session, set up procedures for establishing such relationships, which included the appointment of a Negotiating Committee of the Economic and Social Council, consisting of representatives of Belgium, Canada, Chile, China, Colombia, Czechoslovakia, France, Norway, the United Kingdom, the U.S.S.R. and the United States, with the President of the Economic and Social Council serving as Chairman of the Committee. An invitation was extended to five agencies-the International Labor Organization, the Food and Agriculture Organization, the United Nations Educational, Scientific and Cultural Organization, the International Bank for Reconstruction and Development, and the International Monetary Fund-to appoint committees for the purpose of negotiating an agreement. The International Bank and International Fund were not prepared to enter into negotiations at this time in view of the early stage of their own organizational work. However, discussions between the Committee of the Council and committees of the other agencies took place: with the International Labor Organization

Cultural Organization on June 3, and the Food and Agriculture Organization on June 6 and 8.

General

THE AGREEMENTS WITH FAO, ILO, AND UNESCO

The resulting agreements all follow a similar pattern. The provisions of these agreements fall into three groups:

(1) those establishing the fundamental relationship between the United Nations and the agencies, which include the articles recognizing the competence of the agencies in their particular fields; reciprocal representation; membership; proposal of agenda items; recommendations of the General Assembly and the Council; exchange of information and documents; relationship to Security Council, Trusteeship Council, International Court of Justice; budgetary and financial arrangements; and inter-agency agreements;

(2) those providing for administrative and technical cooperation, which include the articles on statistical services; headquarters and regional offices; personnel arrangements; administrative and technical services; financing of special services; liaison; and

(3) those establishing the status of the agreements themselves, which include articles on implementation of the agreements; revision; and entry into force.

Relationship Articles

The first group of articles, establishing the fundamental relationship between the United Nations and the agencies, is clearly the most important. The United Nations recognizes the competence of each agency in its field. Representatives of the United Nations are to be invited to attend and to participate without vote in the meetings of the agency. Reciprocally, representatives of the agencies are to be invited to attend, and participate without vote, in meetings of the Economic and Social Council and its commissions and committees, the General Assembly and its main committees, and the Trusteeship Council. These provisions as included in the agreements, however, do not provide for full reciprocity. All the activities of the United Nations would not be of concern or interest to any one of the specialized agencies. It seemed necessary, therefore, to limit participation by representatives of the agencies to items on the agenda in which they have an interest. Written statements and recommendations may be transmitted by an agency, through the United Nations Secretariat, to all members of the Assembly, the Council and its commissions and the Trusteeship Council as appropriate. A provision for exchange of agenda items makes it possible for each body to bring before the other those items which it considers important for consideration.

the General Assembly and the Economic and Social Council by the agencies constitutes one of the most important features of the agreements. While there is some variation in the different agreements, each agency agrees to submit promptly to its appropriate organ all formal recommendations made by the United Nations, to consult with the United Nations with respect to such recommendations, to report in due course to the United Nations upon action taken by the agency or by its members to give effect to such recommendations, and to cooperate with any future coordinating body of the United Nations. As one important means of cooperation, the United Nations and the agencies agree to exchange information regularly, including in particular regular reports from the agencies and any special information which may be requested. These agreements do not give the United Nations the right to control the policies of these agencies.

With regard to relations between the agencies and the other organs of the United Nations, each agency agrees to "cooperate with the Economic and Social Council in furnishing such information and rendering such assistance to the Security Council as that Council may request, including assistance in carrying out decisions of the Security Council for the maintenance or restoration of international peace and security." The representative of the U.S.S.R. on the Council's Negotiating Committee insisted that the specialized agencies should have no direct contact with other organs of the United Nations except through the Economic and Social Council. This view was not sustained by a majority of the Committee, which held that the Charter authorized the Trusteeship Council to appeal to any of the specialized agencies directly for assistance, and that in consequence, the Security Council should be in a position to do likewise. In all cases, it was understood that the specialized agencies would act on such requests in cooperation with the Economic and Social Council.

Acceptance of these agreements by the General Assembly will authorize the International Labor Organization and United Nations Educational, Scientific and Cultural Organization to ask the International Court for advisory opinions on certain legal questions, except on mutual relationships of the agency and the United Nations or other specialized agencies. Provisions were added to the agreement with the United Nations Educational, Scientific and Cultural Organization requiring prior approval by the Council of requests for advisory opinions. This restriction was not acceptable to the Food and Agriculture Organization Negotiating Committee and the article has been held open for later consideration.

An important article on budgetary and financial relationships was agreed upon. None of the agencies was yet prepared to accept a common budget with the United Nations. However, all the agree