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thirds majority. This question, however, was not fully discussed since the Committee agreed to postpone consideration of the vote on this question until Committees I/2 and II/2 have made the final recommendations on the general question of expulsion.

The question of adding to the list of important questions the restoration of the rights of members was raised in the Committee. It was urged by several members that the restoration and suspension of rights were closely related questions and should be dealt with by the Assembly in the same manner. On the other hand, it was pointed out that in the Dumbarton Oaks Proposals only the Security Council has the right to restore the rights of members. Before the discussion of this point was fully developed this question was also referred to Committee II/2. In the event that the Assembly is given authority in this matter it will be taken up again by Committee II/1.

Procedure

(Chapter V, Section D)

The Committee recommends that the General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require, and that the method of convening such special sessions shall be specified in the Charter. It recommends that such sessions shall be convened by the Secretary-General at the request of the Security Council or of a majority of the members of the Organization. (See annex, item 8.)

The Committee recommends that the General Assembly should adopt its own rules of procedure and elect its president for each session and that the General Assembly should be empowered to set up such bodies and agencies as it deems necessary for the performance of its functions. (See annex, items 9 and 10.)

Matters Pending Before the Committee

In addition to the specific questions which have been deferred until other committees have acted and which are indicated earlier in this report, there are a number of amendments pending in other committees which grant new powers to the Assembly and also suggest that decisions on additional questions be made by special majorities. Should these amendments be adopted, Committee II/1 will consider the question of the voting majorities.

Among these questions are the revision of inapplicable treaties and requests by the General Assembly for advisory opinions from the International Court.

There is also pending before Committee II/4 a proposal for the creation of a Trusteeship Council. This proposal provides for the nomination of certain countries by the General Assembly to be represented on this Council. Should this be adopted, Committee II/1 may have to consider the method by which these nominations may be made.

ANNEX

TO REPORT OF RAPPORTEUR OF COMMITTEE 11/1

The English text embodying the recommendations of the Committee referred to in the Report of the Rapporteur and sent to the Coordination Committee is as follows:

1. Chapter V, Section A. Composition

The General Assembly shall consist of representatives of the members of the Organization. Each member may have not more than five representatives. 2. Chapter V, Section B, Paragraph 2. Admission of New Members The General Assembly may admit new members to the Organization upon the recommendation of the Security Council.

3. Chapter V, Section B, Paragraph 4. Elections by the General Assembly The General Assembly shall elect the non-permanent members of the Security Council and the members of the Economic and Social Council. It shall elect the Secretary-General of the Organization upon the recommendation of the Security Council, made by an affirmative vote of seven members. The General Assembly shall participate in the election of the judges of the International Court of Justice in accordance with the provisions of the Statute of the Court.

4.

Approved by the Committee and sent to Committee I/2 and to the Coordination Committee with the recommendation that it be inserted in Chapter X, 1, Term of Office of Secretary-General.

The Secretary-General shall be elected for a term of three years. He shall be eligible for reelection.

5. Chapter V, Section B, Paragraph 5. Apportionment of Expenses and Budgets

The General Assembly shall apportion the expenses among the members of the Organization. It shall consider and approve the budgets of the Organization as well as any financial and budgetary arrangements with specialized agencies brought into relationship with the Organization under the provisions of Chapter IX, Section A, paragraph 2.

6. Chapter V, Section C, Paragraph 1. Voting Rights

Each member of the Organization shall have one vote in the General Assembly. A member which is in arrears in the payment of its financial contributions to the Organization shall have no vote so long as its arrears amount to its contributions for two full years. The General Assembly may waive the penalty if it is satisfied that the reasons for delay in payment are beyond the control of the state in question.

7. Chapter V, Section C, Paragraph 2. Voting Majorities

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 rights and privileges of members; and budgetary questions, shall be made by a twothirds majority of those present and voting. The General Assembly shall decide by a majority of those present and voting all other questions including the determination of additional categories of questions to be decided by a two-thirds majority.

8. Chapter V, Section D, Paragraph 1. Annual and Special Sessions

The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convened

by the Secretary-General at the request of the Security Council or of a majority of the members of the Organization.

9. Chapter V, Section D, Paragraph 2. Rules of Procedure and Election of President

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

10. Chapter V, Section D, Paragraph 3.

Power To Set Up Bodies and Agencies

The General Assembly may set up such bodies and agencies as it deems necessary for the performance of its functions.

Second Report of Rapporteur of Committee II/1 to Commission II

Doc. 1092, June 19

The first report of Committee 1 of Commission II was considered by Commission II at its meeting of May 30. Since that time the Committee has met twice and now submits its final report.

Open Meetings of the Assembly

The Committee has discussed a proposal that the principle of free access to the sessions of the General Assembly by the public and press of the world be included in the Charter.

This proposal was supported by a number of delegations on the ground that the Assembly as an organ of world opinion should, from the moment of its establishment, declare its will to maintain with this world public opinion the most constant and close bonds. While expressing full agreement with the principle underlying this proposal, other delegations expressed the view that the question of open sessions should be dealt with as a procedural matter by the General Assembly itself.

The Committee adopted by unanimous vote the following motion:

That the Rapporteur of this Committee be instructed to state in his report that this Committee is of the opinion that regulations to be adopted at the first session of the General Assembly shall provide that, save in exceptional cases, the sessions of the General Assembly shall be open to the public and the press of the world.

It now submits this declaration for the approval of the Commission. Expenses of the Organization

(Chapter V, Section B, Paragraph 5, of the Dumbarton Oaks Proposals) The Committee discussed and approved a revision of the text of this paragraph which was referred to it by the Coordination Committee and which imposes a direct obligation on the members to bear the expenses of the Organization as apportioned by the General Assembly. In approving this text, the Committee took into account the view of the Advisory Committee of Jurists that this obligation should be clearly stated in the Charter. The text of this paragraph which had been previously approved by the Committee and which is referred to in its first report to the Commission provided only that the General Assembly should be empowered to apportion the expenses among the

members.

Admission of New Members

(Chapter V, Section B, Paragraph 2)

The Committee considered a revision of the text of this paragraph which was under consideration by the Coordination Committee in order to determine whether the power of the Assembly to admit new members on recommendation of the Security Council was in no way weakened by the proposed text.

The Committee was advised that the new text did not, in the view of the Advisory Committee of Jurists, weaken the right of the Assembly to accept or reject a recommendation for the admission of a new member, or a recommendation to the effect that a given state should not be admitted to the United Nations.

The Committee agreed that this interpretation should be included in its minutes as the one that should be given to this provision of the Charter, and on this basis approved the text as suggested by the Coordination Committee.

Election of the Elective Members of the Trusteeship Council by the General Assembly

(Chapter V, Section B, Paragraph 4)

The Committee recommends that the elected members of the Trusteeship Council shall be elected by the General Assembly. In doing so it approves a recommendation on this subject of Committee II/4.

Powers of the Assembly on Questions of Trusteeship

(New Paragraph To Be Added to Chapter V)

The Committee recommends that the General Assembly shall have power to approve the trusteeship agreements for areas not designated as strategic and to perform such other functions as are assigned to it in the chapter of the Charter on Trusteeship.

The Committee discussed the interpretation which should be given to the word "approve" in this recommendation. Many members expressed the view that the right to approve implies and includes the right to reject. The Committee recommends that the text of this provision shall fully safeguard the rights of the Assembly to approve the terms of these agreements and their alteration or amendment.

Voting Majority on Important Questions

(Chapter V, Section C, Paragraph 2)

The Committee recommends that the following be added to the list of important questions to be decided by the General Assembly by a two-thirds majority:

(1) Election of the elective members of the Trusteeship Council; (2) Questions relating to the operations of the Trusteeship System; (3) Expulsion of members from the Organization.

The Committee has now completed its work and has made recommendations to Commission II on all matters within its terms of ref

erence.

First Report of Subcommittee II/2/A to

Doc. 235, May 11

Committee II/2

Pursuant to the decision of Committee II/2 at its fourth meeting, the Chairman and Rapporteur appointed a subcommittee composed as follows: the Chairman, the Rapporteur, and Representatives of Australia, Belgium, Mexico, the United Kingdom, and the Union of Soviet Socialist Republics.

The Subcommittee, after extensive discussion, agreed to recommend to the full Committee that the following questions be taken, in the order indicated, as the basis for considering the principles raised by the various amendments which have been proposed to paragraph 1, Section B, Chapter V, of the Dumbarton Oaks Proposals:

(1) Should the General Assembly be precluded from making, on its own initiative, recommendations on any matter relating to the maintenance of international peace and security which is being dealt with by the Security Council?

(2) Should the Secretary-General be required to notify the General Assembly of any matter relating to the maintenance of international peace and security which is being dealt with by the Security Council, and also required to notify the General Assembly immediately the Security Council ceases to deal with any such matter?

(3) Should a procedure be adopted whereby the General Assembly, having received the Secretary-General's report, may determine that the Security Council has ceased to exercise its functions with regard to any matter relating to the maintenance of international peace and security which is being dealt with by the Security Council and proceed to make a recommendation or recommendations with. regard thereto?

(Should some further procedure be provided for deciding when the Security Council has ceased to deal with a matter, so that the Assembly may be in a position to make recommendations at once?)

(4) Should the General Assembly be able to require the Security Council to investigate situations which might seem to the Assembly likely to endanger world peace?

(5) Should the General Assembly be entitled to call the attention of the Security Council to situations which, in its opinion, are likely to endanger peace or are capable of doing so?

(6) Should the decisions of the Security Council on any matter relating to the maintenance of international peace and security be subject to ratification or veto by a fixed majority (such as three fourths or two thirds) of the General Assembly?

(7) Should the General Assembly be entitled to summon the members of the Security Council to appear before it to report on any measures the Security Council may have taken or may contemplate

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