The text of the redraft of Chapter V, Section B, paragraph 1, submitted by the four sponsoring governments and France is as follows, with two changes indicated by italicizing: 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 and to make recommendations to the governments or to the Security Council on such principles. 2. The General Assembly should have the right 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 to the governments or to the Security Council or both with regard to any such 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 have the right to call the attention of the Security Council to situations which are likely to endanger international peace or security. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it under this Charter, the General Assembly should not make any recommendation with regard to that dispute or situation unless the Security Council so requests. The Secretary-General shall be required, with the consent of the Security Council, to notify the General Assembly at each session of any matters relative to the maintenance of international peace or security which are being dealt with by the Security Council and also to notify the General Assembly immediately the Security Council ceases to deal with such matters. Second Report of Subcommittee II/2/B to Doc. 677, May 29 Committee II/2 Committee II/2/B, composed of the Chairman, the Rapporteur, and Representatives of Australia, Belgium, Mexico, the United Kingdom, the Union of Soviet Socialist Republics, and the United States, met in order to prepare a redraft of paragraph 8, Section B, Chapter V. After consideration of the provisions of paragraph 8, Section B, Chapter V, of Dumbarton Oaks and questions relating to that paragraph to which Committee II/2 had given an affirmative answer, the Subcommittee agreed to submit the following redraft to Committee II/2: 8. The General Assembly should receive and consider annual and special reports from the Security Council; such reports should include an account of the measures which the Security Council has adopted or applied to maintain international peace and security. Subject to the provisions of paragraph 1 of this Section, the General Assembly should be empowered: (a) to approve or disapprove in whole or in part any report from the Security Council and to make any recommendations or observations thereon; (b) to submit recommendations to the Security Council with a view to insuring complete observance of the duties of the Security Council inherent in its responsibility to maintain international peace and security. The General Assembly should receive and consider reports from the other bodies of the Organization and may make any recommendations or observations thereon. The Subcommittee was of the view that the right to "consider" encompasses the right to "discuss" and that, with this interpretation incorporated in the record, it was unnecessary to include the word "discuss" in the text of paragraph 8. 665605-46 -40 Third Report of Subcommittee II/2/B to Doc. 792, June 5 Subcommittee II/2/B composed of the Chairman, the Rapporteur, and the Representatives of Australia, Belgium, Mexico, the United Kingdom, the Union of Soviet Socialist Republics, and the United States met to prepare a redraft of paragraph 6, Section B, Chapter V, on the basis of the amendments proposed by the four sponsoring governments and approved by Committee II/2 at its third meeting on May 9, 1945 (Doc. 203, II/2/8), and the questions relating to paragraph 6 to which Committee II/2 gave an affirmative answer at its tenth meeting on May 21 (Doc. 507, II/2/22). The Subcommittee agreed to submit alternative redrafts to Committee II/2. This decision was taken because some members of the Committee felt that paragraph 6 should specifically state that the Assembly should be empowered to initiate studies and make recommendations for promoting the revision of international law since the Committee had voted affirmatively on this question at its tenth meeting. Other members were of the opinion that the question of revision was covered by the statement in the amendment proposed by the four sponsoring governments that the Assembly should initiate and make recommendations for the encouragement of the development of international law especially when the word "progressive" was added, as proposed in the second alternative. The first alternative was supported by five, the second alternative by three members of the Committee. First Alternative Second Alternative (Differences in wording between the alternative texts are italicized) 6. The General Assembly should initiate studies and make recommendations for the purpose of promoting international cooperation in political, economic, social and cultural fields to assist in the realization of human rights and basic freedoms for all without distinction as to race, language, religion, or sex and also for the codification of international law, the encouragement of its development and the promotion of its revision. (New paragraph to follow paragraph 6:) Subject to the provisions of paragraph 1 of this Section, the General Assembly should be empowered to recommend measures for the peaceful adjustment of any situations, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the Purposes and Principles set forth in this Charter. 6. The General Assembly should initiate studies and make recommendations for the purpose of promoting international cooperation in political, economic, social and cultural fields to assist in the realization of human rights and basic freedoms for all without distinction as to race, language, religion, or sex and also for the encouragement of the progressive development of international law and for its codification. (New paragraph to follow paragraph 6:) Subject to the provisions of paragraph 1 of this Section, the General Assembly should be empowered to recommend measures for the peaceful adjustment of any situations, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the Purposes and Principles set forth in this Charter. Joint Report of Subcommittees II/2/B and III/1/C to Committees II/2 and III/11 Doc. 920, June 12 PARAGRAPH 8, SECTION B, CHAPTER V, AS AMENDED, OF The drafting subcommittee of Committee II/2 (Subcommittee II/2/B) and a special subcommittee constituted for the purpose by Committee III/1 (Subcommittee III/1/C) met jointly on June 11, 1945 to consider the problem of paragraph 8 of Section B, Chapter V, which had been referred back to Committee II/2 by the Steering Committee "for consultation by it with Committee III/1, and if necessary or desirable with Committee III/3, in order that there be prepared a jointly agreed upon redraft of the paragraph under reference which relates to the matter of receipt and consideration by the General Assembly of reports of the Security Council." Dr. V. K. Wellington Koo, the Chairman of Subcommittee III/1/C, acted as Chairman of the meeting at the request of the two subcommittees and continued to do so at the request of Mr. Victor Andrade, Chairman of Subcommittee II/2/B, who joined the meeting after attending the meeting of Commission II. The full membership of both subcommittees was present, as follows: Subcommittee II/2/B: Australia, Belgium, Mexico, Union of Soviet Socialist Republics, United Kingdom, United States of America, Chairman (Bolivia), Rapporteur (Dominican Republic). Subcommittee III/1/C: Brazil, China, France, Norway, Union of South Africa, Union of Soviet Socialist Republics, United Kingdom, United States of America. It was decided that voting would be done by separate roll calls of the two subcommittees, recording and reporting the vote of each subcommittee separately, and also showing the combined total results. It was voted to recommend the following text of paragraph 8, Section B, Chapter V, to Committee II/2 and Committee III/1 to be jointly agreed upon by them as a redraft of the said paragraph: 8. The General Assembly should receive, consider, and discuss annual and special reports from the Security Council; such reports should include an account of the measures which the Security Council has adopted or applied to maintain international peace and security. The General Assembly should receive and consider reports from the other bodies of the Organization and may make any recommendations or observations thereon. The vote on adoption of this recommendation was as follows: This vote was taken after a statement by the Delegate of Norway that he had all along supported the South African-Soviet text (which was the text adopted as quoted above) on the distinct understanding that the General Assembly also when considering a report from the Security Council has the right to make recommendations on matters not being dealt with by the Security Council, and the Soviet Delegate agreed. The Rapporteur of Committee II/2/B (Dominican Republic) stated that his affirmative vote was on the understanding stated by the Delegate of Norway. Preceding the vote reported above, the Joint Subcommittee rejected by a combined vote of 10 negative against 6 affirmative an amended text proposed by the Member from Mexico, which reads as follows: The General Assembly should receive and consider annual and special reports from the Security Council, and, subject to the provisions of paragraph 1 of this Section, may make recommendations to the Security Council thereon; such reports should include an account of the measures which the Security Council has adopted or applied to maintain international peace and security. The General Assembly should receive and consider reports from the other bodies of the Organization and may make any recommendations or observations thereon. 1. The task entrusted to our Committee was "to prepare and recommend to Commission II draft provisions for the Charter of the United Nations relating to matters dealt with in Chapter V of the Dumbarton Oaks Proposals on political and security functions (especially Section B), and to the comments and suggestions relevant thereto submitted by the governments participating in the Conference." 2. The terms of reference, therefore, cover paragraphs 1, 3, and 6 (so far as concerns questions of political cooperation and of adjustment of situations likely to impair the general welfare), together with paragraph 8 of Section B and the second paragraph of the Chinese proposals. 3. At its meeting of May 10, the Committee agreed, after considering the letter sent to its Chairman by the President of Commission II, to transfer to Committee I/2 the consideration of the conditions for suspension, restoration, and expulsion dealt with in paragraph 3, and to retain for its own consideration questions of procedure in these matters. 4. The Committee has held 25 meetings, on May 4, 7, 9, 10, 11, 14, 15, 16, 18, 21, 23, 24, 25, 28, 29, 30, and June 1, 2, 4, 6, 7, 13, 16 (2), and 20. At its first meeting, the Committee decided on the general organization of its work. The basic documents of the Committee were as follows: (a) the Dumbarton Oaks Proposals; (b) the second paragraph of the Chinese proposals; (c) amendments presented by the sponsoring governments and France; (d) amendments or comments presented by governments participating in the Conference. II. Grouping of the Suggested Amendments 5. At the second meeting (May 7), general discussion relating to paragraph 1, Section B, Chapter V, was begun. There was no voting on any of the amendments submitted, but the discussion revealed the need for a grouping or classification of all the suggested amendments in relation to the texts which had been referred to the Committee for study. This task was assigned to the officers of the Committee, and the classification they proposed was submitted to the Committee at its third meeting on May 9 (Doc. 171, II/2/7; Doc. 176, II/2/7 (1); Doc. 325, II/2/7 (1) (a); Doc. 271, II/2/7 (2); Doc. 399, II/2/7 (2) (a)). III. Method for Discussion of Amendments; Functions of Subcommittee A 6. Upon resuming general discussion of paragraph 1, Section B, Chapter V, the question arose of adopting an order of discussion, and it was decided to adopt the method followed by Committee IV/2 (Doc. 153, IV/2/5), which consisted of presenting to the Committee a series of questions based on the groups of amendments submitted by the different governments and drafted with the greatest care. 7. Following this decision, the Committee also agreed that the Chairman and the Rapporteur should set up a subcommittee to draft this questionnaire, including in it the points raised at the fourth meeting on May 10 by the Delegate of Australia. This subcommittee, known as Subcommittee A, was composed of the Delegates of Australia, Belgium, Mexico, the United Kingdom, and the Soviet Union, in addition to the Chairman and the Rapporteur. IV. Questionnaires Presented by Subcommittee A 8. In the fifth meeting of the Committee on May 11 the first report of Subcommittee A was presented (Doc. 235, II/2/A/1). It dealt with Groups I, II, III, and IV of the classification contained in Doc. 171, II/2/7, regarding the amendments proposed for paragraph 1. 'Ante, p. 611. |