of the old Court. This is a wise provision. But what is the present position?

Now, at one time or another 45 states exercised their options to make declarations under the old Statute. Not all of these states are members of the United Nations, and by no means all of the declarations are still in force. I remind the Commission also that 13 members of the United Nations were not parties to the old Statute. It appears the declarations under the old Statute, by about 20 states, will, by virtue of the provisions of the new Statute, be made applicable to the new Court. When this Charter comes into force, therefore, about 30 members of the United Nations will not be subject to what is called the compulsory jurisdiction of the Court in legal disputes.

During the discussions in the first Committee, those who urged a general and immediate acceptance of the jurisdiction of the Court were answered by an objection, the objection that, in practice, there would be little difference between compulsory jurisdiction established by virtue of the Charter itself, and compulsory jurisdiction voluntarily accepted by the individual members of the United Nations.

Now, Mr. President, whether that argument is valid or not will depend on the willingness of those 13 members to make declarations under Article 36 of the new Statute. The compromise adopted by the Committee is a great challenge to them. I express the earnest hope that the Commission will accept the Committee's recommendation that the Conference will unanimously support it, and that all the members of the United Nations will show their confidence in the new judicial organ they are establishing, by making these declarations speedily and by trusting to the Court full responsibility for finding a solution of any legal differences and disputes that may arise among them.

And finally, Mr. President, I desire to pay homage on behalf of the delegates, to you as President of the Commission, to his Excellency the Foreign Minister for Peru, as Chairman of the Committee, and the distinguished Rapporteur from Iraq, and to all the members of the Committee for the magnificent contribution they have made to the success of this Conference.

The legal profession is often under fire, especially from those whose only acquaintance with the legal profession is not altogether a pleasant one. Yet on an occasion like this, the work done by the lawyers and jurists from all over the world has been a leading feature of this great Conference. The fraternity and comradeship of the law has been evidenced again. The jurists acting on this Committee have shown that they are ministers of justice and ministers of international justice. I remember the phrase in the old law school song, sung boastingly, I have no doubt, because that is quite possible to lawyers as to everybody else in the community: "the law is the embodiment of everything that is excellent". That is the other point of view.

Mr. President, I venture to predict that after some years have passed the work of the jurists in the Committee at Washington, and the work of the jurists here in San Francisco, will be regarded as among the most enduring contributions to the cause of international peace and international justice.

PRESIDENT (Speaking in French; English version as delivered by interpreter follows): We certainly all share the ideas which were expressed by the Delegates from Iran and from Australia, and I shall now submit this recommendation to a vote. But first I should like to thank Dr. Evatt for the very kind words which he spoke about myself. I believe his praises go really to all members of this Commission, but I should like to make a special mention of the most valuable contribution which was made by the Delegation of Australia in general, and by Dr. Evatt in particular. It is quite true that he did not win all the battles he fought, but we pay him tribute for his courage, his oratory, and his energy, which have shown him to be one of the greatest debaters in this Conference.

I shall now ask you to take a vote on the text of the recommendation. If nobody wishes to speak, I shall consider this recommendation as unanimously adopted. (Adopted.)

I shall now submit to your approval the report of the Rapporteur, His Excellency Mr. Al-Farsy.17 His report is a real synthesis of all the work done in the Committee, and I should like again to pay tribute to the most excellent work he has done. If there is no remark, I shall consider the report as approved.

We now come to the report of Committee 2 of Commission IV. I shall call on the Chairman of the Committee, His Excellency Abdel Hamid Pasha Badawi, Minister of Foreign Affairs of Egypt, and of the Rapporteur of the Committee, His Excellency Mariano Argüello Vargas, Minister of Foreign Affairs of Nicaragua, and also the Secretary of the Committee. I shall now call on the Rapporteur.

RAPPORTEUR (speaking in Spanish; English version as delivered by interpreter follows): Mr. President, Honorable Delegates, Ladies and Gentlemen, Committee 2 of Commission IV has been charged with the preparation for inclusion in the Charter of certain draft provisions concerning the functioning of the Organization. The questions within its mandate have no counterpart in the Dumbarton Oaks Proposals. They include the registration and publication of treaties, treaty obligations inconsistent with the Charter, the juridical status of the Organization, the privileges and immunities of officials, and other legal questions of a similar nature.

The Committee held its first meeting on May 5 and has held a total of 16 meetings. Its drafting subcommittee has held a total of 15 meetings. The work of the Committee is now completed with results set forth more fully in the formal report which it is my privilege as Rapporteur to present at this session of the Commission. Two problems, the reconsideration of treaties and the development of international law, were the subject of some discussion in the Committee but were eventually postponed upon advice that they were already under consideration in other committees. One problem, the relation of international law and the Charter to internal law, was discussed at some length. When a motion to recommend the inclusion of a provision of the Charter failed to receive the necessary two-thirds majority, the question was referred to the subcommittee for consideration in connection with the study of other questions. Another problem, the interpretation of the Charter, was made

1 Doc. 913, Ante, p. 845.

the subject of a special report summarizing the Committee's conclusions. Five problems-privileges and immunities, registration and publication of treaties, obligations inconsistent with the Charter, juridical status of the Organization, and the coming into force of the Charter-became the subjects of recommended texts which have been transmitted to the Coordination Committee.

The conclusions of the Committee on all questions considered, together with the recommended texts and explanatory comments on all questions which constituted the subject of text and comment, will be found in the formal report.

Under the very capable and distinguished chairmanship of His Excellency Abdel Hamid Pasha Badawi, Chairman of the Delegation of Egypt, the delegates have had a free and full exchange of views on all fundamental questions. They have been fortunate in the wide resources of juridical learning and experience available within the membership of the Committee. Agreements upon the more difficult problems have been reached in a fine spirit of conciliation. The vital importance of constructive achievement has been uppermost in the minds of all delegations throughout the period of their collaboration.

Permit me to add that it has been a privilege and a pleasure to be associated with my colleagues of the United Nations in this great enterprise and that I express again my appreciation of the honor done to my country, Nicaragua, by appointing me the Rapporteur of Committee 2 of this Commission.

With these observations, Mr. President, it is my privilege as Rapporteur to present a formal report of Committee 2 to the Commis

sion.

PRESIDENT (Speaking in French; English version as delivered by interpreter follows): I should like, first of all, to thank the Rapporteur for the remarks which he made and for the report which he submitted. This report has been circulated in both languages and I suppose it is not necessary to read it now. I shall, therefore, open discussion on every one of the questions dealt with by the second Committee. The texts to be included in the Charter will now be read to you.

We shall, first of all, take the question of privileges and immunities and I shall ask the Executive Officer to read the texts dealing with the privileges and immunities of the International Organization and its officials.

EXECUTIVE OFFICER: The Committee recommends for inclusion in the Charter the following text on the subject of privileges and immunities:

I. (1) The Organization shall enjoy in the territory of each of its members such privileges and immunities as are necessary to the fulfilment of its purposes.

(2) Representatives of the members of the Organization and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary to the independent exercise of their functions in connection with the Organization.

II. The General Assembly may make recommendations with a view to determining the details of the application of the foregoing provisions or may propose conventions to the members of the Organization for this purpose. PRESIDENT (speaking in French; English version as delivered by interpreter follows): Any remarks? Approved.

We now come to the question of registration and publication of treaties.

EXECUTIVE OFFICER: The Committee recommends for inclusion in the Charter the following text:

1. Every treaty and every international agreement entered into by any member of the Organization after the coming into force of the Charter shall as soon as possible be registered with the Secretariat and published by it.

2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of this article may invoke that treaty or agreement before any organ of the Organization.

PRESIDENT (speaking in French; English version as delivered by interpreter follows): Any remarks? Approved. We now come to obligations inconsistent with the Charter.

EXECUTIVE OFFICER: The Committee recommends for inclusion in the Charter the following text:

In the event of any conflict arising between the obligations of members of the Organization under the Charter and their obligations under any other international agreement the former shall prevail.

PRESIDENT (Speaking in French; English version as delivered by interpreter follows): No remarks? Approved.

And finally we come to the juridical status of the Organization. EXECUTIVE OFFICER: The Committee recommends the following for inclusion in the Charter:

The Organization shall enjoy in the territory of each of its members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

PRESIDENT (speaking in French; English version as delivered by interpreter follows): No remarks? Approved.

EXECUTIVE OFFICER: There still remain clauses concerning the coming into force of the Charter.

The article recommended by the Committee for inclusion in the Charter on this subject is as follows:

1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.

2. The ratification shall be deposited with the Government of the United States of America which shall notify all the signatory states of each deposit. 3. As soon as ratifications have been deposited by each of the states entitled to a permanent seat on the Security Council and by a majority of the other signatory states, the Charter shall come into force for those states which have deposited their ratifications.

4. The Charter shall come into force for each of the other signatory states on the day of the deposit of its ratification.

PRESIDENT (Speaking in French; English version as delivered by interpreter follows): No remarks? Approved.

I now submit for your consideration the whole of the report submitted by the Committee. If there is no remark, I shall consider the report as unanimously approved.

Now that we have unanimously approved the texts proposed by Committee 2, I wish to add a few words. I should, first of all, like to express our greatest thanks to His Excellency Pasha Badawi, whose deep knowledge of law, whose deep wisdom we were able to appreciate and in which we saw the real tradition of his own great country.

I wish also to express our gratitude to my friend, the Minister of Foreign Affairs of Nicaragua, Dr. Argüello Vargas, for the considerable amount of work which he did for the Committee, and I wish also to thank the Secretary of the Committee and all of the staff as well as all those who sat on that Committee. The Committee had very many sessions very often at night, either in plenary session or in subcommittees, and all the members worked tirelessly to find a solution for problems in which we were all interested and all of which were extremely difficult.

After we have been able to appreciate the work done by Committee 1, I think we may say that the work done by Committee 2 does great credit to all the members of that Committee, and we certainly all wish that the spirit which guided them in their work may still inspire them in the application of the texts which we have just adopted.

I also want to extend my thanks to the Executive Officer of the Commission, Mr. Padelford. From the very first day I saw how patient and competent and capable he was, and I wish to pay tribute to the qualities which he showed from the beginning and which were a great help to me.

I also want to extend thanks to Mr. Abraham, who gave most valuable cooperation in the work of the Commission. These words are not merely formal, they are very sincere. I want to say how all the members of the committees and of the commissions have been animated by that spirit to which I just referred, and which must go on inspiring both the Conference and the governments and the peoples of the world assembled here to establish peace on that basis of fraternity and law and justice, which is absolutely indispensable if we want to avoid the repetition of such a catastrophe as that from which we are now partially emerging. We must realize that victory in Europe is only one half of the victory which we want to win over the spirit of evil and aggression and injustice in the world. Commission IV was essentially juridical, that is to say, it worked mostly on principles, the highest and the purest principles, and we must realize that when the world went into its present state of chaos it was because it had forgotten those principles.

It is only by defending them again that we can escape in the future from the horrors of terrible modern warfare. I am sure I voice the feelings of you all if I express my absolute confidence in the faith of mankind, in the future concord which will obtain among all powers great and small, and in the spirit of man who must condemn all weakness in himself and who must exalt all that is divine in him. I should like again to express my thanks for the confidence which you have shown to me in the course of our work, and I now declare the meeting closed.

Report of President of Commission IV to Plenary

Doc. 1171, June 23

Session

To Commission IV, the presidency of which it has been my honor to occupy, was given the responsibility of the vast and complex task of studying every aspect of the judicial organization of the United Nations.