Public International LawDocuments & Materials

edited by Michał Stępień

27th February 2019

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Public International LawDocuments & Materials

edited by Michał Stępień

27th February 2019

2

This collection is made with LATEX2ε.

Collected and edited by Michał Stępień (michal.stepien@uwr.edu.pl).

Cover art: Ratification of the Peace of Münster between Spain and the Dutch Republicin the town hall of Münster, 15 May 1648 by Gerard ter Borch, 1648Details and license: http://commons.wikimedia.org/wiki/File:Westfaelischer_Friede_in_Muenster_%28Gerard_Terborch_1648%29.jpgDescription of picture, website ofThe Rijksmuseum, https://www.rijksmuseum.nl/en/collection/SK-C-1683:

This depicts an exceptionally important historical moment: when the Dutch andSpanish ratified a peace treaty ending a war that had lasted 80 years.The event tookplace on 15 May 1648 in the town hall of the German city of Münster. The Dutchdelegates are at the left, the Spanish ones at the right. Before them on the tableare two copies of the treaty, which were placed in the little chests and delivered toMadrid andThe Hague.

Sixth edition

http://www.tug.org/texlive/mailto:michal.stepien@uwr.edu.plhttp://commons.wikimedia.org/wiki/File:Westfaelischer_Friede_in_Muenster_%28Gerard_Terborch_1648%29.jpghttp://commons.wikimedia.org/wiki/File:Westfaelischer_Friede_in_Muenster_%28Gerard_Terborch_1648%29.jpghttps://www.rijksmuseum.nl/en/collection/SK-C-1683https://www.rijksmuseum.nl/en/collection/SK-C-1683

Contents

United Nations Charter 1945 . . . . . . . . . . . . . . . . . . . . . . . . . 8Chapter I – Purposes and Principles . . . . . . . . . . . . . . . . . . . . 9Chapter II – Membership . . . . . . . . . . . . . . . . . . . . . . . . . 10Chapter III – Organs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Chapter IV –The General Assembly . . . . . . . . . . . . . . . . . . . 11Chapter V –The Security Council . . . . . . . . . . . . . . . . . . . . . 14Chapter VI – Pacific Settlement of Disputes . . . . . . . . . . . . . . . . 17Chapter VII – Action with Respect toThreats to the Peace, Breaches of the

Peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Chapter VIII – Regional Arrangements . . . . . . . . . . . . . . . . . . 21Chapter IX – International Economic and Social Co-operation . . . . . 22Chapter X –The Economic and Social Council . . . . . . . . . . . . . . 23Chapter XI – Declaration Regarding Non-Self-Governing Territories . . 26Chapter XII – International Trusteeship System . . . . . . . . . . . . . 27Chapter XIII – The Trusteeship Council . . . . . . . . . . . . . . . . . . 30Chapter XIV –The International Court of Justice . . . . . . . . . . . . 31Chapter XV –The Secretariat . . . . . . . . . . . . . . . . . . . . . . . 32Chapter XVI – Miscellaneous Provisions . . . . . . . . . . . . . . . . . 33Chapter XVII – Transitional Security Arrangements . . . . . . . . . . . 34Chapter XVIII – Amendments . . . . . . . . . . . . . . . . . . . . . . . 34Chapter XIX – Ratification and Signature . . . . . . . . . . . . . . . . . 35

Kellogg-Briand Pact 1928 (General Treaty for the Renunciation of War) . 37

Resolution 2625 (XXV) of the un General Assembly. Declaration onPrinciples of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the UnitedNations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Resolution 1483 (2003) of the un Security Council on situation in Iraq . 48

Resolution 1973 (2011) of the un Security Council on situation in Libya . 57

4 CONTENTS

Membership in the United Nations . . . . . . . . . . . . . . . . . . . . . 64Current Members of the the United Nations . . . . . . . . . . . . . . . 64Examples of acts on membership in the United Nations . . . . . . . . . 70

Resolution of the un Security Council on membership of Slovakia 70Resolution of the un General Assembly on representation of China 70Resolution of the un Security Council on membership of South

Sudan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70Non-membership in the United Nations . . . . . . . . . . . . . . . . . 71

Resolution of the un General Assembly. Observer status of thePalestine Liberation Organization . . . . . . . . . . . . . . 71

Resolution of the un General Assembly. Participation of Palestine inthe work of the United Nations . . . . . . . . . . . . . . . 71

Resolution of the un General Assembly on status of Palestine in theUnited Nations . . . . . . . . . . . . . . . . . . . . . . . . 73

Resolution of the un General Assembly on Participation of the HolySee in the work the United Nations . . . . . . . . . . . . . 77

Statute of the International Court of Justice . . . . . . . . . . . . . . . . 80Chapter I – Organization of The Court . . . . . . . . . . . . . . . . . . 80Chapter II – Competence of The Court . . . . . . . . . . . . . . . . . . 87Chapter III – Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 89Chapter IV – Advisory Opinions . . . . . . . . . . . . . . . . . . . . . 94Chapter V – Amendment . . . . . . . . . . . . . . . . . . . . . . . . . 95

Convention for the Pacific Settlement of International Disputes (Hague I)(1899) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

Convention for the Pacific Settlement of International Disputes (Hague I)(1907) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Vienna Convention on the Law of Treaties 1969 . . . . . . . . . . . . . . 130

Vienna Convention on Succession of States in Respect of Treaties 1978 . 159

Responsibility of States for Internationally Wrongful Acts – ILC Draft2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

Vienna Convention on Diplomatic Relations 1961 . . . . . . . . . . . . . 197

Vienna Regulation concerning the precedence of Diplomatic Agents 1815 213

Vienna Convention on Consular Relations 1963 . . . . . . . . . . . . . . 215

CONTENTS 5

United Nations Convention on the Law of the Sea 1982 . . . . . . . . . . 246Part I – Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247Part II – Territorial sea and contiguous zone . . . . . . . . . . . . . . . 248Part III – Straits used for international navigation . . . . . . . . . . . . 258Part IV – Archipelagic States . . . . . . . . . . . . . . . . . . . . . . . . 262Part V – Exclusive economic zone . . . . . . . . . . . . . . . . . . . . . 266Part VI – Continental shelf . . . . . . . . . . . . . . . . . . . . . . . . . 277Part VII – High seas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281Part VIII – Regime of islands . . . . . . . . . . . . . . . . . . . . . . . 292Part IX – Enclosed or semi-enclosed seas . . . . . . . . . . . . . . . . . 292Part X – Right of access of land-locked States to and from the sea and

freedom of transit . . . . . . . . . . . . . . . . . . . . . . . . . . . 293Part XI –The Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295Part XII – Protection and preservation of the marine environment . . . 329Part XIII – Marine scientific research . . . . . . . . . . . . . . . . . . . 347Part XIV – Development and transfer of marine technology . . . . . . . 356Part XV – Settlement of disputes . . . . . . . . . . . . . . . . . . . . . . 360Part XVI – General provisions . . . . . . . . . . . . . . . . . . . . . . . 370Part XVII – Final provisions . . . . . . . . . . . . . . . . . . . . . . . . 371Annex I – Highly migratory species . . . . . . . . . . . . . . . . . . . . 382Annex II – Commission on the Limits of the Continental Shelf . . . . . 383Annex III – Basic conditions of prospecting, exploration and exploitation 386Annex IV – Statute of the Enterprise . . . . . . . . . . . . . . . . . . . 408Annex V – Conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . 417Annex VI – Statute of the International Tribunal for the Law of the Sea . 420Annex VII – Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . 431Annex VIII – Special arbitration . . . . . . . . . . . . . . . . . . . . . . 435Annex IX – Participation by international organizations . . . . . . . . . 438Agreement relating to the Implementation of Part XI of the United Nations

Convention on the Law of the Sea of 10 December 1982 . . . . . . 442

Declaration respecting Maritime Law 1856 . . . . . . . . . . . . . . . . . 461

Declaration concernig the Law of Naval War 1909 (London Declaration) 463

International Covenant on Civil and Political Rights 1966 . . . . . . . . 479

Convention for the Protection of Human Rigths and FundamentalFreedoms 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498

Internation Bill of Human Rights – The Universal Declaration of HumanRights 1948 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514

Nürnberg Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521

6 CONTENTS

Convention on the Prevention and Punishment of the Crime of Genocide1948 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment 1984 . . . . . . . . . . . . . . . . . . . . . . 528

Rome Statute of the International Criminal Court 1998 . . . . . . . . . . 542Part 1. Establishment of the Court . . . . . . . . . . . . . . . . . . . . . 543Part 2. Jurisdiction, admissibility and applicable law . . . . . . . . . . . 544Part 3. General principles of criminal law . . . . . . . . . . . . . . . . . 560Part 4. Composition and administration of the Court . . . . . . . . . . 565Part 5. Investigation and prosecution . . . . . . . . . . . . . . . . . . . 576Part 6. The trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585Part 7. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596Part 8. Appeal and revision . . . . . . . . . . . . . . . . . . . . . . . . . 597Part 9. International cooperation and judicial assistance . . . . . . . . . 600Part 10. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612Part 11. Assembly of States Parties . . . . . . . . . . . . . . . . . . . . . 616Part 12. Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617Part 13. Final clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618Resolution 1422 (2002) of the un Security Council . . . . . . . . . . . . 622Resolution 1593 (2005) of the un Security Council . . . . . . . . . . . . 622

Various documents on recognition & statehood . . . . . . . . . . . . . . 625Resolution 216 (1965) of the un Security Council . . . . . . . . . . . . 625Resolution 277 (1970) of the un Security Council . . . . . . . . . . . . 625Resolution 514 (1983) of the un Security Council . . . . . . . . . . . . . 628Resolution 550 (1984) of the un Security Council . . . . . . . . . . . . 630Protocol No 10 on Cyprus . . . . . . . . . . . . . . . . . . . . . . . . . 630Resolution 1244 (1999) of the un Security Council . . . . . . . . . . . . 632Letter from the President and Prime Minister of the Republic of Kosovo,

Dated 17 February 2008, sent to all un members . . . . . . . . . . 639Norwegian Royal Decree adopted by the King in Council on 28 March

2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640Russian Federation, Decree No 1260 on the Recognition of the Republic of

Abkhazia, 26 August 2008 . . . . . . . . . . . . . . . . . . . . . . 644Joint Statement on Georgia by Foreign Ministers of Canada, France,

Germany, Italy, Japan, the United States and the United Kingdom,27 August 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 644

Montevideo Convention on the Rights and Duties of States 1933 . . . . 645Institut de Droit International Law, Resolutions Concerning the

Recognition of New States and New Governments 1936 . . . . . . 647

CONTENTS 7

Declaration on the “Guidelines on the Recognition ofNew States in EasternEurope and in the Soviet Union” of 16 December 1991 . . . . . . . 649

The President’s of the Russian Federation letter to the un Secretary-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650

Telegram about independence of Poland . . . . . . . . . . . . . . . . . 650Control Council – Law No. 46 – Abolition of the State of Prussia . . . . 651Lateran Pacts 1929 – Conciliation Treaty . . . . . . . . . . . . . . . . . 653

European Convention on State Immunity 1972 . . . . . . . . . . . . . . . 662Chapter I – Immunity from jurisdiction . . . . . . . . . . . . . . . . . 662Chapter II – Procedural rules . . . . . . . . . . . . . . . . . . . . . . . 666Chapter III – Effect of Judgment . . . . . . . . . . . . . . . . . . . . . . 668Chapter IV – Optional provisions . . . . . . . . . . . . . . . . . . . . . 670Chapter V – General provisions . . . . . . . . . . . . . . . . . . . . . . 672Chapter VI – Final provisions . . . . . . . . . . . . . . . . . . . . . . . 674Annex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677ADDITIONAL PROTOCOL . . . . . . . . . . . . . . . . . . . . . . . 677

TheNorth Atlantic Treaty 1949 . . . . . . . . . . . . . . . . . . . . . . . . 683

Treaty of Münster 1648 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687

Treaty for Cession of Alaska 1867 . . . . . . . . . . . . . . . . . . . . . . 721

Polish Constitution 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 724

United Nations Charter 1945

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

to save succeeding generations from the scourge of war, which twice in our lifetimehas brought untold sorrow to mankind, and

to reaffirm faith in fundamental human rights, in the dignity and worth of thehuman person, in the equal rights of men and women and of nations large andsmall, and

to establish conditions under which justice and respect for the obligations arisingfrom treaties and other sources of international law can be maintained, and

to promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neigh-bours, and

to unite our strength to maintain international peace and security, and

to ensure, by the acceptance of principles and the institution of methods, thatarmed force shall not be used, save in the common interest, and

to employ international machinery for the promotion of the economic and socialadvancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESEAIMS.

Accordingly, our respective Governments, through representatives assembled inthe city of San Francisco, who have exhibited their full powers found to be in goodand due form, have agreed to the present Charter of the United Nations and do herebyestablish an international organization to be known as the United Nations.

9

Chapter IPurposes and Principles

Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effectivecollective measures for the prevention and removal of threats to the peace, andfor the suppression of acts of aggression or other breaches of the peace, and tobring about by peacefulmeans, and in conformity with the principles of justice andinternational law, adjustment or settlement of international disputes or situationswhich might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principleof equal rights and self-determination of peoples, and to take other appropriatemeasures to strengthen universal peace;

3. To achieve international co-operation in solving international problems of an eco-nomic, social, cultural, or humanitarian character, and in promoting and encour-aging respect for human rights and for fundamental freedoms for all without dis-tinction as to race, sex, language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of thesecommon ends.

Article 2

TheOrganization and its Members, in pursuit of the Purposes stated in Article 1, shallact in accordance with the following Principles.

1. TheOrganization is based on the principle of the sovereign equality of all its Mem-bers.

2. All Members, in order to ensure to all of them the rights and benefits resultingfrom membership, shall fulfill in good faith the obligations assumed by them inaccordance with the present Charter.

3. All Members shall settle their international disputes by peaceful means in sucha manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or useof force against the territorial integrity or political independence of any state, orin any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takesin accordance with the present Charter, and shall refrain from giving assistanceto any state against which the United Nations is taking preventive or enforcementaction.

10 Chapter II – Membership

6. The Organization shall ensure that states which are not Members of the UnitedNations act in accordance with these Principles so far as may be necessary for themaintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize the United Nations tointervene in matters which are essentially within the domestic jurisdiction of anystate or shall require the Members to submit such matters to settlement under thepresent Charter; but this principle shall not prejudice the application of enforce-ment measures under Chapter VII.

Chapter IIMembership

Article 3

The original Members of the United Nations shall be the states1which, having particip-ated in the United Nations Conference on International Organization at San Francisco,or having previously signed the Declaration by United Nations of 1 January 1942, signthe present Charter and ratify it in accordance with Article 110.

Article 4

1. Membership in the United Nations is open to all other peace-loving states whichaccept the obligations contained in the present Charter and, in the judgment ofthe Organization, are able and willing to carry out these obligations.

2. The admission of any such state to membership in the United Nations will beeffected by a decision of the General Assembly upon the recommendation of theSecurity Council.

Article 5

AMember of the United Nations against which preventive or enforcement action hasbeen taken by the Security Council may be suspended from the exercise of the rightsand privileges of membership by the General Assembly upon the recommendationof the Security Council. The exercise of these rights and privileges may be restored bythe Security Council.

Article 6

A Member of the United Nations which has persistently violated the Principles con-tained in the present Charter may be expelled from the Organization by the GeneralAssembly upon the recommendation of the Security Council.

1Belarus, Ukraine and India are also original members of the un. Their sovereignty was limited when theun Charter entered into force.

11

Chapter IIIOrgans

Article 7

1. There are established as the principal organs of the United Nations: a GeneralAssembly, a Security Council, an Economic and Social Council, a TrusteeshipCouncil, an International Court of Justice and a Secretariat.

2. Such subsidiary organs as may be found necessary may be established in accord-ance with the present Charter

Article 8

The United Nations shall place no restrictions on the eligibility of men and womento participate in any capacity and under conditions of equality in its principal andsubsidiary organs.

Chapter IVThe General Assembly

Composition

Article 9

1. The General Assembly shall consist of all the Members of the United Nations.

2. Each Member shall have not more than five representatives in the GeneralAssembly.

Functions and Powers

Article 10

TheGeneral Assemblymay discuss any questions or anymatters within the scope of thepresent Charter or relating to the powers and functions of any organs provided for inthe present Charter, and, except as provided in Article 12, maymake recommendationsto the Members of the United Nations or to the Security Council or to both on anysuch questions or matters.

Article 11

1. The General Assembly may consider the general principles of co-operation in themaintenance of international peace and security, including the principles govern-ing disarmament and the regulation of armaments, and may make recommenda-tions with regard to such principles to the Members or to the Security Council orto both.

12 Chapter IV –The General Assembly

2. The General Assembly may discuss any questions relating to the maintenanceof international peace and security brought before it by any Member of the UnitedNations, or by the Security Council, or by a state which is not a Member of theUnited Nations in accordance with Article 35, paragraph 2, and, except as providedin Article 12, may make recommendations with regard to any such questions tothe state or states concerned or to the Security Council or to both. Any suchquestion on which action is necessary shall be referred to the Security Council bythe General Assembly either before or after discussion.

3. The General Assembly may call the attention of the Security Council to situationswhich are likely to endanger international peace and security.

4. The powers of the General Assembly set forth in this Article shall not limit thegeneral scope of Article 10.

Article 12

1. While the Security Council is exercising in respect of any dispute or situationthe functions assigned to it in the present Charter, the General Assembly shallnot make any recommendation with regard to that dispute or situation unless theSecurity Council so requests.

2. The Secretary-General, with the consent of the Security Council, shall notify theGeneral Assembly at each session of any matters relative to the maintenanceof international peace and security which are being dealt with by the SecurityCouncil and shall similarly notify the General Assembly, or the Members of theUnited Nations if the General Assembly is not in session, immediately the SecurityCouncil ceases to deal with such matters.

Article 13

1. The General Assembly shall initiate studies and make recommendations for thepurpose of:

a. promoting international co-operation in the political field and encouragingthe progressive development of international law and its codification;

b. promoting international co-operation in the economic, social, cultural, educa-tional, and health fields, and assisting in the realization of human rights andfundamental freedoms for all without distinction as to race, sex, language, orreligion.

2. The further responsibilities, functions and powers of the General Assembly withrespect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IXand X.

Chapter IV –The General Assembly 13

Article 14

Subject to the provisions of Article 12, the General Assembly may recommend meas-ures for the peaceful adjustment of any situation, regardless of origin, which it deemslikely to impair the general welfare or friendly relations among nations, including situ-ations resulting from a violation of the provisions of the present Charter setting forththe Purposes and Principles of the United Nations.

Article 15

1. The General Assembly shall receive and consider annual and special reports fromthe Security Council; these reports shall include an account of the measures thatthe Security Council has decided upon or taken to maintain international peaceand security.

2. The General Assembly shall receive and consider reports from the other organsof the United Nations.

Article 16

The General Assembly shall perform such functions with respect to the internationaltrusteeship system as are assigned to it under Chapters XII and XIII, including theapproval of the trusteeship agreements for areas not designated as strategic.

Article 17

1. The General Assembly shall consider and approve the budget of the Organization.

2. The expenses of the Organization shall be borne by the Members as apportionedby the General Assembly.

3. The General Assembly shall consider and approve any financial and budgetaryarrangements with specialized agencies referred to in Article 57 and shall examinethe administrative budgets of such specialized agencies with a view to makingrecommendations to the agencies concerned.

Voting

Article 18

1. Each member of the General Assembly shall have one vote.

2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include:recommendations with respect to the maintenance of international peace andsecurity, the election of the non-permanent members of the Security Council, theelection of the members of the Economic and Social Council, the election of mem-

14 Chapter V –The Security Council

bers of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86,the admission of newMembers to the United Nations, the suspension of the rightsand privileges of membership, the expulsion of Members, questions relating to theoperation of the trusteeship system, and budgetary questions.

3. Decisions on other questions, including the determination of additional categoriesof questions to be decided by a two-thirds majority, shall be made by a majorityof the members present and voting.

Article 19

A Member of the United Nations which is in arrears in the payment of its financialcontributions to the Organization shall have no vote in the General Assembly if theamount of its arrears equals or exceeds the amount of the contributions due from itfor the preceding two full years.The General Assembly may, nevertheless, permit sucha Member to vote if it is satisfied that the failure to pay is due to conditions beyondthe control of the Member.

Procedure

Article 20

TheGeneralAssembly shallmeet in regular annual sessions and in such special sessionsas occasion may require. Special sessions shall be convoked by the Secretary-Generalat the request of the Security Council or of a majority of the Members of the UnitedNations.

Article 21

TheGeneral Assembly shall adopt its own rules of procedure. It shall elect its Presidentfor each session.

Article 22

The General Assembly may establish such subsidiary organs as it deems necessary forthe performance of its functions.

Chapter VThe Security Council

Composition

Article 23

1. The Security Council shall consist of fifteen Members of the United Nations. TheRepublic of China, France, the Union of Soviet Socialist Republics, the United

Chapter V –The Security Council 15

Kingdom of Great Britain and Northern Ireland, and the United States of Americashall be permanent members of the Security Council. The General Assembly shallelect ten other Members of the United Nations to be non-permanent membersof the Security Council, due regard being specially paid, in the first instance to thecontribution ofMembers of theUnitedNations to themaintenance of internationalpeace and security and to the other purposes of the Organization, and also toequitable geographical distribution.

2. The non-permanent members of the Security Council shall be elected for a termof two years. In the first election of the non-permanent members after the increaseof the membership of the Security Council from eleven to fifteen, two of the fouradditional members shall be chosen for a term of one year. A retiring membershall not be eligible for immediate re-election.

3. Each member of the Security Council shall have one representative.

Functions and Powers

Article 24

1. In order to ensure prompt and effective action by the United Nations, its Mem-bers confer on the Security Council primary responsibility for the maintenanceof international peace and security, and agree that in carrying out its duties underthis responsibility the Security Council acts on their behalf.

2. In discharging these duties the Security Council shall act in accordance with thePurposes and Principles of the United Nations. The specific powers granted to theSecurity Council for the discharge of these duties are laid down in Chapters VI,VII, VIII, and XII.

3. The Security Council shall submit annual and, when necessary, special reports tothe General Assembly for its consideration.

Article 25

TheMembers of the United Nations agree to accept and carry out the decisions of theSecurity Council in accordance with the present Charter.

Article 26

In order to promote the establishment and maintenance of international peace andsecurity with the least diversion for armaments of the world’s human and economicresources, the Security Council shall be responsible for formulating, with the assistanceof the Military Staff Committee referred to in Article 47, plans to be submitted to theMembers of the United Nations for the establishment of a system for the regulationof armaments.

16 Chapter V –The Security Council

Voting

Article 27

1. Each member of the Security Council shall have one vote.

2. Decisions of the Security Council on procedural matters shall be made by anaffirmative vote of nine members.

3. Decisions of the Security Council on all other matters shall be made by an affirm-ative vote of nine members including the concurring votes of the permanent mem-bers; provided that, in decisions under Chapter VI, and under paragraph 3 of Art-icle 52, a party to a dispute shall abstain from voting.

Procedure

Article 28

1. The Security Council shall be so organized as to be able to function continuously.Each member of the Security Council shall for this purpose be represented at alltimes at the seat of the Organization.

2. The Security Council shall hold periodic meetings at which each of its membersmay, if it so desires, be represented by a member of the government or by someother specially designated representative.

3. The Security Council may hold meetings at such places other than the seat of theOrganization as in its judgment will best facilitate its work.

Article 29

The Security Council may establish such subsidiary organs as it deems necessary forthe performance of its functions.

Article 30

The Security Council shall adopt its own rules of procedure, including the methodof selecting its President.

Article 31

Any Member of the United Nations which is not a member of the Security Councilmay participate, without vote, in the discussion of any question brought before theSecurity Council whenever the latter considers that the interests of that Member arespecially affected.

17

Article 32

Any Member of the United Nations which is not a member of the Security Councilor any state which is not a Member of the United Nations, if it is a party to a disputeunder consideration by the Security Council, shall be invited to participate, withoutvote, in the discussion relating to the dispute. The Security Council shall lay downsuch conditions as it deems just for the participation of a state which is not a Memberof the United Nations.

Chapter VIPacific Settlement of Disputes

Article 33

1. The parties to any dispute, the continuance of which is likely to endanger themaintenance of international peace and security, shall, first of all, seek a solutionby negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement,resort to regional agencies or arrangements, or other peaceful means of their ownchoice.

2. The Security Council shall, when it deems necessary, call upon the parties to settletheir dispute by such means.

Article 34

The Security Council may investigate any dispute, or any situation which might leadto international friction or give rise to a dispute, in order to determine whether thecontinuance of the dispute or situation is likely to endanger the maintenance of inter-national peace and security.

Article 35

1. Any Member of the United Nations may bring any dispute, or any situation of thenature referred to in Article 34, to the attention of the Security Council or of theGeneral Assembly.

2. A state which is not a Member of the United Nations may bring to the attentionof the Security Council or of theGeneral Assembly any dispute towhich it is a partyif it accepts in advance, for the purposes of the dispute, the obligations of pacificsettlement provided in the present Charter.

3. The proceedings of the General Assembly in respect of matters brought to itsattention under this Article will be subject to the provisions of Articles 11 and 12.

18 Chapter VII – Action with Respect to Threats to the Peace, Breaches of the Peace . . .

Article 36

1. The Security Council may, at any stage of a dispute of the nature referred to inArticle 33 or of a situation of like nature, recommend appropriate procedures ormethods of adjustment.

2. The Security Council should take into consideration any procedures for the settle-ment of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should alsotake into consideration that legal disputes should as a general rule be referred bythe parties to the International Court of Justice in accordance with the provisionsof the Statute of the Court.

Article 37

1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle itby the means indicated in that Article, they shall refer it to the Security Council.

1. If the Security Council deems that the continuance of the dispute is in fact likelyto endanger the maintenance of international peace and security, it shall decidewhether to take action under Article 36 or to recommend such terms of settlementas it may consider appropriate

Article 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, ifall the parties to any dispute so request, make recommendations to the parties witha view to a pacific settlement of the dispute.

Chapter VIIAction with Respect toThreats to the Peace, Breaches of

the Peace and Acts of AggressionArticle 39

The Security Council shall determine the existence of any threat to the peace, breachof the peace, or act of aggression and shall make recommendations, or decide whatmeasures shall be taken in accordance with Articles 41 and 42, to maintain or restoreinternational peace and security.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, beforemaking the recommendations or deciding upon the measures provided for in Art-icle 39, call upon the parties concerned to comply with such provisional measures as

Chapter VII – Action with Respect to Threats to the Peace, Breaches of the Peace . . . 19

it deems necessary or desirable. Such provisional measures shall be without prejudiceto the rights, claims, or position of the parties concerned. The Security Council shallduly take account of failure to comply with such provisional measures.

Article 41

The Security Council may decide what measures not involving the use of armed forceare to be employed to give effect to its decisions, and it may call upon the Membersof the United Nations to apply such measures. These may include complete or partialinterruption of economic relations and of rail, sea, air, postal, telegraphic, radio, andother means of communication, and the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 wouldbe inadequate or have proved to be inadequate, it may take such action by air, sea, orland forces as may be necessary to maintain or restore international peace and security.Such action may include demonstrations, blockade, and other operations by air, sea,or land forces of Members of the United Nations.

Article 43

1. All Members of the United Nations, in order to contribute to the maintenanceof international peace and security, undertake to make available to the SecurityCouncil, on its call and in accordance with a special agreement or agreements,armed forces, assistance, and facilities, including rights of passage, necessary forthe purpose of maintaining international peace and security.

2. Such agreement or agreements shall govern the numbers and types of forces, theirdegree of readiness and general location, and the nature of the facilities and assist-ance to be provided.

3. The agreement or agreements shall be negotiated as soon as possible on the initiat-ive of the Security Council. They shall be concluded between the Security Counciland Members or between the Security Council and groups of Members and shallbe subject to ratification by the signatory states in accordance with their respectiveconstitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon aMem-ber not represented on it to provide armed forces in fulfilment of the obligationsassumed under Article 43, invite that Member, if the Member so desires, to participatein the decisions of the Security Council concerning the employment of contingentsof that Member’s armed forces.

20 Chapter VII – Action with Respect to Threats to the Peace, Breaches of the Peace . . .

Article 45

In order to enable the United Nations to take urgent military measures, Members shallhold immediately available national air-force contingents for combined internationalenforcement action. The strength and degree of readiness of these contingents andplans for their combined action shall be determined within the limits laid down inthe special agreement or agreements referred to in Article 43, by the Security Councilwith the assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council withthe assistance of the Military Staff Committee.

Article 47

1. There shall be established aMilitary Staff Committee to advise and assist the Secur-ity Council on all questions relating to the Security Council’smilitary requirementsfor the maintenance of international peace and security, the employment and com-mand of forces placed at its disposal, the regulation of armaments, and possibledisarmament.

2. TheMilitary Staff Committee shall consist of the Chiefs of Staff of the permanentmembers of the Security Council or their representatives. Any Member of theUnited Nations not permanently represented on the Committee shall be invitedby the Committee to be associated with it when the efficient discharge of theCommittee’s responsibilities requires the participation of that Member in its work.

3. TheMilitary Staff Committee shall be responsible under the Security Council forthe strategic direction of any armed forces placed at the disposal of the SecurityCouncil. Questions relating to the command of such forces shall be worked outsubsequently.

4. TheMilitary Staff Committee, with the authorization of the Security Council andafter consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48

1. The action required to carry out the decisions of the Security Council for themaintenance of international peace and security shall be taken by all the Membersof the United Nations or by some of them, as the Security Council may determine.

2. Such decisions shall be carried out by the Members of the United Nations directlyand through their action in the appropriate international agencies of which theyare members.

21

Article 49

TheMembers of theUnitedNations shall join in affordingmutual assistance in carryingout the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the SecurityCouncil, any other state, whether a Member of the United Nations or not, which findsitself confrontedwith special economic problems arising from the carrying out of thosemeasures shall have the right to consult the Security Council with regard to a solutionof those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collect-ive self-defense if an armed attack occurs against a Member of the United Nations,until the Security Council has taken measures necessary to maintain internationalpeace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in anyway affect the authority and responsibility of the Security Council under the presentCharter to take at any time such action as it deems necessary in order to maintain orrestore international peace and security.

Chapter VIIIRegional Arrangements

Article 52

1. Nothing in the present Charter precludes the existence of regional arrangementsor agencies for dealing with such matters relating to the maintenance of interna-tional peace and security as are appropriate for regional action provided that sucharrangements or agencies and their activities are consistent with the Purposes andPrinciples of the United Nations.

2. The Members of the United Nations entering into such arrangements or consti-tuting such agencies shall make every effort to achieve pacific settlement of localdisputes through such regional arrangements or by such regional agencies beforereferring them to the Security Council.

3. TheSecurity Council shall encourage the development of pacific settlement of localdisputes through such regional arrangements or by such regional agencies eitheron the initiative of the states concerned or by reference from the Security Council.

4. This Article in no way impairs the application of Articles 34 and 35.

22 Chapter IX – International Economic and Social Co-operation

Article 53

1. The Security Council shall, where appropriate, utilize such regional arrangementsor agencies for enforcement action under its authority. But no enforcement actionshall be taken under regional arrangements or by regional agencies without theauthorization of the Security Council, with the exception of measures against anyenemy state, as defined in paragraph 2 of this Article, provided for pursuant toArticle 107 or in regional arrangements directed against renewal of aggressivepolicy on the part of any such state, until such time as the Organization may, onrequest of the Governments concerned, be charged with the responsibility forpreventing further aggression by such a state.

2. The term enemy state as used in paragraph 1 of this Article applies to any statewhich during the Second World War has been an enemy of any signatory of thepresent Charter.

Article 54

The Security Council shall at all times be kept fully informed of activities undertakenor in contemplation under regional arrangements or by regional agencies for the main-tenance of international peace and security.

Chapter IXInternational Economic and Social Co-operation

Article 55

With a view to the creation of conditions of stability andwell-beingwhich are necessaryfor peaceful and friendly relations among nations based on respect for the principleof equal rights and self-determination of peoples, the United Nations shall promote:

a. higher standards of living, full employment, and conditions of economic and socialprogress and development;

b. solutions of international economic, social, health, and related problems; and inter-national cultural and educational cooperation; and

c. universal respect for, and observance of, human rights and fundamental freedomsfor all without distinction as to race, sex, language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in co-operation withthe Organization for the achievement of the purposes set forth in Article 55.

23

Article 57

1. The various specialized agencies, established by intergovernmental agreement andhaving wide international responsibilities, as defined in their basic instruments, ineconomic, social, cultural, educational, health, and related fields, shall be broughtinto relationship with the United Nations in accordance with the provisions of Art-icle 63.

2. Such agencies thus brought into relationship with the United Nations are herein-after referred to as specialized agencies.

Article 58

TheOrganization shall make recommendations for the co-ordination of the policiesand activities of the specialized agencies.

Article 59

The Organization shall, where appropriate, initiate negotiations among the states con-cerned for the creation of any new specialized agencies required for the accomplish-ment of the purposes set forth in Article 55.

Article 60

Responsibility for the discharge of the functions of the Organization set forth in thisChapter shall be vested in the General Assembly and, under the authority of the Gen-eral Assembly, in the Economic and Social Council, which shall have for this purposethe powers set forth in Chapter X.

Chapter XThe Economic and Social Council

Composition

Article 61

1. TheEconomic and Social Council shall consist of fifty-fourMembers of the UnitedNations elected by the General Assembly.

2. Subject to the provisions of paragraph 3, eighteen members of the Economic andSocial Council shall be elected each year for a term of three years. A retiringmember shall be eligible for immediate re-election.

3. At the first election after the increase in the membership of the Economic andSocial Council from twenty-seven to fifty-four members, in addition to the mem-bers elected in place of the nine members whose term of office expires at the endof that year, twenty-seven additional members shall be elected. Of these twenty-

24 Chapter X –The Economic and Social Council

seven additional members, the term of office of nine members so elected shallexpire at the end of one year, and of nine other members at the end of two years,in accordance with arrangements made by the General Assembly.

4. Each member of the Economic and Social Council shall have one representative.

Functions and Powers

Article 62

1. The Economic and Social Council may make or initiate studies and reports withrespect to international economic, social, cultural, educational, health, and relatedmatters and may make recommendations with respect to any such matters to theGeneral Assembly to the Members of the United Nations, and to the specializedagencies concerned.

2. It may make recommendations for the purpose of promoting respect for, andobservance of, human rights and fundamental freedoms for all.

3. It may prepare draft conventions for submission to the General Assembly, withrespect to matters falling within its competence.

4. It may call, in accordance with the rules prescribed by the United Nations, inter-national conferences on matters falling within its competence.

Article 63

1. The Economic and Social Council may enter into agreements with any of theagencies referred to inArticle 57, defining the terms onwhich the agency concernedshall be brought into relationship with the United Nations. Such agreements shallbe subject to approval by the General Assembly.

2. It may co-ordinate the activities of the specialized agencies through consultationwith and recommendations to such agencies and through recommendations tothe General Assembly and to the Members of the United Nations.

Article 64

1. The Economic and Social Council may take appropriate steps to obtain regularreports from the specialized agencies. It may make arrangements with the Mem-bers of the United Nations and with the specialized agencies to obtain reports onthe steps taken to give effect to its own recommendations and to recommendationson matters falling within its competence made by the General Assembly.

2. It may communicate its observations on these reports to the General Assembly.

Chapter X –The Economic and Social Council 25

Article 65

The Economic and Social Council may furnish information to the Security Counciland shall assist the Security Council upon its request.

Article 66

1. The Economic and Social Council shall perform such functions as fall within itscompetence in connexion with the carrying out of the recommendations of theGeneral Assembly.

2. It may, with the approval of the General Assembly, perform services at the requestof Members of the United Nations and at the request of specialized agencies.

3. It shall perform such other functions as are specified elsewhere in the presentCharter or as may be assigned to it by the General Assembly.

Voting

Article 67

1. Each member of the Economic and Social Council shall have one vote.

2. Decisions of the Economic and Social Council shall be made by a majority of themembers present and voting.

Procedure

Article 68

The Economic and Social Council shall set up commissions in economic and socialfields and for the promotion of human rights, and such other commissions as may berequired for the performance of its functions.

Article 69

The Economic and Social Council shall invite any Member of the United Nations toparticipate, without vote, in its deliberations on any matter of particular concern tothat Member.

Article 70

The Economic and Social Council may make arrangements for representatives of thespecialized agencies to participate, without vote, in its deliberations and in those of thecommissions established by it, and for its representatives to participate in the delibera-tions of the specialized agencies.

26 Chapter XI – Declaration Regarding Non-Self-Governing Territories

Article 71

The Economic and Social Council may make suitable arrangements for consultationwith non-governmental organizations which are concerned with matters within itscompetence. Such arrangements may be made with international organizations and,where appropriate, with national organizations after consultation with the Memberof the United Nations concerned.

Article 72

1. TheEconomic and Social Council shall adopt its own rules of procedure, includingthe method of selecting its President.

2. The Economic and Social Council shall meet as required in accordance with itsrules, which shall include provision for the convening of meetings on the requestof a majority of its members.

Chapter XIDeclaration Regarding Non-Self-Governing Territories

Article 73

Members of the United Nations which have or assume responsibilities for the admin-istration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these ter-ritories are paramount, and accept as a sacred trust the obligation to promote to theutmost, within the systemof international peace and security established by the presentCharter, the well-being of the inhabitants of these territories, and, to this end:

a. to ensure, with due respect for the culture of the peoples concerned, their political,economic, social, and educational advancement, their just treatment, and theirprotection against abuses;

b. to develop self-government, to take due account of the political aspirations of thepeoples, and to assist them in the progressive development of their free politicalinstitutions, according to the particular circumstances of each territory and itspeoples and their varying stages of advancement;

c. to further international peace and security;

d. to promote constructive measures of development, to encourage research, andto co-operate with one another and, when and where appropriate, with special-ized international bodies with a view to the practical achievement of the social,economic, and scientific purposes set forth in this Article; and

e. to transmit regularly to the Secretary-General for information purposes, subject tosuch limitation as security and constitutional considerations may require, statist-

27

ical and other information of a technical nature relating to economic, social, andeducational conditions in the territories for which they are respectively responsibleother than those territories to which Chapters XII and XIII apply.

Article 74

Members of the United Nations also agree that their policy in respect of the territoriesto which this Chapter applies, no less than in respect of their metropolitan areas,must be based on the general principle of good-neighbourliness, due account beingtaken of the interests and well-being of the rest of the world, in social, economic, andcommercial matters.

Chapter XIIInternational Trusteeship System

Article 75

The United Nations shall establish under its authority an international trusteeshipsystem for the administration and supervision of such territories as may be placedthereunder by subsequent individual agreements. These territories are hereinafterreferred to as trust territories.

Article 76

The basic objectives of the trusteeship system, in accordance with the Purposes of theUnited Nations laid down in Article 1 of the present Charter, shall be:

a. to further international peace and security;

b. to promote the political, economic, social, and educational advancement of theinhabitants of the trust territories, and their progressive development towardsself-government or independence as may be appropriate to the particular circum-stances of each territory and its peoples and the freely expressed wishes of thepeoples concerned, and as may be provided by the terms of each trusteeship agree-ment;

c. to encourage respect for human rights and for fundamental freedoms for allwithout distinction as to race, sex, language, or religion, and to encourage recog-nition of the interdependence of the peoples of the world; and

d. to ensure equal treatment in social, economic, and commercial matters for allMembers of the United Nations and their nationals, and also equal treatment forthe latter in the administration of justice, without prejudice to the attainment of theforegoing objectives and subject to the provisions of Article 80.

28 Chapter XII – International Trusteeship System

Article 77

1. The trusteeship system shall apply to such territories in the following categoriesas may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;b. territories which may be detached from enemy states as a result of the SecondWorld War; and

c. territories voluntarily placed under the system by states responsible for theiradministration.

2. It will be amatter for subsequent agreement as to which territories in the foregoingcategories will be brought under the trusteeship system and upon what terms.

Article 78

The trusteeship system shall not apply to territories which have become Membersof the United Nations, relationship among which shall be based on respect for theprinciple of sovereign equality.

Article 79

The terms of trusteeship for each territory to be placed under the trusteeship system,including any alteration or amendment, shall be agreed upon by the states directly con-cerned, including the mandatory power in the case of territories held under mandateby a Member of the United Nations, and shall be approved as provided for in Articles83 and 85.

Article 80

1. Except as may be agreed upon in individual trusteeship agreements, made underArticles 77, 79, and 81, placing each territory under the trusteeship system, and untilsuch agreements have been concluded, nothing in this Chapter shall be construedin or of itself to alter in any manner the rights whatsoever of any states or anypeoples or the terms of existing international instruments to which Membersof the United Nations may respectively be parties.

2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delayor postponement of the negotiation and conclusion of agreements for placingmandated and other territories under the trusteeship system as provided for inArticle 77.

Article 81

The trusteeship agreement shall in each case include the terms under which the trustterritory will be administered and designate the authority which will exercise the

Chapter XII – International Trusteeship System 29

administration of the trust territory. Such authority, hereinafter called the administer-ing authority, may be one or more states or the Organization itself.

Article 82

There may be designated, in any trusteeship agreement, a strategic area or areas whichmay include part or all of the trust territory to which the agreement applies, withoutprejudice to any special agreement or agreements made under Article 43.

Article 83

1. All functions of the United Nations relating to strategic areas, including theapproval of the terms of the trusteeship agreements and of their alteration oramendment shall be exercised by the Security Council.

2. The basic objectives set forth in Article 76 shall be applicable to the people of eachstrategic area.

3. The Security Council shall, subject to the provisions of the trusteeship agreementsand without prejudice to security considerations, avail itself of the assistance of theTrusteeship Council to perform those functions of the United Nations under thetrusteeship system relating to political, economic, social, and educational mattersin the strategic areas.

Article 84

It shall be the duty of the administering authority to ensure that the trust territoryshall play its part in the maintenance of international peace and security. To this endthe administering authority maymake use of volunteer forces, facilities, and assistancefrom the trust territory in carrying out the obligations towards the Security Councilundertaken in this regard by the administering authority, as well as for local defenceand the maintenance of law and order within the trust territory.

Article 85

1. The functions of the United Nations with regard to trusteeship agreements forall areas not designated as strategic, including the approval of the terms of thetrusteeship agreements and of their alteration or amendment, shall be exercisedby the General Assembly.

2. The Trusteeship Council, operating under the authority of the General Assemblyshall assist the General Assembly in carrying out these functions.

30 Chapter XIII – The Trusteeship Council

Chapter XIIIThe Trusteeship Council

Composition

Article 86

1. The Trusteeship Council shall consist of the following Members of the UnitedNations:

a. those Members administering trust territories;

b. such of those Members mentioned by name in Article 23 as are not adminis-tering trust territories; and

c. as many other Members elected for three-year terms by the General Assemblyas may be necessary to ensure that the total number of members of the Trustee-ship Council is equally divided between those Members of the United Nationswhich administer trust territories and those which do not.

2. Each member of the Trusteeship Council shall designate one specially qualifiedperson to represent it therein.

Functions and Powers

Article 87

The General Assembly and, under its authority, the Trusteeship Council, in carryingout their functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering author-ity;

c. provide for periodic visits to the respective trust territories at times agreed uponwith the administering authority; and

d. take these and other actions in conformity with the terms of the trusteeship agree-ments.

Article 88

The Trusteeship Council shall formulate a questionnaire on the political, economic,social, and educational advancement of the inhabitants of each trust territory, and theadministering authority for each trust territory within the competence of the GeneralAssembly shall make an annual report to the General Assembly upon the basis of suchquestionnaire.

31

Voting

Article 89

1. Each member of the Trusteeship Council shall have one vote.

2. Decisions of the Trusteeship Council shall be made by a majority of the memberspresent and voting.

Procedure

Article 90

1. The Trusteeship Council shall adopt its own rules of procedure, including themethod of selecting its President.

2. TheTrusteeship Council shall meet as required in accordance with its rules, whichshall include provision for the convening of meetings on the request of a majorityof its members.

Article 91

The Trusteeship Council shall, when appropriate, avail itself of the assistance of theEconomic and Social Council and of the specialized agencies in regard to matters withwhich they are respectively concerned.

Chapter XIVThe International Court of Justice

Article 92

The International Court of Justice shall be the principal judicial organ of the UnitedNations. It shall function in accordance with the annexed Statute1, which is basedupon the Statute of the Permanent Court of International Justice and forms an integralpart of the present Charter.

Article 93

1. All Members of the United Nations are ipso facto parties to the Statute of theInternational Court of Justice.

2. A state which is not a Member of the United Nations may become a party to theStatute of the International Court of Justice on conditions to be determined in eachcase by the General Assembly upon the recommendation of the Security Council.

1Page 80, ICJ Statute.

32 Chapter XV –The Secretariat

Article 94

1. EachMember of the United Nations undertakes to comply with the decision of theInternational Court of Justice in any case to which it is a party.

2. If any party to a case fails to perform the obligations incumbent upon it undera judgment rendered by the Court, the other party may have recourse to the Secur-ity Council, which may, if it deems necessary, make recommendations or decideupon measures to be taken to give effect to the judgment.

Article 95

Nothing in the present Charter shall prevent Members of the United Nations fromentrusting the solution of their differences to other tribunals by virtue of agreementsalready in existence or which may be concluded in the future.

Article 96

1. TheGeneral Assembly or the Security Councilmay request the International Courtof Justice to give an advisory opinion on any legal question.

2. Other organs of the United Nations and specialized agencies, which may at anytime be so authorized by theGeneral Assembly,may also request advisory opinionsof the Court on legal questions arising within the scope of their activities.

Chapter XVThe Secretariat

Article 97

The Secretariat shall comprise a Secretary-General and such staff as the Organizationmay require.The Secretary-General shall be appointed by the General Assembly uponthe recommendation of the Security Council. He shall be the chief administrativeofficer of the Organization.

Article 98

TheSecretary-General shall act in that capacity in allmeetings of theGeneral Assembly,of the Security Council, of the Economic and Social Council, and of the TrusteeshipCouncil, and shall perform such other functions as are entrusted to him by theseorgans. The Secretary-General shall make an annual report to the General Assemblyon the work of the Organization.

Article 99

The Secretary-General may bring to the attention of the Security Council any matterwhich in his opinionmay threaten themaintenance of international peace and security.

33

Article 100

1. In the performance of their duties the Secretary-General and the staff shall not seekor receive instructions from any government or from any other authority externalto the Organization. They shall refrain from any action which might reflect ontheir position as international officials responsible only to the Organization.

2. Each Member of the United Nations undertakes to respect the exclusively interna-tional character of the responsibilities of the Secretary-General and the staff andnot to seek to influence them in the discharge of their responsibilities.

Article 101

1. The staff shall be appointed by the Secretary-General under regulations establishedby the General Assembly.

2. Appropriate staffs shall be permanently assigned to the Economic and Social Coun-cil, the Trusteeship Council, and, as required, to other organs of theUnitedNations.These staffs shall form a part of the Secretariat.

3. The paramount consideration in the employment of the staff and in the determ-ination of the conditions of service shall be the necessity of securing the higheststandards of efficiency, competence, and integrity. Due regard shall be paid to theimportance of recruiting the staff on as wide a geographical basis as possible.

Chapter XVIMiscellaneous Provisions

Article 102

1. Every treaty and every international agreement entered into by anyMember of theUnited Nations after the present Charter comes into force shall as soon as possiblebe registered with the Secretariat and published by it.

2. No party to any such treaty or international agreement which has not beenregistered in accordance with the provisions of paragraph 1 of this Article mayinvoke that treaty or agreement before any organ of the United Nations.

Article 103

In the event of a conflict between the obligations of theMembers of the UnitedNationsunder the present Charter and their obligations under any other international agree-ment, their obligations under the present Charter shall prevail.

34 Chapter XVIII – Amendments

Article 104

TheOrganization shall enjoy in the territory of each of its Members such legal capacityas may be necessary for the exercise of its functions and the fulfilment of its purposes.

Article 105

1. TheOrganization shall enjoy in the territory of each of itsMembers such privilegesand immunities as are necessary for the fulfilment of its purposes.

2. Representatives of the Members of the United Nations and officials of the Organ-ization shall similarly enjoy such privileges and immunities as are necessary forthe independent exercise of their functions in connexion with the Organization.

3. The General Assembly may make recommendations with a view to determiningthe details of the application of paragraphs 1 and 2 of this Article or may proposeconventions to the Members of the United Nations for this purpose.

Chapter XVIITransitional Security Arrangements

Article 106

Pending the coming into force of such special agreements referred to in Article 43 as inthe opinion of the Security Council enable it to begin the exercise of its responsibilitiesunder Article 42, the parties to the Four-Nation Declaration, signed at Moscow, 30October 1943, and France, shall, in accordance with the provisions of paragraph 5of that Declaration, consult with one another and as occasion requires with otherMembers of the United Nations with a view to such joint action on behalf of theOrganization as may be necessary for the purpose of maintaining international peaceand security.

Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to anystate which during the Second World War has been an enemy of any signatory to thepresent Charter, taken or authorized as a result of that war by the Governments havingresponsibility for such action.

Chapter XVIIIAmendments

Article 108

Amendments to the present Charter shall come into force for all Members of theUnited Nations when they have been adopted by a vote of two thirds of the members

35

of the General Assembly and ratified in accordance with their respective constitu-tional processes by two thirds of the Members of the United Nations, including all thepermanent members of the Security Council.

Article 109

1. A General Conference of the Members of the United Nations for the purposeof reviewing the present Charter may be held at a date and place to be fixed bya two-thirds vote of the members of the General Assembly and by a vote of anynine members of the Security Council.

Each Member of the United Nations shall have one vote in the conference.

1. Any alteration of the present Charter recommended by a two-thirds vote of theconference shall take effect when ratified in accordance with their respective con-stitutional processes by two thirds of theMembers of the United Nations includingall the permanent members of the Security Council.

2. If such a conference has not been held before the tenth annual session of the Gen-eral Assembly following the coming into force of the present Charter, the proposalto call such a conference shall be placed on the agenda of that session of the Gen-eral Assembly, and the conference shall be held if so decided by a majority voteof the members of the General Assembly and by a vote of any seven membersof the Security Council.

Chapter XIXRatification and Signature

Article 110

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

2. The ratifications shall be deposited with the Government of the United Statesof America, which shall notify all the signatory states of each deposit as well as theSecretary-General of the Organization when he has been appointed.

3. The present Charter shall come into force upon the deposit of ratifications by theRepublic of China, France, the Union of Soviet Socialist Republics, the UnitedKingdom of Great Britain and Northern Ireland, and the United States of America,and by a majority of the other signatory states. A protocol of the ratificationsdeposited shall thereupon be drawn up by the Government of the United Statesof America which shall communicate copies thereof to all the signatory states.

4. The states signatory to the present Charter which ratify it after it has come intoforce will become original Members of the United Nations on the date of thedeposit of their respective ratifications.

36 Chapter XIX – Ratification and Signature

Article 111

Thepresent Charter, of which the Chinese, French, Russian, English, and Spanish textsare equally authentic, shall remain deposited in the archives of the Government of theUnited States of America. Duly certified copies thereof shall be transmitted by thatGovernment to the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the UnitedNations have signed the present Charter.

DONE at the city of San Francisco the twenty-sixth day of June, one thousandnine hundred and forty-five.

Kellogg-Briand Pact 1928(General Treaty for theRenunciation of War)

the president of the german reich, the president of the unitedstates of america, his majesty the king of the belgians, thepresident of the french republic, his majesty the king of greatbritain ireland and the british dominions beyond the seas,emperor of india, his majesty the king of italy, his majesty theemperor of japan, the president of the republic of poland thepresident of the czechoslovak republic,

Deeply sensible of their solemn duty to promote the welfare of mankind;

Persuaded that the time has, come when a frank renunciation of war as an instru-ment of na tional policy should be made to the end that the peaceful and friendlyrelations now existing between their peoples may be perpetuated;

Convinced that all changes in their relations with one another should be soughtonly by pacific means and be the result of a peaceful and orderly process, and thatany signatory Power which shall hereafter seek to promote its ts national interestsby resort to war a should be denied the benefits furnished by this Treaty;

Hopeful that, encouraged by their example, all the other nations of the world willjoin in this humane endeavor and by adhering to the present Treaty as soon as itcomes into force bring their peoples within the scope of its beneficent provisions,thus uniting the civilized nations of the world in a common renunciation of waras an instrument of their national policy;

Have decided to conclude a Treaty and for that purpose have appointed as theirrespective Plenipotentiaries:

[. . . ]who, having communicated to one another their full powers found in good and

due form have agreed upon the following articles:

38 United Nations Charter 1945

Article I

TheHigh Contracting Parties solemly declare in the names of their respective peoplesthat they condemn recourse to war for the solution of international controversies, andrenounce it, as an instrument of national policy in their relations with one another.

Article II

The High Contracting Parties agree that the settlement or solution of all disputes orconflicts of whatever nature or of whatever origin theymay be, whichmay arise amongthem, shall never be sought except by pacific means.

Article III

The present Treaty shall be ratified by the High Contracting Parties named in thePreamble in accordance with their respective constitutional requirements, and shalltake effect as between them as soon as all their several instruments of ratification shallhave been deposited at Washington.

This Treaty shall, when it has come into effect as prescribed in the preceding para-graph, remain open as long as may be necessary for adherence by all the other Powersof the world. Every instrument evidencing the adherence of a Power shall be depositedat Washington and the Treaty shall immediately upon such deposit become effectiveas; between the Power thus adhering and the other Powers parties hereto.

It shall be the duty of the Government of the United States to furnish each Gov-ernment named in the Preamble and every Government subsequently adhering tothis Treaty with a certified copy of the Treaty and of every instrument of ratificationor adherence. It shall also be the duty of the Government of the United States tele-graphically to notify such Governments immediately upon the deposit with it of eachinstrument of ratification or adherence.

In faith whereof the respective Plenipotentiaries have signed this Treaty inthe French and English languages both texts having equal force, and hereunto affixtheir seals.

Done at Paris, the twenty seventh day of August in the year one thousand ninehundred and twenty-eight.

Resolution 2625 (XXV) of the unGeneral Assembly. Declaration onPrinciples of International Lawconcerning Friendly Relationsand Co-operation among Statesin accordance with the Charter ofthe United Nations

The General Assembly,

Recalling its resolutions 1815 (XVII) of 18December 1962, 1966 (XVIII) of 16Decem-ber 1963, 2103 (XX) of 20 December 1965, 2181 (XXI) of 12 December 1966, 2327(XXII) of 18 December 1967, 2463 (XXIII) of 20 December 1968 and 2533 (XXIV)of 8 December 1969, in which it affirmed the importance of the progressive devel-opment and codification of the principles of international law concerning friendlyrelations and co-operation among States,

Having considered the report of the Special Committee on Principles of Interna-tional Law concerning Friendly Relations and Co-operation among States, whichmet in Geneva from 31 March to 1 May 1970,

Emphasizing the paramount importance of the Charter of the United Nations forthe maintenance of international peace and security and for the development ofFriendly relations and Co-operation among States,

Deeply convinced that the adoption of the Declaration on Principles of Interna-tional Law concerning Friendly Relations and Co-operation among States inaccordance with the Charter of the United Nations on the occasion of the twenty-

40 Resolution 2625 (XXV) of the un General Assembly

fifth anniversary of the United Nations would contribute to the strengthening ofworld peace and constitute a landmark in the development of international lawand of relations among States, in promoting the rule of law among nations andparticularly the universal application of the principles embodied in the Charter,

Considering the desirability of the wide dissemination of the text of theDeclaration,

1. Approves the Declaration on Principles of International Law concerning FriendlyRelations and Co-operation among States in accordance with the Charter of theUnited Nations, the text of which is annexed to the present resolution;

2. Expresses its appreciation to the Special Committee on Principles of InternationalLaw concerning Friendly Relations and Co-operation among States for its workresulting in the elaboration of the Declaration;

3. Recommends that all efforts be made so that the Declaration becomes generallyknown.

ANNEX

Declaration on Principles of International Lawconcerning Friendly Relations and Co-operation

among States in accordance with the Charter of theUnited Nations

Preamble

The General Assembly,

Reaffirming in the terms of the Charter of the United Nations that themaintenanceof international peace and security and the development of friendly relations andco-operation between nations are among the fundamental purposes of the UnitedNations,

Recalling that the peoples of the United Nations are determined to practise toler-ance and live together in peace with one another as good neighbours,

Bearing in mind the importance of maintaining and strengthening internationalpeace founded upon freedom, equality, justice and respect for fundamental humanrights and of developing friendly relations among nations irrespective of theirpolitical, economic and social systems or the levels of their development,

Bearing in mind also the paramount importance of the Charter of the UnitedNations in the promotion of the rule of law among nations,

Resolution 2625 (XXV) of the un General Assembly 41

Considering that the faithful observance of the principles of international law con-cerning friendly relations and co-operation among States and the fulfillment ingood faith of the obligations assumed by States, in accordance with the Charter, isof the greatest importance for the maintenance of international peace and securityand for the implementation of the other purposes of the United Nations,

Noting that the great political, economic and social changes and scientific pro-gress which have taken place in the world since the adoption of the Charter giveincreased importance to these principles and to the need for their more effectiveapplication in the conduct of States wherever carried on,

Recalling the established principle that outer space, including the Moon and othercelestial bodies, is not subject to national appropriation by claim of sovereignty, bymeans of use or occupation, or by any other means, and mindful of the fact thatconsideration is being given in the United Nations to the question of establishingother appropriate provisions similarly inspired,

Convinced that the strict observance by States of the obligation not to intervenein the affairs of any other State is an essential condition to ensure that nations livetogether in peace with one another, since the practice of any form of interventionnot only violates the spirit and letter of the Charter, but also leads to the creationof situations which threaten international peace and security,

Recalling the duty of States to refrain in their international relations from milit-ary, political, economic or any other form of coercion aimed against the politicalindependence or territorial integrity of any State,

Considering it essential that all States shall refrain in their international relationsfrom the threat or use of force against the territorial integrity or political independ-ence of any State, or in any other manner inconsistent with the purposes of theUnited Nations,

Considering it equally essential that all States shall settle their international disputesby peaceful means in accordance with the Charter,

Reaffirming, in accordance with the Charter, the basic importance of sovereignequality and stressing that the purposes of the United Nations can be implementedonly if States enjoy sovereign equality and comply fully with the requirements ofthis principle in their international relations,

Convinced that the subjection of peoples to alien subjugation, domination andexploitation constitutes a major obstacle to the promotion of international peaceand security,

Convinced that the principle of equal rights and self-determination of peoplesconstitutes a significant contribution to contemporary international law, and that

42 Resolution 2625 (XXV) of the un General Assembly

its effective application is of paramount importance for the promotion of friendlyrelations among States, based on respect for the principle of sovereign equality,

Convinced in consequence that any attempt aimed at the partial or total disruptionof the national unity and territorial integrity of a State or country or at its politicalindependence is incompatible with the purposes and principles of the Charter,

Considering the provisions of the Charter as a whole and taking into account therole of relevant resolutions adopted by the competent organs of the United Nationsrelating to the content of the principles,

Considering that the progressive development and codification of the followingprinciples:

(a) The principle that States shall refrain in their international relations from the threator use of force against the territorial integrity or political independence of any State,or in any other manner inconsistent with the purposes of the United Nations,

(b) The principle that States shall settle their international disputes by peacefulmeans in such a manner that international peace and security and justice arenot endangered,

(c) The duty not to intervene in matters within the domestic jurisdiction of any State,in accordance with the Charter,

(d) The duty of States to co-operate with one another in accordance with the Charter,

(e) The principle of equal rights and self-determination of peoples,

(f) The principle of sovereign equality of States,

(g) The principle that States shall fulfil in good faith the obligations assumed by themin accordance with the Charter,so as to secure their more effective application within the international community,would promote the realization of the purposes of the United Nations,Having considered the principles of international law relating to friendly relationsand co-operation among States,

1. Solemnly proclaims the following principles:

The principle that States shall refrain in their international relations from the threat oruse of force against the territorial integrity or political independence of any State or inany other manner inconsistent with the purposes of the United Nations

Every State has the duty to refrain in its international relations from the threator use of force against the territorial integrity or political independence of any State,or in any other manner inconsistent with the purposes of the United Nations. Such

Resolution 2625 (XXV) of the un General Assembly 43

a threat or use of force constitutes a violation of international law and the Charter ofthe United Nations and shall never be employed as a means of settling internationalissues.

Awar of aggression constitutes a crime against the peace, forwhich there is respons-ibility under international law. In accordance with the purposes and principles of theUnited Nations, States have the duty to refrain from propaganda for wars of aggression.

Every State has the duty to refrain from the threat or use of force to violate theexisting international boundaries of another State or as ameans of solving internationaldisputes, including territorial disputes and problems concerning frontiers of States.

States have a duty to refrain from acts of reprisal involving the use of force.Every State has the duty to refrain from any forcible action which deprives peoples

referred to in the elaboration of the principle of equal rights and self-determinationof their right to self-determination and freedom and independence.

Every State has the duty to refrain from organizing or encouraging the organiza-tion of irregular forces or armed bands including mercenaries, for incursion into theterritory of another State.

Every State has the duty to refrain fromorganizing, instigating, assisting or particip-ating in acts of civil strife or terrorist acts in another State or acquiescing in organizedactivities within its territory directed towards the commission of such acts, when theacts referred to in the present paragraph involve a threat or use of force.

The territory of a State shall not be the object of military occupation resultingfrom the use of force in contravention of the provisions of the Charter.The territory ofa State shall not be the object of acquisition by another State resulting from the threator use of force. No territorial acquisition resulting from the threat or use of force shallbe recognized as legal. Nothing in the foregoing shall be construed as affecting:(a) Provisions of the Charter or any international agreement prior to the Charter

regime and valid under international law; or(b) The powers of the Security Council under the Charter.

All States shall pursue in good faith negotiations for the early conclusion of auniversal treaty on general and complete disarmament under effective internationalcontrol and strive to adopt appropriate measures to reduce international tensions andstrengthen confidence among States.

All States shall comply in good faith with their obligations under the generallyrecognized principles and rules of international law with respect to the maintenanceof international peace and security, and shall endeavour to make the United Nationssecurity system based on the Charter more effective.

Nothing in the foregoing paragraphs shall be construed as enlarging or diminish-ing in any way the scope of the provisions of the Charter concerning cases in whichthe use of force is lawful.

The principle that States shall settle their international disputes by peaceful means in sucha manner that international peace and security and justice are not endangered

44 Resolution 2625 (XXV) of the un General Assembly

Every State shall settle its international disputes with other States by peacefulmeans in such a manner that international peace and security and justice are notendangered.

States shall accordingly seek early and just settlement of their international dis-putes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement,re