United Nations Charter - full text
Preamble
We, the people of the associated nations, are in a position to be a party.
to save future generations from the scourge of war that twice in our lifetime has brought untold suffering to mankind, and
reaffirm the belief in fundamental human rights, the dignity and value of the human being, the equal rights of men and women and of nations both large and small; and
lay down the conditions under which the justice and respect of obligations arising from contracts and other sources of international law may be maintained; and
promoting social progress and a better standard of living in greater freedom,
AND FOR THESE PURPOSE
practice tolerance and live together in peace as good neighbors; and
unite our forces to maintain international peace and security; and
ensure that principles are adopted and methods are introduced so that the armed force is not used in any way other than in the common interest; and
use international mechanisms to promote economic and social progress for all nations,
We've decided to join our efforts to achieve these goals.
So our governments have agreed on this Charter of the United Nations, through representatives gathered in San Francisco, who have demonstrated their power of attorney, which has been found in good and proper form, and are hereby setting up an international organization called the United Nations.
Chapter I: Objectives and principles
Article 1
The objectives of the United Nations are:
- Maintain international peace and security and to this end: take effective collective action to prevent and eliminate threats to peace and to suppress aggressive acts or other breaches of peace and to achieve peaceful means and in accordance with the principles of justice and international law to resolve or settle international disputes or situations that could lead to peace violations;
- Develop friendly relations between nations based on respect for the principle of equal rights and the self-determination of nations and take other appropriate measures to strengthen universal peace;
- Achieve international cooperation in addressing international problems of an economic, social, cultural or humanitarian nature, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion; and
- To be a centre for the harmonisation of the actions of nations in achieving these common objectives.
Article 2
The organisation and its members shall act in accordance with the following principles in pursuit of the objectives referred to in Article 1.
- The organisation shall be based on the principle of sovereign equality of all its members.
- All members, in order to ensure their rights and benefits from membership, will, in good faith, fulfil the commitments they have assumed in accordance with this Charter.
- All members deal with their international disputes by peaceful means in such a way that international peace and security and justice are not threatened.
- All members shall refrain from threatening, or using, by force against the territorial integrity or political independence of any State or in any other way incompatible with the objectives of the United Nations in their international relations.
- All members shall provide the United Nations with all assistance in any action they take in accordance with this Charter and shall refrain from providing assistance to any State against which the United Nations is taking preventive or enforcement measures.
- The Organisation shall ensure that States not members of the United Nations act in accordance with this Principles, if necessary to maintain international peace and security.
- Nothing in this Charter authorises the United Nations to interfere in matters which are essentially within the internal jurisdiction of any State, nor does it oblige Member States to bring such matters to a solution under this Charter; however, this principle does not prevent the application of enforcement measures under Chapter VII.
Chapter II: Membership
Article 3
The original members of the United Nations are those States which have participated in the United Nations Conference on the International Organisation in San Francisco or which have previously signed the United Nations Declaration of 1. The Parties shall ensure that the Parties are able to agree on the necessary arrangements for the implementation of this Agreement.
Article 4
- Membership of the United Nations is open to all other peaceful states that accept the commitments contained in this Charter and are able and willing to fulfil these commitments, according to the judgement of the Organisation.
- The acceptance of any such State as a member of the United Nations shall be carried out by a decision of the General Assembly on a recommendation from the Security Council.
Article 5
A United Nations member against whom the Security Council has taken preventive or enforcement measures may be suspended by the General Assembly, on a recommendation from the Security Council, by virtue of the exercise of the rights and privileges of the Member States. The Security Council may renew the exercise of these rights and privileges.
Article 6
A United Nations member who consistently violates the principles contained in this Charter may be excluded from the General Assembly on a recommendation from the Security Council.
Chapter III: Bodies
Article 7
- The main bodies of the United Nations are set up: the General Assembly, the Security Council, the Economic and Social Council, the Council of Indemnities, the International Court of Justice and the Secretariat.
- Such auxiliary bodies which prove necessary may be established in accordance with this Charter.
Article 8
The United Nations does not impose any restrictions on the entitlement of men and women to participate in any function and under equal conditions in the meetings of its main and auxiliary bodies.
Chapter IV: General Assembly
COMPOSITION
Article 9
- The General Assembly shall be composed of all the members of the United Nations.
- Each member shall not have more than five representatives in the General Assembly.
FUNCTIONS AND POWERS
Article 10
The General Assembly may discuss any questions or matters falling within the scope of this Charter or concerning the powers and functions of the bodies provided for in this Charter and may make recommendations to the members of the United Nations or the Security Council, or both, on any such questions or matters, except in the cases provided for in Article 12.
Article 11
- The General Assembly may discuss and make recommendations on the general principles of cooperation in maintaining international peace and security, including those governing disarmament and arms control, to members or the Security Council, or both.
- The General Assembly may discuss any question relating to the maintenance of international peace and security referred to it by any member of the United Nations, the Security Council or a State not a member of the United Nations in accordance with Article 35 (2), and may make recommendations on any such matter to the State or States or to the Security Council, or both, except in the cases provided for in Article 12. Any such question, in which action is required, shall be referred to the General Assembly to the Security Council either before or after the hearing.
- The General Assembly may draw the Security Council's attention to situations which could jeopardise international peace and security.
- The powers of the General Assembly provided for in this Article shall not restrict the general application of Article 10.
Article 12
- As long as the Security Council has exercised any functions conferred upon it by this Charter in connection with any dispute or situation, the General Assembly shall not make any recommendations concerning that dispute or situation unless the Security Council so requests.
- The Secretary-General shall, with the agreement of the Security Council, notify the General Assembly at each meeting of any matter relating to the maintenance of international peace and security dealt with by the Security Council and shall notify the General Assembly or the members of the United Nations accordingly, if the General Assembly does not sit, immediately after the Security Council has ceased to discuss such matters.
Article 13
- The General Assembly shall initiate studies and make recommendations for:
- promoting international cooperation in the political field and promoting the progressive development and codification of international law;
- promoting international cooperation in the economic, social, cultural, educational and health fields and helping to realise human rights and fundamental freedoms for all without distinction in race, sex, language or religion.
- Other responsibilities, functions and powers of the General Assembly concerning matters referred to in paragraph 1 (b). (b) the above are laid down in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly may recommend measures to address peacefully any situation, regardless of its origin, which it considers likely to harm the general well-being or friendship between nations, including those resulting from violations of the provisions of this Charter setting out the objectives and principles of the United Nations.
Article 15
- The General Assembly shall adopt and discuss the annual and special Security Council reports; these reports shall contain a description of the measures decided upon by the Security Council or adopted to maintain international peace and security.
- The General Assembly shall receive and discuss reports from the other United Nations bodies.
Article 16
The General Assembly shall perform, in the context of the international custody system, such functions as are conferred on it under Chapters XII and XIII, including the approval of custody agreements for areas not designated as strategic.
Article 17
- The General Assembly shall discuss and approve the budget of the Organisation.
- The expenditure of the Organisation shall be borne by the Members as they are distributed by the General Assembly.
- The General Assembly shall discuss and approve all financial and budgetary arrangements with the specialised organisations referred to in Article 57 and shall review the administrative budgets of those specialised organisations in order to make recommendations to the organisations concerned.
VOTING
Article 18
- Each member of the General Assembly shall have one vote.
- Decisions of the General Assembly on important issues shall be taken by a two-thirds majority of the members present and voting. These issues include: recommendations on maintaining international peace and security, the election of unstable members of the Security Council, the election of members of the Economic and Social Council, the election of members of the Council of Indemnities in accordance with paragraph 1 (a). (c) Article 86, admission of new members to the United Nations, suspension of rights and privileges of membership, exclusion of members, issues relating to the functioning of the detention system and budgetary issues.
- Decisions on other issues, including the setting of other categories of issues decided by a two-thirds majority, shall be taken by a majority of the members present and voting.
Article 19
A United Nations member who is late in paying his financial contributions to the Organisation shall not have the right to vote in the General Assembly if the amount of his arrears is equal to or exceeds the amount of his contributions to be paid for the previous two full years. However, the General Assembly may allow such a member to vote if it is satisfied that the non-payment is due to circumstances beyond the control of the member.
POSTUP
Article 20
The General Assembly shall meet at regular annual meetings and at extraordinary meetings which require circumstances. Extraordinary meetings shall be convened by the Secretary-General at the request of the Security Council or of a majority of the members of the United Nations.
Article 21
The General Assembly shall adopt its rules of procedure. For each meeting, he shall elect his chairman.
Article 22
The General Assembly may establish such auxiliary bodies as it considers necessary for the performance of its functions.
Chapter V: Security Council
COMPOSITION
Article 23
- The Security Council shall consist of 15 members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America are permanent members of the Security Council. The General Assembly shall elect ten additional members of the United Nations as unstable members of the Security Council, paying particular attention to the contribution of the United Nations members to maintaining international peace and security and to the organisation's other objectives and to fair geographical distribution.
- The unstable members of the Security Council shall be elected for a term of two years. In the first election of unstable members, following an increase in the number of members of the Security Council from 11 to 15, two of the four other members will be elected for a term of office of one year. The outgoing member cannot be re-elected immediately.
- Each member of the Security Council shall have one representative.
FUNCTIONS AND POWERS
Article 24
- In order to ensure rapid and effective action by the United Nations, its members shall give the Security Council primary responsibility for maintaining international peace and security and agree to act on their behalf in the performance of their duties under this responsibility.
- In carrying out these tasks, the Security Council shall act in accordance with the objectives and principles of the United Nations. The specific powers conferred on the Security Council for the performance of these tasks are laid down in Chapters VI, VII, VIII and XII.
- The Security Council shall submit to the General Assembly for consideration of the annual and, where necessary, specific reports.
Article 25
The members of the United Nations agree to adopt and implement decisions of the Security Council in accordance with this Charter.
Article 26
In order to promote the establishment and maintenance of international peace and security, using as little as possible the world's human and economic resources for arms, the Security Council shall be entrusted with the preparation, with the assistance of the Military Staff Committee referred to in Article 47, of plans to establish a system of arms control to be submitted to the members of the United Nations.
VOTING
Article 27
- Each member of the Security Council shall have one vote.
- Security Council decisions on procedural matters shall be adopted by the vote of nine members.
- The Security Council's decisions on all other matters shall be made by a positive vote of nine members, including the votes of the permanent members agreed; provided that the Party to the dispute abstain from voting in decisions under Chapter VI and Article 52, paragraph 3.
POSTUP
Article 28
- The Security Council will be organised in such a way that it can function continuously. Each member of the Security Council shall be represented at the seat of the Organisation for this purpose at all times.
- The Security Council shall hold regular meetings at which each member of its members may, if he so wishes, be represented by a member of the Government or by another specially designated representative.
- The Security Council may hold meetings outside the headquarters of the Organisation, which, in its judgement, will best facilitate its work.
Article 29
The Security Council may establish such subsidiary bodies as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including the way in which it chooses its chairman.
Article 31
Any United Nations member not a member of the Security Council may, without voting rights, participate in any matter referred to the Security Council whenever the Security Council considers that the interests of that member are particularly affected.
Article 32
Any member of the United Nations who is not a member of the Security Council or any State which is not a member of the United Nations, if a party to a dispute pending by the Security Council, shall be invited to participate in the dispute without the right to vote. The Security Council shall determine the conditions which it considers to be fair for the participation of a State which is not a member of the United Nations.
Chapter VI: Peaceful settlement of disputes
Article 33
- Parties to any dispute whose continuation could jeopardise the maintenance of international peace and security will first seek solutions to negotiations, investigations, mediation, conciliation, arbitration, judicial settlement, recourse to regional agencies or arrangements or other peaceful means of their choice.
- The Security Council shall, if it considers it necessary, invite the Parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute or situation which may lead to international friction or raise disputes in order to determine whether the continuation of the dispute or the situation is likely to jeopardise the maintenance of international peace and security.
Article 35
- Any member of the United Nations may refer any dispute or situation of the nature referred to in Article 34 to the Security Council or to the General Assembly.
- A State not a member of the United Nations may draw the attention of the Security Council or the General Assembly to any dispute which it is a party to if it accepts in advance the obligations of the peace settlement provided for in this Charter for the purposes of the dispute.
- The General Assembly's deliberations on matters which have been submitted to it under this Article shall be governed by the provisions of Articles 11 and 12.
Article 36
- The Security Council may at any stage of the dispute of the nature referred to in Article 33 or a situation similar to that of the Security Council recommend appropriate procedures or methods of resolution.
- The Security Council should take into account all procedures for settling the dispute already adopted by the Parties.
- When making recommendations under this Article, the Security Council should also take into account that legal disputes should normally be brought before the International Court of Justice by the parties in accordance with the provisions of the Statute of the Court of First Instance.
Article 37
- If the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means referred to in this Article, they shall refer it to the Security Council.
- If the Security Council considers that the continuation of the dispute is likely to jeopardise the maintenance of international peace and security, it shall decide whether to take action under Article 36 or recommend the conditions of settlement which it considers appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if requested by all parties to the dispute, make recommendations to the parties with a view to peaceful settlement of the dispute.
Chapter VII: Measures concerning peace threats, peace breaches and attacks
Article 39
The Security Council shall determine the existence of any threat to peace, peace or attack and shall make recommendations or decide on the measures to be taken in accordance with Articles 41 and 42 to maintain or restore international peace and security.
Article 40
In order to avoid deterioration, the Security Council may, before making a recommendation or decision on the measures provided for in Article 39, invite interested parties to comply with such provisional measures as it considers necessary or desirable. Such provisional measures will not be detrimental to the rights, claims or position of the interested parties. The Security Council shall take due account of the non-compliance with these provisional measures.
Article 41
The Security Council may decide which measures not involving the use of the armed forces are to be used to implement its decisions and may invite the members of the United Nations to apply such measures. Such measures may include the total or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other communication and the interruption of diplomatic relations.
Article 42
Should the Security Council consider that the measures provided for in Article 41 would be insufficient or prove insufficient, it may take such action by air, sea or ground forces as are necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other operations of the Air, Maritime or Land Force members of the United Nations.
Article 43
- All members of the United Nations undertake to make available, at its request and in accordance with the specific agreement or agreements of the armed forces, assistance and facilities, including the right of passage, necessary to maintain international peace and security in order to contribute to the maintenance of international peace and security.
- Such an agreement or agreements shall regulate the number and types of forces, the degree of readiness and the general location and nature of the facilities and assistance to be provided.
- The Agreement or Agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and the members or between the Security Council and the groups of members and shall be subject to ratification by the signatory States in accordance with their respective constitutional procedures.
Article 44
If the Security Council decides to use force before inviting a member not represented in it to provide the armed forces with commitments taken over under Article 43, it shall invite that member to participate in the Security Council's decision to deploy the armed forces of that member.
Article 45
In order to allow the United Nations to take urgent military measures, members will immediately have the national air force contingent for a joint international coercive action. The number and degree of preparedness of these Contents and the plans of their Joint Action shall be determined by the Security Council, assisted by the Committee of Military Staff, within the limits set out in the specific agreement or agreements referred to in Article 43.
Article 46
Plans for use of the armed forces shall be drawn up by the Security Council, assisted by the Military Staff Committee.
Article 47
- A Committee of Military Staff will be set up to advise and assist the Security Council on all matters relating to the military needs of the Security Council for the maintenance of international peace and security, the use and command of the forces at its disposal, the regulation of arms and possible disarmament.
- The Committee of Military Staff shall consist of the Joint Chiefs of Staff of the Permanent Security Council or their representatives. Any member of the United Nations who is not permanently represented in the Committee shall be invited by the Committee to join its work if the effective performance of its duties requires that member to participate in its work.
- The Military Staff Committee will be responsible for strategic direction of all the armed forces in charge of the Security Council. Questions concerning the command of these forces will be discussed in an additional manner.
- The Committee of Military Staff may, with the permission of the Security Council and after consulting the relevant regional authorities, set up regional subcommittees.
Article 48
- The activities necessary for the implementation of the Security Council's decisions to maintain international peace and security will be undertaken by all or some of the members of the United Nations, as determined by the Security Council.
- Such decisions shall be implemented by the members of the United Nations directly and through their activities in the relevant international organisations of which they are members.
Article 49
The members of the United Nations will assist each other in implementing the measures decided by the Security Council.
Article 50
If the Security Council adopts preventive or enforcement measures against any State, each other State, whether or not a member of the United Nations, which is confronted with specific economic problems arising from the implementation of those measures, shall have the right to consult the Security Council on the resolution of those problems.
Article 51
Nothing in this Charter limits the inherent right to individual or collective self-defence if they engage in an armed attack against a member of the United Nations until the Security Council has taken the necessary measures to maintain international peace and security. The measures taken by members in the exercise of this right of self-defence shall be immediately notified to the Security Council and shall in no way affect the power and responsibility of the Security Council under this Charter to take any measures which it considers necessary to maintain or restore international peace and security.
Chapter VIII: Regional arrangements
Article 52
- Nothing in this Charter shall preclude the existence of regional arrangements or agencies to deal with such matters concerning the maintenance of international peace and security that are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the objectives and principles of the United Nations.
- The members of the United Nations who enter into such arrangements or establish such agencies shall make every effort to achieve a peaceful settlement of local disputes through such regional arrangements or regional agencies before submitting them to the Security Council.
- The Security Council will support the development of peaceful resolution of local disputes through such regional arrangements or such regional agencies, either at the initiative of the States concerned or at the recommendation of the Security Council.
- This Article shall in no way restrict the application of Articles 34 and 35.
Article 53
- The Security Council shall, where appropriate, use such regional arrangements or bodies for enforcement measures within its competence. However, no enforcement measure may be taken on the basis of regional arrangements or regional authorities without the authorisation of the Security Council, except for measures against an enemy State as defined in paragraph 2 of this Article, as defined in Article 107 or in regional arrangements aimed at preventing the recovery of an aggressive policy by any such State, until the Organisation has been entrusted, at the request of the participating governments, with responsibility for preventing further aggression by that State.
- The term "hostile State ', as used in paragraph 1 of this Article, shall apply to any State which was an enemy of any signatory to this Charter during the Second World War.
Article 54
The Security Council will be kept fully informed of the activities undertaken or planned under regional arrangements or regional agencies to maintain international peace and security.
Chapter IX: International Economic and Social Cooperation
Article 55
In order to create the conditions of stability and well-being necessary for peaceful and friendly relations between nations based on respect for the principle of equal rights and the self-determination of nations, the United Nations will support:
- higher living standards, full employment and conditions for economic, social and development;
- the management of international economic, social, health and related problems and international cultural and educational cooperation; and
- general respect and respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion.
Article 56
All members undertake to take joint and separate steps in cooperation with the Organisation to achieve the objectives set out in Article 55.
Article 57
- The various specialised organisations set up by the intergovernmental agreement and having broad international responsibilities as defined in their basic documents, in economic, social, cultural, educational, health and related fields, shall be brought into relations with the United Nations in accordance with the provisions of Article 63.
- Such agencies, thus listed in a relationship with the United Nations, shall be hereinafter referred to as specialised agencies.
Article 58
The organisation shall make recommendations for the coordination of policies and activities of specialised organisations.
Article 59
The organisation shall, if necessary, initiate negotiations between the States concerned on the establishment of the new specialised agencies necessary to achieve the objectives set out in Article 55.
Article 60
The responsibility for the performance of the functions of the Organisation set out in this Chapter shall be the General Assembly and under its responsibility the Economic and Social Council, which shall have the powers set out in Chapter X for this purpose.
Chapter X: Economic and Social Council
COMPOSITION
Article 61
- The Economic and Social Council shall consist of fifty-four members of the United Nations elected by the General Assembly.
- Subject to paragraph 3, 18 members of the Economic and Social Council shall be elected each year for a term of three years. The outgoing member shall be entitled to be re-elected immediately.
- In the first elections following an increase in the number of members of the Economic and Social Council from 27 to 54 members, in addition to the members elected instead of nine members whose term of office expires at the end of the year, a further 27 members will be elected. Of these 27 other members, nine members so elected shall expire at the end of one year and nine other members at the end of two years in accordance with the General Assembly's arrangements.
- Each member of the Economic and Social Council shall have one representative.
FUNCTIONS AND POWERS
Article 62
- The Economic and Social Council may draw up or initiate studies and reports on international economic, social, cultural, educational, health and related matters and may make recommendations on any such matters to the General Assembly, the members of the United Nations and the relevant specialised organisations.
- It may make recommendations to promote respect for and respect for human rights and fundamental freedoms for all.
- It may prepare draft conventions for the submission to the General Assembly of matters falling within its competence.
- It may convene international conferences in accordance with the rules laid down by the United Nations on matters within its competence.
Article 63
- The Economic and Social Council may conclude agreements with any of the organisations referred to in Article 57 which define the conditions under which the organisation concerned will be brought into relations with the United Nations. Such agreements shall be subject to approval by the General Assembly.
- It may coordinate the activities of specialised agencies by consulting and recommending these agencies and by recommending to the General Assembly and to the members of the United Nations.
Article 64
- The Economic and Social Council may take appropriate steps to obtain regular reports from specialised organisations. It may agree with the members of the United Nations and with specialised organisations to obtain reports on the steps taken to implement its own recommendations and recommendations of the General Assembly on matters within its competence.
- It may make its observations on these reports to the General Assembly.
Article 65
The Economic and Social Council may provide information to the Security Council and shall assist it at its request.
Article 66
- The Economic and Social Council shall exercise the functions which fall within its competence in the context of the implementation of the recommendations of the General Assembly.
- It may, with the consent of the General Assembly, perform services at the request of the members of the United Nations and at the request of the specialised organisations.
- It will fulfil other functions that are listed elsewhere in this Charter or which may be entrusted to it by the General Assembly.
VOTING
Article 67
- Each member of the Economic and Social Council shall have one vote.
- Decisions of the Economic and Social Council shall be taken by a majority of the members present and voting.
POSTUP
Article 68
The Economic and Social Council shall establish a Commission in the economic and social field and for the promotion of human rights and other commissions which may be necessary for the performance of its functions.
Article 69
The Economic and Social Council shall invite any member of the United Nations to participate, without the right to vote, in its deliberations on any matter which particularly affects that member.
Article 70
The Economic and Social Council may take measures to ensure that representatives of specialised organisations participate without the right to vote in its deliberations and the meetings of the commissions it has set up and that representatives of its representatives participate in the meetings of specialised organisations.
Article 71
The Economic and Social Council may take appropriate measures to consult non-governmental organisations which deal with matters falling within its competence. Such measures may be taken with international organisations and, where appropriate, with national organisations after consultation of the United Nations Member concerned.
Article 72
- The Economic and Social Council shall adopt its own rules of procedure, including the way in which its President is elected.
- The Economic and Social Council shall meet as necessary in accordance with its rules of procedure, which shall include provisions for the convening of meetings at the request of a majority of its members.
Chapter XI: Declaration on non-autonomous territories
Article 73
The members of the United Nations, who are responsible or assume responsibility for the administration of territories whose inhabitants have not yet reached the full level of self-government, recognise the principle that the interests of the inhabitants of those territories are paramount and accept as a sacred task the obligation to support as far as possible within the framework of the international peace and security system established by this Charter of the well-being of the inhabitants of those territories and to that end:
- ensure, with due respect for the culture of the nations concerned, their political, economic, social and educational progress, fair treatment and protection from abuse;
- develop self-governance, take due account of the political aspirations of nations and assist them in the gradual development of their free political institutions, in accordance with the specific circumstances of each territory and its peoples and their different levels of development;
- to strengthen international peace and security;
- promote constructive development measures, encourage research and cooperate with each other and, where necessary, with specialised international bodies in order to achieve practically the social, economic and scientific objectives set out in this Article; and
- to transmit to the Secretary-General, on a regular basis, for information purposes, subject to the restrictions required by security and constitutional considerations, statistical and other technical information concerning economic, social and educational conditions in the territories for which they are responsible, except for the territories covered by Chapters XII and XIII.
Article 74
The United Nations members also agreed that their policy in relation to the territories covered by this Chapter, as well as in relation to their metropolitan areas, must be based on the general principle of good neighbourhood, taking due account of the interests and well-being of the rest of the world in social, economic and trade matters.
Chapter XII: International system of custody
Article 75
The United Nations shall establish an international detention system under its jurisdiction for the management and supervision of territories, which shall be entrusted to it under subsequent individual agreements. These territories shall be hereinafter referred to as the territorial territories of the Penal Office.
Article 76
The basic objectives of the custody system, in accordance with the United Nations objectives set out in Article 1 of this Charter, shall be:
- to strengthen international peace and security;
- promote the political, economic, social and educational progress of the residents of the trust territories and their progressive development towards self-government or independence, as appropriate to the specific circumstances of each territory and its inhabitants and to the freely expressed wishes of the concerned populations, and as laid down in the terms of each trust agreement;
- promote respect for human rights and fundamental freedoms for all without distinction between race, sex, language or religion and promote the recognition of the interdependence of the peoples of the world; and
- ensure equal treatment in social, economic and trade matters for all members of the United Nations and their nationals, and also equal treatment in the exercise of justice, without prejudice to the achievement of the above objectives and subject to the provisions of Article 80.
Article 77
- The custody system shall cover the territory in the following categories which may be included in it through custody agreements:
- territories now under a mandate;
- territories which may be separated from enemy states as a result of World War II; and
- territories voluntarily included in the system by the States responsible for their administration.
- It will be the subject of a later agreement which territories of the above categories will be transferred to the trust system and under which conditions.
Article 78
The system of detention shall not apply to territories which have become members of the United Nations, whose relations are based on respect for the principle of sovereign equality.
Article 79
The conditions of custody for each territory to be subject to the custody system, including any amendments or additions, shall be agreed directly by the States concerned, including compulsory powers in the case of territories held under a mandate by a member of the United Nations, and shall be approved in accordance with the procedure laid down in Articles 83 and 85.
Article 80
- Except where individual liability agreements concluded in accordance with Articles 77, 79 and 81 which include each territory in the system of liability and until such agreements are concluded, nothing in this Chapter may be interpreted in itself by any way that would alter the rights of any State or of the Nations or the provisions of existing international instruments to which members of the United Nations may be party.
- Paragraph 1 of this Article shall not be construed as a reason for delay or delay in the proceedings and the conclusion of agreements on the inclusion of mandates and other territories under the regime of detention as provided for in Article 77.
Article 81
In any event, the management agreement shall contain the conditions under which the trust territory will be managed and shall designate the authority to exercise the management of the trust territory. Such an authority, hereinafter referred to as "the administrator," may be one or more States or the Organisation itself.
Article 82
Any trust agreement may identify a strategic area or area which may include part or whole of the trust territory covered by the agreement, without prejudice to any specific agreement or agreement concluded pursuant to Article 43.
Article 83
- All functions of the United Nations concerning strategic areas, including the approval of the terms of and amendments to the governance agreements or amendments thereto, shall be performed by the Security Council.
- The basic objectives set out in Article 76 shall apply to the population of each strategic area.
- The Security Council will, subject to the provisions of the Conviction Agreements and without prejudice to security aspects, use assistance from the Conviction Council to fulfil those functions of the United Nations in the framework of the Conviction System concerning political, economic, social and educational matters in strategic areas.
Article 84
The duty of the management of power is to ensure that the trust area plays its role in maintaining international peace and security. To this end, the power-managing authority may use the voluntary force, facilities and assistance from the trust territory to fulfil the obligations towards the Security Council which it has assumed in this respect, as well as to defend and maintain local law and order in the trust territory.
Article 85
- The functions of the United Nations concerning asset management agreements for all areas not designated as strategic, including the approval of the terms and conditions of the asset management agreements and amendments thereto, shall be exercised by the General Assembly.
- The General Assembly shall be assisted by the Command Council acting under the authority of the General Assembly in the performance of these functions.
Chapter XIII: The Subordinate Board
COMPOSITION
Article 86
- The Subordination Board shall consist of the following members of the United Nations:
- the members managing the trust areas;
- those members named in Article 23 who do not manage trust areas; and
- as many other members elected by the General Assembly for a three-year term as is necessary to ensure that the total number of members of the Council of Indemnities is distributed evenly between those members of the United Nations who manage trust areas and those who do not.
- Each member of the Management Board shall designate one particularly qualified person to represent him.
FUNCTIONS AND POWERS
Article 87
The General Assembly and its powers of authority may, in the performance of its functions:
- discuss reports submitted by the administrative authority;
- receive petitions and discuss them in cooperation with the administrative authority;
- ensure regular visits to the relevant trust areas at times agreed with the managing authority; and
- take these and other steps in accordance with the terms of the property management contracts.
Article 88
The Conviction Board shall draw up a questionnaire on the political, economic, social and educational progress of the residents of each trust territory and shall submit an annual report to the General Assembly on the basis of this questionnaire by the managing authority for each trust territory under the responsibility of the General Assembly.
VOTING
Article 89
- Each member of the Board of Directors shall have one vote.
- Decisions of the Management Board shall be taken by a majority of the members present and voting.
POSTUP
Article 90
- The Management Board shall adopt its own rules of procedure, including the way in which its chairman is elected.
- The Management Board shall meet as necessary in accordance with its rules of procedure, which shall include provisions for the convening of meetings at the request of a majority of its members.
Article 91
The Convict Board shall, where necessary, use assistance from the Economic and Social Council and specialised organisations on matters addressed by those organisations.
Chapter XIV: International Court of Justice
Article 92
The International Court of Justice is the main judicial body of the United Nations. It shall operate in accordance with the attached Statute, which shall be based on the Statute of the Standing Court of International Justice and shall form an integral part of this Charter.
Article 93
- All members of the United Nations are ipso-factually parties to the Statute of the International Court of Justice.
- A State which is not a member of the United Nations may become a party to the Statute of the International Court of Justice under the conditions laid down in any case by the General Assembly on a recommendation from the Security Council.
Article 94
- Each member of the United Nations undertakes to comply with the International Court of Justice ruling in any case to which he is a party.
- If any party to the dispute fails to fulfil its obligations under a judgment given by the Court of First Instance, the other party may refer the matter to the Security Council which, if it deems necessary, may make recommendations or decide on the measures to be taken to implement the judgment.
Article 95
Nothing in this Charter shall prevent the members of the United Nations from conferring their disputes on other tribunals under agreements already in existence or which may be concluded in the future.
Article 96
- The General Assembly or the Security Council may request an opinion from the International Court of Justice on any legal issue.
- Other United Nations bodies and specialised organisations which may be empowered to do so at any time by the General Assembly may also request the Court of First Instance to give its opinions on the legal issues arising from their activities.
Chapter XV: Secretariat
Article 97
The Secretariat shall consist of the Secretary-General and such staff as the Organisation may need. The Secretary-General shall be appointed by the General Assembly on a recommendation from the Security Council. He is the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in this capacity at all meetings of the General Assembly, the Security Council, the Economic and Social Council and the Council of the Porcupines and shall perform the other duties entrusted to him by those authorities. The Secretary-General shall submit an annual report on the work of the Organisation to the General Assembly.
Article 99
The Secretary-General may draw the Security Council's attention to any matter which he considers could jeopardise the maintenance of international peace and security.
Article 100
- In the performance of his duties, the Secretary-General and his staff shall neither seek nor take instructions from any government nor from any other body outside the Organisation. They shall refrain from any action which may affect their status as international officials responsible only to the Organisation.
- Each member of the United Nations undertakes to respect the exclusive international nature of the responsibilities of the Secretary-General and his staff and not to try to influence them in the performance of their duties.
Article 101
- The Secretary-General shall be appointed by the staff member in accordance with the rules laid down by the General Assembly.
- The relevant staff members shall be permanently assigned to the Economic and Social Council, the Conviction Council and, where appropriate, other United Nations bodies. These staff members will be part of the Secretariat.
- The primary aspect of employment and working conditions will be to ensure the highest standards of efficiency, competence and integrity. Due attention will be paid to the importance of recruitment on the broadest possible geographical basis.
Chapter XVI: Miscellaneous provisions
Article 102
- Any contract and any international agreement concluded by any member of the United Nations after the entry into force of this Charter shall be registered and published as soon as possible with the Secretariat.
- No party to such a contract or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may rely on this Treaty or agreement before any United Nations institution.
Article 103
In the event of a conflict between the obligations of the United Nations members under this Charter and their obligations under any other international agreement, their obligations under this Charter shall prevail.
Article 104
The organisation shall enjoy in the territory of each of its members the legal capacity necessary for the performance of its functions and the fulfilment of its objectives.
Article 105
- The organisation shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the achievement of its objectives.
- Representatives of the members of the United Nations and officials of the Organisation shall enjoy, mutatis mutandis, the privileges and immunities necessary for the independent exercise of their functions in relation to the Organisation.
- The General Assembly may make recommendations to establish the details of the application of paragraphs 1 and 2 of this Article or propose to that end to the members of the United Nations the Convention.
Chapter XVII: Transitional security measures
Article 106
Pending the entry into force of the specific agreements referred to in Article 43, which, in the Security Council's view, allow the performance of its duties under Article 42, the Parties to the Four National Declaration, signed in Moscow on 30 December 2005, shall be entitled to apply. On October 1943, and in accordance with paragraph 5 of this Declaration, consult each other and, where appropriate, the other members of the United Nations on joint actions on behalf of the Organisation which may be necessary to maintain international peace and security.
Article 107
Nothing in this Charter shall invalidate or prevent the action taken or authorised as a result of this war by governments responsible for such action against any State which was the enemy of any signatory to this Charter during the Second World War.
Chapter XVIII: Amendments
Article 108
The amendments to this Charter shall enter into force for all members of the United Nations as soon as they are adopted by a two-thirds majority of the members of the General Assembly and ratified in accordance with their respective constitutional procedures by two thirds of the members of the United Nations, including all permanent members of the Security Council.
Article 109
- The General Conference of the United Nations Members for the purpose of the revision of this Charter may be held on a date and place to be determined by a two-thirds majority of the members of the General Assembly and by the votes of any nine members of the Security Council. Each member of the United Nations shall have one vote at the conference.
- Any amendment to this Charter recommended by a two-thirds majority of the Conference will take effect once it has been ratified in accordance with their respective constitutional procedures by two thirds of the members of the United Nations, including all permanent members of the Security Council.
- If such a conference is not held before the 10th annual meeting of the General Assembly after the entry into force of this Charter, the proposal to convene such a conference shall be included in the agenda of this meeting of the General Assembly and the conference shall be held if the majority of the members of the General Assembly and the votes of seven members of the Security Council so decide.
Chapter XIX: Ratification and signature
Article 110
- This Charter shall be ratified by the signatory States in accordance with their respective constitutional procedures.
- The instruments of ratification shall be deposited with the Government of the United States of America, which shall inform all signatory States of any deposit, as well as the Secretary-General of the Organisation, as soon as he is appointed.
- This Charter will enter into force after the deposit of the instruments of ratification by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America and most of the other signatory states. The Government of the United States of America shall then draw up a Protocol on the ratification imposed and send copies of it to all signatory States.
- The States which signed this Charter and ratify it after its entry into force shall become the original members of the United Nations on the date of deposit of their respective instruments of ratification.
Article 111
This Charter, whose Chinese, French, Russian, English and Spanish versions are equally authentic, will remain in the archives of the United States Government. Its duly certified copies will be handed over by this government to the governments of other signatory states.
In faith, which was signed by the representatives of the United Nations governments, this Charter. Dane in San Francisco on the 26th June of the year a thousand nine hundred forty-five.
Note on amendments to Articles 23, 27, 61 and 109
Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17. On 31 December 1963 and in force on 31 December 1963. August 1965. The further amendment to Article 61 was adopted by the General Assembly on 20. On 1 December 1971, and in accordance with Article 5 (2) of the Agreement, the Council adopted Decision (CFSP) 2017 / 247 [2]. September 1973. Amendment of Article 109, adopted by the General Assembly on 20. On 12 December 1965, it entered into force. June 1968.
The amendment of Article 23 extends the number of members of the Security Council from 11 to 15. Article 27 amended provides that decisions of the Security Council on procedural matters shall be taken by a positive vote of nine members (formerly seven) and, in all other matters, by a positive vote of nine members (formerly seven), including the vote of five permanent members of the Security Council.
Amendment to Article 61 which entered into force 31. On August 1965, she extended the number of members of the Economic and Social Council from 18 to 27. A subsequent amendment to this Article, which entered into force 24. On September 1973, it further increased the number of Council members from 27 to 54.
The amendment to Article 109, as regards the first paragraph of that Article, provides that the General Conference of the Member States for the purpose of the revision of the Charter may take place on a date and on the spot to be determined by a two-thirds majority of the members of the General Assembly and the vote of nine (previously seven) members of the Security Council. Paragraph 3 of Article 109, which deals with the discussion of a possible revision conference during the 10th ordinary session of the General Assembly, was maintained in its original form as regards the "vote of seven members of the Security Council ', which was decided on in 1955 by the General Assembly at its tenth ordinary session and by the Security Council.
