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UN charter

By Darlene Ramos,2014-09-18 23:11
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UN charter

INDEX

    ; Introductory Note

    ; Preamble

    ; Chapter I: Purposes and Principles

    ; Chapter II: Membership

    ; Chapter III: Organs

    ; Chapter IV: The General Assembly

    ; Chapter V: The Security Council

    ; Chapter VI: Pacific Settlement of Disputes ; Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace and

    Acts of Agression

    ; Chapter VIII: Regional Arrangements

    ; Chapter IX: International Economic and Social Co-operation ; Chapter X: The Economic and Social Council ; Chapter XI: Declaration regarding Non-Self-Governing Territories

    ; Chapter XII: International Trusteeship System ; Chapter XIII: The Trusteeship System ; Chapter XIV: The International Court of Justice ; Chapter XV: The Secretariat

    ; Chapter XVI: Miscellaneous Provisions ; Chapter XVII: Transitional Security Arrangements ; Chapter XVIII: Amendments

; Chapter XIX: Ratification and Signature

INTRODUCTORY NOTE

    The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

    Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17 December 1963 and came into force on 31 August 1965. A further amendment to Article 61 was adopted by the General Assembly on 20 December 1971, and came into force on 24 September 1973. An amendment to Article 109, adopted by the General Assembly on 20 December 1965, came into force on 12 June 1968.

    The amendment to Article 23 enlarges the membership of the Security Council from eleven to fifteen. The amended Article 27 provides that decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council.

    The amendment to Article 61, which entered into force on 31 August 1965, enlarged the membership of the Economic and Social Council from eighteen to twenty-seven. The subsequent amendment to that Article, which entered into force on 24 September 1973, further increased the membership of the Council from twenty-seven to fifty-four.

    The amendment to Article 109, which relates to the first paragraph of that Article, provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council. Paragraph 3 of Article 109, which deals with the consideration of a possible review conference during the tenth regular session of the General Assembly, has been retained in its original form in its reference to a "vote, of any seven members of the Security Council", the paragraph having been acted upon in 1955 by the General Assembly, at its tenth regular session, and by the Security Council. PREAMBLE

    WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

    ; to save succeeding generations from the scourge of war, which twice in our lifetime

    has brought untold sorrow to mankind, and

    ; to reaffirm faith in fundamental human rights, in the dignity and worth of the human

    person, in the equal rights of men and women and of nations large and small, and

    ; to establish conditions under which justice and respect for the obligations arising

    from 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 neighbours,

    and

    ; to unite our strength to maintain international peace and security, and ; to ensure, by the acceptance of principles and the institution of methods, that armed

    force shall not be used, save in the common interest, and

    ; to employ international machinery for the promotion of the economic and social

    advancement of all peoples,

    HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

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

    CHAPTER I: PURPOSES AND PRINCIPLES

    Article 1

    The Purposes of the United Nations are:

    1. To maintain international peace and security, and to that end: to take effective

    collective measures for the prevention and removal of threats to the peace, and for the

    suppression of acts of aggression or other breaches of the peace, and to bring about by

    peaceful means, and in conformity with the principles of justice and international law,

    adjustment or settlement of international disputes or situations which might lead to a

    breach of the peace;

    2. To develop friendly relations among nations based on respect for the principle of

    equal rights and self-determination of peoples, and to take other appropriate measures to

    strengthen universal peace;

    3. To achieve international co-operation in solving international problems of an

    economic, social, cultural, or humanitarian character, and in promoting and encouraging

    respect for human rights and for fundamental freedoms for all without distinction as to

    race, sex, language, or religion; and

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

    common ends.

    Article 2

    The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

    1. The Organization is based on the principle of the sovereign equality of all its

    Members.

    2. All Members, in order to ensure to all of them the rights and benefits resulting from

    membership, shall fulfill in good faith the obligations assumed by them in accordance with

    the present Charter.

    3. All Members shall settle their international disputes by peaceful means in such a

    manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or 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.

    5. All Members shall give the United Nations every assistance in any action it takes in

    accordance with the present Charter, and shall refrain from giving assistance to any state

    against which the United Nations is taking preventive or enforcement action. 6. The Organization shall ensure that states which are not Members of the United

    Nations act in accordance with these Principles so far as may be necessary for the

    maintenance of international peace and security.

    7. Nothing contained in the present Charter shall authorize the United Nations to

    intervene in matters which are essentially within the domestic jurisdiction of any state or

    shall require the Members to submit such matters to settlement under the present Charter;

    but this principle shall not prejudice the application of enforcement measures under

    Chapter Vll.

    CHAPTER II: MEMBERSHIP

    Article 3

    The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the 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 which

    accept the obligations contained in the present Charter and, in the judgment of the

    Organization, are able and willing to carry out these obligations.

    2. The admission of any such state to membership in the United Nations will be effected

    by a decision of the General Assembly upon the recommendation of the Security Council. Article 5

    A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council. Article 6

    A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

    CHAPTER III: ORGANS

    Article 7

    1. There are established as principal organs of the United Nations: a General Assembly,

    a Security Council, an Economic and Social Council, a Trusteeship Council, an

    International Court of Justice and a Secretariat.

    2. Such subsidiary organs as may be found necessary may be established in

    accordance with the present Charter.

    Article 8

    The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. CHAPTER IV: THE 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 General Assembly.

FUNCTIONS and POWERS

    Article 10

    The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter,

    and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters. Article 11

    1. The General Assembly may consider the general principles of co-operation in the

    maintenance of international peace and security, including the principles governing

    disarmament and the regulation of armaments, and may make recommendations with

    regard to such principles to the Members or to the Security Council or to both. 2. The General Assembly may discuss any questions relating to the maintenance of

    international peace and security brought before it by any Member of the United Nations, or

    by the Security Council, or by a state which is not a Member of the United Nations in

    accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make

    recommendations with regard to any such questions to the state or states concerned or to

    the Security Council or to both. Any such question on which action is necessary shall be

    referred to the Security Council by the General Assembly either before or after discussion. 3. The General Assembly may call the attention of the Security Council to situations

    which are likely to endanger international peace and security.

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

    scope of Article 10.

    Article 12

    1. While the Security Council is exercising in respect of any dispute or situation the

    functions assigned to it in the present Charter, the General Assembly shall not make any

    recommendation with regard to that dispute or situation unless the Security Council so

    requests.

    2. The Secretary-General, with the consent of the Security Council, shall notify the

    General Assembly at each session of any matters relative to the maintenance of

    international peace and security which are being dealt with by the Security Council and

    shall similarly notify the General Assembly, or the Members of the United Nations if the

    General Assembly is not in session, immediately the Security Council ceases to deal with

    such matters.

    Article 13

    1. The General Assembly shall initiate studies and make recommendations for the

    purpose of: a. promoting international co-operation in the political field and encouraging

    the progressive development of international law and its codification; b. promoting

    international co-operation in the economic, social, cultural, educational, and health fields,

    and assisting in the realization of human rights and fundamental freedoms for all without

    distinction as to race, sex, language, or religion.

    2. The further responsibilities, functions and powers of the General Assembly with

    respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.

Article 14

    Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

    Article 15

    1. The General Assembly shall receive and consider annual and special reports from the

    Security Council; these reports shall include an account of the measures that the Security

    Council has decided upon or taken to maintain international peace and security. 2. The General Assembly shall receive and consider reports from the other organs of the

    United Nations.

    Article 16

    The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval 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 apportioned by

    the General Assembly.

    3. The General Assembly shall consider and approve any financial and budgetary

    arrangements with specialized agencies referred to in Article 57 and shall examine the

    administrative budgets of such specialized agencies with a view to making

    recommendations 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 and security, the

    election of the non-permanent members of the Security Council, the election of the

    members of the Economic and Social Council, the election of members of the Trusteeship

    Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to

    the United Nations, the suspension of the rights and privileges of membership, the

    expulsion of Members, questions relating to the operation of the trusteeship system, and

    budgetary questions.

    3. Decisions on other questions, including the determination of additional categories of

    questions to be decided by a two-thirds majority, shall be made by a majority of the

    members present and voting.

    Article 19

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

PROCEDURE