Docsity
Docsity

Prepara i tuoi esami
Prepara i tuoi esami

Studia grazie alle numerose risorse presenti su Docsity


Ottieni i punti per scaricare
Ottieni i punti per scaricare

Guadagna punti aiutando altri studenti oppure acquistali con un piano Premium


Guide e consigli
Guide e consigli


Charter United Nations, Dispense di Diritto Internazionale

Carte delle Nazioni Unite in inglese

Tipologia: Dispense

2012/2013

Caricato il 30/11/2013

MissG19
MissG19 🇮🇹

1 documento

1 / 55

Toggle sidebar

Questa pagina non è visibile nell’anteprima

Non perderti parti importanti!

bg1
CHARTER OF THE UNITED NATIONS
AND
STATUTE
OF THE
INTERNATIONAL
COURT
OF JUSTICE
SAN
FRANCISCO
1945
pf3
pf4
pf5
pf9
pfa
pfd
pfe
pff
pf12
pf13
pf14
pf15
pf16
pf18
pf19
pf1a
pf1b
pf1c
pf1d
pf1e
pf1f
pf20
pf21
pf22
pf23
pf24
pf25
pf26
pf27
pf28
pf29
pf2a
pf2b
pf2c
pf2d
pf2f
pf30
pf31
pf33
pf34
pf35
pf36
pf37

Anteprima parziale del testo

Scarica Charter United Nations e più Dispense in PDF di Diritto Internazionale solo su Docsity!

CHARTER OF THE UNITED NATIONS

AND

STATUTE OF THE

INTERNATIONAL COURT OF JUSTICE

SAN FRANCISCO • 1945

CHARTER OFTHE UNITED NATIONS

WE THE PEOPLES OF THE UNITED NATIONS

DETERMINED

to save succeeding generations from the scourge of war, which twice in our life- time 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 neighbors, 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.

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 mem- bership in the United Nations will be effected by a decision of the General Assembly upon the recom- mendation 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 mem- bership by the General Assembly upon the recom- mendation 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 the principal or- gans of the United Nations: a General Assem- bly, 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 ques- tions 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 cooperation in the mainte- nance of international peace and security, includ- ing the principles governing disarmament and the regulation of armaments, and may make recom- mendations 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 inter- national 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 dis- cussion.

  1. The General Assembly may call the atten- tion of the Security Council to situations which are likely to endanger international peace and security.
  2. 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, immedi- ately 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 cooperation in the political field and encouraging the progres- sive development of international law and its codification;

b. promoting international cooperation 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.

  1. The further responsibilities, functions, and powers of the General Assembly with respect to matters mentioned in paragraph l(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, regard- less of origin, which it deems likely to impair the general welfare or friendly relations among na- tions, including situations resulting from a viola- tion 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 Se- curity Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain interna- tional 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 trus- teeship system as are assigned to it under Chap- ters 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.

United Nations to the maintenance of interna- tional peace and security and to the other pur- poses of the Organization, and also to equitable geographical distribution.

  1. The non-permanent members of the Se- curity Council shall be elected for a term of two years. In the first election of the non-permanent members, however, three shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.
  2. 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 Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
  2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security 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 to the Gen- eral Assembly for its consideration.

Article 25 The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

Article 26 In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Se-

curity Council shall be responsible for formulat- ing, with the assistance of the Military Staff Com- mittee referred to in Article 47, plans to be sub- mitted to the Members of the United Nations for the establishment of a system for the regulation "of armaments.

Voting Article 27

  1. Each member of the Security Council shall have one vote.
  2. Decisions of the Security Council on pro- cedural matters shall be made by an affirmative vote of seven members.
  3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of seven members including the concurring votes of the permanent members ; provided that, in deci- sions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

Procedure Article

  1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this pur- pose be represented at all times at the seat of the Organization.
  2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.
  3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29 The Security Council may establish such sub- sidiary organs as it deems necessary for the per- formance of its functions.

Article 30 The Security Council shall adopt its own rules of procedure, including the method of selecting its President. Article 31 Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.

Article 32 Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to partici- pate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participa- tion, of a state which is not a Member of the United Nations.

CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES

Article 33

  1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, re- sort to regional agencies or arrangements, or other peaceful means of their own choice.
  2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34 The Security Council may investigate any dis- pute, or any situation which might lead to inter-

national friction or give rise to a dispute, in order to determine whether the continuance of the dis- pute or situation is likely to endanger the main- tenance of international peace and security.

Article 35

  1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
  2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
  3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36

  1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appro- priate procedures or methods of adjustment.
  2. The Security Council should take into con- sideration any procedures for the settlement of the dispute which have already been adopted by the parties.
  3. In making recommendations under this Ar- ticle the Security Council should also take into consideration that legal disputes should as a gen- eral rule be referred by the parties to the Interna- tional Court of Justice in accordance with the provisions of 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 it by the means indicated in that Article, they shall refer it to the Security Council.

8

represented on it to provide armed forces in ful- filhnent of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contin- gents of that Member's armed forces.

Article 45 In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contin- gents for combined international enforcement ac- tion. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46 Plans for the application of armed force shall be made by the Security Council with the assist- ance of the Military Staff Committee.

Article 47

  1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the mainte- nance of international peace and security, the em- ployment and command of forces placed at its disposal, the regulation of armaments, and pos- sible disarmament.
  2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not perma- nently represented on the Committee shall be in- vited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.
  3. The Military Staff Committee shall be re- sponsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
  4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.

Article 48

  1. The action required to carry out the deci- sions of the Security Council for the mainte- nance of international peace and security shall be taken by all the Members of 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 directly and through their action in the appropriate interna- tional agencies of which they are members.

Article 49 The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50 If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carry- ing out of those measures shall have the right to consult the Security Council with regard to a solu- tion of those problems.

Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self- defense if an armed attack occurs against a Mem-

10

represented on it to provide armed forces in ful- fillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contin- gents of that Member's armed forces.

Article 45 In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contin- gents for combined international enforcement ac- tion. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46 Plans for the application of armed force shall be made by the Security Council with the assist- ance of the Military Staff Committee.

Article 47

  1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the mainte- nance of international peace and security, the em- ployment and command of forces placed at its disposal, the regulation of armaments, and pos- sible disarmament.
  2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not perma- nently represented on the Committee shall be in- vited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.
  3. The Military Staff Committee shall be re- sponsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
  4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.

Article 48

  1. The action required to carry out the deci- sions of the Security Council for the mainte- nance of international peace and security shall be taken by all the Members of 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 directly and through their action in the appropriate interna- tional agencies of which they are members.

Article 49 The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50 If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carry- ing out of those measures shall have the right to consult the Security Council with regard to a solu- tion of those problems.

Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self- defense if an armed attack occurs against a Mem-

10

national cultural and educational cooperation; and c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 56 All Members pledge themselves to take joint and separate action in cooperation with the Or- ganization for the achievement of the purposes set forth in Article 55.

Article 57

  1. The various specialized agencies, estab- lished by intergovernmental agreement and hav- ing wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.
  2. Such agencies thus brought into relation- ship with the United Nations are hereinafter re- ferred to as specialized agencies.

Article 58 The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.

Article 59 The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.

Article 60 Responsibility for the discharge of the func- tions of the Organization set forth in this Chap- ter shall be vested in the General Assembly and, under the authority of the General Assembly, in

12

the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

CHAPTER X THE ECONOMIC AND SOCIAL COUNCIL

Composition Article 61

  1. The Economic and Social Council shall con- sist of eighteen Members of the United Nations elected by the General Assembly.
  2. Subject to the provisions of paragraph 3, six members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.
  3. At the first election, eighteen members of the Economic and Social Council shall be chosen. The term of office of six members so chosen shall expire at the end of one year, and of six 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 with respect to inter- national economic, social, cultural, educational, health, and related matters and may make recom- mendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned.
  2. It may make recommendations for the pur- pose of promoting respect for, and observance of, human rights and fundamental freedoms for all.
  3. It may prepare draft conventions for sub- mission to the General Assembly, with respect to matters falling within its competence.
  1. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its com- petence. Article 63
  2. The Economic and Social Council may en- ter into agreements with any of the agencies re- ferred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agree- ments shall be subject to approval by the Gen- eral Assembly.
  3. It may coordinate the activities of the spe- cialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Article 64

  1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make ar- rangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.
  2. It may communicate its observations on these reports to the General Assembly.

Article 65 The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.

Article 66

  1. The Economic and Social Council shall per- form such functions as fall within its competence in connection with the carrying out of the recom- mendations of the General Assembly.
  2. It may, with the approval of the General

Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.

  1. It shall perform such other functions as are specified elsewhere in the present Charter 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 Coun- cil shall be made by a majority of the members present and voting.

Procedure Article 68 The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the perform- ance of its functions.

Article 69 The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 70 The Economic and Social Council may make arrangements for representatives of the special- ized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies. Article 71 The Economic and Social Council may make suitable arrangements for consultation with non- governmental organizations which are concerned with matters within its competence. Such arrange-

13

in accordance with the Purposes of the United Nations laid down in Article 1 of the present Char- ter, shall be:

a. to further international peace and se- curity; b. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or inde- pendence as may be appropriate to the par- ticular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement; c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interde- pendence of the peoples of the world; and d. to ensure equal treatment in social, eco- nomic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment for the latter in the ad- ministration of justice, without prejudice to the attainment of the foregoing objectives and sub- ject to the provisions of Article 80.

Article 77

  1. The trusteeship system shall apply to such territories in the following categories as 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 Second World War; and c. territories voluntarily placed under the system by states responsible for their admin- istration.
  2. It will be a matter for subsequent agreement as to which territories in the foregoing categories

will be brought under the trusteeship system and upon what terms.

Article 78 The trusteeship system shall not apply to terri- tories which have become Members of the United Nations, relationship among which shall be based on respect for the principle 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 concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Na- tions, and shall be approved as provided for in Articles 83 and 85.

Article 80

  1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trus- teeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may re- spectively be parties.
  2. Paragraph 1 of this Article shall not be in- terpreted as giving grounds for delay or postpone- ment of the negotiation and conclusion of agree- ments for placing mandated and other territories under the trusteeship system as provided for in Article 77. Article 81 The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the

administering 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 which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43. Article 83

  1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council.
  2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
  3. The Security Council shall, subject to the provisions of the trusteeship agreements and with- out prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas.

Article 84 It shall be the duty of the administering author- ity to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council un- dertaken in this regard by the administering au- thority, as well as for local defense and the main- tenance of law and order within the trust territory.

Article 85

  1. The functions of the United Nations with

regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.

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

CHAPTER XIII THE TRUSTEESHIP COUNCIL

Composition Article 86

  1. The Trusteeship Council shall consist of the following Members of the United Nations: a. those Members administering trust ter- ritories; b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and c. as many other Members elected for three- year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.
  2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

Functions and Powers Article 87 The General Assembly and, under its author- ity, the Trusteeship Council, in carrying out their functions, may: a. consider reports submitted by the admin- istering authority;

16

Article 96

  1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
  2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activ- ities.

CHAPTER XV THE SECRETARIAT

Article 97 The Secretariat shall comprise a Secretary- General and such staff as the Organization may require. The Secretary-General shall be ap- pointed by the General Assembly upon the recom- mendation of the Security Council. He shall be the chief administrative officer of the Organization.

Article 98 The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Article 99 The Secretary-General may bring to the atten- tion of the Security Council any matter which in his opinion may threaten the maintenance of in- ternational peace and security.

Article 100

  1. In the performance of their duties the Secre-

18

tary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.

  1. Each Member of the United Nations under- takes to respect the exclusively international character of the responsibilities of the Secretary- General and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101

  1. The staff shall be appointed by the Secre- tary-General under regulations established by the General Assembly.
  2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.
  3. The paramount consideration in the em- ployment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, com- petence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

CHAPTER XVI MISCELLANEOUS PROVISIONS

Article 102

  1. Every treaty and every international agree- ment entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
  2. No party to any such treaty or international agreement which has not been registered in ac- cordance with the provisions of paragraph 1 of

this Article may invoke that treaty or agreement before any organ of the United Nations.

Article 103 In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Article 104 The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.

Article 105

  1. The Organization shall enjoy in the territory of each of its Members such privileges and im- munities as are necessary for the fulfillment of its purposes.
  2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immuni- ties as are necessary for the independent exercise of their functions in connection with the Organi- zation.
  3. The General Assembly may make recom- mendations with a view to determining the details of the application of paragraphs 1 and 2 of this Airticle or may propose conventions to the Mem- bers of the United Nations for this purpose.

CHAPTER XVH TRANSITIONAL SECURITY ARRANGEMENTS

Article 106 Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin

the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow, October 30,1943, and France, shall, in accordance with the provisions of para- graph 5 of that Declaration, consult with one an- other and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining inter- national peace and security.

Article 107 Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Govern- ments having responsibility for such action.

CHAPTER XVIII AMENDMENTS

Article 108 Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Mem- bers of the United Nations, including all the per- manent members of the Security Council.

Article 109

  1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the mem- bers of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference.

19