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CHARTER UNITED NATIONS STATUTE INTERNATIONAL ..., Lecture notes of Law

Nothing in the present Charter shall pre- vent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of ...

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Download CHARTER UNITED NATIONS STATUTE INTERNATIONAL ... and more Lecture notes Law in PDF only on Docsity! Wm CHARTER of the UNITED NATIONS and STATUTE of the INTERNATIONAL COURT OF JUSTICE DPI/511 - 40303- May 1987 - 50M Office of Public Information CHARTER of the UNITED NATIONS and STATUTE of the INTERNATIONAL COURT OF JUSTICE United Nations. New York 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 Govern­ ments, 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 dis­ putes 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 peo­ ples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international co-operation in solving international problems of an eco­ nomic, social, cultural, or humanitarian char­ acter, and in promoting and encouraging re­ spect 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. Arride 2 The Organization and its Members, in pur­ suit of the Purposes stated in Article 1, shall act in accordance with the following Prin­ ciples. 1. The Organization is based on the prin­ ciple 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 fulfil in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their inter­ national disputes by peaceful means in such a manner that international peace and se­ curity, and justice, are not endangered. 4. All Members shall refrain in their inter­ national relations from the threat or use of force against the territorial integrity or politi­ cal 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 Prin­ ciples so far as may be necessary for the maintenance of international peace and se­ curity. 7. Nothing contained in the present Charter shall authorize the United Nations to inter­ vene 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 applica­ tion of enforcement measures under Chap­ ter VII. CHAPTER II MEMBERSHIP Article 3 The original Members of the United Na­ tions shall be the states which, having par­ ticipated in the United Nations Conference on International Organization at San Fran­ cisco, or having previously signed the Decla­ ration by United Nations of 1 January 1942, 5 sign the present Charter and ratify it in ac­ cordance with Article 110. A rticle 4 1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the pres­ ent Charter and, in the judgment of the Or­ ganization, 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 As­ sembly 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 Se­ curity Council. Article 6 A Member of the United Nations which has persistently violated the Principles con- 6 tained in the present Charter may be· ex­ pelled 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 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 restric­ tions on the eligibility of men and women to participate in any capacity and under con­ ditions of equality in its principal and subsidi­ ary organs. 7 trusteeship system as are assigned to it under Chapters XII and XIII, including the ap­ proval 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 re­ ferred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommenda­ tions 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: recom­ mendations with respect to the maintenance of international peace and security, the elec- 12 tion of the non-permanent members of the Security Council, the election of the mem· bers 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 ex­ pulsion of Members, questions relating to the operation of the trusteeship system, and bud­ getary questions. 3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds ma· jority, 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 con­ trol of the Member. 13 Procedure Artide 20 The General Assembly shall meet in regu­ lar annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a ma­ jority of the Members of the United Nations. Article 21 The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session. Article 22 The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. CHAPTER V THE SECURITY COUNCIL Composition Article 23 1. The Security Council shall consist of fif­ teen Members of the United Nations. The Republic of China, France, the Union of So­ viet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and 14 the United States of America shall be perma­ nent members of the Security Council. The General Assembly shall elect ten other Mem­ bers of the United Nations to be non-perma­ nent members of the Security Council, due regard being specially paid, in the first in­ stance to the contribution of Members of the United Nations to the maintenance of inter­ national peace and security and to the other purposes of the Organization, and also to equitable geographical distribution. 2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non- permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election. 3. Each member of the Security Council shall have one representative. Functions and Powers Article 24 1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary re­ sponsibility for the maintenance of interna­ l s tional peace and security, and agree that in carrying out its duties under this responsibil­ ity the Security Council acts on their behalf. 2. In discharging these duties the Security Council shall act in accordance with the Pur­ poses 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 an­ nual and, when necessary, special reports to the General 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 pres­ ent Charter. Article 26 In order to promote the establishment and maintenance of international peace and secu­ rity with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Mili­ tary Staff Committee referred to in Article 47, plans to be submitted to the Members of the United-Nations for the establishment of a system for the regulation of armaments. 16 Voting Article 27 1. Each member of the Security Council shall have one vote. 2. Decisions of the Security Council on procedural matters shall be made by an af­ firmative vote of nine members. 3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the con­ curring votes of the permanent members; pro­ vided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. Procedure Article 28 1. The Security Council shall be so or­ ganized as to be able to function continu­ ously. Each member of the Security Council shall for this purpose 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 Or- 17 CHAPTER VII ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what meas­ ures shall be taken in accordance with Arti­ cles 41 and 42, to maintain or restore inter­ national peace and security. Article 40 In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional meas­ ures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures. 22 Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such meas­ ures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, block­ ade, and other operations by air, sea, or land forces of Members of the United Nations. Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agree- 23 ment or agreements, armed forces, assistance, and facilities, including rights of passage, nec­ essary for the purpose of maintaining interna­ tional peace and security. 2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided. 3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be con­ cluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in ac­ cordance with their respective constitutional processes. Article 44 When the Security Council has decided to use force it shall, before calling upon a Mem­ ber not represented on it to provide armed forces in fulfilment of the obligations as­ sumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Mem­ ber's armed forces. 24 Article 45 In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international en­ forcement action. 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 Arti­ cle 43, by the Security Council with the as­ sistance of the Military Staff Committee. Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee. Article 47 < 1. There shall be established a Military Staff Committee to advise and assist the Secu­ rity Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament. 2. The Military Staff Committee shall con­ sist of the Chiefs of Staff of the permanent 25 r members of the Security Council or their rep­ resentatives. Any Member of the United Na­ tions not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient dis­ charge of the Committee's responsibilities re­ quires the participation of that Member in its work. 3. The Military Staff Committee shall be responsible 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 sub-commit­ tees. Article 48 1. The action required to carry out the de­ cisions of the Security Council for the main­ tenance 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 26 international 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 Secu­ rity 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 it­ self confronted with special economic prob­ lems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems. Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures neces­ sary to maintain international peace and secu­ rity. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority 27 Article 60 Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and So­ cial Council, which shall have for this pur­ pose the powers set forth in Chapter X. CHAPTER X THE ECONOMIC AND SOCIAL COUNCIL Composition Article 61 1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly. 2. Subject to the provisions of paragraph 3, eighteen 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 after the increase in the membership of the Economic and Social Council from twenty-seven to fifty- four members, in addition to the members 32 elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shaU be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly. 4. Each member of the Economic and So­ cial Council shall have one representative. Functions and Powers Article 62 1. The Economic and Social Council may make or initiate studies and reports with re­ spect to international economic, social, cul­ tural, educational, health, and related matters and may make recommendations 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 purpose of promoting respect for, and ob­ servance of, human rights and fundamental freedoms for all. 3. It may prepare draft conventions for submission to the General Assembly, with 33 respect to matters falling within its com­ petence. 4. It may call, in accordance with the rules prescribed by the United Nations, inter­ national conferences on matters falling with­ in its competence. Article 63 1. The Economic and Social Council may enter into agreements with any of the agen­ cies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly. 2. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General As­ sembly and to the Members of the United Nations. Article 64 1. The Economic and Social Council may take appropriate steps to obtain regular re­ ports from the specialized agencies. It may make arrangements 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 34 to recommendations on matters falling withm its competence made by the General As­ sembly. 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 shaii perform such functions as fall within its com­ petence in connexion with the carrying out of the recommendations of the General As­ sembly. 2. It may, with the approval of the Gen­ eral Assembly, perform services at the re­ quest of Members of the United Nations and at the request of specialized agencies. 3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly. Voting Article 67 1. Each member of the Economic and So­ cial Council shall have one vote. 35 'Χ 2. Decisions of the Economic and Social Council 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 performance 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 specialized 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 delibera­ tions of the specialized agencies. Article 71 The Economic and Social Council may make suitable arrangements for consultation 36 with non-governmental organizations which are concerned with matters within its com­ petence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned. Article 72 1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President. 2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the con­ vening of meetings on the request of a ma­ jority of its members. CHAPTER XI DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES Article 73 Members of the United Nations which have or assume responsibilities for the administra­ tion of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are para­ mount, and accept as a sacred trust the obli- 37 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, in­ cluding any alteration or amendment, shall be agreed upon by the states directly con­ cerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85. Article 80 1. Except as may be agreed upon in indi­ vidual trusteeship agreements, made under Articles 77, 79, and 81, placing each terri­ tory under the trusteeship system, and until such agreements have been concluded, noth­ ing 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 respectively be parties. 2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclu- 42 sion of agreements 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 iąclude the terms under which the trust territory will be administered and designate the authority which will exercise the adminis­ tration of the trust territory. Such authority, hereinafter called the administering author­ ity, may be one or more states or the Organ­ ization itself. Article 82 There may be designated, in any trustee­ ship 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 re­ lating to strategic areas, including the ap­ proval of the terms of the trusteeship agree­ ments 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. 43 3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considera­ tions, avail itself of the assistance of the Trusteeship Council to perform those func­ tions of the United Nations under the trustee­ ship system relating to political, economic, social, and educational matters in the stra­ tegic areas. Article 84 It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of in­ ternational 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 authority, as well as for local defence and the maintenance 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 amend- 44 ment, shall be exercised by the General Assembly. 2. 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 Na­ tions: a. those Members administering trust territories; b. such of those Members mentioned by name in Article 23 as are not administer­ ing 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 to­ tal number of members of the Trusteeship Council is equally divided between those Members of the United Nations which ad­ minister trust territories and those which do not. 45 2. Each member of the Trusteeship Coun­ cil shall designate one specially qualified per­ son to represent it therein. Functions and Powers Articles? The General Assembly and, under its au­ thority, the Trusteeship Council, in carrying out their functions, may: a. consider reports submitted by the ad­ ministering authority; b. accept petitions and examine them in consultation with the administering au­ thority; c. provide for periodic visits to the re­ spective trust territories at times agreed upon with the administering authority; and d. take these and other actions in con­ formity with the terms of the trusteeship agreements. Article 88 The Trusteeship Council shall formulate a questionnaire on the political, economic, so­ cial, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust terri- 46 tory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire. Voting Article 89 1. Each member of the Trusteeship Coun­ cil shall have one vote. 2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting. Procedure Article 90 1. The Trusteeship Council shall adopt its own rules of procedure, including the meth­ od of selecting its President. 2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convenmg of meetings on the request of a majority of its members. Article 91 The Trusteeship Council shall, when ap­ propriate, avail itself of the assistance of the Economic and Social Council and of the spe­ cialized agencies in regard to matters with which they are respectively concerned. 47 ciency, competence, and integrity. Due re­ gard shall be paid to the importance of re­ cruiting the staff on as wide a geographical basis as possible. CHAPTER XVI MISCELLANEOUS PROVISIONS Article 102 1. Every treaty and every international agreement 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 inter­ national agreement which has not been reg­ istered in accordance 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 obli­ gations of the Members of the United Nations under the present Charter and their obliga­ tions under any other international agree­ ment, their obligations under the present Charter shall prevail. 52 Article 104 The Organization shall enjoy in the terri­ tory of each of its Members such legal ca­ pacity as may be necessary for the exercise of its functions and the fulfilment of its purposes. Anicie 105 1. The Organization shall enjoy in the ter­ ritory of each of its Members such privileges and immunities as are necessary for the ful­ filment of its purposes. 2. Representatives of the Members of the United Nations and officials of the Organiza­ tion shall similarly enjoy such privileges and immunities as are necessary for the inde­ pendent exercise of their functions in con­ nexion with the Organization. 3. The General Assembly may make rec­ ommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conven­ tions to the Members of the United Nations for this purpose. 53 CHAPTER XVII TRANSITIONAL SECURITY ARRANGEMENTS Article 106 Pending the coming into force of such spe­ cial 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, 30 October 1943, and France, shall, in accord­ ance with the provisions of paragraph 5 of that Declaration, consult with one another 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 main­ taining international peace and security. Article 107 Nothing in the present Charter shall in­ validate 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 re­ sult of that war by the Governments having responsibility for such action. 54 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 accord­ ance with their respective constitutional pro­ cesses by two thirds of the Members of the United Nations, including all the permanent members of the Security Council. Article 109 1. A General Conference of the Members of the United Nations for the purpose of re­ viewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assem­ bly and by a vote of any nine members of the Security Council. Each Member of the United Nations shall have one vote in the conference. 2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitution­ al processes by two thirds of the Members of 55 the United Nations including all the perma­ nent members of the Security Council. 3. If such a conference has not been held before the tenth annual session of the Gen­ eral Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assem­ bly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council. CHAPTER XIX RATIFICATION AND SIGNATURE Article 110 1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes. 2. The ratifications shall be deposited with the Government of the United States of Amer­ ica, which shall notify all the signatory states of each deposit as well as the Secretary- General of the Organization when he has been appointed. 3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of 56 Soviet Socialist Republics, the United King­ dom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signa­ tory states. 4. The states signatory to the present Char­ ter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications. AriiclelU The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states. IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter. DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five. 57
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