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Sovereign Law Series

“Charter of the United Nations”
of 1945


Short-Form Reference:

1945 “United Nations Charter”

In-Line Micro Reference:

“UN Charter”

Ratification / Registration:

Founding Member States, San Francisco (26 Jun 1945)


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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

Charter of the United Nations

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.
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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 cooperation 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.

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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 VII.


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.



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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 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 restrictions on the eligibility of men and women to
participate in any capacity and under conditions of equality in its principal and
subsidiary organs.



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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 cooperation 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.
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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 cooperation in the political field and encouraging
the progressive 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.

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.



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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.



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Voting

Article 18

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

2.
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

Article 20

The General Assembly shall meet in regular 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 majority of the Members of the
United Nations.



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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 fifteen Members of the United Nations. The
Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom
of Great Britain and Northern Ireland, and the United States of America shall be
permanent members of the Security Council. The General Assembly shall elect ten
other Members of the United Nations to be non-permanent members of the Security
Council, due regard being specially paid, in the first instance to the contribution of
Members of the United Nations to the maintenance of international 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.



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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 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 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 Security Council shall be responsible for formulating, with the
assistance of the Military 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.

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
affirmative vote of nine members.

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3.
Decisions of the Security Council on all other matters shall be made by an
affirmative vote of nine members including the concurring votes of the permanent
members; provided 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 organized as to be able to function continuously.
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 Organization as in its judgment will best facilitate its work.

Article 29

The Security Council may establish such subsidiary organs as it deems necessary for
the performance 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.



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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 participate, without
vote, in the discussion relating to the dispute. The Security Council shall lay down such
conditions as it deems just for the participation 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, resort 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 dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether the
continuance of the dispute or situation is likely to endanger the maintenance 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.
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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 appropriate procedures or
methods of adjustment.

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

3.
In making recommendations under this Article the Security Council should also
take into consideration that legal disputes should as a general rule be referred by the
parties to the International 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.

2.
If the Security Council deems that the continuance of the dispute is in fact likely
to endanger the maintenance of international peace and security, it shall decide
whether to take action under Article 36 or to recommend such terms of settlement as
it may consider appropriate.

Article 38

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



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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
measures shall be taken in accordance with Articles 41 and 42, to maintain or restore
international 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 measures 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.

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 measures. 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, blockade, and other operations by
air, sea, or land forces of Members of the United Nations.

Article 43

1.
All Members of the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the Security Council,
on its call and in accordance with a special agreement or agreements, armed forces,
assistance, and facilities, including rights of passage, necessary for the purpose of
maintaining international peace and security.
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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 concluded 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 accordance with their
respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a
Member not represented on it to provide armed forces in fulfillment 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 contingents 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 contingents for combined international
enforcement 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 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
assistance 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 maintenance of international peace and security, the
employment and command of forces placed at its disposal, the regulation of
armaments, and possible disarmament.

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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 permanently represented on the Committee shall be invited 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 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
subcommittees.

Article 48

1.
The action required to carry out the decisions of the Security Council for the
maintenance 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 international agencies of which
they remembers.

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 carrying out of
those measures shall have the right to consult the Security Council with regard to a
solution of those problems.



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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 necessary to maintain international peace
and security. 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 and responsibility of the Security Council under the present Charter to
take at any time such action as it deems necessary in order to maintain or restore
international peace and security.


Chapter VIII – Regional Arrangements

Article 52

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

2.
The Members of the United Nations entering into such arrangements or
constituting such agencies shall make every effort to achieve pacific settlement of
local disputes through such regional arrangements or by such regional agencies before
referring them to the Security Council.

3.
The Security Council shall encourage the development of pacific settlement of
local disputes through such regional arrangements or by such regional agencies either
on the initiative of the states concerned or by reference from the Security Council.

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



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Article 53

1.
The Security Council shall, where appropriate, utilize such regional
arrangements or agencies for enforcement action under its authority. But no
enforcement action shall be taken under regional arrangements or by regional
agencies without the authorization of the Security Council, with the exception of
measures against any enemy State, as defined in paragraph 2 of this Article, provided
for pursuant to Article 107 or in regional arrangements directed against renewal of
aggressive policy on the part of any such State, until such time as the Organization
may, on request of the Governments concerned, be charged with the responsibility for
preventing further aggression by such a State.

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

Article 54

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


Chapter IX – International Economic and Social Cooperation

Article 55

With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples, the United Nations shall
promote:

(a)
Higher standards of living, full employment, and conditions of economic
and social progress and development;

(b)
Solutions of international economic, social, health, and related problems;
and international 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.



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Article 56

All Members pledge themselves to take joint and separate action in cooperation with
the Organization for the achievement of the purposes set forth in Article 55.

Article 57

1.
The various specialized agencies, established by intergovernmental agreement
and having 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 relationship with the United Nations are
hereinafter referred 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 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 Social Council, which shall have for this
purpose the powers set forth in Chapter X.



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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
elected in place of the nine members whose term of office expires at the end of that
year, twenty-seven additional members shall 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 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 international economic, social, cultural, 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
observance of, human rights and fundamental freedoms for all.

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

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

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Article 63

1.
The Economic and Social Council may enter into agreements with any of the
agencies 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 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 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 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 perform such functions as fall within its
competence in connection with the carrying out of the recommendations 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.

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.



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Voting

Article 67

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

2.
Decisions of the Economic and Social Council shall be made by a majority of 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
deliberations of the specialized agencies.

Article 71

The Economic and Social Council may make suitable arrangements for consultation
with nongovernmental organizations which are concerned with matters within its
competence. Such arrangements may be made with international organizations and,
where appropriate, with national organizations after consultation with the Member of
the United Nations concerned.



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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 convening of meetings on the request of a
majority 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
administration 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 paramount, and accept as a sacred trust the obligation to promote to
the utmost, within the system of international peace and security established by the
present Charter, the well-being of the inhabitants of these territories, and, to this end:

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

(b)
to develop self-government, to take due account of the political aspirations of
the peoples, and to assist them in the progressive development of their free political
institutions, according to the particular circumstances of each territory and its peoples
and their varying stages of advancement;

(c)
to further international peace and security;

(d)
to promote constructive measures of development, to encourage research, and
to cooperate with one another and, when and where appropriate, with specialized
international bodies with a view to the practical achievement of the social, economic,
and scientific purposes set forth in this Article; and

(e)
to transmit regularly to the Secretary-General for information purposes, subject
to such limitation as security and constitutional considerations may require, statistical
and other information of a technical nature relating to economic, social, and
educational conditions in the territories for which they are respectively responsible
other than those territories to which Chapters XII and XIII apply.
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Article 74

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


Chapter XII – International Trusteeship System

Article 75

The United Nations shall establish under its authority an international trusteeship
system for the administration and supervision of such territories as may be placed
there under by subsequent individual agreements. These territories are hereinafter
referred to as trust territories.

Article 76

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

(a)
to further international peace and security;

(b)
to promote the political, economic, social, and educational advancement of the
inhabitants of the trust territories, and their progressive development towards self-
government or independence as may be appropriate to the particular 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 interdependence of the peoples of the world; and

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



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Article 77

1.
The trusteeship system shall apply to such territories in the following categories
as may be placed there under 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 administration.

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 territories 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 Nations, 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 trusteeship 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 respectively be parties.

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2.
Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or
postponement of the negotiation and conclusion 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 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 without 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 authority 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 undertaken in this regard by the administering authority, as well as for local
defence and the maintenance of law and order within the trust territory.



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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.

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
Nations:

(a)
those Members administering trust territories;

(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.



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Functions and Powers

Article 87

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

(a)
consider reports submitted by the administering authority;

(b)
accept petitions and examine them in consultation with the administering
authority;

(c)
provide for periodic visits to the respective trust territories at times agreed
upon with the administering authority; and

(d)
take these and other actions in conformity with the terms of the trusteeship
agreements.

Article 88

The Trusteeship Council shall formulate a questionnaire on the political, economic,
social, and educational advancement of the inhabitants of each trust territory, and the
administering authority for each trust territory 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 Council shall have one vote.

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



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Procedure

Article 90

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

2.
The Trusteeship Council shall meet as required in accordance with its rules,
which shall include provision for the convening of meetings on the request of a
majority of its members.

Article 91

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


Chapter XIV – The International Court of Justice

Article 92

The International Court of Justice shall be the principal judicial organ of the United
Nations. It shall function in accordance with the annexed Statute, which is based upon
the Statute of the Permanent Court of International Justice and forms an integral part
of the present Charter.

Article 93

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

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



32


Article 94

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

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

Article 95

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

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 activities.


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 appointed by the General Assembly upon
the recommendation 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.
33


Article 99

The Secretary-General may bring to the attention of the Security Council any matter
which in his opinion may threaten the maintenance of international peace and
security.

Article 100

1.
In the performance of their duties the Secretary-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.

2.
Each Member of the United Nations undertakes 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 Secretary-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 employment of the staff and in the
determination of the conditions of service shall be the necessity of securing the
highest standards of efficiency, competence, and integrity. Due regard shall be paid to
the importance of recruiting the staff on as wide a geographical basis as possible.



34


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 international agreement which has not been
registered 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 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 immunities 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 immunities as are necessary for
the independent exercise of their functions in connection with the Organization.

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



35


Chapter XVII – 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, 30
October 1943, and France, shall, in accordance 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 maintaining international 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 Governments
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 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
reviewing 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 Assembly 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.

36

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
constitutional processes by two thirds of the Members of the United Nations including
all the permanent members of the Security Council.

3.
If such a conference has not been held before the tenth annual session of the
General 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
Assembly, 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
America, 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 Soviet Socialist Republics, the United
Kingdom 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 signatory states.

4.
The states signatory to the present Charter 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.



37


Article 111

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.