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The Search for World Peace |
The United Nations Conference
on International OrganizationDoc. 2 (ENGLISH)
G/14 (i)
May 4, 1945GENERAL Amendments to Dumbarton Oaks Proposals Supplemented by the Texts Adopted at Yalta, Submitted by the Greek Delegation, May 3, 1945
In his opening speech, delivered to the Plenary Session of the Conference on April 28, Mr. John Sofianopoulos, Chairman of the Greek Delegation, informed the Conference of his Government's observations in respect of the principles and procedures embodied in the Dumbarton Oaks and the Yalta proposals.
He reserved the right of the Delegation to table specific amendments with the competent organs of the Conference.
In accordance with the rules of procedure adopted by the Conference, the Greek Delegation now has the honor to request the Secretary General of the Conference to submit to the latter for its consideration and eventual adoption the following amendments
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CHAPTER I and IIPurposes and Principles of the Organization
In Paragraph 1, of Chapter I, to add after the words "To maintain international peace and security" the words: "with due respect for contractual obligations and the generally accepted principles of international law, justice and morality."
The Greek Delegation believes that the adoption of the above amendment would dispel misgivings in the implementation of Chapter VIII. In particular, the last words of paragraph 1 of Section B of that Chapter are vaguely reminiscent of the policy that was followed in the sad pre-war years of "peace at any price," and need clarification by rendering unequivocal the principles and purposes of the organization.
CHAPTER V, SECTION B At the end of paragraph 8 to add the words: "It shall be open to the Assembly to make recommendations on any question that is under consideration or has already been treated by the Security Council."
This would involve the deletion of the last part of paragraph 1, Section B of Chapter V.
In the opinion of the Greek Delegation, the role assigned to the Assembly appears to be unimportant in comparison with the powers possessed by the Security Council, and should be rendered more important in extent and depth, since all the members of the organization are represented in the Assembly.
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CHAPTER VI, SECTION CAs at present, with the Yalta text on voting unmodified, the code of international conduct that would emerge from the San Francisco Conference would create a positive right in favor of the potential law-breaker and to the detriment of his victim, since, through the exercise by any one of the permanent members of the power of veto, the Security Council might be debarred from probing into the determination of the existence of an act of aggression. The Greek Delegation reserves to itself the right to support one of the several amendments already tabled by other Delegations with a view to obviating this drawback. Moreover, they propose the insertion between paragraphs 2 and 3 of the texts elaborated at Yalta of a new paragraph 3, reading as follows:
Paragraph 3: "Recommendations by the Security Council under paragraph 2 of Section B of Chapter VIII should be made by an affirmative vote of seven members."
The original paragraph 3 would thus become paragraph 4.
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CHAPTER VIII, SECTION A, PARAGRAPH 5To add to paragraph 5 the following words: "Should no adjustment be reached and should such failure be considered by the Security Council to be a threat to the peace of the world, the Council should determine by an affirmative vote of seven members the existence of a threat to the peace."
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CHAPTER VIII, SECTION A, PARAGRAPH 7At the end of paragraph 7 the following words to be added: "It should be left to the Permanent Court at the request of a party to decide whether or no such situation or dispute arises out of matters that, under international law, fall within the domestic jurisdiction of the state concerned."
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CHAPTER VII, SECTION B, PARAGRAPH 2At the end of paragraph 2 to add the following words: "In particular, in the event of a dispute between two or more countries, other than permanent members of the Security Council, the latter should take decisions by an affirmative vote of seven members in the determination of the existence of a breach of the peace or of an act of aggression."
Source: Amendments to Dumbarton Oaks Proposals Supplemented by the Texts Adopted at Yalta, Submitted by the Greek Delegation, The United Nations Conference on International Organization, San Francisco, April 25-June 26 1945, Doc. 2, G/14(i), May 4, 1945, pp. 531-533
Editorial Note: This is a true copy of the above-referenced original document. This document is reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 1, as Document No. 17 (e).
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