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The Search for World Peace |
The United Nations Conference
on International OrganizationDoc. 2 (ENGLISH)
G/29
May 5, 1945GENERAL Amendments Proposed by the Governments of the United States, the United Kingdom, the Soviet Union, and China
The Delegations of the four Governments which participated in the Dumbarton Oaks Conversations, the United States, the United Kingdom, the Soviet Union, and China, have consulted together concerning amendments to the Dumbarton Oaks Proposals which each of them desired to submit. The proposed amendments on which the four find themselves in agreement are submitted to the Conference as joint proposals. Such further amendments as each of these Governments may wish to propose will be presented separately.
(Note: Amendments are indicated by underscoring added passages and striking out deleted passages.)
CHAPTER I. PURPOSES 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 the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and with due regard for principles of justice and international law, adjustment or settlement of international disputes which may 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 the solution of international economic, social, cultural and other humanitarian problems and promotion and encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race, language, religion or sex; and
CHAPTER II. PRINCIPLES 1. The Organization is based on the principle of the sovereign equality of all peace-loving-states its members.
3. All members of the Organization shall settle their international disputes by peaceful means in such a manner that international peace and security are not endangered.
New paragraph to be added following paragraph 6, to take the place of paragraph 7 of Chapter VIII, Section A, which would be deleted:
Nothing contained in this Charter shall authorize the Organization to intervene in matters which are essentially within the domestic jurisdiction of the State concerned or shall require the members to submit such matters to settlement under this Charter but this principle shall not prejudice the application of Chapter VIII, Section B.
CHAPTER V. THE GENERAL ASSEMBLY Section B. Functions and Powers 6. The General Assembly should initiate studies and make recommendations for the purpose of promoting internatioanl cooperation in political, economic, and social and cultural fields to assist in the realization of human rights and basic freedoms for all, without distinction as to race, language, religion or sex and also for the encouragement of the development of international law and of adjusting situations likely to impair the general welfare.
New paragraph to follow paragraph 7:
The General Assembly should examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
CHAPTER VI. THE SECURITY COUNCIL Section A. Composition The Security Council should consist of one representative of each of eleven members of the Organization. Representatives of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, the Republic of China, and, in due course, France, should have permanent seats. The General Assembly should elect six states to fill the non-permanent seats, due regard being specially paid in the first instance to the contribution of members of the Organization towards the maintenance of international peace and security and towards the other purposes of the Organization, and also to equitable geographical distribution. These six states should be elected for a term of two years, three retiring each year. They should not be immediately eligible for reelection. In the first election of the non-permanent members three should be chosen by the General Assembly for one-year terms and three for two-year terms.
Section D. Procedure 2. The Security Council should be empowered to set up such bodies or agencies as it may deem necessary for the performance of its functions. including regional sub-committees of the Military Staff Committee.
5. Any member of the Organization not having a seat on the Security Council and any state not a member of the Organization, if it is a party to a dispute under consideration by the Security Council, should be invited to participate in the discussion relating to the dispute. In the case of a non-member the Securit Council should lay down such conditions as it a deem just for the. participation of such a non-member.
CHAPTER VII. AN INTERNATIONAL COURT OF JUSTICE The provisions of Chapter VII of the Dumbarton Oaks Proposals should be adjusted to bring it into conformity with the recommendations of Commission IV in light of the report of the Jurists Committee.
CHAPTER VIII. ARRANGEMENTS FOR THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY INCLUDING PREVENTION AND SUPPRESSION OF AGGRESSION Section A. Pacific Settlement of Disputes The following new paragraph should be inserted before Paragraph 1 of Section A of Chapter VIII:
Without prejudice to the provisions of paragraphs 1-5 below, the Security Council should be empowered, if all the parties so request, to make recommendations to the parties to any dispute with a view to its settlement in accordance with the principles laid down in Chapter II, Paragraph 3.
2. Any state, whether member of the Organization or not, may bring any such dispute or situation to the attention of the General Assembly or of the Security Council. In the case of a non-member, it should be required to accept, for the purposes of such dispute, the obligations of pacific settlement provided in the Charter.
4. If, nevertheless, parties to a dispute of the nature referred to in paragraph 3 above fail to settle it by the means indicated in that paragraph, they should obligate themselves to refer it to the Security Council. The If the Security Council should in each case decide whether or not deems that the continuance of the particular dispute is in fact likely to endanger the maintenance of international peace and security, and, accordingly, whether the Security Council should deal with the dispute, and if so, whether it should take action under paragraph 5 it shall decide whether to take action under paragraph 5 or whether itself to recommend such terms of settlement as it may consider appropriate.
7. The provisions of paragraph 1 to 6 of Section A should not apply to situations or disputes arising out of matters which by inational law are solely within the domestic jurisdiction of the state concerned.
(Note: This paragraph would be replaced by the new paragraph proposed for addition following paragraph 6, Chapter II, Principles.)
Section B. Determination of Threats to the Peace or Acts of Aggression and Action with Respect Thereto 1. Should the Security Council deem that a failure to settle a dispute in accordance with procedures indicated in paragraph 3 of Section A, or in accordance with its recommendations made under paragraphs 4 or 5 of Section A, constitutes a threat to the maintenance of international peace and security, it should take any measures necessary for the maintenance of international peace and security in accordance with the purposes and principles of the Organization.
2. In general the Security Council should determine the existence of any threat to the peace, breach of the peace or act of aggression and should make recommendations or decide upon the measures set forth in paragraphs 3 and 4 of this Section to be taken to maintain or restore peace and security.
Insert the following paragraph between paragraphs 2 and 3:
Before making the recommendations or deciding upon the measures for the maintenance or restoration of peace and security in accordance with the provisions of paragraph 2 the Security Council may call upon the parties concerned to compl with such provisional measures as it may deem necessary or desirable in order to prevent an aggravation of the situation. Such provisional measures should be without prejudice to the rights, claims or position of the parties concerned. Failure to comply with such provisional measures should be duly taken account of by the Security Council.
9. There should be established a Military Staff Committee the functions of which should be 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, to the employment and command of forces placed at its disposal, to the regulation of armaments, and to possible disarmament. It should be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. The Committee should be composed of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any member of the Organization not permanently represented on the Committee should be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires that such a state should participate in its work. Questions of command of forces should be worked out subsequently. The Military Staff Committee, with the authorization of the Security Council, May establish regional subcommittees of the Militar Staff Committee.
CHAPTER IX. ARRANGEMENTS FOR INTERNATIONAL ECONOMIC AND SOCIAL COOPERATION Section A. Purposes and Relationships 1. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations am among nations based on respect for the principle of equal rights and self-determination of peoples, the Organization should facilitate solutions of international economic, social, cultural and other humanitarian problems and promote respect for human rights and for fundamental freedoms for all without distinction as to race, language, religion or sex. Responsibility for the discharge of this function should be vested in the General Assembly, in an Economic and Social Council.
Section C. Functions and Powers of the Economic and Social Council 1. The Economic and Social Council should be empowered:
Insert after paragraph a, new paragraph as follows:
To make recommendations for promoting respect for human rights and fundamental freedoms;
b. To make recommendations, on its own initiative with respect to international economic, social, cultural and other humanitarian matters;
c. To receive and consider reports from the economic, social, cultural and other organizations or agencies brought into relationship with the Organization, and to coordinate their activities through consultations with, and recommendations to such organizations or agencies;
Section D. Organization and Procedure 1. The Economic and Social Council should set up an economic commission, a social commission and such other commissions as may be required commissions in the fields of economic activity, social activity, cultural activity, promotion of human rights and ny other field within the competence of the Council. These commissions should consist of experts. There should be a permanent staff which should constitute a part of the Secretariat of the Organization.
CHAPTER X. THE SECRETARIAT 1. There should be a Secretariat comprising a Secretary-General, four deputies and such staff as may be required. The Secretary-General should be the chief administrative officer of the Organization. He should be elected by the General Assembly, on recommendation of the Security Council, for such term and under such conditions as are specified in the Charter. The Secretary-General and his deputies should be elected by the General Assembly on recommendation of the Security Council for a period of three years and the Secretary-General should be eligible for re-election. The Secretary-General should be the chief administrative officer of the Organization.
4. In the performance of their duties, the Secretary-General and the staff should be responsible only to the Organization. Their responsibilities should be exclusively international in character, and they should not seek or receive instructions in regard to the discharge thereof from any authority external to the Organization. The members should undertake fully to respect the international character of the responsibilities of the Secretariat and not to seek to influence any of their nationals in the discharge of such responsibilities.
CHAPTER XI. AMENDMENTS 1. The present Charter comes into force after its ratification in accordance with their respective constitutional processes by the members of the Organization having permanent seats on the Security Council and by a majority of the other members of the Organization.
Note: The existing text of Chapter XI would become paragraph 2.
2. A general conference of the members of the United Nations may be held at a date and place to be fixed by a three-fourths vote of the General Assembly with the concurrence of the Security Council voting in accordance with the provisions of Chapter VI, Section C, paragraph 2, for the purpose of reviewing the Charter. Each member shall have one vote in the Conference. Any alterations of the Charter recommended by a two-thirds vote of the Conference shall take effect when ratified in accordance with their respective constitutional processes by the members of the Organization having permanent membership on the Security Council and by a majority of the other members of the Organization.
Source: Amendments Proposed by the Governments of the United States, the United Kingdom, the Soviet Union, and China, The United Nations Conference on International Organization, San Francisco, April 25-June 26 1945, Doc. 2, G/29, May 5, 1945, pp. 622-628
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 (f).
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