Charter of the United Nations

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Charter of the United Nations
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UN Charter
Drafted14 August 1941
Signed26 June 1945
Location San Francisco, California, United States
Effective24 October 1945
Condition Ratification by China, France, the Soviet Union, the United Kingdom, the United States and by a majority of the other signatory states.
Parties193
Depositary United States
Languages Arabic, Chinese, English, French, Russian, and Spanish
Wikisource-logo.svg Charter of the United Nations at Wikisource

The Charter of the United Nations (also known as the UN Charter) of 1945 is the foundational treaty of the United Nations, an intergovernmental organization. [1] The UN Charter articulated a commitment to uphold human rights of citizens and outlined a broad set of principles relating to achieving ‘higher standards of living’, addressing ‘economic, social, health, and related problems,’ and ‘universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.’ [2] As a charter, it is a constituent treaty, and all members are bound by its articles. Furthermore, Article 103 of the Charter states that obligations to the United Nations prevail over all other treaty obligations. [1] [3]

Treaty Express agreement under international law entered into by actors in international law

A treaty is a formal written agreement entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all these instruments may be considered treaties subject to the same rules under international law.

United Nations Intergovernmental organization

The United Nations (UN) is an intergovernmental organization responsible for maintaining international peace and security, developing friendly relations among nations, achieving international cooperation, and being a centre for harmonizing the actions of nations. It is the largest, most familiar, most internationally represented and most powerful intergovernmental organization in the world. The UN is headquartered on international territory in New York City; other main offices are in Geneva, Nairobi, Vienna and The Hague.

An intergovernmental organization (IGO) or international organization is an organization composed primarily of sovereign states, or of other intergovernmental organizations. IGOs are established by a treaty that acts as a charter creating the group. Treaties are formed when lawful representatives (governments) of several states go through a ratification process, providing the IGO with an international legal personality. Intergovernmental organizations are an important aspect of public international law.

Contents

The Charter was discussed in detail during the San Francisco Conference starting on 25 April 1945, and was opened for signature on 26 June 1945. [4] [5] It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, by 50 of the 51 original member countries (Poland, the other original member, which was not represented at the conference, signed it two months later). [4] It entered into force on 24 October 1945, after being ratified by the original five permanent members of the United Nations Security Council—the Republic of China (after 1949, located in Taiwan and was replaced on 25 October 1971 by the People's Republic of China), the Provisional Government of the French Republic (later replaced by the Fourth Republic and then the Fifth Republic), the Union of Soviet Socialist Republics (later replaced by the Russian Federation), the United Kingdom, and the United States—and a majority of the other signatories. In the meantime, the atomic bombings of Hiroshima and Nagasaki took place on 6 and 9 August, respectively; the introduction of this new weapon of warfare completely changed the security environment in which the UN Charter was promulgated. Most countries in the world have now ratified the Charter.

San Francisco War Memorial and Performing Arts Center

The San Francisco War Memorial and Performing Arts Center (SFWMPAC) is located in San Francisco, California. It is one of the largest performing arts centers in the United States. It covers 7.5 acres in the Civic Center Historic District, and totals 7,500 seats among its venues.

Poland Republic in Central Europe

Poland, officially the Republic of Poland, is a country located in Central Europe. It is divided into 16 administrative subdivisions, covering an area of 312,696 square kilometres (120,733 sq mi), and has a largely temperate seasonal climate. With a population of approximately 38.5 million people, Poland is the sixth most populous member state of the European Union. Poland's capital and largest metropolis is Warsaw. Other major cities include Kraków, Łódź, Wrocław, Poznań, Gdańsk, and Szczecin.

Provisional Government of National Unity provisional government of Poland immediately after World War II

The Provisional Government of National Unity was a government formed by a decree of the State National Council on 28 June 1945. It was created as a coalition between the Polish Workers' Party and politicians from close political sphere of Stanisław Mikołajczyk, former Prime Minister of the Polish government-in-exile.

24 October was later declared as United Nations Day by the United Nations General Assembly. [6]

United Nations Day annual observance celebrated in commemoration of the United Nations Charter coming into force in 1945

The United Nations officially came into existence on 24 October 1945.

United Nations General Assembly Principal organ of the United Nations

The United Nations General Assembly is one of the six principal organs of the United Nations (UN), the only one in which all member nations have equal representation, and the main deliberative, policy-making, and representative organ of the UN. Its powers are to oversee the budget of the UN, appoint the non-permanent members to the Security Council, appoint the Secretary-General of the United Nations, receive reports from other parts of the UN, and make recommendations in the form of General Assembly Resolutions. It has also established numerous subsidiary organs.

Summary

Insignia appeared in the frontispiece of the charter, prototype of the current logo of the United Nations. UN charter logo.png
Insignia appeared in the frontispiece of the charter, prototype of the current logo of the United Nations.

The Charter consists of a preamble and a series of articles grouped into chapters. [1]

The Preamble to the United Nations Charter is the opening (preamble) of the United Nations Charter.

The preamble consists of two principal parts. The first part contains a general call for the maintenance of peace and international security and respect for human rights. The second part of the preamble is a declaration in a contractual style that the governments of the peoples of the United Nations have agreed to the Charter and it is the first international document regarding human rights.

Chapter I of the United Nations Charter

Chapter I of the United Nations Charter lays out the purposes and principles of the United Nations organization. These principles include the equality and self-determination of nations, respect of human rights and fundamental freedoms and the obligation of member countries to obey the Charter, to cooperate with the UN Security Council and to use peaceful means to resolve conflicts. These "purposes and principles" reflect a premise that the effectiveness of the United Nations would be enhanced with broad guidelines to guide the actions of its Organisations and member states. However, some members were concerned that these proposals granted what they considered overly broad discretionary powers for the organs of the United Nations in the Dumbarton Oaks Conference proposals. And the adopted purposes and principles have been seen as reflecting the compromise achieved.

Peace State of harmony characterized by lack of violent conflict and freedom from fear of violence

Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict and freedom from fear of violence between individuals or groups. Throughout history leaders have used peacemaking and diplomacy to establish a certain type of behavioral restraint that has resulted in the establishment of regional peace or economic growth through various forms of agreements or peace treaties. Such behavioral restraint has often resulted in the reduction of conflicts, greater economic interactivity, and consequently substantial prosperity.

Chapter II of the United Nations Charter deals with membership to the United Nations (UN) organization. Membership is open to the original signatories and "all other peace-loving states" that accept the terms and obligations set forth in the UN Charter and, "in the judgment of the Organization, are able and willing to carry out these obligations". According to Chapter II of the UN Charter, in order to be admitted to the UN, a country must first be recommended by the UN Security Council and then approved by vote of the UN General Assembly. In addition, the admission must not be opposed by any of the five permanent members of the UN Security Council, sometimes referred to as the Permanent Five or P5.

The following chapters deal with the enforcement powers of UN bodies:

Charter Provisions

Preamble

World War II poster from the United States on the UNITED NATIONS - PREAMBLE TO THE CHARTER OF THE UNITED NATIONS UNITED NATIONS - PREAMBLE TO THE CHARTER OF THE UNITED NATIONS - NARA - 515901.jpg
World War II poster from the United States on the UNITED NATIONS – PREAMBLE TO THE CHARTER OF THE UNITED NATIONS

The Preamble to the treaty reads as follows: [7] [8]

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.

"WE THE PEOPLES OF THE UNITED NATIONS" "WE THE PEOPLES OF THE UNITED NATIONS" - NARA - 516086.jpg
"WE THE PEOPLES OF THE UNITED NATIONS"

Although the Preamble is an integral part of the Charter, it does not set out any of the rights or obligations of member states; its purpose is to serve as an interpretative guide for the provisions of the Charter through the highlighting of some of the core motives of the founders of the organization. [9]

Chapter I: Purposes And Principles

Article 1

The Purposes of the United Nations are [1]

  1. To maintain international peace and security, 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 co-operation 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]

  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.
  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 of the United Nations Charter. [1]

Chapter II: Membership

Chapter II of the United Nations Charter deals with membership of the United Nations organization

Chapter III: Organs

  1. There are established as 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.

Chapter IV: The General Assembly

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.

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.

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.

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

Chapter VII: Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression

Chapter VIII: Regional Arrangements

Chapter IX: International Economic and Social Co-operation

Chapter X: The Economic and Social Council

Chapter XI: Declaration regarding Non-Self-Governing Territories

Chapter XII: International Trusteeship System

Chapter XIII: The Trusteeship Council

Chapter XIV: The International Court of Justice

Chapter XV: The Secretariat

Functions of the Secretariat

  1. preparation of report and other documents containing information, analysis, historical background research finding, policy suggestions and so forth, to facilitate deliberations and decision making by other organs.
  2. to facilitate legislative organs and their subsidiary bodies.
  3. provision of meeting services for the General Assembly and other organs
  4. provision of editorial, translation and document reproduction services for the issuance of UN documents in different language.
  5. conduct of studies and provision of information to various member states in meeting challenge in various fields
  6. preparation of statistical publication, information bulletin and analytical work which the General Assembly has decided
  7. organization of conferences experts group meetings and seminar on topics of concern to the international community
  8. provision of technical assistance to develop countries.
  9. understanding of service mission to countries, areas or location as authorized by the General Assembly or the security

Chapter XVI: Miscellaneous Provisions

Chapter XVII: Transitional Security Arrangements

Chapter XVIII: Amendments

Chapter XIX: Ratification and Signature

Chapter XIX of the United Nations Charter deals with ratification and signature of the UN Charter. It provided that the Charter would enter into force once ratified by the Permanent Five members of the United Nations Security Council and a majority of the other signatory states. Ratification and Signatures are an important part of the United Nations.

See also

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References

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  2. Christopher N.J. Roberts (June 2017). "William H. Fitzpatrick's Editorials on Human Rights (1949)". Quellen zur Geschichte der Menschenrechte [Sources on the History of Human Rights]. Human Rights Working Group in the 20th Century. Archived from the original on 7 November 2017. Retrieved 4 November 2017.
  3. "Chapter XVI: Miscellaneous Provisions". Archived from the original on 1 February 2013. Retrieved 29 June 2017.
  4. 1 2 "1945: The San Francisco Conference". www.un.org. 26 August 2015. Retrieved 20 October 2019.
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  6. United Nations General Assembly Session 2 Resolution168. United Nations DayA/RES/168(II) 31 October 1947. Retrieved 24 October 2008.
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  8. "Preamble". United Nations. Archived from the original on 18 February 2018. Retrieved 17 February 2018.
  9. Report of the Rapporteur of Commission I/1 UNICO VI, pp 446–7, Doc. 944 I/1/34(1).