Contents Foreword, by Edvard Hambro Preface to the Third Edition Abbreviations Used in the Footnotes v ix xix INTRODUCTION 1 Commentary: CHARTER OF THE UNITED NATIONS Preamble 19 I. Purposes and Principles 23 1 (Purposes) 25 2 (Principles) 36 II. Membership 73 3 (Original members) 81 4 (Admission of new members) 85 5 (Suspension) 96 6 (Expulsion) 98 III. Organs 101 7 (Principal and subsidiary organs) 101 8 (Eligibility of men and women) 104 IV. The General Assembly 106 9 (Membership and representation) 108 10 (General definition) 111 11 (Maintenance of peace and security) 114 12 (Disputes before Security Council) 129 13 (Political, economic, and social cooperation) 133 14 (Peaceful adjustment of situations) 141
r xiv CONTENTS 15 (Reports from other organs) 16 (Trusteeship matters) 17 (Financial matters) 18 (Voting procedure) 19 (Failure to pay contributions) 20 (Sessions) 21 (Rules of Procedure) 22 (Subsidiary organs) 145 148 148 165 176 181 184 186 V. The Security 23 24 25 26 27 28 29 30 31 32 Council (Membership and representation) (Maintenance of peace and security) (Binding force of decisions) (Regulation of armaments) (Voting procedure) (Organization and meetings) (Subsidiary organs) (Rules of Procedure) (Participation by member states not represented on Security Council) (Participation by nonmember states and by member states not represented on Security Council) 192 192 202 207 211 215 232 236 239 243 247 VI. Pacific Settlement of Disputes 257 33 (General obligation of parties) 259 34 (Power of Security Council to investigate) 265 35 (Power of states to submit disputes) 270 36 (Power of Security Council to recommend) 277 37 (Recommendation of terms of settlement) 283 38 (Power of Security Council to recommend on request) 287 VII. Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression 290 39 (General authority of Security Council) 293 40 (Provisional measures) 302 41 (Measures not involving use of armed force) 311 42 (Measures involving use of armed force) 314
CONTENTS 43 (Agreements regarding armed forces and facilities) 317 44 (Member states not represented on Security Council and military decisions) 326 45 (Availability of air forces) 327 46 (Plans for application of armed forces) 329 47 (Military Staff Committee) 329 48 (Action to carry out Security Council decisions) 334 49 (Mutual"assistance) 337 50 (Right to plead special economic problems) 340 51 (Right of self-defense) 342 xv VIII. Regional Arrangements 354 52 (Admissible for pacific settlement of disputes )" 355 53 (Use for enforcement action) 364 54 (Obligation to inform Security Council) 368 IX. International Economic and Social Cooperation 370 55 (Purposes) 371 56 (Pledge of members) 380 57 (Specialized Agencies) 382 58 (Coordination of their policies and activities) 394 59 (Creation of new Specialized Agencies) 401 60 (Responsibility for discharge of UN functions) 404 X. The Economic and Social Council 408 61 (Membership and representation) 408 62 (Studies, reports, and recommendations) 412 63 (Making agreements'with Specialized Agencies) 419 64 (Obtaining reports) 426 65 (Assistance to Security Council) 429 66 (Other functions) 431 67 (Voting procedure) 434 68 (Setting up of commissions) 435 69 (Participation of members) 441 70 (Arrangements for mutual participation) 442
XVI CONTENTS 71 (Arrangements with non-governmental organizations) 72 (Rules of Procedure) 443 446 XI. Declaration Regarding Non-Self-Governing Territories 448 73 (Commitments in interest of inhabitants) 448 74 (Commitments in interest of others) 462 XII. XIII. International 75 76 77 78 79 80 81 82 83 84 85 Trusteeship System (Establishment) (Objectives) (Territories affected) (Exemption of members) (Definition of terms of trusteeship) (Reservation of existing rights) (Content of trusteeship agreements) (Designation of strategic areas) (Special regime for strategic areas) (Administrating authority and maintenance of peace) (Exercise of UN functions) 464 465 466 478 487 488 494 500 504 506 512 514 The Trusteeship Council 519 86 (Membership and representation) 519 87 (Powers of General Assembly and Trusteeship Council) 524 88 (Report by administering authority) 534 89 (Voting procedure) 537 90 (Rules of Procedure) 539 91 (Assistance of Economic and Social Council and Specialized Agencies) 541 XIV. The International Court of Justice 92 (Position and Statute of Court) 93 (Parties to Statute) 94 (Binding force of decisions) 95 (Use of other tribunals) 96 (Advisory opinions) 544 548 553 555 558 559 XV. The Secretariat 97 (Composition. Appointment of Secretary-General) 572 580
CONTENTS xvii 98 (Functions of Secretary-General) 584 99 (Peace and security function) 588 100 (Independence of Secretary-General and staff) 593 101 (Appointment and assignment of staff) 600 XVI. Miscellaneous Provisions 610 102 (Registration of treaties) 610 103 (Conflict between Charter and other obligations) 614 104 (Legal capacity of UN) 617 105 (Privileges and immunities) 617 XVII. Transitional Security Arrangements 627 106 (Responsibilities pending entry into force) 629 107 (Action by victorious states) 633 XVIII. Amendments 638 108 (Amendment procedure) 641 109 (General conference) 643 XIX. Ratification and Signature 648 110 (Ratification and entry into force) 648 111 (Languages and authenticity of language texts) 649 Appendix: DOCUMENTS Covenant of the League of Nations 653 Dumbarton Oaks Proposals 665 Charter of the United Nations 675 Statute of the International Court of Justice 700 Index 713