Monthly Archives: July 2018

“환경부가 한국을 주도할 수 있다면?” 프레시안

프레시안

2018년 7월 31일

“환경부가 한국을 주도할 수 있다면?”

 

임마누엘 페스트라이쉬

 

지난 11년 동안 나는 환경부와 직접 협력해 일할 기회가 여러 번 있었습니다. 그러한 모든 것들은 2008년 당시 내가 살던 대전시의 미래를 위한 제안서를 작성했을 때 시작되었습니다.

2008년 1월 ‘대덕넷’에 게재된 ‘대전은 세계경제 이끌 첨단 환경도시’의 초안을 작성할 당시 한국 핵융합 연구소 연구원 한정훈 박사와 함께 작업했습니다.

그 제안서에서는 대덕 연구단지의 과학 전문가들과 대전시의 협력을 촉구했고, 이는 ‘대전 환경 포럼'(나중에 ‘대전 녹색 성장 포럼’으로 변경) 결성으로 이어졌습니다. 이 포럼은 시민들과 정부 공무원 및 과학 전문가들이 한 데 모여 대전을 생태 도시로 진화시킬 방법을 논의하는 공간이 되었습니다.

그러나 비록 이 포럼이 언론을 통해 언급되기는 했지만, 자동차에 기반한 도시 문화를 변화시키는 데 있어서는 큰 관심을 끌지 못했습니다. 내가 만난 환경부 관리들은 친기업적인 이명박 정부가 건설사들을 통해 진행하는 파괴적 행위들이 실제로는 환경에 이롭지 않음에도 환경에 도움이 되는 것처럼 뻔뻔하게 홍보해야만 하는 매우 고통스러운 입장에 처해 있는 것처럼 보였습니다.

또한 나는 한국의 시민들이 보호자 역할을 할 것으로 기대했던 환경부에서 도움이 되기를 원했던 관리들에게는 예산이 지원되지 않았고, 부동산업자와 개발업자들에게 막대한 부를 가져온 ‘4대강 프로젝트’에 따라 자연 하천에 대한 콘크리트 제방과 골프장을 홍보하도록 강요받았던 관리들에게는 예산이 지원되었음을 목격했습니다.

따라서 환경부의 고위 공무원 150여 명을 대상으로 나의 저서 <한국인만 몰랐던 더 큰 대한민국>(레드우드 펴냄)에서 제시한 한국 경제의 재고를 주제로 한 강연에 초청한다는 이메일을 받은 것은 놀라운 일이었습니다.

김은경 현 환경부 장관은 사회 및 환경 문제를 다루는 활동가로서 오랜 세월을 보냈고, 지방 정부에서 경력을 시작했습니다. 나는 김 장관이 산업화에 집착하는 한국 사회에서 환경 정의를 위해 싸우는 것이 무엇인지를 알고 있었다고 생각합니다.

최근 내 저서를 읽은 김 장관은 외국인이 와서 보다 큰 환경 정책 문제에 관해 이야기하는 것이 유용할 것이라고 생각했습니다. 나는 이번 행사가 내 인생에서 가장 의미 있는 강연 중 하나였다고 생각합니다.

세종시에 있는 환경부를 방문한 것은 이번이 처음입니다. 이번 여행 자체는 환경 친화적인 한국을 만들기 위해서 갈 길이 매우 멀다는 것을 상기하게 되었습니다. 요컨대 세종시에는 기차역이 없습니다. 이곳에 오기 위해서는 자동차 에어컨을 세게 튼 채로 대기를 오염시키면서 시골을 가로질러야 했습니다. 이 과정에서 낭비적인 생활양식 장려가 주목적인 아파트 단지 건설을 위해 나무들이 베어지고 토양이 파괴되는 것을 목격했습니다.

환경부가 위치한 곳은 기후에 대한 장기적인 영향에 대한 우려가 거의 없는 내부로 외부와는 차단된 뱀 모양의 정부 청사 건물 안에 있습니다. 강한 에어컨 덕에 재킷과 넥타이를 착용하고 강연하는 데도 매우 쾌적했습니다. 여기에 사용된 전기는 태양열 발전으로 생성된 것이 아니었습니다.

비록 ‘기후변화’라는 단어는 어디에도 없었지만, 환경 문제를 다루기 위한 진지한 노력을 묘사한 포스터가 있었습니다. 수년간 어설펐던 환경 정책으로 고통을 겪은 사람들 사이에서 변화에 대한 진정한 움직임이 있다는 것을 느꼈습니다.

솔직히 말해, 이번 행사와 관련해 약간의 두려움을 느꼈습니다. 내 연설은 매우 직설적이었고, 지난 80년간 한국에서 성공의 상징으로 여겨왔던 산업화 사회가 매우 심각한 위험에 빠져들었음을 암시했습니다.

석유와 석탄의 수입을 중단하는 한편, 모든 정부 정책에 대한 정보를 제공하는 자유무역 이데올로기에 반하므로 농산물 수입도 줄여야 한다고 주장했습니다.

화석 연료를 홍보하는 기업들의 방송 지원이 기후변화에 관한 보도를 위험하게 왜곡하므로, 이들 기업의 TV 광고를 허용하지 않아야 한다고 제안했습니다.

이런 연설은 매우 큰 논란을 불러일으킬 가능성이 높았습니다. 의견 차이가 있었다 하더라도 그곳에서 어떤 적개심도 느끼지 못했습니다. 실제로 나는 기후변화에 관한 이 정직한 대화에서 진정한 열정을 느꼈습니다.

나의 발언이 끝난 후 한 관리가 “미국이나 중국, 일본에 살 수도 있었을 텐데 왜 한국을 선택했습니까?”라고, 종종 받았던 질문을 던졌습니다.

나는 이 질문에 대해 여러 가지 방식으로 답변을 할 수 있습니다. 내가 한국에 온 이유는 K-POP이나 김치 또는 갈비를 좋아하기 때문이 아니며, 오히려 과거 한국 정부의 전통과 도덕성을 강조하는 정치 및 경제의 장기 지속성에 매력을 느꼈기 때문이라고. 전에도 이런 대답을 했지만, 말한 후 그 질문에 대한 보다 정확한 답이 떠올랐습니다.

실제로 일본과 중국 환경부, 특히 기후변화에 대한 논의조차 금지되어있는 나의 모국인 미국의 환경부였다면 이런 연설을 절대 허용하지 않았을 것입니다.

환경운동가 그룹뿐만 아니라 실제로 정책에 종사하는 이들에게 나의 신랄하고 더 나아가 혁명적일 수도 있는 발언이 공식적인 방식으로 전달될 수 있다는 사실은 결코 기적이 아닙니다.

그곳에서는 나의 발언을 검열하려는 어떠한 시도나 내가 발언한 내용을 담은 복사물을 회의에 참석한 모든 이들에게 배포하는 것을 주저하는 움직임이 전혀 없었습니다.

또한 지난 3주 동안 각각 별도의 프로그램에 따라 군대의 모든 지부에서 나온 장교들을 대상으로 한 네 번의 강연에서도 환경부에서 겪었던 것과 유사한 놀라움을 경험했습니다. 소령급 및 대령급 장교 앞에서 나는 기후변화, 사회의 파편화, 반(反)지성주의의 확산과 같이 최근 대두되고 있는 위협에 대해 상세하게 논의했습니다.

내가 11년 동안 한국에 머물렀던 진정한 이유는 이런 한국 주류사회의 개방성에 있습니다. 때로는 한국 정부의 정책이 잘못된 방향으로 나갈 수 있기 때문에 항상 최고 수준에서 솔직히 토론할 가능성이 있습니다.

그러나 한국에서 기후변화에 대한 투쟁은 이제 막 시작 단계에 불과하므로, 제도적•문명적 재앙에 직면한다고 하더라도 이에 대한 인식은 매우 낮은 수준입니다.

대부분의 시민들은 전기 사용과 환경 문제 사이의 인과관계에 대해 잘 알지 못하고 있습니다. 일반 대중들은 석탄 및 석유 연소를 통한 전력 발전이 우리가 직면하고 있는 기상 이변과 전혀 관계가 없는 것으로 인식하고 있습니다.

우리 앞에 놓인 긴 투쟁을 생각할 때마다 나는 기후변화에 대응할 도덕적 책임에 대해 “문제는 우리가 어떻게 성공할 것인가가 아니라 어떻게 실패할 것인가”라고 언급했던 불교 철학자 스티븐 젠킨슨 (Stephen Jenkinson)의 발언을 상기하곤 합니다. 이번 환경부 강연을 통해 적어도 나는 더 이상 혼자가 아니라는 것을 느꼈습니다.

다음은 지난 7월 27일 환경부 강연 내용입니다.

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「The Daily NNA 韓国版」の「パストリッチの視点」に“「米国第一主義」について」”

今日は共同通信社の「The Daily NNA 韓国版」に「パストリッチの視点」という新しい連続寄稿の最初でした。 坂部哲生 特派記者は インタービューの聞き手をしてくださいました。

 

The Daily NNA 韓国版

2018年7月30日
パストリッチの視点

最初の寄稿

「米国第一主義」について」

pastreich column

“Could the environment ministry lead Korea?” Korea Times

Korea Times

“Could the environment ministry lead Korea?”

July 29, 2018

Emanuel Pastreich

pastreich at minenviorn

Over the last 11 years, I have had several occasions to work directly with the Ministry of the Environment. It all started when I wrote a proposal for the future of the city of Daejeon (where I lived at the time) in 2008.

I teamed with a researcher from the Korea National Fusion Research Institute, Dr. Jung-Hoon Han, to draft “Daejeon: Environmental Capital of Asia,” which was published on Daedeok Net and Ohmynews in January, 2008.

That proposal called for cooperation between science experts in the Daedeok research cluster and the city of Daejeon and it led to the formation of the Daejeon Environmental Forum (later renamed “Daejeon Green Growth Forum”) that brought together citizens, government officials and scientific experts to discuss how Daejeon could be transformed into an ecological city.

But although that forum was mentioned in the media, it did not get much traction when it came to changing the city’s automobile-based culture. The officials from the Ministry of the Environment whom I met seemed to be trapped in an extremely painful position, forced to adapt to the pro-business Lee Myung-bak administration that shamelessly “greenwashed” (making policies and technologies look like they are good for the environment when they are not) the destructive actions of construction companies.

I also saw how Korean expected the Ministry of the Environment to serve as a protector, and discovered that its officials wanted to do good, but were not given funding and they were compelled to use what funding they were given to promote golf courses and concrete banks for natural rivers in accord with the infamous “Four Rivers Project that brought great wealth to real estate speculators and developers.

So it was quite a remarkable that I received an email on June 18 inviting me to speak to about 150 senior officials at the Ministry of the Environment about my proposal for a rethinking of the Korean economy, which I discussed in my Korean book “A Greater Korea which Koreans did not know about.”

Environment Minister Kim Eun-gyeong spent many years as an activist working on social and environmental issues, and she started her career in local government. I suspect she knew something of what it is like to fight for environmental justice in a Korean society obsessed with industrialization.

She read my recent book and thought that having a foreigner talk about larger environmental policy issues would be useful. I think it was one of the most meaningful talks I have given.

It was my first visit to the Ministry of the Environment in Sejong City. The trip itself reminded me of just how far we have to go to create an ecological Korea. After all, Sejong City does not have a train station.

We had to drive in an automobile across the countryside to get there, with the air conditioning cranked up, polluting the atmosphere and watching how the precious soil is being torn up, and the beautiful trees are being cut down, to make room for apartment complexes primarily aimed at promoting a wasteful lifestyle.

The Ministry of the Environment itself is sealed off in the snake-like government complex, a structure built with little concern for the long-term impact on the climate. The air conditioning was set so high that I felt very comfortable wearing a jacket and tie for my talk. The electricity most clearly was not generated by solar power.

But there were posters on the walls describing serious efforts to address environmental issues, even if the word “climate change” did not appear anywhere. I sensed that beneath the surface there were real stirrings for change among those who had suffered through years of half-baked environment policy.

I must confess that I felt a bit of trepidation about the event. My speech was extremely blunt and I suggested that there was profound danger in the industrialized society that had been held up as a primary symbol of success in Korea for so many years.

I proposed that we must eliminate imports of petroleum and coal, and also reduce imports of agricultural products (which goes against the entire free trade ideology that informs all government policy).

I proposed that corporations promoting fossil fuels should not be allowed to advertise on TV because their corporate support for broadcast had dangerously distorted reporting about climate change.

It was entirely possible that this speech would be highly controversial. But although there may have been real disagreement, I did not sense any hostility. I fact, I sensed a true enthusiasm about this honest dialog on climate change.

After my talk, an official asked me the question that is often posed at such events: “Why did you choose Korea when you could have lived in the United States or China or Japan?”

There are many ways I have answered this question. I suggested, humorously, that I did not come because I love K Pop, or kimchi or galbi, but rather that I was drawn to Korea’s traditions of good government and its emphasis on morality in politics and long-term sustainability in the economy in the past.

I have given this answer before, but as I spoke, a more accurate answer to the question came to mind.

The truth is that I would never be allowed to give this sort of a speech to the Ministry of the Environment in the Japan, or China, or especially in my own country’s Department of the Environment ― where even the discussion of climate change is forbidden.

The fact that my harsh, and even revolutionary, talk could be delivered in a highly formal manner to those actually engaged in policy, and not just to a marginal group of environmental activists, was nothing short of miraculous.
There had been zero effort made to vet my talk and zero hesitation about distributing copies of my talk to everyone present.

Equally amazing was the series of four talks for officers from all branches of the military that I gave over the last three weeks in a separate program. In that program as well I was free to speak about what I thought were the security issues of our age.

I discussed at length in front of lieutenants and colonels such emerging threats as climate change, the fragmentation of our society and the spread of an anti-intellectual culture.

This openness in Korea’s mainstream is the real reason that I have stayed here for 11 years. As wrong as Korean policies may be at times, there is always the potential for an honest debate at the highest levels.

But the struggle about climate change is just beginning in Korea. Awareness remains low even in the face of catastrophe.

The relationship between electricity and environment problems is unclear for most citizens. In the public mind, burning coal and oil for power is decoupled from the bizarre weather we encounter.

When I thought about the long struggle that lies before us, I was reminded of Buddhist philosopher Stephen Jenkinson’s comment about moral responsibility to respond to climate change. He said, “The question will not be so much how we succeed but rather how we will fail.” I felt at this talk at the Ministry of the Environment that at the minimum, I was no longer alone.

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Buam-dong T-shirts 부암동 티셔츠

Buam-dong T-shirts 부암동 티셔츠

 

buamdong t shirts

 

M & L

 

12000 Won

 

contact: Emanuel Pastreich

epastreich@asia-institute.org

 

 

 

“Could government service be continuation of candlelight movement?” (Korea Times)

PASTREICH FOR PRESIDENT 2020

PASTREICH FOR PRES

“젊은이의 공무원 선호, 타협 아닌 도전 돼야” 중앙일보

중앙일보

“젊은이의 공무원 선호, 타협 아닌 도전 돼야”

2018년 7월 20일

임마누엘 페스트라이쉬

많은 제자가 2년 전 촛불 집회에 참여했다. 그들은 당시 한국 사회가 어떻게 변해야 하는지 분명한 생각을 갖고 있었다. 그들의 바람대로 정권이 바뀌었다. 그런데 이들이 희망했던 일들이 새 정부가 들어선 뒤에도 성사되지 못해 큰 좌절감을 느끼고 있다.

가장 큰 문제가 일자리다. 졸업한 제자 대부분이 안정적인 일자리를 찾지 못했다. 새로운 일자리가 좀처럼 생기지 않은 탓이다. 지난 50여년간 우리 주변에서 경제를 이끌어왔던 한 축인 영세 자영업자들도 속속 폐업하는 게 오늘의 현실이다.

그래서인지 많은 학생이 공무원이 되려고 시험 준비를 하고 있다. 정년이 보장된 예측 가능한 직업이라 지금 한국의 여러 기업에서 벌어지고 있는 구조조정의 충격을 겪지 않을 수 있기 때문일 것이다. 문제는 내 제자만 봐도 나랏일 자체에 열정을 갖고 있지는 않다는 점이다. 공무원직에서 독창성을 찾기 어렵고 반복적 업무만 하는 따분한 생활을 짐작하면서도 그저 타협하는 셈이다.

정말 정부 일이 따분하고 활기가 없는 것일까? 나는 그렇지 않다고 본다. 용기와 상상력, 그리고 지속적인 노력만 있다면 젊은이들이 촛불 집회에서 원했던 변화를 정부 조직 안에서 얼마든지 실현할 수도 있다. 한국이 창조적이면서도 효과적인 정책을 펼쳐온 전통을 갖고 있다는 사실을  젊은이들은 알아야 한다. 예컨대 세종대왕의 통치 철학은 도덕적 원칙에 충실한 윤리적 행정 시스템에 기반을 뒀다. 정부를 지루하고 비효율적인 집단이라고 깎아내리기에 앞서 어느 정도 부패가 존재했다 하더라도 본질에서는 공공의 이익에 전념해왔다는 것을 기억했으면 한다.

변화를 갈구하는 일군의 젊은이들이 정부에 들어가면 그들이 빈부 격차를 줄일 수 있는 방법을 논의할 수 있도록 공무원 문화를 변화시킬 수 있다. 비록 공무원 사회의 가장 낮은 지위에 있다 해도 적극적이고 잘 조직된 젊은이들이라면 정부의 운영 방식을 바꾸고 쇠퇴한 공동체 정신을 되살릴 수 있다. 공무원에게 요구되는 불합리한 관행을 바꾸는 것만으로도 공무원 사회 전체에 획기적 변화를 부르는 긍정적 압력이 될 수 있다.

이런 일이 이뤄지는 데는 몇 가지 전제조건이 있다. 우선 젊은이들이 국가의 변화에 실질적으로 참여할 수 있는 장을 마련해야 한다. 정책 토론에서 의미 있는 기여를 할 수 있도록 정책, 기술, 인구 통계 및 기타 업무와 관련한 주제를 스스로 탐구하도록 장려해야 한다. 다시 말해 윤리학이나 문학 서적을 읽는 것을 포함한 인문학적 교육을 공무원 일과 중 일부가 되도록 배려해야 한다. 젊은 공무원의 업무 시간이 상사인 고위 공무원을 지원하는 업무로 채워져서는 안 된다. 그보다는 윤리적 인식과 지적인 정보를 갖춘 인재로 만드는 데 할애돼야 한다.

이런 차원에서 고민해야 할 게 순환보직제다. 이 제도는 젊은 정부 관료들의 전문성 구축을 방해하는 장치다. 지금이라도 이를 과감하게 없애야 한다. 대신 관심이 있는 주제와 분야를 자세하고 깊이 있게 조사·연구하도록 해 심오한 전문 지식을 개발하도록 독려해야 한다. 그렇게 하면 영리를 목적으로 하는 경영 컨설턴트나 이해가 충돌하는 다른 기관에 의존하지 않고 정부가 자체적으로 많은 문제를 해결할 수 있다. 그리고 젊은 관료들은 우리 시대의 중요한 문제를 토론하고, 여기서 한발 더 나아가 실제로 이를 구현할 수 있는 해결책까지 제시할 수 있는 그룹에 속해야 한다. 정책 수립과 시행에 참여할 수 있는 권한을 부여받는다면 그에 상응하는 자신감을 가져야 한다.

공무원 선발시험도 바뀌어야 한다. 헌법이나 기타 모호한 정책의 세부 내용을 암기하는 건 지금 시대와 맞지 않는다. 이보다는 오히려 시대를 더 거슬러 올라가 조선시대 과거와 같은 전통적 시험방식으로 되돌아가야 한다. 수험생들에게 통치 과정에서 발생하는 복잡한 문제를 던지고 여기에 윤리적 원칙을 적용해 해결하는 방법을 물어야 한다는 얘기다.

오늘날 한국은 엄청난 도전에 직면해 있다. 시대에 뒤떨어진 경제관념 탓에 현재의 변화를 따라가지 못하고 있다. 신뢰할 수 없는 정보를 만들어 퍼뜨리는 매체나 소셜네트워크서비스(SNS)가 난립한 탓에 미디어 시스템도 제 역할을 하지 못하고 있다. 또 청년층의 목소리는 국가 정책을 결정하는 과정에 제대로 스며들기는커녕 오히려 차단돼 있다. 개혁을 성공적으로 수행할 수 있는 쉬운 방법은 없다. 하지만 도덕을 앞세우는 새 정부가 젊은 공무원들의 혁신적 잠재력을 일깨울 수 있다면 분명 우리에게 기회는 있다.

국가미래기본법 제정과 국가미래 발전을 위한 헌법 개정 국회 공청회

제가 (이만열) 국가미래기본법 제정과 국가미래 발전을 위한 헌법 개정 국회 공청회에서 발표 했습니다.  이법안은 매주 중요하다고 생각 합니다.

국가미래기본법<img
KNS뉴스통신

“국제미래학회 “국가미래기본법 제정하라” 주장”

Cognitive dissonance as comedy

I saw this haunting advertisement in the subway today (July 18, 2018). It was, of course, meant to be humorous, lighthearted and topical. But there was something deeply disturbing about the image.  The advertisement for a waterpark suggests that geopolitical catastrophe and the complete loss of institutional control we see in the United States, and in South Korea, can be an amusing theme for an advertisement for summer fun on the water slide. We see Donald Trump and Kim Jong Un racing down the flume at the water park towards complete chaos.

I think this advertisement suggests a pathological level of cognitive dissonance.

catastrophe

“An Affirmation of the United Nations Charter in a Time of Peril” (July 19, 2018)

Logo_of_the_United_Nations

declarationun

Asia Institute Event

“An Affirmation of the United Nations Charter in a Time of Peril”

Thursday, July 19, 2018

10-12 AM

@ The Tomorrow (see below)

 

The Charter of the United Nations was signed at the conclusion of the United Nations Conference on International Organization (UNCIO) on June 26, 1945, in San Francisco (73 years ago). The spirit that animated the global struggle against Fascism, and for internationalism, was condensed into a single document at that meeting and a vision was put forth for the world committed to peace, not as an ideal, but as a fundamental necessity of global governance. The United Nations Charter went bravely beyond the limitations of the Hague Conventions and of the League of Nations and ushered in a new age.

 

Harry Truman said of the UN Charter,

 

“The Charter of the United Nations which you have just signed is a solid structure upon which we can build a better world. History will honor you for it. Between the victory in Europe and the final victory, in this most destructive of all wars, you have won a victory against war itself. With this Charter the world can begin to look forward to the time when all worthy human beings may be permitted to live decently as free people.”

 

But the potential of the United Nations was not realized because of the breakdown of that system into alliance structures after the Korean War and Truman himself turned away from the internationalist vision in that process. The contention about the nature of global governance since then has undermined the function of the United Nations.

We have reached a historical moment when the question of global governance has come to the fore again and a new vision for our fragile green and blue planet is demanded of us. We face the threats of ethnic nationalism and totalitarianism; granted that the forms of those threats have changed, their essence remains the same.

We will read aloud the text of the United Nations Charter at this event and we will discuss its significance and its potential in an open and participatory format. We welcome you to join us as we consider what the original spirit of the United Nations Charter was, and how it should be reaffirmed and revived in the present age.

Before we start to play silly putty with military alliances, let us go back to the seminal text that forms the foundations for the global order of the last seventy years.

We welcome you to attend this event, to read a part of the United Nations Charter, and to offer your insights as to how that tradition can be revitalized in this historical moment fraught with tremendous risk and animated with overwhelming potential.

This event will be connected with Asia Institute affiliates around the world as part of a global effort to encourage a profound dialog on the proper path forward for global governance.


 

Location:

The Tomorrow

 #1307 (13th floor)

Taeyoung Desiang Dokmak-ro 320 (Dohwa-dong 560)

Mapo-ku, Seoul (five minutes from Gongdeok Station, exit 1)

 

서울시 마포구 독막로 320 (도화동 560번지) 태영데시앙 1307호

02-3275-0100 PHONE

 

the tomorrow

 

 

declarationun

Text of the United Nations Charter

http://www.un.org/en/sections/un-charter/un-charter-full-text/

 


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.

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 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. 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 Vll.

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.

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 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.

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 co-operation 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.

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:
    1. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification;
    2. promoting international co-operation 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.
    3. 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.

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.

 

VOTING

Article 18

  1. Each member of the General Assembly shall have one vote.
  2. 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.
  3. 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.

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.

 

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

 

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.

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.

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.
  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 fulfilment 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.
  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 sub-committees.

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 are members.

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.

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.

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 CO-OPERATION

 

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:

  1. higher standards of living, full employment, and conditions of economic and social progress and development;
  2. solutions of international economic, social, health, and related problems; and international cultural and educational      cooperation; and
  3. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex,    language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in co-operation 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 co-ordination 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.

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.

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.

 

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 non-governmental 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.

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:

  1. 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;
  2. 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;
  3. to further international peace and security;
  4. to promote constructive measures of development, to encourage research, and to co-operate 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
  5. 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.

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 well-being 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 thereunder 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:

  1.   to further international peace and security;
  2.   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;
  3.   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
  4.   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.

Article 77

1 The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

  1.        territories now held under mandate;
  2.         territories which may be detached from enemy states as a result of the Second World War; and
  3.         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.
  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.

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:

  1.         those Members administering trust territories;
  2.         such of those Members mentioned by name in Article 23 as are not administering trust territories; and
  3.         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.

 

FUNCTIONS and POWERS

Article 87

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

  1.         consider reports submitted by the administering authority;
  2.         accept petitions and examine them in consultation with the administering authority;
  3.         provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and
  4.         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.

 

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.

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.
    b. 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.

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.

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 fulfilment 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 fulfilment 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 connexion 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.

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.
  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.

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.