#11160 - Un Charter - International Law I

U.N. Charter

1. Article 1

   1. The Purposes of the United Nations are:

      1. 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.

2. Article 2

   1. 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.

POSSIBLE EXCEPTIONS (Even in absence of Chap. VII Authorization) -Louis Henkin, "Use of Force: Law and U.S. Policy"

(1) Self-Defense

(2) Humanitarian Intervention

(3) Intervention to Support Self-Determination

(4) Intervention for Socialism (Generally Condemned in principle)

(5) Intervention for Democracy (Only U.S. has supported idea)

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.

3. Article 27

   1. 1. Each member of the Security Council shall have one vote.

   2. 2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.

   3. 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.

      1. This has been construed such that abstaining to vote does not constitute a veto. In Korean War, Russia walked out and that was not deemed to be a veto.

4. Chapter VI: Pacific Settlement of Disputes

   1. Article 33

      1. 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.

2. Article 34

   1. 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.

3. Article 35

   1. 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.

4. Article 36

   1. 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.

5. Article 37

   1. 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.

6. Article 38

   1. 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.

5. Chapter VII: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

   1. Article 39

      1. 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.

         • Issue: What basis is there for a finding under Article 39 notwithstanding the language in Article 2(7) with respect to not intervening in matters which are essentially within the domestic jurisdiction of other states?

           • Somalia

             • Anarchy: Too many fleeing the country and too many people crossing the border out of country - an international moment

               • Perhaps also a harbor for piracy

           • Southern Rodesia

             • Unilateral Declaration of Independence caused significant amounts of people to flee country

               • Called this a "threat to international peace"

           • WWII Tribunals

             • International Human Rights: Some behavior towards people is so egregious, it is an international moment.

           • South Africa

             • International Human Rights: re Apartheid

               • Humanitarian concerns so dramatic that it justifies Chap. VII intervention (a threat to international peace)

           • Haiti (Regime Change in the 1990s)

             • Denial of self-determination: When the elected government is overthrown by a military coup

             • Humanitarian Intervention: Massive human rights abuses (e.g. 3,000 murders, others were raped, arbitrarily arrested and tortured)

             • Refugees fleeing the country

               • SELF-DETERMINATION = ESSENTIAL INGREDIENT

           • BUT, there is NO JUDICIAL REVIEW for Chapter VII decisions

   2. Article 40

      1. 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.

   3. Article 41

      1. 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.

   4. Article 42

      1. 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...