1 General Assembly Res. No. 1991 A and B (XVIII), Dec. 17, 1963, U.N. General Assembly, 18th sess., Official Records, Supp. No. 15 at 21-22 (A/5515) (1963), 59 A.J.I.L. 985 (1965); Statement by the secretary-General of Aug. 31, 1965, U.N. Press Release SG/SM/353, L/1443.

2 Protocol of Entry into Force of the Amendments to Articles 23, 27 and 61 of the Charter of the United Nations adopted by General Assembly Resolution No. 1991 A and B (XVIII) of Dec. 17, 1963, annexed to U.N. Doc. A/6019, sept. 27, 1965, General Assembly, 20th sess., Agenda Items 15 and 16, Election of non-permanent members of the security Council; Election of members of the Economic and Social Council, Report of the secretary-General.

3 Among the instruments of ratification listed in the Annex to the Protocol of Entry into Force was also the instrument of ratification by China. With reference to this, the Permanent Mission of the U.S.S.B. stated in a note verbale that the ratification “by the Chiang Kai-shek clique … which represents no one and has no right to speak in the name of China” is illegal and contrary to the Charter of the United Nations (U.N. Doc. A/6031, Oct. 5, 1965). This was a continuation of the struggle the Soviet Government had waged against the adoption of any Charter amendment in the absence of the Chinese mainland authorities through seven years from 1956 to 1963. On this, see 59 A.J.I.L. at 835-837 and 842-844 (1965). The Soviet Mission did not, however, draw the conclusion to allege that the amendments had not entered into force. It recalled that the government of the People's Republic of China had announced that it will not object to the enlargement of the Councils ‘ ‘ even before the restoration of the rights of the People's Republic of China in the United Nations” (ibid.). Similar statements were made by the representatives of Czechoslovakia (U.N. Doc. A/6139, Dec. 4, 1965) and Hungary (U.N. Doc. A/6185, Dec. 17, 1965). The (Nationalist) Chinese Government, on its part, stated that the allegations set forth by the Soviet Union were untenable both in law and in fact. The Protocol of Entry into Force was, it said, “a legally valid document in its entirety. If any part of the provisions of Article 108 were not fulfilled, the amendments would not be deemed to have entered into force.” (U.N. Doc. A/6055, Oct. 19, 1965.)

4 Status of Multilateral Conventions. Signatures, ratifications, accessions etc. Received by the secretary General. Report No. 8 (1965), ST/LBG/3, Rev. 1. U.N. Press Release L/1507, Jan. 21,1966.

5 Note 1 above.

6 General Assembly, 20th sess., Official Records, Supp. No. 1A (A/6001/Add.l), sec. XI.

7 Note 2 above.

8 I.e., with Arts. 23(2) and 61(3) of the Charter as amended.

9 For an examination of the constitutional and legal questions involved in the choice between the two alternatives listed in the text, see 59 A.J.I.L. 850-852 (1965). The consultation with, and the agreement of, the candidates for the (then) forthcoming elections to the Councils were, in themselves, not conclusive because not only these candidates, but every Member and, in the light of Arts. 32, 35(2) and 2(6) of the Charter in regard to the security Council, even non-Members, have or may acquire a legal interest in the composition of the Councils.

10 U.N. Doc. A/P.V. 1392 (Provisional). see also Doc. A/P.V. 1393 (Provisional).

11 U.N. Docs. A/P.V. 1396, 1400 and 1403 (Provisional). In the case of the elections to one of the nine new seats on the Economic and Social Council, recourse had to be had to the device of “splitting” the term between two candidates (Iran and Syria).

12 On the legal status of the General Assembly decisions on the pattern of geographical representation, see 59 A.J.I.L. 852 (1965). The statements preceding the election process made by the President of the General Assembly in its 1392nd and 1396th meetings are illustrative of the fact that he and the General Assembly, which followed his guidance, treated the provisions of the 1963 resolutions on the pattern of geographical representation as binding.

13 U.N. Docs. S/P.V. 1237, 1238, 1242; security Council Res. Nos. 209 (1965), 210 (1965), 211 (1965), 214 (1965) and 215 (1965) of sept. 4, 6, 20 and 27, and Nov. 5, 1965.

14 Security Council Res. Nos. 212 (1965), 213 (1965), 216 (1965) Rev. 1, 217 (1965), 218 (1965) and 219 (1965).

15 E.g., on the annual report of the Trade and Development Board of the United Nations Conference on Trade and Development, and on the World Food Program, Report of the Economic and Social Council on the first part of its resumed 39th session, General Assembly, 20th sess., Official Records, Supp. No. 3 A (A/6003/Add. 1), Nov. 30, 1965.

16 General Assembly Res. No. 2029 (XX), Nov. 22, 1965; U.N. Doe. A/6003/Add.l, note 15 above.

17 In his statements referred to in notes 1, 2 and 6 above.

18 Cf. Art. 69, par. 3(a) and (b) of the Draft Articles on the Law of Treaties as prepared by the International Law Commission at its 1964 session. General Assembly, 19th sess., Official Records, Supp. No. 9 (A/5809).

19 General Assembly Res. No. 2046 A, B, C (XX), Dec. 8, 1965. see below at note 41.

20 Emphasis added.

21 Note by the secretary-General and Explanatory Memorandum, sept. 16, 1965, U.N. Doc. A/5974.

22 Provisional Verbatim Record of the 1336th plenary meeting, sept. 24, 1965, U.N.Doc. A/P.V. 1336 at 47. For the relevant proceedings in the General Committee, see the Provisional Summary Record of the 159th meeting of the General Committee, sept. 22, 1965, U.N. Doc. A/BUB/SR. 159.

23 Provisional Summary Record of the 897th meeting of the Sixth Committee, Dec. 14, 1965, U.N. Doc. A/C.6/SB. 897.

24 General Assembly Res. No. 992 (X), Nov. 21, 1955, U.N. General Assembly, 10th sess., Official Records, Supp. No. 19, at 49 (A/3116) (1955).

25 Security Council, Tenth Tear, Official Records, 707th meeting, par. 171, Dec. 16, 1955, Docs. S/3503 and S/3504.

26 U.N. Doc. A/5974, par. 4, note 21 above.

27 Ibid. A suggestion to change “seven” into “ nine “ was, at a later stage of the proceedings, made by the representative of Mali (U.N. Doc. A/C.6/SR. 897 (Provisional)).

28 Notes 21 and 26 above.

29 Note 24 above.

30 U.N. Doc. A/5897, sept. 22, 1965.

31 General Assembly Res. No. 2114 (XX), Dec. 21, 1965.

32 Loc. cit. note 25 above.

33 In 1958 this writer expressed the opinion that the point made by the Belgian representative in 1955 Seemed well taken and that the reply to his question was in the affirmative. sehwelb, “Charter Review and Charter Amendment—Recent Developments,“7 Int. and Comp. Law Q. 321 (1958).

34 U.N. Doc. A/C.6/SB. 897, note 23 above.

35 U.N. Doc. A/C.6/L.584, Dec. 14, 1965.

36 U.N. Doc. A/C.6/SR. 897; Report of the Sixth Committee, U.N. Doc. A/6180, par. 14.

37 Provisional Verbatim Record of the 1404th plenary meeting, Dec. 20, 1965, U.N. Doc. A/P.V. 1404.

38 General Assembly Res. No. 2101 (XX), Dec. 20, 1965.

39 General Assembly Res. No. 377(V), see. A, Nov. 3, 1950, General Assembly, 5th sess., Official Records, Supp. No. 20 (A/1775) at 10; 45 A.J.I.L. Supp. 1 (1951).

40 Rules of Procedure of the General Assembly (embodying amendments and additions adopted by the General Assembly up to Dee. 31, 1963). U.N. Pub. Sales No. 64.1.18, U.N., Doc. A/520 Rev. 7, June, 1964.

41 Request for the inclusion of the item in the agenda, Note by the Secretary-General, U.N. Doc. A/5973, sept. 14, 1965; proceedings in the Sixth Committee, U.N. Docs. A/C.6/SB.873, 878 and 879; draft resolution by Peru, U.N. Doc. A/C.6/li.573; Report of the Sixth Committee, U.N. Doc. A/6132, Dec. 3, 1965; Provisional Verbatim Record of the 1391st plenary meeting, Dec. 8, 1965; General Assembly Res. No. 2046 A, B and C (XX), Dec. 8, 1965.