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Preparatory Work for a Possible Revision of the United Nations Charter

Published online by Cambridge University Press:  30 March 2017

Yuen-Li Liang*
Affiliation:
Division for the Development and Codification of International Law, United Nations Secretariat

Extract

The question of undertaking preparatory work for a possible revision of the Charter of the United Nations was considered at some length by the General Assembly at its eighth session. It aroused widespread interest particularly in view of the provisions of Article 109, paragraph 3, of the Charter, which provides that the proposal to convene a general conference for the purpose of reviewing the Charter shall be placed on the agenda of the tenth annual session of the General Assembly if such a conference has not been held before that session.

Type
Notes on Legal Questions Concerning the United Nations
Copyright
Copyright © American Society of International Law 1954

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References

1 They included those of the United States, General Assembly, 8th Sess., Official Records, Plenary Meetings, 434th meeting, par. 43; Peru, ibid., 439th meeting, par. 49; Union of South Africa, ibid., 442nd meeting, par. 39; Ecuador, ibid., par. 78; Dominican Repnblic, ibid., 444th meeting, par. 21; Iceland, ibid., pars. 103, 104; El Salvador, ibid., par. 156; Syria, ibid., 445th meeting, par. 18; Egypt, ibid., 446th meeting, par. 68; Brazil, ibid., par. 87; Costa Rica, ibid., par. 144; Argentina, ibid., 447th meeting, par. 8; Lebanon, ibid., par. 67.

2 U.N. Doc. A/2415 and Add. 1.

3 U.N. Doc. A/2442.

4 U.N. Doc. A/2466 and Add. 1.

5 The matter was considered by the Sixth Committee at its 371st to 380th meetings.

6 One other draft resolution was submitted by Argentina (U.N. Doc. A/2415/Add.1), but it was withdrawn in favor of the six-Power draft resolution.

7 U.N. Doc. A/C.6/L.306/Rev.2.

8 U.N. Doc. A/C.6/L.305.

9 General Assembly, 8th Sess., Official Records, 6th Committee, 378th meeting, par. 5.

10 These included the representatives of the Ukrainian S.S.B., ibid., 371st meeting, par. 26; Czechoslovakia, ibid., 375th meeting, par. 26.

11 Ibid., 373rd meeting, par. 11.

12 Ibid., 374th meeting, par. 8.

13 Ibid., 373rd meeting, par. 12.

14 Ibid., par 16.

15 Ibid., par. 17.

16 These included the delegations of Cuba, ibid., 374th meeting, par. 1; Pakistan, ibid., par. 17; Canada, ibid., 375th meeting, par. 32; Turkey, ibid., 376th meeting, par. 10; Thailand, ibid., 377th meeting, par. 17.

17 Ibid., 372nd meeting, par. 10.

18 Ibid., 376th meeting, par. 41.

19 Ibid., par. 43.

20 Ibid., par. 41.

21 Ibid., par. 43.

22 Ibid., par. 41.

23 Ibid., 377th meeting, par. 32.

24 They included those of Norway, ibid., 373rd meeting, par. 27; Mexico, ibid., par. 34; Ecuador, ibid., 374th meeting, par. 33; India, ibid., 375th meeting, par. 11.

25 These included representatives of the U.S.S.E., ibid., 378th meeting, par. 12; Ukrainian S.S.E., ibid., 371st meeting, par. 27; Poland, ibid., 372nd meeting, pars. 52, 53; Byelorussian S.S.B., ibid., 373rd meeting, par. 29; Czechoslovakia, ibid., 375th meeting, pars. 24, 25.

26 Ibid., 372nd meeting, par. 39.

27 Ibid., 371st meeting, pars. 4, 7.

28 Ibid., 374th meeting, par. 13.

29 ibid., 379th meeting, par. 2.

30 U.N. Doc. A/C.6/343, pp. 4–6.

31 Commission I on General Provisions, Commission II on the General Assembly, Commission III on the Security Council, Commission IV on Judicial Organization.

32 The General Committees (Steering, Executive, Co-ordination and Credentials), the Advisory Committee of Jurists, and the 12 technical committees.

33 Documents of the United Nations Conference on International Organization (Michigan: Edward Brothers, Inc., 1945).

34 These include the summary reports of the Advisory Committee of Jurists, which were issued as working documents of the Co-ordination Committee.

35 The restriction was lifted by the Secretary General in 1947. Some 261 pages of the Co-ordination Committee documents were included in Vol. 15 of the U.N.CI.O. edition.

36 General Assembly, 8th Sess., Official Records, 6th Committee, 372nd meeting, par. 4.

37 U.N. Doc. A/C.6/343, pp. 9–10.

38 General Assembly, 8th Sess., Official Records, 6th Committee, 375th meeting, par. 45.

39 U.N. Doc. A/C.6/343, p. 18.

40 They included those of Argentina, General Assembly, 8th Sess., Official Records, 6th Committee, 376th meeting, par. 38; El Salvador, ibid., 378th meeting, par. 20; Chile, ibid., 374th meeting, par. 27.

41 Ibid., 371st meeting, par. 36.

42 Ibid., 379th meeting, par. 3.

43 Ibid., 373rd meeting, par. 25.

44 U.N. Doe. A/C.6/343, pp. 22–24.

45 General Assembly, 7th Seas., Official Records, Supp. No. 20 (A/2361).

46 General Assembly, 8th Sess., Official Records, 6th Committee, 371st meeting, par. 49.

47 Ibid., 379th meeting, par. 4.

48 Ibid., 376th meeting, par. 39.

49 Ibid., 375th meeting, par. 47.

50 Ibid., 372nd meeting, par. 23.

51 Ibid., 378th meeting, par. 27.

52 Ibid., 371st meeting, par. 5.

53 Ibid., 374th meeting, par. 24.

54 They included those of Sweden, ibid., 373rd meeting, par. 6; Norway, ibid., par. 27; Greece, ibid., 375th meeting, par. 7; Turkey, ibid., 376th meeting, par. 11.

55 Peru, ibid., 378th meeting, par. 37.

56 Ibid., 374th meeting, par. 12.

57 Ibid., 375th meeting, par. 16.

58 U.N. Doc. A/C.3/L.305.

59 General Assembly, 8th Sess., Official Records, 6th Committee, 371st meeting, pars. 11–15.

60 Ibid., 373rd meeting, pars. 3, 42.

61 Ibid., 372nd meeting, par. 9.

62 Ibid.

63 Ibid., par. 17.

64 Ibid., 374th meeting, par. 6.

65 U.N. Doc. A/C.6/L.306/Rev.2.

66 U.N. Doc. A/C.6/L.307. This amendment also called for the deletion of operative paragraphs 2 and 3 of the six-Power draft resolution.

67 Among them were those of Colombia, General Assembly, 8th Sess., Official Records, 6th Committee, 376th meeting, par. 8; France, ibid., 377th meeting, par. 31; Mexico, ibid., 378th meeting, par. 2.

68 Among them were those of Honduras, ibid., 376th meeting, par. 36; Peru, ibid., 378th meeting, par. 36; Netherlands, ibid., 376th meeting, par. 46, 379th meeting, par. 6.

69 Ibid., 380th meeting, pars. 21, 22, 27, 28, 42. The elimination of the legislative history from the list of documents to be prepared and published by the Secretary General was proposed by Australia and the United Kingdom in a joint amendment (A/C.6/L.308/Rev.1) which was adopted by the Committee.

70 Ibid., 379th meeting, pars. 22, 23. Point 2 of the four-Power amendment (A/C.6/L.307) calling for the deletion of operative par. 2 of the six-Power draft resolution was adopted by 24 votes to 23, with 5 abstentions. Point 3 of the four-Power amendment calling for the deletion of operative par. 3 of the six-Power draft resolution was not put to the vote in view of the Committee's decision on operative paragraph 2.

71 Ibid., 380th meeting, par. 32. The substitute text for the preamble was rejected, in a roll-call vote, by 28 votes to 15, with 9 abstentions.

72 Ibid., 380th meeting, par. 37. The additional paragraph was proposed by Australia and the United Kingdom in their joint amendment (A/C.6/L.308/Rev.1).

73 Ibid., 380th meeting, par. 43. The vote on the draft resolution as a whole was 48 votes to 5, with no abstentions.

74 For the text of the resolution as adopted by the General Assembly, see U.N. Doc. A/Resolution/133 and Corr.1.