OURWAY

to PEACE
A STUDY OFTHE UNITED NATIONS CHARTER

ROBERT A. GRAHAM.SJ.

WILLIAM L.LUCEY.SJ.

• JAMES L.BURKE.SJ.

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OUR WAY TO PEACE
IN THE ATOMIC AGE

A STUDY OF THE UNITED NATIONS CHARTER

By

Robert A. Graham, S.
J.

Research Section, Institute of Social Order

With the Collaboration of

William L. Lucey, S.
J.

Professor of Diplomatic History

Holy Cross College

And

James L. Burke, S.
J.

Chairman, Department of History and Government

Boston College

AN AMERICA PRESS PUBLICATION



TABLE OF CONTENTS

1. HOW THE CHARTER CAME TO BE

2. WHAT IS THE UNITED NATIONS SUPPOSED TO DO?

3. RULES OF THE GAME

4. THE GENERAL ASSEMBLY

5. THE SECURITY COUNCIL

6. REGIONALISM’S CONTRIBUTION TO WORLD PEACE

7. REMOVING THE CAUSES OF WAR

8. TO END IMPERIALISM

9. THE INTERNATIONAL COURT OF JUSTICE

10. GENERAL PROVISIONS

1 1 . ADDING UP TO THE CHARTER

Text of the United Nations Charter

Imprimi Potest: Francis A. McQuade, S. J.

Provincial: New York Province

Nihil Obstat: Arthur J. Scanlan, S. T. D.

Censor Librorum

Imprimatur: Francis J. Spellman, D. D.

Archbishop of New York

Price, 25c



IN THE ATOMIC AGE 3

1 .

How The Charter Came To Be

We the peoples of the United Nations determined to save sue-

ceeding 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 (Preamble

of the Charter).

On June 26, 1945, after nine difficult weeks, the delegates to the

San Francisco United Nations Conference on International Organization

completed their work. The Charter had been drafted and approved

by each of the fifty nations represented. Ratification by the United

States, Great Britain, the Soviet Union, France and China, and by a

majority of the other signatory states was the only step that yet

remained before the Charter would become operative. y

Few were fully satisfied with the final form of the Charter,. Despite

the expressed determination to save succeeding generations from the

scourge of war, many, even among the delegates themselves, realized

that the document did not fully measure up to the desires and expecta-

tions of the peoples of all nations. Yet a Charter had been written, an

international organization had been launched; that in itself was a tri-

umph. It was the triumph of the clearly articulated conviction of the

vast majority of civilized peoples that there was no hope of outlawing

war or of a just and enduring peace until the natural community of

nations was effectively organized. In the preamble the Charter did

recognize its dependence upon that conviction. The delegates had been

constantly reminded, when mutual fears and distrust and selfish nation-

alism threatened to disrupt their work, that they must succeed in

making at least a start towards an organized community of nations.

For a better understanding of the Charter the roots of that conviction

are here briefly described.

Papal Call

The task of organizing the community of nations was from the start

a dismal prospect. Secularism had so sapped the strength of Western

civilization that the unity of the human race and dignity of man had



4 OUR WAY TO PEACE

become forgotten or derided realities. To a world deep in despair

and frustration came a call to the conscience of mankind to unite in

a program of reconstruction—reconstruction of the home, of national
life, of international order. In his Christmas Allocution of 1939

—

surely a time when few leaders were thinking of reconstruction—and
in six succeeding messages, Piux XII urged and encouraged all men

and all nations to rally to this generation’s greatest task.

He made clear what should be done. Nations and their leaders must

repudiate the game of power politics which generates wars by arousing

fear and distrust, must abandon the ways of state absolutism and cold

national selfishness which ignores or denies the moral order of rights

and obligations of nations as well as of individuals. Permanent inter-

national institutions were needed to assure all nations, great and small,

their right to life and independence; governments, too, which would

guarantee the fundamental rights of every human person and which

would restore the integrity and vitality of the family as the basic unit

of civil society.

He made clear that the task was a compelling one. “There lies on all

states and nations,” he said at Christmas of 1944, “the duty of doing

everything to ban wars of aggression, once and for all time, as legiti-

mate solutions of international disputes and as a means of realizing

national aspirations.” That duty, he added, “brooks no delay, no

procrastination, no hesitation, no subterfuge.” And elsewhere he em-

phasized vigorously: “If ever a generation has had to appreciate in

the depths of its conscience the call, ‘War on war,’ it is certainly

the present generation.”

After the Papal Call

In England shortly after the first Christmas Allocution of 1939, the

Anglicans joined with the Catholics of England in accepting the Five

Points as the moral basis of a new world order. In the United States,

the Federal Council of Churches put forward their “Pillars of Peace,”

a program calling for the restoration and practical recognition of

morality in national and international life. These separate efforts

culminated finally in the Catholic, Jewish and Protestant Declaration

on World Peace
,
issued on October 7, 1943.

Scholars and members of the learned professions, encouraged by

the Department of State, directed their studies to the fundamentals

and the machinery of a workable international organization. Among

these groups was the Commission to Study the Organization of Peace,



IN THE ATOMIC AGE 5

whose recommendations may be taken as typical. Its Fourth Report,

issued in November of 1943, contained suggestions on the prevention

of aggression by a sound system of collective security, on the Court as

the supreme judicial tribunal, on economic and social collaboration

among nations, on colonial trusteeships, on regional organizations and

the control of armaments.

Isolationism Loses Ground

In short, it was gradually becoming clear that if anything was to be

salvaged from the ghastly expenditures of human and material values

in the war, some progressive, systematic and world-wide program was

needed to put the world back on an even keel and to prevent future

crises. Gradually the traditional antipathy of Americans to world

organization began to relax.

By the fall of 1943 public opinion had sufficiently crystallized to

permit the State Department to assume a more active leadership in

formulating plans for an international security organization. In

September of this year the Post-War Advisory Council of the Re-

publican Party, with cautious phrases, had recommended “responsible

participation by the United States in cooperative organization among

sovereign nations to prevent military aggression and to attain perma-

nent peace with organized justice in a free world.” Congress readily

acknowledged the trend of opinion when the Fulbright Resolution on

September 21, and the Connally Resolution on November 3, each sup-

porting American participation in a general international organization,

were passed with virtual unanimity in the House and the Senate.

Strategy of a Realistic Approach

How were the responsible officials of this country to go about the

task of bringing about such an international system? For various

reasons it was accepted that the initiative would have to come from

the United States and not from Great Britain or Russia. From the

beginning it was realized that nations, the major Powers particularly,

were not ready to make the sacrifice of sovereignty involved in a strong

international government. A super-state with its own police force and

other paraphernalia of coercive power was ruled out from the start,

and the people were told so. From the beginning, too, it was realized

that unless the plan, both in its fundamentals and in its chief details,

had the support of all the major Powers it was doomed to failure

from the start.



6 OUR WAY TO PEACE

Secretary of State Cordell Hull reminded the nation of this fact

in a radio address of April 9, 1944. “It is obvious,” he said, “that

no matter how brilliant and desirable any course may seem it is wholly

impracticable and impossible unless it is a course which finds basic

acceptance, not only by our allies but by the people of this country . .

.

A proposal is worse than useless if it is not acceptable to those nations

who must share with us the responsibility for its execution.” In

particular, no plan for world peace could subsist unless it could

count on the continuing unity of the successful wartime coalition of

the Big Three—the United States, Great Britain and the Soviet Union.
It was first necessary to discover whether these three Powers agreed

in desiring such an international organization, and then to discover

whether they could agree on further details. The first meeting of

minds took place at the Moscow Conference of Foreign Ministers,

late in October, 1943. The four Powers there represented (China was

included) recognized “the necessity of establishing at the earliest

practicable date a general international organization, based on the

principle of the sovereign equality of all peace-loving states, and open

to membership by all such states, large and small, for the maintenance

of international peace and security.”

A year later these signatories met at an estate in Washington,

called Dumbarton Oaks, to discuss a draft of the charter for such an

organization. It was the aim of the conferees at this time to discover

whether the four Powers could agree on a common draft. The go-

ahead signal which was flashed when the Dumbarton Oaks proposals

were released to the world meant that such an agreement had been

achieved. Subsequently at the Crimea Conference, San Francisco

was selected as the site of a United Nations Conference on International

Organization, and April 25, 1944 as the day of the opening session.

Invitations were sent to all the United Nations.

Improvements at San Francisco

The American public and the other United Nations were invited to

study the Dumbarton Oaks proposals with a view to their amendment

and improvement later at San Francisco. The invitation was taken

at its face value and the proposals were honestly and severely analyzed

and criticized. The American public was especially displeased with

the privileges and immunities which the major Powers awarded to

themselves. Criticism was leveled at the almost honorary functions of



IN THE ATOMIC AGE 7

the Assembly. Demands were made for wider scope given to removing

the economic and social causes of war, and for the promotion of

respect for human rights based on the dignity of man. A better

organization could be created and a better one was demanded. When

the delegates of the 46-odd United Nations got down to business at

San Francisco they were presented with a bulky document containing

a thousand pages of amendments, proposals and comments.

The United Nations Charter is considerably different, for the better,

from the Dumbarton Oaks draft proposals. This was the result that the

delegates at San Francisco could point to at the end of nine weeks.

Jan Christiaan Smuts, seventy-five years old and actively participating

in an organized effort among nations for the second time within

twenty-five years, said of the preamble composed by him and presented

to the Conference: “I think we should say in the very forefront of this

document that this was a human struggle, that this was a struggle for

the human person, for the soul of man, for the fundamental rights

which are basic to our civilization.” It is for the future to reveal

definitely whether the United Nations Charter is a worthy monument

of that struggle. For the present we can only examine the contents and

ideals of the Charter for the hopes and guidance they may inspire in

us. That is the purpose of the following chapters.

Topics for Discussion

1. “We are not thinking of a super-state,” said President Roosevelt as early

as June 15, 1944. He meant that the projected organization was not to have a

world legislature, world supreme court, world police force, in short it was not to

be a world government. Can you give reasons why this country did not even

attempt to plan a world government, or a world federation along the lines of our

own Federal Union?

2. At San Francisco there were present, as official consultants to the American

delegation, representatives of Catholic, Protestant and Jewish bodies. Contrast this

with the exclusion of religion at Versailles in 1919.

3. The preamble of the Charter differs from the following text in that it ex-

presses the motivation that led to the United Nations, while the remaining articles

express rules of conduct and the machinery for international peace. Discuss the

relation of motivation—the will to peace—to machinery. Is it true that a relatively
weak machinery supported by a strong will to peace is more effective than strong

machinery that stands idle for lack of sincere good will? Do you believe that

any organization can be successful if the members lack good faith and a sense

of justice?

4. When Secretary Hull said that any future organization must find basic

acceptance not only by our Allies but by the people of this country, he was

thinking; a) of public opinion, b) of the United States Senate. Explain why.



8 OUR WAY TO PEACE

[Article I]

2 .

What is the United Nations Supposed to Do?

When surveying the ground on which they wished to build the new

organization, the planners of the State Department saw before them

two obvious facts. One of these was the crying need of civilization for

some method of settling disputes peacefully and of removing the

causes of war. The other was the inveterate jealousy that every

nation has for its own liberty and independence.

Despite many “peace plans
5
’ evolved during the war by private

persons and groups, no serious thought was ever given to a world state

or world federation. However appealing such plans might seem in

the blueprint, they were in fact basically worthless, for practically

every one of them was based on the sacrifice of liberty and inde-

pendence of each state. This sacrifice, for good or for ill, the peoples

of the world were not yet ready to make. It will always be a matter

of sheer speculation whether the dropping of the atomic bomb on

Hiroshima would have provoked any change in the Charter of San

Francisco. Nor in fact is it by any means clear that world government

is the sole solution to the problem of war in the immediate coming

future.

Sovereignty Virtually Intact

At a very early stage, then, it was determined that the new organiza-

tion would not attempt to curtail the sovereignty of the Members.

The organization was to be based on the sovereign equality of all

its members, large and small. This is what President Roosevelt had

in mind when on June 15, 1944, he said: “We are not thinking of a

super-state with its own police forces and other paraphernalia oi

coercive power.” It was to be an international organization whose

purpose was to be the maintenance of peace and possessing adequate

resources to meet the needs of preventing war. It was not to be a

substitute for the national states, nor was it to take over the preroga-

tives of national states.

Unfortunately much of the criticism of the United Nations is based

on the mistaken assumption that the Organization is meant to do



IN THE ATOMIC AGE 9

what it can only do by supplanting the national states or in some

measure detracting from their sovereignty. Many of the shortcomings

of the United Nations arise from the unwillingness of the states to

surrender their traditional sovereignty. It is therefore unfair to blame

the Charter for making sovereign equality the starting point of its

objectives. The planners at Dumbarton Oaks and San Francisco had

to adapt the style of their edifice to the desires of the prospective

tenants. It could not be an architect’s dream.

The United Nations, therefore, cannot legislate, tax, pass judgment,

imprison or exercise other prerogatives of sovereignty whether over

individuals or over nations. It can only assist the national states to

solve common problems arising out of their common stake in peace.

It aims to provide effective machinery by which the member nations,

through joint and planned use of their military forces, shall be able

to stamp out the first sparks of aggression anywhere in the world.

But if it does not aim at interfering with sovereignty, it also intends

that this sovereignty should not express itself in terms detrimental

to international peace.

Purposes

How the United Nations Charter wants to 1) protect the sovereignty

of all member states, and also 2) prevent that sovereignty from being

a menace to world peace, becomes crystal clear from an analysis of

the Purposes enumerated in four paragraphs of Article 1 of the

Charter. Taken in reverse order the four Purposes (really five)

represent a rising ladder of difficulty in international collaboration,

ending with the application of military sanctions.

To Aid Coordination

a) Consultation and coordination is the minimum of international

collaboration. The United Nations is “to be a center for harmonizing

the actions of nations” for attaining the common ends of peace. Such

a “center” is obviously no threat to national sovereignty. Coordina-

tion is a recognized operation between independent groups to eliminate

duplication or to improve mutual effectiveness. But it is the first step

toward the solution of international issues. It contemplates both

political and non-political problems.

To Achieve Functional Cooperation

b
)
The next aim which the Organization puts before itself is achiev-

ing actual cooperation in solving such largely non-political problems



10 OUR WAY TO PEACE

as trade and commerce, currency, standards of living, human rights

and welfare. The expression “to achieve international cooperation”

used in the Charter is significant. It serves to emphasize the idea that

its function is to make the cooperation possible, not to give final

effect and form to that cooperation. The ultimate decision remains

with the individual Members. This action envisioned in this paragraph

of the Charter is often called “functional cooperation.” It consists in

the solution of specific technical or other non-political problems

through international agreements. The International Monetary Fund

and International Bank for Reconstruction and Development are an

example of this kind of “functional cooperation.” The Food and Agri-

cultural Organization is another. In both of these cases the final

decision, as in all functional cooperation, must come from the accep-

tance of the individual states.

To Promote Friendly Relations

c) A third and more difficult purpose of the United Nations lies

in the political field of international diplomacy. The Organization

aims “to develop friendly relations among nations based on respect

for the principle of equal rights and self-determination of peoples . . .”

The national honor and vital interest have always played a decisive

role in international diplomacy. As the Charter approaches this

delicate subject, it is careful to add assurances of respect for the

equal rights of nations and their independence. Here will come con-

ferences and agreements for armaments control, the development of

the international law of war and peace, as well as other issues directly

connected with the security and rights of nations.

To Settle Disputes

d) This activity in the political field is exercised most especially

in the settlement of disputes between nations. The United Nations is

meant “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 peaee.” Here is question not of developing good relations generally

as in c

)

but in helping to settle specific disputes which demand a

prompt and definitive remedy. As to the manner in which these dis-

putes are to be settled, only general terms are given. But the Charter

envisions settlements 1) by peaceful means , and 2) in conformity with

the principles of justice and international law.



IN THE ATOMIC AGE 11

To Prevent and Remove Threats to the Peace

e) We are already in the field of political objectives, always the

arena of intense national jealousy. The climax is reached when the

United Nations asserts that its purpose is to see that national sovereignty

shall not express itself in terms detrimental to international peace. It

intends “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.”

The expression “effective collective measures” is in fact the key to

the spirit of the whole Charter. The United Nations is primarily a

security organization. It is to be endowed with adequate power to

prevent war. “Effective” measures, in- the mind of the framers of

the Charter, meant three things: 1) promptness of action, 2) certainty

of action, and 3) decisiveness of action. This promptness, certainty

and decisiveness were to be the chief deterrent to any potential aggres-

sors. It might even be said these qualities are the ultimate motivation

for the nations to cooperate in achieving the other ends of the Organ-

ization, since they make any adventure into aggression a hazardous

policy.

No Delays That Favor the Aggressor

In connection with the effectiveness of the measures which the United

Nations is designed to take, it is pertinent to note that, whereas the

peaceful settlement of disputes described under d) must be done in

conformity with the principles of justice and international law, no such

limitation is appended to the process of “effective collective measures.”

This does not mean that the United Nations can take action in dis-

regard of all rules of right and equity, but only that no special due

process is envisioned. The action taken under this head is regarded

like the function of an administrative tribunal exercising justice,

summarily but not in substance arbitrarily or unreasonably. In the

event of an act of aggression, procedural delays would favor only the

aggressor.

Only the peaceful processes of settling disputes, therefore, are to be

treated “in conformity with the principles of justice and international

law,” in the sense explained. This interpretation is no quibble. At

San Francisco, the Egyptian delegate sought to place the phrase so

as to modify “effective collective action.” The major Powers opposed

this amendment on the score that it would prevent really effective

action. Said Lord Cranborne on that occasion: “The present placing



12 OUR WAY TO PEACE

of these words . . . insures in the first place that the actual business

of maintaining peace and preventing the guns beginning to go off

should not in any circumstances be delayed.” Harold E. Stassen,

American delegate, supported the objection by contrasting the duties

of the policeman, whose function is to suppress breaches of the peace

as soon as they occur, and that of the jury, which hears the evidence.

The United Nations needs a policeman, as well as a judge and jury.

The United Nations, whose Charter was drawn up at San Francisco,

is an Organization for the promotion of international peace and

security. In simple language, it aims to abolish war and its causes. It

does not attempt to alter the political structure of the world by the

creation of world or federal government. It rather aims to create

for the national states the best facilities for cooperating with each

other in the fulfillment of their common hopes. It does not take from

the states responsibility for the advancement of human welfare, ex-

cept indeed as the existence of peace between nations is the basic

condition of all human welfare. How these purposes are implemented,

and whether they are realized effectively or laudably, is the burden of

later chapters.

Topics for Discussion

1. “It was very difficult, practically impossible, to draw a sharp and clear-cut

distinction between what should be included under Purposes, Principles, or

Preamble,” said the Committee at San Francisco. The “Preamble” sets forth the

declared common intentions which brought the conferees together. The “Purposes”

constitute the raison d’etre of the Organization, the cause and object of the

Charter. The “Principles” are the methods and regulating norms according to

which the Organization and its Members shall do their duty and endeavor to

achieve their common ends. All three have equal legal validity, but the Chapter

on Purposes is the key one. What are the five Purposes of the United Nations?

2. On examining the whole of Article 1 is it not clear that the national state

continues to be the chief unit of international relations? Do you discern any

intent to take over the prerogatives of sovereignty? Do you regard the unimpaired

sovereignty of the national state as a weakness of the Charter, or a strong point?

Give the reasons for your conclusion.

3. Consultation and coordination is the most elementary type of international

collaboration. It can be had without an organization. What then does the United

Nations provide by way of improvement in this respect?

4. What organ of the United Nations is especially charged with the duties of

achieving international cooperation of the type mentioned in paragraph 3?

5. “The Committee understands that the principle of equal rights of peoples

and that of self-determination are two complementary parts of one standard of

conduct; [and] ...that an essential element of the principle in question is a free

and genuine expression of the will of the people which avoids cases of the alleged



IN THE ATOMIC AGE 13

expression of the popular will, such as those used for their own ends by Germany

and Italy in later years.” Apply this official commentary to specific bogus plebi-

scites which have taken place in Europe.

6. Referring to article 1, paragraph 1, the Committee explains why “justice”

was left out in the first part: “Adding justice after peace and security brings in

at that juncture of the text a notion which lacks in clarity, and welds it together

with the more clear and almost tangible notion of peace and security.” Why is

“justice” a notion that “lacks in clarity?” Why is “peace and security” an

“almost tangible notion?”

7. The Committee continues: “The concept of justice and international law can

thus find a more appropriate place in context with the last part of the [first]

paragraph dealing with disputes and situations. There, it can find a real scope

to operate, a more precise expression and a more practical field of application.

There was no intention to let this notion of justice and international law lose

any of its weight or strength, as an over-ruling norm of the whole Charter.” Is

this point well-taken?

8. Article 24, paragraph 2, states that the Security Council is obliged to act

“in accordance with the Purposes and Principles of the United Nations”. Discuss

the way in which this provision will work to control the big Power domination

of the Council. Is it true to say that the Security Council can act against the

intent of those who signed the Charter?

9. One of the improvements over the Dumbarton Oaks proposals was the inser-

tion of the promotion and encouragement of human rights and fundamental free-

doms as one of the Purposes of the Organization. In other words, human rights

is not regarded now as merely an incidental of international relations, but is one

of the key reasons for which the United Nations was founded. Discuss the sig-

nificance of this change.



14 OUR WAY TO PEACE

[Articles 2-6]

3 .

The Rules of the Gome
After the declaration of Purposes of the United Nations there follows

a series of seven Principles. These paragraphs are not meant to be

merely ideals. They are working rules to guide the United Nations. It

is in these working rules that the moral relevance of the Organization

comes more sharply into view. Four particularly striking concepts

ruin through these principles.

Sovereign Equality

Rights of States

The United Nations is based on the “principle of the sovereign

equality of all its Members.” Sovereign equality, according to the

official interpretation of the Committee which elaborated this section

at San Francisco, embraces: a) the juridical equality of states;

b) respect for the juridic personality of the state; c) respect for

the territorial integrity and political independence of the state.

Sovereign equality does not mean equality which disregards the

material, political or economic differentiations among nations. It

is rather an equality based upon the juridical status of the nation.

In the first point of his Christmas Allocution of 1939, the Holy

Father spoke of assuring “to every nation, large and small, powerful

or weak, its right to life and independence.” In other words, before

the bar of justice all nations are equal. The life of a state is its

juridical personality. This life cannot be snuffed out nor can a

state be deprived of the prerogatives of its existence—its territorial
integrity and its freedom from subservience to another state—without
injustice.

Rights of International Community

Sovereign equality is a safeguard of justice. Nothing was clearer at

San Francisco, however, than the determination that the rights and

independence of individual states should not be asserted at the ex-

pense of international order. The international community has rights,

too. The delegates felt that it was little short of futility to further

accentuate divisions among the nations at the moment when the crying



IN THE ATOMIC AGE 15

need was for reducing divisions. The League of Nations learned

what damage could be done to peace by exaggerated leeway given to

nationalism and self-determination. Much of Europe’s chaos could be

laid at the door of such divisiveness. It can be safely predicted that

nationalism and its concomitant, the self-determination of nations,

will undergo considerable deflation in coming decades. So also the

concept of sovereign equality will not be interpreted in a sense that

will deprive the United Nations of its cohesion and its right to regulate

international affairs in the interests of world order.
1

Domestic Matters

Closely connected with the principle of sovereign equality is another

principle which states that the United Nations is not authorized to

intervene in matters which are essentially within the domestic jurisdic*

tion of any state, “or to require the Members to submit such matters

to settlement,” except where the application of enforcement measures

to maintain peace is at issue.

This prohibition is actually just a precautionary statement and does

not add anything substantial to the principle of sovereign equality.

But in view of the wide scope of action given to the United Nations,

particularly in social and economic matters, it was necessary to make

assurance doubly sure that treasured national policies, such as immi-

gration or labor standards, or cultural or educational customs should

not become the object of international pressure. It contains a rule

and an exception, both of which are proper to an international organi-

zation. Stated positively, the principle means 1) that each state retains

entire liberty of action in matters essentially internal, and 2) that

the United Nations may intervene nevertheless in matters affecting

the application of enforcement measures.

Good Faith
Each Member undertakes to fulfill its obligations “in good faith.”

In the second point of his 1940 Christmas Allocution, Pius XII called

for a return to “fidelity in the observance of agreements.” Treaties

must be kept. The collapse of the treaty system and the decline, of

faith in the pledged word of nations was at the bottom of the collapse

of international morality that preceded World War II.

The diplomat responsible at San Francisco for the insertion of

1 Not only the Ukrainian S.S.R. and the White Russian S.S.R. are full-fledged Members
of the United Nations, but also India, Syria and Lebanon. Yet none of these could be regarded
as having sovereign independence in the usually accepted sense. The Charter uses the 'term

"Member” whenever possible, in preference to "state.” Here is a problem for the political
scientist.



16 OUR WAY TO PEACE

this phrase, Senor Jesus Maria Yepes, of Colombia, pointed out that

this phrase is an attack on the false political philosophy which makes

the interests of the state, whether legitimate or not legitimate, the

supreme moderator of international life. “For that school good faith

does not count,” he said on June 15, “It did not count for Bismarck,

the Iron Chancellor, who said that all international treaties constituted

just a provision of a short duration and that it was limited by the

interest of the state itself ... Was it not the authentic successor of

those princes of bad faith who coined that cynical phrase: Right is

what is useful to my German people? The United Nations must

react against such inadmissible concepts and must proclaim that

international life requires a minimum of morality as a norm of con-

duct for peoples.” This minimum of morality is fidelity to the pledged

word. As Westlake, the great English jurist, has said: “Good faith

is the great moral ligament which binds together the states of the

world in a system of law.”

Renouncing the Use or Threat of Force

Power politics is the use of force or threat of force to achieve

national policy. In the Charter of the United Nations a sincere and

explicit effort is made to abolish the use of force in international

relations, or at least to channel it into a legitimate course. In the

words that have been a recurring theme in Papal utterances since the

days of Benedict XV, “the moral force of right must be substituted

for the material force of arms.”

The Members accept the obligation to settle their international dis-

putes by peaceful and just methods, and “to refrain in their inter-

national relations from the threat or use of force against the territorial

integrity or political independence of any state, or in any manner in-

consistent with the Purposes of the United Nations.” If these pledges

are carried out, then obviously there will be an end of war. It is

the task of the United Nations to see that they are carried out. Right

here is the legal justification of the enforcement measures which the

Security Council is empowered to take against all disturbers of world

peace.

It should be noted that the international disputes of Members are

to be settled in such a way that not only peace and security, but also

justice, are not endangered. It will not be peace at any price. This

rules out any possible notion on the part of the big Powers that peace

and security can be maintained without regard for justice. This feature



IN THE ATOMIC AGE 17

of the Charter was inserted on the insistence of the small states who

know from experience that the big Powers have the habit of sacrificing

the small countries in order to preserve peace among the large ones.

This happened, for instance, when Britain and France agreed to the

German seizure of the Sudetenland. Other instances easily come to

mind.

Collective Help

End of Neutrality

Another theme close to the heart of Pius XII is the solidarity of

the human race and our need to help each other as brothers of one

family. In the Charter each Member undertakes “to give the United

Nations every assistance in any action it takes in accordance with the

present Charter,” and to refrain from giving “assistance to any state

against which the United Nations is taking preventive or enforcement

action.” Even non-Members are liable to action to ensure that they

do not impede effective action.

Such a principle means that the former idea of neutrality has under-

gone substantial change, as regards both Members and non-Members

of the United Nations. It reflects the idea that international peace is

a concern of all, and no nation may hold itself aloof in maintaining

the peace of the world. No Member or non-Member may any longer

invoke neutrality in order to avoid contributing its share to the mainte-

nance of peace. For instance, should Germany again become an

aggressor, Sweden, even as a non-Member, would not be permitted to

ship lumber or steel to Germany. If she insisted on her title as a

neutral, Swedish ships or ports could be bombarded on the authority

of the Security Council, to prevent such aid being sent to a nation

against which enforcement action is being taken. In like manner

member states are obliged to contribute positively to the action of the

Security Council. In a truly international community there can be

no neutrality.

Membership Dispute

Not unrelated to the problem of the solidarity of the human society

is the question of membership in the United Nations. In their State-

ment of November 16, 1944, the Bishops said, “The international in-

stitution must be universal. It must seek to include, with due regard

to basic equality of rights, all the nations, large and small, strong

and weak.”



18 OUR WAY TO PEACE

There is an international community to which all nations belong

whether they realize it or not, whether they wish it or not. The

sooner the United Nations counts all countries within its fold the

better it will be for the cohesion of the Organization. If the United

Nations remains merely a continuation of the victorious war-time

coalition, excluding the defeated Axis members and also those states

which chose to exercise their then existing neutrality rights, there

will be doubt as to the genuine right of the Organization to speak

in the name of the whole international community. Doubt and dis-

loyality will begin to gnaw at the heart of the United Nations. It will

lose that inner strength of conviction in the nobility of its own cause.

This was the catastrophe that befell the League of Nations.

It was a view strongly stressed by many delegations at the San

Francisco Conference that membership in the United Nations should

be universal. This means particularly that there should be no pro-

visions either for expulsion or withdrawal. After considerable debate,

however, it was agreed that the right of withdrawal should be left

implicit, but that the Organization should have the power to expel

a Member which has “persistently violated the Principles contained

in the present Charter.” It was felt that the Organization should have

the power of disciplining its members, including the extreme sanction

of expulsion.

Peace-Loving States

When a state applies for membership (which is effected by a decision

of the General Assembly upon the recommendation of the Security

Council) it must accept the obligations contained in the Charter and,

moreover, must be able to convince the Organization it is “able and

willing to carry out these obligations.” (Art. 4) E.g., the applications

must show evidence of their willingness to abandon their rights of

neutrality and to bear their share in enforcing peace. Also, by their

national institutions and domestic policies give evidence that they are

fundamentally peace-loving and not likely to make world conquest

a national mission.

Topics for Discussion

1. Edward Hallett Carr has written that the expression “sovereign equality of

all peace-loving states” must be regarded as evidence “either of a high degree of

political simplicity or of a scarcely less discouraging readiness to pander to

popular superstition.” In the modern world dominated by a few great Powers

what can be the true meaning of sovereign equality?



IN THE ATOMIC AGE 19

2. “Each sovereign nation, large and small, is in law and under law, the equal

of every other nation. The principle of sovereign equality of all peace-loving

states, irrespective of size and strength. . .will be the foundation stone.” Are

these words of Cordell Hull verified in the Principles of the Charter? How can

they be reconciled with the privileged position of the great Powers in the Security

Council?

3. States have obligations to the world community. Discuss how the threat of

the atomic bomb serves to emphasize these obligations, as against the right of

national sovereignty.

4. Discussing “good faith,” Lord Cranborne said at San Francisco, “We were

faced, in the years before the war, with the spectacle of one great nation, Ger-

many, which made breaches of faith the basis of her whole foreign policy, and

who used each successive repudiation of her pledged word as a jumping off place

for further aggression and infamies.” Can you list the events referred to?

5. The emphasis in this Chapter on Principles is the pacific settlement of dis-

putes. Compare the procedure of the Security Council (Art. 33-38) to see how

this is applied.

6. Joseph Paul-Boncour, delegate of France, said that “participation in the

Organization implies commitments which are incompatible with a neutral state.”

Verify this by specific instances in the Principles.

7. Examine Article 2, paragraph 2, for its relevance on the solidarity of the

international community. “The paragraph,” says the Committee report of the

San Francisco Conference, “means also that if all Members of the Organization

fulfil their obligations, all Members receive the benefit. Thus, the non-fulfilment

of the duties and obligations by one state deprives not only that state but all

the others, of some of the benefits.”

8. In supporting the idea of universal membership, excluding no states what-

ever, the Venezuela delegation said that “politically, the best way of controlling

dangerous states is precisely to include them in the membership of the Organiza-

tion... and subject them as Members thereof to all the necessary conditions of

vigilance and prevention.” Can you suggest some way by which a dangerous

state could be better controlled as a Member than as a non-Member?

9. An interpretative commentary on Art. 4, paragraph 1, relating to admission

of new Members, states that it does not apply “to the states whose regimes have

been established with the help of military forces belonging to countries which

have waged war against the United Nations, as long as those regimes are in

power.” The intent of this interpretation, which was accepted by the Conference,

was to exclude the Franco government of Spain. The Spanish reply that this

cannot apply to the Franco regime. What do you think of the interpretation?

What do you think of the Spanish reply?

10. An official statement of the Conference says: “The highest duty of the

nations which will become Members is to continue their cooperation within the

Organization for the preservation of international peace and security. . .Yet it is

not the purpose of the Organization to compel that Member to continue its co-

operation in the Organization.” Discuss: a) The duty of the United States to

remain an active Member of the United Nations; b ) The circumstances which

would make our withdrawal from the Organization legitimate.



20 OUR WAY TO PEACE

[Articles 7-22]

4 .

Ill© ©eeierce! Assembly

Functions and Powers

The Charter establishes five principal organs. These are: the

General Assembly, the Security Council, the Economic and Social

Council, the Trusteeship Council, the International Court of Justice,

and the Secretariate.

The most representative organ of the United Nations is the General

Assembly. In its activities each Member of the United Nations has

one vote, though a Member may send from one to five delegates.

Meetings are to be held annually or oftener at the request either of a

majority of the Members or of a vote of the Security Council. In all

of the voting done in the Assembly, there is never any question of

special prerogatives for any Member. Each Member has one vote and

the vote of no special Member is needed to constitute the required

majority.

Rarcefiosi) in Maintaining Peace

The General Assembly has legislative power in the sense that after

discussion it may formulate recommendations for acceptance by the

appropriate parties. Since the task of maintaining international peace

and security is the special prerogative of the Security Council, the

activity of the Assembly in this matter is somewhat curtailed. It may

discuss and formulate principles of cooperation in the maintenance of

international peace and security. These principles will include those

concerning disarmament, the specific rules on which are the preroga-

tive of the Security Council.

As to specific questions relating to the maintenance of international

peace and security, brought before it by the Security Council or by

Members and even non-Members, the General Assembly is authorized

both to discuss and to formulate general recommendations by a two-

thirds vote. These recommendations may be made to the Members

involved or to the Security Council or to both. This power is always



IN THE ATOMIC AGE 21

subject to the proviso that the recommendations shall not be made

when the Security Council has the same situation under consideration.

Also, without going so far as to make specific recommendations, the

Assembly is free to point out these troublesome situations to the

Security Council by a majority vote.

Power Over Dangerous Situations

A second category of cases in which the Assembly is authorized

to act are situations “regardless of origin,” deemed likely to impair

the general welfare or friendly relations among nations. (Art. 14).

This provision covers agreements among states that are obsolete and

fraught with potential danger, as well as those that are clearly un-

conscionable. Because action on such situations, which need corrective

measures, might be ignored or vetoed by the Security Council, the

Assembly is authorized to make recommendations on them to the

parties involved. These recommendations are reached by majority

vote.

Power to Promote Internationa! Welfare

Where immediate or proximate danger to international peace and

security is not involved, the Assembly is less restricted in its authority

to discuss and formulate international agreements. It may discuss

and make recommendations on “any question or any matter within

the scope of the present Charter or relating to the powers and functions

of any organs” of the United Nations (Art. 10). Here, as elsewhere,

recommendations are to be held in abeyance if the Security Council

is actually considering, in accordance with the functions assigned to it,

the same specific problem.

To clarify what this broad power of recommendation implies, the

Charter indicates that the Assembly is to study and to make recom-

mendations which will promote international cooperation in political

matters, and to aid in the development and codification of international

law. While the Assembly is also given similar authority in the field

of economic, social, cultural, educational, humanitarian and trusteeship

activities, it is furnished with both the Economic and Social Council

and the Trusteeship Council as instruments for the discussion and

formulation of proposals in those matters. Decisions in the Assembly

on these problems are by majority vote.

Role in Amending Process

Akin to this last function is the task of formulating, by a two-thirds



22 OUR WAY TO PEACE

vote, amendments to the Charter. Likewise similar is the right to

call, by a two-thirds vote a special convention to review the provisions

of the United Nations charter (Art. 109). This action of the Assembly

must also be agreed upon by a vote of any seven members of the

Security Council. If this convention has not been held before the

tenth annual session of the Assembly, it may be voted for in the Assem-

bly by a mere majority vote. But seven votes are still required for the

coordinate action in the Security Council.

Service Agency

Another important aspect of the work of the Assembly is service

and supervision. The Assembly is a service agency inasmuch as it

elects by a two-thirds vote the members of the Economic and Social

Council, the non-permanent members of the Security Council and the

added members of the Trusteeship Council. Separately from the

Security Council it also chooses the judges of the International Court

of Justice, by a majority vote.

Supervisory Authority

By a two-thirds vote, in its supervisory capacity, the Assembly

admits new Members of the United Nations, suspends or expels

Members, and may permit voting in the Assembly by a Member which

can present adequate explanations in case of arrears in payment of its

financial obligations to the Organization. Another aspect of the super-

visory work consists in deciding, again by a two-thirds vote, on bud-

getary matters.

The Assembly receives and considers annual and special reports

from the Security Council. These reports must include an account

of the measures decided upon or taken by the Council to maintain

international peace and security. The Assembly also receives reports

from the other organs. It has responsibility for the functions of the

Organization set forth in Articles 55 to 60, in reference to economic

and social cooperation. It examines the administrative budgets of the

specialized agencies, with a view to making recommendations to these

agencies.

Estimate of the General Assembly

In a dynamic world community in which there is more and more

need of agreement upon rules, it is imperative that there be a perma-

nent international body in which these international regulations can



IN THE ATOMIC AGE 23

be formulated in an opportune and satisfactory fashion. As long

as the United Nations is an organization of sovereign states, this

necessary international organ will not legislate directly, i.e., its determ-

inations will not be automatically effective on member states. It will

merely be a body capable of formulating draft proposals for later

acceptance by the member states. In the Assembly, the need for such

a permanent international drafting body has been met.

Theoretically such a drafting group would interest itself in pro-

posals not merely of political matters, but also of those that are

economic and social. For reasons gleaned from the experience of

the League of Nations, the Assembly has been provided with a special

Economic and Social Council to draft proposals in those fields. The

Assembly will concern itself with those topics that are political,

among which is the codification of internatinal law.

Lacuna

There is a curious lacuna in the Charter’s provisions about the

formulation and later ratification of these draft proposals. When

the Assembly and the Security Council formulate proposed amend-

ments to the United Nations Charter, it is made explicit that these

amendments come into force for all Members of the United Nations

when adopted by two-thirds of the Members, including the Big Five.

But no similar provision is made for the coming into force of draft

proposals.

It might be advantageous if all such draft proposals were binding

on all Members once they are ratified by a majority or a special

majority. Even if this situation is not to obtain, and if the draft pro-

posal is to be binding only on the ratifying Members, it is unfortunate

that there is no clause in the Charter indicating how many states must

ratify a draft proposal of the Assembly before it is binding even on

the ratifying states. One must conclude that a provision such as this

last one will be contained in each separate draft proposal. It would

be preferable to have this matter written explicitly into the Charter.

Peaceful Change

Another important need of the international community is a body

to deal with shorter range problems where change in status is required

because some specific treaty provision is obsolete or unconscionable.

To make provisions for such modifications in treaties was one of the

explicit reasons why Pope Pius XII favored international collaborative

institutions.



24 OUR WAY TO PEACE

There was much discussion at San Francisco about vesting in the

Assembly power to deal with every and any situation likely to impair

the general welfare or friendly relations among nations. It was finally

determined to allocate to the Assembly power to deal with any

situation regardless of origin , and to make this power not merely that

of discussion but also of recommendation. It is not, however, made

explicit to whom this recommendation may be made, but it may be

assumed from similar passages elsewhere that it is to the interested

parties, or to the Security Council or to both.

This power of discussion and recommendation about critical situa-

tions permits the Assembly, where there is no possibility of veto, to

serve as an international forum and even as a sort of international

mediation body. There is, however, no authority in the Assembly to

see that its recommendation brings about a peaceful change in the

obsolete or unconscionable treaty agreement. If matters worsen, the

role of the Assembly is finished, and the problem devolves upon the

Security Council.

Assembly and Catholic Principles

In speaking of the General Assembly in their statement of April

14, 1945, the Archbishops and Bishops of the Administrative Board

of the National Catholic Welfare Conference criticized the Dumbarton

Oaks proposals because “the functions of the General Assembly are

too restricted.” They expressed the hope that “the Security Council

will be made more responsible to the General Assembly and, in time,

will become merely its Executive Committee.”

In the Charter’s final form the functions of the Assembly have been

clearly widened. Instead of the vague authorization to adjust situations

likely to impair the general welfare, Article 14 of the Charter, as

previously explained, authorizes the Assembly to “recommend meas-

ures for the peaceful adjustment of any situation, regardless of origin,

which it deems likely to impair the general welfare or friendly rela-

tions among nations, including situtations resulting from a violation

of the provisions of the present Charter setting forth the Purposes and

Principles of the United Nations.”

In the Dumbarton Oaks proposals the Assembly was permitted to

make recommendations to promote international cooperation in polit-

ical, economic, and social fields. Article 13 of the Charter makes this



IN THE ATOMIC AGE 25

authority more specific. Studies and ^recommendations may be made

for the purpose of

:

a. promoting international cooperation in the political

field and encouraging the progressive development of inter-

national law and its codification

;

b. promoting international cooperation 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.

Article 10 of the Charter vests the Assembly with a new power

to discuss any questions or any matters within the scope of the

Charter or relating to the powers and functions of its organs. To

this power of discussion is added the authority to make recommenda-

tions about them to the Members of the United Nations, to the Security

Council, or to both. Another new power given to the Assembly at the

San Francisco Conference is its role in the matter of trusteeships,

which is explained elsewhere.

As originally planned, the Assembly would receive and consider

annual and special reports from the Security Council. It is now

provided that these reports are not to be mere jejune accounts but are

to supply information about the measures that the Security Council

has decided upon to take to maintain international peace and security.

Final Judgment

In many ways the Assembly will always be second to the Security

Council since the whole framework of the United Nations supposes

that the maintenance of international peace and security is the special

prerogative of the Security Council. If the Assembly is to be judged

fairly, it must not be judged as to its lesser authority in that area of

international life, but on its power to formulate for the Members of

the United Nations draft proposals on matters not immediately threaten-

ing international peace and security, but calculated to make inter-

national living such that there are fewer and fewer jeopardies to

international peace and security. If this is the real power given to

the Assembly in Articles 10 and 13, then the present Charter has made

a notable advance in the organization of the international community.



26 OUR WAY TO PEACE

Topics for Discussion

1. In its favorable report the Senate Committee on Foreign Relations had this

to say about the General Assembly: “The General Assembly will not be a legis-

lative or lawmaking body. The General Assembly, nevertheless, will be an im-

portant forum where the public opinion of the world may be brought to bear

effectively upon any matter within the scope of the Charter or which relates to

the powers and functions of any of the organs provided for in the Charter.” It

will be, in effect, the “town meeting of the world.” Discuss the role of the

Assembly as an effective forum for world opinion, despite its lack of lawmaking

power.

2. The same report has this comment on peaceful change: “The powers of the

General Assembly and those of the Security Council, backed in the first case by

the Assembly’s prestige as the forum of the United Nations, and, in the other by

the Council’s position and particularly by the unity of the five permanent mem-

bers, affords grounds for believing that, where called for, change may be brought

about peacefully under the aegis of the United Nations. Discuss whether the

Papal program for a system of peaceful change is fulfilled in this instance.

3. One critic wrote of the original Dumbarton Oaks proposals that the proposed

Organization “cannot legislate on serious problems. . .has nothing to administer...

cannot enforce anything. . .” With the provisions of Article 14 in mind, do you

believe this criticism is still valid in the improved Charter?

4. One of the improvements introduced into the Dumbarton Oaks proposals at

San Francisco was to authorize the General Assembly to encourage “the progres-

sive development of international law and its codification.” Discuss the importance

of this provision for creating a truly juridical international order.

5. To what extent is the Security Council accountable to the General Assembly?

Read Articles 10 and 15 carefully in this connection.

6. To what extent is the Security Council not accountable to the General As-

sembly? Read Articles 12 and 24 with reference to the primary responsibility

conferred on the Council in order to ensure prompt and effective action.

7. The General Assembly is the most representative and democratic organ of

the United Nations, from the point of view of membership and voting procedure.

Can you give additional reasons why the Bishops in their statement of April 14

expressed the hope that “the Security Council will be made more responsible to

the General Assembly?”



IN THE ATOMIC AGE 27

[Articles 23-50]

5 .

The Security Council

Description

Membership, Responsibilities and Procedure. (23-32)

The Security Council is the organ of the United Nations responsible

for the maintenance of peace. This Council, composed of five perma-

nent members (the United States, Britain, Russia, France and China)

and six other members elected by the Assembly for a two year period

of service, acts in the name of the United Nations in discharging its

primary responsibility of maintaining peace and security. The Council

is, however, duty bound to act in accordance with the purposes and

principles of the Charter and to submit annual reports of its activities

to the Assembly. The Assembly, on the other hand, is not free to elect

the non-permanent members of the Council at random; due regard

must be observed for geographical representation of the Members of

the Organization and the ability of the Member to contribute to this

organ’s primary responsibility—the keeping of peace by force if need
be.

Each member of the Council is entitled to one representative and

one vote in its deliberations; although it must function continuously,

meetings may be held at any place the tide of events warrants and a

member of the Council may be represented by some one other than

the regularly designated person.

Decisions on matters of procedure (Art. 28) are made by the consent

of any seven members, while other decisions are made by a majority

of seven which includes the affirmative vote of all five permanent

members. Each of the permanent members, then, has a veto in non-

procedural decisions. There are a few exceptions to the use of this

veto; it can not be used in the pacific settlement of a dispute by a

permanent member that is a party to that dispute (Art. 27), and in

the election of a judge of the International Court of Justice.

Pacific Settlement of Disputes. (33-38)

International disputes must be settled peacefully and justly. All

nations accept this obligation of joint, just and peaceful settlement of

their international disputes and differences, and the Big Five are not



28 OUR WAY TO PEACE

exceptions; they accept this obligation along with all other members.

Parties to disputes must settle their differences among themselves by

any peaceful method of their choice: negotiation, inquiry, mediation,

conciliation, arbitration, judicial settlement or resort to regional

agencies .
1

Any dispute endangering international peace and security ceases to

be the exclusive concern of the immediate parties involved, and

accordingly any Member of the United Nations can call such a dispute

to the attention of the Security Council or the Assembly. However,

if the Council has taken cognizance of the situation the Assembly

cannot act by making any recommendations on the situation.

Any unsettled dispute or situation that threatens the peace is the

proper concern of the Security Council. If the parties are unable to

settle it peacefully themselves, the dispute must be referred to the

Council, but the Council need not wait until the parties refer the

dispute to them. It may investigate any dispute to discover whether

its continuance endangers the peace; it may call on the parties to

settle it by some peaceful method; it may recommend the method of

settlement and, if necessary, recommend the terms of settlement.

Action Against Breaches of the Peace. (39-51)

The Council is empowered to remove threats and to heal breaches of

the peace and end acts of aggression. Measures short of armed force

(embargo, severance of diplomatic relations, demonstrations, etc.) and

the actual use of military forces may be used to achieve this objective.

The military power at the disposal of the Council is contributed by

the Members of the Organization, but the main bulk of the power will

come from the members of the Council, especially the five permanent

members, the great military nations of the world. However, the con-

tribution of each Member will be determined by an agreement with

1 A brief description of each of these methods of settling disputes might be helpful:
a. Negotiation: an understanding or settlement reached by the representatives of the parties

to the dispute through ordinary diplomatic channels.

b. Inqutry: a commission appointed to investigate and report on disputed facts.

c. Mediation : A neutral third party attempts to settle the dispute ; in accepting the media-
tion of a third party the parties to the dispute do not usually obligate themselves to accept

the proposed settlement.
#

d. Conciliation : submission of disputes to an impartial third party tp examine all as-

pects of the dispute and to submit a solution which, without having the binding character of

arbitration or a court, should commend itself to the parties on the basis of equity and mutual

concession.

e. Arbitration : The submission of an international dispute to an umpire or tribunal chosen
by the parties to the controversy, judgment being rendered ex aequo et bo no, i.e., according

to common sense and fair play. Usually the parties agree to accept the award.
f. Judicial settlement: submission of an international dispute to a tribunal of judges for a

judgment based on international law. Such disputes are called legal or justiciable.

g. Regional agencies: courts of justice, arbitration tribunals, commissions, etc. established

by regional organization for the peaceful settlement of disputes.



IN THE ATOMIC AGE 29

the Security Council, although the agreement may be bi-lateral (be-

tween the Council and one Member) or multi-lateral (between the

Council and two or more Members) . In any given situation, the Council

decides what nations must contribute their quota and how much of their

quota, for a breach of the peace may only require the aid of Members

in a certain geographical area. These armed forces of the nations will

be under the Council’s agent, the Military Staff Committee, which is

responsible for its actions to the Council.

Since a state may be confronted with serious economic problems

by complying with these preventive and enforcement measures of the

Council, she has a right to seek a solution to her problems from the

Council. The nations also retain their right to defend themselves,

either singly or collectively, against an armed attack until the Council

has taken the necessary measures to maintain peace.

Observations on the Security Council

Core of Criticism

Much of the sound and legitimate criticism of the United Nations

Charter is aimed at the predominance of the Big Five in the Organiza-

tion. This control is centralized in the Security Council.

For an understanding of the present Charter one should bear in

mind the reality of the situation. Since not even the first steps in the

organizing of the community of nations could be taken without the

participation of the few world Powers, the conditions laid down by

these nations had to be met and satisfied. They were unwilling to

admit much external restraint on their own exercise of military might

at their disposal
;
they demanded a latitude of action for themselves

which they denied to others, and this latitude, first claimed in the

Dumbarton Oaks Proposals but whittled down as much as possible

under present conditions at the San Francisco Conference, was finally

and reluctantly accepted by the other nations. For if they did not accept

the conditions, as Peter Fraser, Prime Minister of New Zealand, ex-

plained, there would be no charter at all.

This concession to the major Powers of the world has admittedly

weakened the Charter as a security organization. It does not provide

for a system of collective security, for it offers no assurances of pro-

tection against the aggressions of any of the five big Powers. But it

is well to remember that the less powerful nations have even less

security outside the Charter. For the big nations have, as we shall

see, placed some restraints on the exercise of their might, and there



30 OUR WAY TO PEACE

is some hope, once they have taken the first step, that they will in time

place sufficient restraints on their power to permit not only protection

of the strong from the weak but protection of the weak from the strong.

Idea Acceptable

An international organization with any promise of maintaining peace

must provide the means for the prompt use of adequate armed force

against peace-breakers and aggressors. All must agree that an essential

of any peace organization is an organ invested by common consent

with the power and the function, as Pius XII said at Christmas, 1944,

“to smother in its germinal state any threat of isolated or collective

aggression.” The League of Nations was clearly defective on this score,

for its provision for unanimity in both the Assembly and Council

prevented the use of force in a crisis.

It is reasonable, then, to entrust this responsibility to a Council of

limited membership, empowered to use force in the name of the

Organization and provided with sufficient military power to act quickly

and effectively. Since the promise of peace depends largely on big

nations with mighty military and economic power at their disposal,

their responsibility demands and deserves a position of prominence

in this Council. This is by no means the admission that might is

right; it is the recognition that the power to do great good (or great

evil) involves equally great responsibilities.

The Security Council of the United Nations Charter satisfies many

of these reasonable provisions for a workable peace organization. Un-

fortunately, however, some features of this organ are objectionable.

Objectionable Features

The serious defects of the Security Council are no secret; they are

due to the insistence of the big Powers that the United Nations will not

use military measures and other sanctions against them and that their

armed forces will never be used against any other nation without their

own explicit approval and consent. Accordingly, the Council is not

amply responsible, as it should be, to the Organization for its decisions

and actions, and the five permanent members enjoy the privilege of

veto in most of the important functions of the Council. It is true

that the Charter demands that the Council act in full accordance with

the purposes and principles of the Organization, and, as we shall

see, some restraints are imposed on its actions. But these restraints

are defective in many respects.

The privilege of the veto is still more serious. While the primary



IN THE ATOMIC AGE 31

responsibility of the Council is the maintenance of international peace,

this provision for unanimity among the five permanent members in

any important decision, grants each of them immunity from any en-

forcement action, permits any one of them the right to prevent sanctions

against a patent aggressor, and even allows each of the five, provided

it is not a party to the dispute, to thwart the peaceful settlement of

disputes through the mediation of the Council. A security organization

that could permit another Manchurian aggression is patently defective.

The veto, it must be admitted, weakens the Charter as a security

organization. It does not provide for a system of collective security

—

the security of all nations against aggression from any quarter. As

long as the veto remains in the possession of the five permanent

members of the Council, other nations have no assurance that patent

aggressions on their territorial integrity and political independence

will be prevented or suppressed by the action of the Council. Although

the peoples of the United Nations were determined “to save succeeding

generations from the scourge of war” by taking effective measures

“for the suppression of acts of aggression,” the Charter does not

provide for effective measures against the aggression of any of the

five permanent members of the Council.

Since all nations are greatly concerned about their own security

and are fully aware they can not rely on their own defenses, where

will they seek this security? They will seek the security they them-

selves cannot provide in bi-lateral and multi-lateral military pacts with

one of the five major Powers. The Charter almost compels them to

do so. This is not indeed much of an advance over the system of the

past and is certainly a far cry from the system of collective security

which in the words of the Atlantic Charter would “afford to all

nations the means of dwelling in safety within their own boundaries.”

Restraints on the Security Council

Though the veto does weaken the Charter as a security organiza-

tion, the five permanent members of the Council have accepted certain

restraints on their freedom of action and inadequate as these are they

should be known and used to their best advantage.

The Charter does not approve of arbitrary and unjust actions by

the Security Council, nor are the Members of the United Nations

asked to subscribe to any foul play by this organ which acts in their

name. All the members of the Council accept the obligation of making

its decisions in accordance with the purposes and principles of the



32 OUR WAY TO PEACE

Charter (Art. 25). They must respect justice and be guided by

international law in making their decisions; they must not violate

the territorial integrity and political independence of states and the

human rights and fundamental freedoms of individuals in keeping

peace among nations. Only when the Council acts in accordance with

the purposes and principles of the Charter does it act in the name

of all the United Nations.

Secondly, the big Powers will be a check on each other. The

United States, Great Britain and Russia have admitted France and

China to the same position and privileges they themselves enjoy,

although the present military and economic powers of these two nations

do not warrant this high place. These five nations will naturally

check the domination of any one, and any one can prevent the abuse

of the Council’s powers by the other or by any combination of the

five; the five permanent members may in turn be curbed by the six

members elected by the Assembly. In the nature of things, these six

nations will pay some attention to the desires and demands of the

Assembly which elects them, and though it may be objected that these

six nations will hesitate to oppose and obstruct the will of the Big

Five, the history of the San Francisco Conference amply proves that

big nations can be successfully opposed.

Moreover, the Council must make annual reports on its activities

to the Assembly (Art. 24, iii), and the Assembly in turn is free to

discuss, comment on and criticize these activities and decisions of

the Council. This freedom of criticism can be a powerful weapon in

thwarting any abuse of privileges by the Council. It may, by arousing

the conscience of the world and keeping it on the alert, curb the

aggressive tendencies of unrestrained military power more successfully

than the threat of the sword.

Finally, each nation retains the “inherent right” of self-defense

which may be exercised individually or collectively (Art. 51). It may

be that this article will supply the collective action against aggression

which indeed is a crime against the community of nations as well as

the nation immediately attacked.
1

1 The agreement between the United States, Great Britain, Russia and France, signed on

August 8, 1945, concerning trials for war criminals has gone a long way in making aggression

an international crime. To plot or launch a war of aggression is a crime for which responsible

individuals may be convicted and punished. On the principle that "planning, preparation,
initiation or waging of a war of aggression, or a war in violation of international treaties,

agreements or assurances’’ are crimes against peace, some of the European war criminals would

be placed on trial. Justice Robert H. Jackson considers this instrument an important step

forward "in fixing individual responsibility of war mongering, among whatever peoples, as

an international crime.’’



IN THE atomic age 33

Provisions for Armed Forces

Article 43 is the foundation of the security system of the Charter.

It is the powerhouse of the Charter, supplying the Security Council

with the forces needed to maintain peace.

Each nation, in ratifying the Charter, willingly and knowingly

accepts the obligation imposed by this Article of supplying armed

forces whenever the Council decides that force must be used to keep

or restore the peace. The Article itself does not specify how much

each Member will make available at the call of the Council, but each

Member must implement this obligation by an agreement with the Coun-

cil—an agreement which will determine its quota as to the number and
types of forces and the nature of other military facilities and assistance.

Failure to do so would be a clear manifestation of indifference to the

Charter and the equivalent of a denial of its previous ratification. The

quotas will vary with nations, depending on the military and economic

power and geographical position of each nation. However, much

of the military power at the disposal of the Council will come from

its own members, for they are the most powerful nations of the world.

If the United States as a nation is really anxious that the Charter

prove its worth, the full implications of ratification must be appre-

ciated. Though there may be honest differences of opinion on the

methods of procedure, the Senate debates on ratification (July 23 to

July 28, 1945) succeeded in indicating the essential steps for the

full implementation of the Charter and the probable methods of pro-

cedure. Let us see what they are.

The United States must supply the Security Council with a quota of

armed forces . There is no disputing this pledge. It is derived from

membership in an organization whose purpose is to “take effective

collective measures for the prevention and removal of threats to the

peace” and in which each Member engages, as in Article 43, to “make

available to the Security Council, on its call and in accordance with a

special agreement or agreements, armed forces, assistance and facili-

ties, including rights of passage, necessary for the purpose of main-

taining international peace and security.”

Neither the Charter nor the Security Council determines the quota of

any Member. Each nation must, after the Charter becomes operative,

make with the Security Council an agreement which will exactly define

the extent of its military aid. The President will negotiate this agree-

ment for the United States. It is well to remember that this agreement



34 OUR WAY TO PEACE

will not be committing the full war powers and military forces of this

nation; these can only be used after a declaration of war by Con-

gress. It will be a policing force, proportionate to our strength and

position in world affairs and on conditions acceptable to the United

States.

This agreement
,
negotiated by the President

,
must then by approved

by Congress. During the debates on ratification some Senators in-

sisted that this agreement should be considered a treaty and accord-

ingly should be sent to the Senate, as the Charter itself, for ratification

by a two-thirds vote. Other Senators disputed this view, contending

that this military agreement should be considered like the Bretton

Woods Agreement and hence need only be approved by a majority of

both houses of Congress. Otherwise, they argued, the Charter would

merely be a “treaty to make a treaty.” Before the debates were over

the President made the position of the administration clear: he in-

tended to submit the agreement to Congress for approval by a simple

majority. Once approved by Congress, this limited armed force could

be used by the Security Council without restrictions of time and place

and without further Congressional approval, provided, of course, our

delegate in the Council consented to the decision of the Council to use

force.

Power and Position of the Delegate

Our delegate to the Security Council will henceforth be one of the

most important and influential persons in the conduct of this nation s

international relations. He will be concerned constantly with a multi-

tude of problems and situations which threaten or actually disturb

the peaceful relations between all nations; his vote in the Council will

decide when our quota of forces will be used to enforce the decisions

of that body. All these problems and situations he must handle for

the best interests and security of our nation and of the entire world.

It is, of course, the nation as such, and not the delegate, which is a

member of the Council, and the Charter permits the nation to control

its delegate as it so desires. Since the Council functions continuously,

each member must have a representative at the seat of the government

for this purpose. But a nation may be represented at any meeting of

the Council by whomsoever it wishes; our delegates need not in every

instance be our representative resident at the seat of the United Nations.

The functions of the delegate clearly indicate who the representative

of the United States must be. He will be concerned with problems



IN THE ATOMIC AGE 35

of international affairs: investigating disputes and differences between

nations, recommending procedures for settling such disputes, determin-

ing breaches of the peace and acts of aggression, deciding on the need

or expediency of severing diplomatic relations or of imposing block-

ades or even the use of force to maintain peace among nations. These

are all matters of foreign relations, and under our constitution the

President has the exclusive power of conducting foreign or inter-

national relations. More and more an important share of our inter-

national relations will be carried on and determined within the Council.

Our delegate, then, must be working with our President. His

recommendations and decisions cannot be at cross purpose with and

divorced from the policies and decisions of our President who alone

has the constitutional power to conduct international relations. Our

delegate in the Council is, for all practical purposes, our President

acting either directly and personally, whenever he considers the situa-

tion sufficiently serious, or through a representative directly responsible

to him—his Secretary of State or an accredited diplomat. Congress
in creating his office must clearly define the delegate’s dependence on

the Executive of this nation.

There is no denying that this means a formidable concentration of

power in the hands of the President as our delegate in the Security

Council. Can it be entrusted safely to one person? The demand of

many highly esteemed public leaders that the President be immediately

responsible, in some matters, to the nation through Congress is easily

understandable and should not lightly be disregarded. We like to

have political power sanely controlled. Control, however, does not

mean obstruction; whenever and wherever freedom of action is needed

for the successful operation of the Council it must be granted. What

is desired is reasonable accountability where great power is entrusted

to an individual and an assurance of harmony between the President

and Congress when decisions of the Council call for congressional

action.

Just as the Council must make annual reports of its activities to

the Assembly, this nation has a right to expect periodically a complete

account of affairs from its delegate. But this is not enough. Congress

should always be informed whenever our quota of limited armed

forces might be used. There is always the possibility that the situation

will require more than our quota and even the full war powers which

can only become available by an act of Congress. Congress must be



36 OUR WAY TO PEACE

willing and ready to reinforce our quota, for without congressional

support the use of the limited armed forces might be futile and danger-

ous. Congress, then, has a right to be kept adequately informed, with

due regard for necessary secrecy, in those situations which are likely

to lead to the use of American forces.

Topics for Discussion
1. “The merit of the present Charter lies in the fact that its words correspond

with the realities. What in the abstract are defects become in reality merits. The

Charter was deliberately made to mirror the hopes and fears, the trusts and dis-

trusts, the strength and infirmities of the human environment in which it must

live and work.” This analysis by John Foster Dulles applies particularly to the

Security Council. With this in mind answer these questions:

a) What five nations are permanent members of the Council and why have

they been granted this privilege?

b ) Why does not the Charter establish a “system of collective security?” What

feature of the Security Council has prevented the establishing of such a system?

If such a system is desirable, then why did the delegates at San Francisco fail

to establish one?

c) In what circumstances do the five permanent members possess a veto power?

2. “One incisive question is being asked about these arrangements for prevent-

ing aggression. It arises out of the constant possibility that a single great power

may veto action. If that happens, would action taken by another Member, who is

convinced that justice and prudence alike demand military measures, constitute

an illegal use of force?” How would you answer this question posed by Prof.

Percy E. Corbett?

3. The Security Council has power to formulate plans for the control of arma-

ments. However, as the report to the Senate says: “They will be only plans

—

only recommendations to the governments—and every country, including our own,
will be free to accept or to reject them according to its conception of its national

interest.” In other words, no nation is required to give up its national armaments,

the badge of sovereignty. As long as this attitude persists will it be possible to

have a truly collective system of security?

4. What action can the Security Council take when an international dispute

or situation threatens the peace? Apply this to:

a) disputes involving two countries not permanent members of the Security

Council

;

b) disputes involving one permanent member of the Council and one or several

countries not permanent members of the Council;

c ) disputes involving two permanent members of the Council;

d) disputes involving a Member of the United Nations and a non-Member.

5. Is it true to say that the Charter imposes no restraints upon the five perma-

nent members of the Security Council? To answer this, study the voting provi-

sions of Article 27.

6. How does the Security Council get the military power needed to keep the

peace? Explain how Article ,43 would work out in practice. Are the “agreements”

there mentioned to be considered as “treaties”, i.e., requiring a two-thirds vote of

the Senate?



IN THE ATOMIC AGE 37

[Articles 51-54]

6 .

Regionalism's Contribution to World Peace

Role of the Neighborhood

An important effect of the United Nations Charter will be a new

emphasis given to the principle of regionalism. For the United States

this has special importance because of its bearing on the Monroe

Doctrine. For the world it means the first realistic step towards a

truly international community based on law.

The League of Nations did not make proper allowance for local

solutions of a crisis. There was no community of interest sufficiently

evident or strong to make the people of a sovereign state undertake

sacrifices to remedy a distant injustice when its own security was not

directly threatened. John Eppstein has recently written: “It was all

very well to speak of collective action against aggression. But why

should villagers in an English county or a Norwegian fjord sally forth

to drive the Japanese from Manchuria in 1931, or (say) cattle ranchers

of Brazil hurry to the aid of Ethiopians in 1935? Why should South

African Boers risk their lives because Hitler decided to re-occupy the

Rhineland in 1936?” (cf. International Reconstruction
, p. 11.).

This

reluctance was fatal because in the League of Nations unanimity was

necessary among all the members for every important decision. The

United Nations Charter has given free scope to the intermediate

agencies which operate on the principle of regionalism.

Principles of Regionalism

The provisions on regionalism contained in the Charter are based

on three principles: 1) Encouragement of regional agencies as an

important way of settling local disputes by peaceful means; 2) Recog-

nition that members of a regional group may legitimately make pro-

visions among themselves for their collective security; 3) Emphasis

that the world organization retains paramount authority in all en-

forcement action in case of threats to peace.

1. Article 52, therefore, states that nothing in the Charter precludes

the existence of regional arrangements or agencies for dealing with



38 OUR WAY TO PEACE

such matters relating to the maintenance of international security as

are appropriate for regional action. Specific encouragement is given

to Members of the United Nations who are parties to such regional

arrangements to achieve pacific settlement of local disputes through

such agencies or through such arrangements. And the Security Council

itself is directed to promote the pacific settlement of local disputes

through such regional arrangements or by such regional agencies.

2. Article 51 recognizes that nothing in the Charter impairs the

“inherent right of individual or collective self-defense” if an armed

attack occurs against a Member of the United Nations until the Security

Council has taken the measures necessary to maintain international

peace and security. This recognizes the right of parties to a regional

arrangement to make provisions among themselves for collective self-

defense.

3. Article 53 states that no enforcement action shall be taken under

regional arrangements or by regional agencies without the authoriza-

tion of the Security Council. Where exceptions are given, as in Article

51, this is conditioned by the warning that such measures taken under

the exceptions must be immediately reported to the Security Council,

which retains at all times its full authority and responsibility to take

any action it deems necessary in accordance with its powers under

the Charter.

An exception of its own kind, and of a temporary nature, refers

to mutual assistance pacts which have been or may in the future be

entered into and directed against “renewal of aggressive policy” on

the part of Germany and Japan. This refers to armistice and treaty

provisions made by the victorious Powers to prevent the return of

German and Japanese militarism. In these cases full freedom exists,

as far as enforcement action is concerned, from the otherwise para-

mount authority of the Security Council.

What is Regionalism?

What is a “regional arrangement” or a “regional agency”? The

Charter does not define these vague expressions. Actually two en-

tirely different types of systems seem to be embraced in the language

of the Charter. One context refers to an organization, strictly speak-

ing. Another refers to a purely military alliance. A true regional

organization denotes the existence of a permanent center devoted to

broad objectives of welfare and friendly relations. Its duration is



IN THE ATOMIC AGE 39

perpetual because resting on permanent factors of geography, language,

culture, etc. Its operation is continual because it works toward posi-

tive aims. The definition of “regional arrangement” which the Egyp-

tians once proposed for incorporation into the Charter brings out this

idea very clearly.

In this amendment regional arrangements would have been defined

as “organizations of a permanent nature grouping in a given geo-

graphical area several countries which by reason of their proximity,

community of interests, of cultural, linguistic, historical or spiritual

affinities, make themselves jointly responsible for the pacific settlement

of any disputes which may arise between them and for the maintenance

of peace and security in their region, as well as for the safeguarding

of their interests and the development of their economic and cultural

relations.”

Purple Patch

Quite different from regional organizations are the traditional mili-

tary alliances which the Charter also includes under the term “regional

arrangements.” The pacts for mutual assistance against the defeated

Axis are nothing new, although the Charter shrinks from calling them

by their old names. These pacts do not constitute genuine regionalism.

They are the outcome of fortuitous political circumstances and do not

rest on positive factors but only on the need of military assistance.

These alliances are for ad hoc security needs, and even when relatively

permanent do not envision the solution of common problems, but only

military aid or concerted military action when such problems can

be solved only in war. Even when concluded for long periods they

are an expression of the old order based on balance of power. In

short, the inclusion of such alliances in the Charter is a purple patch

and incompatible with the concept of international organization for

peace. Fortunately the pacts to which these provisions apply will

become obsolete in the course of time, with the passing of the pecu-

liar political circumstances which called them into being.

Regionalism in the Americas

The United Nations Charter does not create any regional organiza-

tions, but it accepts them where they exist and encourages the crea-

tion of others in the future; and it defines their position in the pattern

of general world security. Of prime importance is this to the solid-



40 OUR WAY TO PEACE

arity of the Western hemisphere. The American Republics had long

been developing a sense of solidarity which led at length to the

Pan-American Union.

With a view to further strengthening this solidarity the Inter-

American Conference on Problems of War and Peace issued on March

3, 1945, the Act of Chapultepec. This consisted of declarations of

reciprocal assistance and American solidarity. It declared the prin-

ciple that every attack of a state against the integrity or the inviol-

ability of the territory, or against the sovereignty or political inde-

pendence of an American state shall be considered as an act of

aggression against the other states adhering to the Act. To carry

this declaration further, the signatory states agreed to consider the

establishment of a treaty establishing definite procedures to carry out

this collective program of hemispheric defense.

But meanwhile, the Act of Chapultepec constitutes a “regional

arrangement” in the sense of the United Nations Charter. Its activities

and procedures are to be consistent with the purposes and principles

of the general international organization. In addition to provisions

for collective security, the juridical equality of all the members is

affirmed. Also it is affirmed that any difference or dispute between

the American nations, whatever its nature or origin, shall be settled

by the methods of conciliation, or full arbitration, or through inter-

national justice.

The Monroe Doctrine is essentially a doctrine of non-intervention

in the affairs of the Americas by a non-American Power. On exam-

ination of the Act of Chapultepec, it is clear that the Monroe Doctrine

is not only preserved but strengthened. The provisions for collective

security contained in the Declaration of March 3 are clearly aimed at

preventing the kind of intervention, whether military or political,

which it was the aim of the Monroe Doctrine to prevent.

Enforcement Rights of Regions

Obviously, however, the program of collective military action en-

visioned in its regional arrangement could be ineffective if the consent

of the Security Council were required. Lacking one vote of the

permanent members, say that of China, which has remote interest

in South America, the whole hemispheric defense system could be

paralyzed. For this reason Article 51 of the Charter was inserted,

regarding the inherent right of individual or collective self-defense.



IN THE ATOMIC AGE 41

The phraseology of Article 51 is not clear, of itself, with regard

to enforcement action through regional arrangements or regional

agencies. The expression “collective self-defense” is new and vague.

But the interpretations accepted at the San Francisco Conference leave

no doubt that it referred particularly to the system of hemispheric de-

fense set up in the Act of Chapultpec. Said Senator Vandenberg:

“We here recognize the inherent right of self-defense—whether singly
or collectively—which permits any sovereign state among us, or any
qualified regional group of states, to ward off attack pending adequate

action by the parent body.”

League of Arab States

There is another regional system which deserves consideration. This

is the League of Arab States which was set up on March 22, 1945,

consisting of the Middle-East states of Syria, Transjordania, Iraq,

Saudi Arabia, Lebanon, Egypt and \emen. This pact provides a

definite pattern for the peaceful settlement of disputes among its

members. Compulsory arbitration is a special feature. It also pro-

vides for consultation among the members in the event of a threat to

the security of any member of the League. In proposing its definition

for a “regional organization,” given above, the Egyptian delegation

had its own League of Arab States particularly in mind. Another

type of regional arrangement is the agreement concluded between

Australia and New Zealand on January 21, 1944, providing for

collaboration for defense and for cooperation in matters of common

concern in the Southwest and South Pacific areas.

Future of Regionalism

The political effect of such regional groups, operating to preserve

peace independently of the power-minded Security Council of the

general organization, will be one of the most significant phenomena

to watch in the future. Taking the idea of regional organization en-

visioned in the Act of Chapultepec and in the League of Arab States,

several promising developments can be expected. Regionalism’s ideal

is cooperation in the solution of common problems. In this respect

it is no different from general world cooperation. But circumstances

make it possible for the regional organization to aim at much more

than the world Organization can hope to achieve.

First of all, we find in the regional organization a genuine juridical



42 OUR WAY TO PEACE

equality of all the members. There are no states with privileges. This

means that it possesses a juridical equality far beyond the political

orientation of the United Nations. There is compulsory jurisdiction

of the system’s court. The spirit of collective security is so strong that

every attack of a state against the integrity or inviolability of the ter-

ritory, or against the sovereignty or political independence of any

of the members is considered, ipso facto
,
an attack upon the other

members. This is not true for the world Organization. Regionalism

is the breach through which the attack against the doctrine of absolute

sovereignty can be more successfully made. Nations will surrender,

and are surrendering, their jealously guarded prerogatives more willing-

ly to a regional organization with which they have a sense of greater

solidarity, than to a global organization.

In short, we find in the regional organization the features of a

juridical institution for international security that are so obviously

lacking in the United Nations. The progressive development of

international law will be made more easy by the many precedents that

will be set in the regional courts. A sense of solidarity that the world

organization has yet to achieve may gradually permeate the world

from the example of the regional organizations. Above all, the privi-

leges which the regional systems now possess for settling their own

disputes peaceably, and even to enforce them by sanctions, will in

effect diminish the importance of the Security Council. The rise of

regionalism in the decades to come may well mean a shift of the

center of gravity from the power-minded Security Council to the

more juridical institutions of regional organizations. This develop-

ment, it should be noted, will take place within the general frame-

work of the United Nations Charter whose merit it is to have recognized

the role that regionalism can play in world peace.

Topics for Discussion

1. In his report to the President, Mr. Stettinius said: “The provisions on re-

gional arrangements adopted at San Francisco insure the preservation of the

Inter-American system based on the Good Neighbor Policy as an integral and

valuable element of an effective collective security system on a world-wide basis.”

Show how the principle of regionalism in the Charter is an “integral” and

“valuable” element in the general United Nations system.

2. The Senate Foreign Relations Committee reported to Congress that “the

Monroe Doctrine remains completely unimpaired and the purposes and objectives

of the Charter strengthen rather than weaken the doctrine.” Show how the en-



IN THE ATOMIC AGE 43

forcement provisions of the Charter enable the American Republics to, a) prevent

military aggression against the Western Hemisphere, b) prevent political ag-

gression against any American Republic by a non-American Power.

3. Dr. Francisco Castillo Najera, of Mexico, said on June 13 at San Francisco:

“The system which governs us today is not an ephemeral or circumstantial acci-

dent; it is the imperative of our community of ideals and of interests. These

ideals and interests impose on us the fulfillment of an identical historical mission.

We have consolidated Pan Americanism as the result of great concerted efforts
to establish mutual confidence and mutual understanding; we have understood

that the world-wide and inescapable laws of interdependence bring us together

in such a way that to attempt to side-track them is to condemn ourselves to

decadence and ruin at a time when destiny calls us to the fullness of international

life, prodigal in its benefits for our peoples.” What are the aims of Pan

Americanism?

4. Grayson Kirk has said: “During the period of the League of Nations... it

was argued that formal recognition should be given to the undoubted fact that

many, if not most, States were more willing to contribute actively to the suppres-

sion of a threat to the peace in regions where their own national interests were

directly and obviously involved, than in the case of disputes occurring in regions

remote from their national interests.” Show how this “formal recognition” is

present in the Chapter on Regionalism.

5. The same writer explains the dangers of such arrangements “. . . on the

ground that it would open the way for alliance and a return of the balance of

power system which would, in the long run, be in substantial opposition to the

League concept of collective security on a global basis.” Do you think this criti-

cism is valid, or if valid, have the Charter provisions on regional enforcement

adequately safeguarded the return to alliances and balance of power?

6. The League of Arab States says: In the case “aggression is committed by a

member state, the vote of that state will not be counted in determining unanimity.”

Contrast this with Article 27 of the Charter. Should there arise a dispute that

does not involve the independence of a state, its sovereignty or its territorial

integrity, and should the two contending parties apply to the council for the

settlement of this dispute, the decision of the Council shall then be effective and

obligatory. The states involved do not participate in the decisions. Contrast this

with the failure of the International Court of Justice to establish compulsory

jurisdiction.

7. Study further the differences between regional arrangements and mutual

assistance pacts.

8. In his testimony before the Senate Foreign Relations Committee, Leo Pas-

volsky said: “The Monroe Doctrine is a doctrine of non-intervention. Now the
whole international Organization is based on the principle of non-intervention,

so that as long as the Organization functions, the Monroe Doctrine does not need

to come into play.” But in the event the Organization does not function, what

provisions of the Charter allow the self-protective measures to be invoked?



44 OUR WAY TO PEACE

7.

[Articles 55-72]

Removing the Causes of War

Wars do not arise solely out of the pride of dynasties or the

personal ambitions of great dictators and captains of war. They also

arise from inward pressure of an economic and social character. The

Covenant of the League of Nations was concerned almost exclusively

with the political causes of war. But the interim between the two

World Wars has abundantly demonstrated that economic and social

maladies are as much to blame for international unrest as political

ambitions. For this reason the delegates at the San Francisco Con-

ference determined to give as wide a scope as possible to the solution

of these non-political problems. The Preamble, the Purposes of the

United Nations, and the functions of the General Assembly all bear

evidence of this conviction. In the Social and Economic Council this

conviction is very much in evidence.

Description

Aims

Chapter IX of the Charter enumerates three particular objectives

in which conditions of stability and well-being are especially neces-

sary for peaceful and friendly relations among states. These are:

1) “higher standards of living, full employment, and conditions of

economic and social progress and development”; 2) “solutions ol

international economic, social, health and related problems; and inter-

national cultural and educational cooperation”; 3) “universal respect

for, and observance of, human rights and fundamental freedoms for all

without distinction as to race, sex, language or religion.” This rather

broad program is entrusted to one of the principal organs of the

United Nations, the Social and Economic Council, which operates under

the authority of the General Assembly.

Composition and Voting

This Council consists of eighteen Members .of the United Nations

elected by the General Assembly. Each member of the Council is

entitled to only one representative. Membership in the Council is so



IN THE ATOMIC AGE 45

arranged that each state is elected for a term of three years, with

eligibility for re-election. The terms of office of six of the members

expires every two years. Each member has one vote. Decisions are

made by a majority of the members present and voting. No one

state has any special voting privileges. No set times are indicated for

the meetings. These are apparently to be left for the Council itself

to determine. But a majority of the members will be able to convoke

a meeting.

What if Does

The functions and powers of the Social and Economic Council are

principally technical in nature. In the Dumbarton Oaks proposals it

was provided that the representatives on the Council should consist

of experts. This condition was removed after some debate in San

Francisco, but it remains true that the work of the Council is not

policy making in the broad sense. Its activities, to a large degree,

are subject to the approval of the General Assembly under whose

authority it works.

The Council may make or initiate “studies and reports” with respect

to international problems in the fields described above. It may make

recommendations with respect to any such matters to the General

Assembly, to the Members of the United Nations, and to the special-

ized agencies. Particular reference is made to its right to make recom-

mendations for the purpose of promoting respect for, and observance

of, human rights and fundamental freedoms for all. It may draw up

draft conventions for submission to the General Assembly. And it

may call international conferences on matters within its competence.

It may also perform other functions assigned to it in other sections of

the Charter, for example, in relation to the trusteeship system, or

such as may be assigned to it by the General Assembly.

Specialized Agencies

An important phase of the work of the Social and Economic Council

will be its relations with the “specialized agencies.” These are organi-

zations established by intergovernmental agreement and having wide

international responsibilities as defined in their own basic instruments

or constitutions. It is the intention of the Charter that all such

specialized agencies should be brought into relationship with the United

Nations through the Economic and Social Council. The Council may



46 OUR WAY TO PEACE

coordinate their activities through consultation with and recommenda-

tions to such agencies and through recommendations to the General

Assembly and to the Members of the United Nations. It may take

appropriate steps to obtain regular reports from the specialized

agencies, especially on the steps taken to give effect to its own recom-

mendations and those of the General Assembly. The Council may

communicate to the Assembly its observations on these reports sub-

mitted by the specialized agencies. In this connection it is to be noted

that by Article 17, paragraph 3, the Assembly has the right to examine

the administrative budget of these specialized agencies, with a view

to making recommendations to the agencies concerned.

From these provisions of the Charter, it is evident that a considerable

measure of control is to be exercised over the specialized agencies by

the Social and Economic Council. What are some instances of agencies

which are to be thus brought into relationship with the United Nations?

One of these is the Food and Agriculture Organization established

for the purpose of improving world conditions of nutrition and stand-

ards of living. Another is the International Monetary Fund and the

International Bank for Reconstruction and Development, set up at

the Bretton Woods Conference to aid international currency stabiliza-

tion as well as to provide loans for postwar world reconstruction. Still

another is the International Civil Aviation Organization. Another is

the Educational, Scientific and Cultural Organization of the United

Nations. A proposed specialized agency is the European Central In-

land Transport Organization. The International Labor Organization

established in connection with the League of Nations is also regarded

as a specialized agency.

It is obvious that the list of specialized agencies which may spring

up in the future can cover an extremely broad field, any field, in fact,

which presents a serious problem of international import. It will be

the important function of the Social and Economic Council to co-

ordinate these multifarious activities through consultation and recom-

mendations. In order to strengthen its coordinating power, the

Council is authorized to make its recommendations not only to the

organizations themselves but also to the General Assembly and to

the Members of the United Nations. Nevertheless, it was not intended

at San Francisco that the Council should in any way deprive the

specialized agencies of their responsibilities in their own field as de-

fined in the statute or basic instrument on which they were set up.



IN THE ATOMIC AGE 47

Commissions

To aid it in making the necessary studies and recommendations,

the Council is authorized to establish its own commissions in the social

and economic fields, and for the promotion of human rights. In

general, it may set up any commissions required for the performance

of its duties. In short, the Social and Economic Council is adequately

equipped as an administrative agency to attack the non-political

causes of war through the solution of problems and the promotion

of ideas affecting international good relations.

Opportunity for Small Nations

The philosophy behind the idea of social and economic collabora-

tion reflects the awareness of new factors in modern life. The United

Nations wishes not only to suppress outbreaks against the peace, it

wishes also to ferret out the deeper causes of those conflicts and to

abolish them wherever possible. In this respect the League of Nations

Covenant was sadly lacking. In this field, the United Nations regains

the prestige which it loses to many people in the political and power-

minded Security Council.

In the Social and Economic Council the small and so-called middle

nations have full opportunity to make their valuable contribution to

removing the causes of war. While power may be the possession of

the great states, intelligence and leadership is the common property

of all nations. The small nations particularly, who must rely upon

peaceful processes for their survival and are distinguished for good

judgment, are expected to make their chief contribution to the United

Nations in the field of social and economic collaboration. In the pre-

political stage of international peace the small and middle Powers

will play an important role.

Expanding Role of Council

The work of the Social and Economic Council is positive. The

work of the Security Council is negative. It may well be that in time

the Security Council and its enforcement functions will become less

and less important. But as international collaboration grows, the

Social and Economic Council will find itself burdened with more and

more responsibilities. As this comes about, the General Assembly,

under which the Council works, will assume an importance surpassing

that of the Security Council. If in individual instances social and

economic collaboration may not seem to contribute conspicuously



ECONOMIC

& SOCIAL

COUNCIL

ECONOMIC

IAND

COMMISSION

SECRET/

STATIST

COMMISi

TEMPORARY

SOCIAL

COMMISSION

HUMAN RIGHTS
COMMISSION

ORGANIZATION OF 1

AS DEFINED IN THE CHAR

EXECUTIVE i

T’~v\

INTERNATIONAL COURT

SPECIALIZED AGENCIES

ECONOMIC SOCIAL
EDUCATIONAL

AND
CULTURAL

HEALTH OTHER



UNITED NATIONS

AND PROPOSED IN THE

iMITTEE

SECURITY

COUNCIL

TRUSTEESHIP

COUNCIL

MILITARY

STAFF

COMMITTEE

REGIONAL

SECURITY

ARRANGEMENTS

& AGENCIES

NATIONAL

CONTINGENTS OF

ARMED FORCES

SEA

LAND



50 OUR WAY TO PEACE

to world peace, this is more than made up, in the long run, by the

multiplicity of such activities and their fundamental nature.

So broad in fact is the scope of the work envisioned for the Council

that at San Francisco the delegates refrained from being too specific.

They feared that in attempting to enumerate in great detail the func-

tions of the Council they might possibly limit the Council. Conse- T

quently they stated that commissions should be set up in the social

and economic fields, and such other fields as fall within the competence

of the Council.

Commission on Human Rights

There was one exception. The Charter makes mandatory the crea-

tion of a Commission on Human Rights. When queried at a press

conference in San Francisco as to the reason for this exception, Sir

Ramaswami Mudaliar, chairman of the Committee which recommended

the step, replied that the delegates believed that at the basis of all

social and economic collaboration, as indeed at the root of all causes

of war, was the paramount importance of the human person. They

therefore believed that this commission was in a class by itself and

that in specifying it by name no prejudice was given to any other

possible commissions.

Pius XII on Human Rights

What are “human rights and fundamental freedoms?” Here, no

doubt, there is room for a great amount of discussion. In this field

Catholics can aid much in clarifying for the world the still vague

concepts and hopes inspired by these words. In his Christmas address

of 1942, Pius XII has supplied rich material for study. Particularly

important is his own “Bill of Rights.” These include: “the right to

maintain and develop one’s corporal, intellectual and moral life and

especially the right to religious formation and education; the right

to worship God in private and public and to carry on religious works

of charity; the right to marry and to achieve the aim of married

life; the right to conjugal and domestic society; the right to work, as

the indispensable means toward the maintenance of family life; the

right to free choice of a state of life, and hence, too, of the priesthood

or Religious life; the right to the use of material goods, in keeping

with his duties and social limitations.”

These are all rights based on the inherent spiritual dignity of the

human person. Catholics can aid in restoring to mankind its lost



IN THE ATOMIC AGE 51

respect for humanity by insisting that these rights are basic. Un-

fortunately human rights and fundamental freedoms are too often

regarded as mere legal entities, stripped of moral or spiritual content.

Tasks of the Commission

One of the first tasks for the Commission on Human Rights will

be the elaboration of an international bill of rights. It is hoped

that this bill of rights can be submitted to the Member nations, with

a view to incorporation in their fundamental law. This, however, is

a far distant goal. The chief value of the Commission will be in its

educative work in clarifying for the world the idea of human dignity

and in advancing freedoms all over the world. The men who are chosen

for this Commission should be of the highest reputation and character

so that their judgments will carry great weight. Needless to say, reli-

gious leaders should be among those named.

Among the “fundamental freedoms” are freedom of information, of

press, of radio and screen. The American Law Institute, through a

specially appointed international committee, has issued a “Statement

}f Essential Human Rights.” Included in an enumeration of eighteen

such rights are: freedom to form associations, fair trial, reasonable

conditions of work, adequate food and housing, social security, equal

protection of the law. A very important freedom is “freedom from

:he abuse of freedom.” Human sacrifice, polygamy, blasphemy, libel,

utterances provocative of panic, mob violence, insurrection or war

ire uses of freedom to subvert freedom.

A Nation's Ideology

Low international morale is a cause or at least a condition of war.

It is not the primary function of civil authority to promote morality

for its own sake. That is the responsibility of the Church and the

home. But one of the lessons of World War II has been that what a

nation does to its own people has an important bearing on world

order. As the Bishops of the United States said in their distinguished

Statement on International Order: “. . . the ideology of a nation in

its internal life is a concern of the international community. To

reject this principle is tantamount to maintaining that the violation

of the innate rights of men in a country by its own government has

no relation to world peace.” It is to be hoped that this awareness

so evident in the United Nations Charter will be fully implemented

in the years to come. It might well be said that of all the activities



52 OUR WAY TO PEACE

of the Organization, none will be of more importance or interest to

Catholics than the Commission on Human Rights. Catholic participa-

tion in the work of this phase of the United Nations is imperative.

Topics for Discussion

1. “The social and economic Chapter has been transformed. In its first draft -

it was a somewhat anemic document. Now it is a full blooded document which

should carry to the peoples of the world a hope that in the days to come wars

cannot only be prevented by force but the conditions which make wars possible

will themselves be gradually removed.” (Herbert Vere Evatt, Australian Delega-

tion). Verify this assertion by comparing the corresponding sections of the Charter

and the Dumbarton Oaks Proposals.

2. “I regard the most important achievement of this Chapter as consisting in

the pledge which all the nations will give that they will endeavor to do their

utmost to cooperate so that full employment., .may be realized. It takes a war to

prove how precious, how vital is the labor of men and women.” (Herbert Vere

Evatt). Discuss how the Charter hopes to promote full employment.

3. “The Economic and Social Council will have before it an opportunity which

may never again present itself, to study the ways and means of promoting among

the United Nations the cooperation necessary to bring about a freeing of the

channels of international trade through the reduction of excessive tariffs, and of

excessive consumption taxes, and the elimination of artificial and discriminatory

restrictions, including quotas, import controls, subsidies and the like, and it is to

be hoped that this shall be one of the first tasks to be undertaken by the Council

once it begins to function.” (Emilio A. Godoy, Peruvian Delegation). How would

the Council go about solving these problems mentioned?

4. “France agrees entirely that full employment is one of the important essen-

tials for the peace of the world. We also consider, however, that you cannot
guarantee full employment in any country unless you have the necessary raw mate-

rials to keep your industries going.” (Raoul Aglion, French Delegation). Discuss

the role of raw materials in international relations and world peace.

5. “One of the weaknesses of the League of Nations Covenant was that it did

not pay any particular attention to this supremely important subject of the eco-

nomic and social conditions in our countries. We have learned our lesson.” (Jan
Christiaan Smuts, South African Delegation). Examine the League of Nations

Covenant to verify this statement.

6. “Gentlemen, we should not delude ourselves into thinking that if we can

solve our economic and social problems, that in itself will result in no more war.

It won’t...” (G. Myrddin Evans, British Delegation). What will result?

7. “We are all asked to be realists, we are asked to recognize various factors

in the world set up as it exists today. There is one great reality, one fundamental

factor, one eternal verity which all religions teach, which must be remembered

by all of us, the dignity of the common man, the fundamental human rights of

all beings all over the world.” (Sir Ramaswami Mudaliar, Delegate of India).

Discuss the significance of the dignity of the human person as the moral founda-

tion of an international organization.



IN THE ATOMIC AGE 53

[Articles 73-91]

8 .

To End Imperialism

There are lands and peoples on this earth classified as “dependent.”

These regions and their peoples do not possess self-government or

independence either because long years of exploitation have pre-

vented the development of native political institutions or because

their retarded economic development makes them unable to stand by

themselves. This situation developed in the era of exploration and

discovery, particularly in the past two centuries, in which the colonial

empires of Great Britain, the Netherlands, France and Belgium were

founded. One of the great problems of international order is the future

of these dependent areas.

Difficulty of the Imk

The United Nations Charter projects the most extensive program to

end imperialistic exploitation that has yet been conceived. The realiza-

tion of this program will be one of the continuing tasks of the United

Nations. But it will not be an easy one. Because we did not have a

tradition of exploration and expansion abroad, as did the European

colonial Powers, and because our national economy was not based on

overseas possessions, the United States did not find it too difficult,

despite initial indecision, to promise and to fulfil in large measure the

independence of the Philippines. But for other countries, the liquid-

ation of an empire is no trifling issue.

After World War I a step in the direction of advancing the welfare

of dependent territories was taken when the former German and

Turkish dependencies were parceled out under mandate to the several

Allied countries. These mandatory Powers undertook certain obliga-

tions to the native populations. But the League of Nations Covenant

made no attempt to attack the problem of imperialism generally. Each

of the colonial Powers remained, as before, sole judge of the policy

it would pursue in its own territories. There was no joint declaration

of policy applicable to all dependent territories.

In 1919 it was relatively easy to inaugurate a progressive policy in

the case of lands newly detached from defeated Germany and Turkey.

It was not so easy to get the victorious Powers to agree on a common

policy, still less to commit themselves to a measure of accountability



54 OUR WAY TO PEACE

to the world community. But in 1945 this was the merit and achieve-

ment of the San Francisco Charter.

Joint Declaration of Colonial Policy

The problem of the dependent or non-self-governing territories had

to be approached in two ways. The Charter, therefore, contains two

sections on this subject. The first section (Chapter XI) deals with

non-self-governing territories as such, whether under trusteeship or

not. The second section (Chapters XII, XIII) deals with an inter-

national trusteeship system for certain categories of lands.

In a general declaration of policy all the Members of the United

Nations possessing dependent territories, whether as colonies proper,

or as mandates or trust territories, accept the basic principle that the

interests of the inhabitants of these territories are paramount. And

they accept as a sacred trust the obligation to follow a policy consistent

with this principle, that is, to promote to the utmost the well-being of

the natives.

Specific Commitments

The specific forms in which the interests of the inhabitants are to

be safeguarded are: 1) their political, economic, social and educational

advancement. By political advancement is meant particularly the

development of self-government and the realization of political

aspirations; then, 2) the just treatment of the natives and their pro-

tection against abuses. The colonial Powers agree also to cooperate

with one another with a view to the practical achievement of the social,

economic and scientific purposes of these policies. They agree to

submit regularly to the Secretary-General information of a technical

nature on conditions in their respective territories.

This declaration of policy subscribed to by all actual and prospective

Members of the United Nations who have or assume responsibility

for the administration of dependent territories, is cast in rather broad

language. It must be acknowledged that in a problem involving such

diversified lands, ranging from the most primitive areas in the Pacific

and Central Africa to such highly civilized countries as Ceylon, Malta,

and Java, only very broad outlines of policy are possible. A good

deal of latitude is left for the colonial Powers.

Self-Government vs. Independence

This fact received emphasis at San Francisco when demands were

made that “independence” be made an objective of all colonial policy.

Objecting to this proposal, several countries took the stand that to



IN THE ATOMIC AGE 55

project independence as a universal goal of all colonial policy would

be in some instances disruptive of stability and steady progress. It

was asserted that the term “self-government” should be used instead,

along with the additional pledge to “take due account of the political

aspirations of the peoples.” Where these political aspirations in-

cluded complete independence, then due account was to be taken of

that fact. But it was not the intent of the San Francisco Conference

to promote disorder by prematurely proclaiming independence for all

peoples.

Trusteeship System

A special group of dependent territories are considered in the second

section. These are the territories which are to be put under a trustee-

ship system. The trusteeship system applies to the following categories:

a) territories now held under mandate; b) territories which may be

detached from enemy states as a result of the Second World War;

c
)

territories voluntarily placed under the trusteeship system. It

should be emphasized, however, that no territories in these categories

are automatically put under the trusteeship system. What dependent

territories shall be made trust territories, and on what terms, are

matters for subsequent agreement among the countries directly con-

cerned.

The difference between the administration of non-self-governing

territories under the trusteeship system and those outside of the system

is one of the purposes more sharply defined, supervision more rigid

and effective, international control more evident.

Purposes

The purposes of the trusteeship system are the same as those laid

down in the general declaration for all dependent territories. But

independence as well as self-government is explicitly named as a

goal, according to the peculiar circumstances of each territory. In

addition, the trusteeship system aims to encourage respect for human

rights and for fundamental freedoms for all without distinction as to

race, sex, language, or religion. Equal treatment in social, economic,

and commercial matters for all Members of the United Nations is

also included in the objectives of the system.

Supervision

The supervision of the trust territories is based on individual agree-

ments entered into between the Organization and the administering

authority. These agreements, while varying according to the particular



56 OUR WAY TO PEACE

territory, will necessarily be based on the principles of the trusteeship

system as a whole. To assure greater vigilance in the execution of

these agreements a Trusteeship Council is established as one of the

principal organs of the United Nations.

It will be the duty of the Trusteeship Council, under the General

Assembly, to: a) consider reports, b) accept petitions, c) provide for

periodic visits to the trust territories, d) take these and other actions

in conformity with the terms of the trusteeship agreements. It is

important to note that the Trusteeship Council has authority to formu-

late a questionnaire on the political, economic, social and educational

advancement of the inhabitants of each trust territory. The administer-

ing authority must make an annual report to the General Assembly on

the basis of this questionnaire.

International Control

The international control is seen in the composition of this Trustee-

ship Council. This is made up of: a) those Members of the United

Nations administering trust territories, b
)

those permanent members

of the Security Council which do not administer any trust territories,

c) as many other Members of the United Nations 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. The effect of this arrangement

is to remove the suspicion that the Trusteeship Council is controlled

by the colonial Powers acting as a bloc in their own selfish interests.

Decisions in the Trusteeship Council are by a majority of the mem-

bers present and voting. There are no veto prerogatives for any

member.

Strategic Provisions

There is one especially significant feature of the United Nations

trusteeship system that makes it different from the mandates system

set up under the League of Nations Covenant. This has to do with

military and strategic considerations. Under the United Nations

system the trust territory can be utilized in the maintenance of inter-

national peace and security. The administering authority may make

use of volunteer forces, facilities, and assistance from the trust territory

(Art. 84).

But more than this, the trusteeship system provides a distinction



IN THE ATOMIC AGE 57

between a strategic and non-strategic area or areas. In accordance wilh

these provisions, it will be possible to set aside areas of military im-

portance, such as landing fields or harbors. These areas, which may

be large or small, and may include part or all of the trust territory,

operate under special regulations, calculated to enhance their strategic

value for the administering authority.

All functions of the United Nations relating to such areas are exer-

cised by the Security Council, not by the General Assembly. The

Council, however, does not possess the same powers as the Assembly

with respect to reports, questionnaires and the right of visitation. The

Security Council (or the Trusteeship Council) may not visit, nor

receive reports, nor ask for an accounting from the administering

authority, unless the trusteeship agreement gives this right explicitly.

The Security Council may, however, utilize the Trusteeship Council in

relation to the inhabitants living within the areas designated as

strategic.

Another Purple Patch

The distinction between strategic and non-strategic areas, with the

restricted authority over the former, is another purple patch in the

plan for an international security organization. It is due to the in-

sistence of our Navy Department which felt that the strategic Pacific

islands which had been seized from the Japanese at great cost should

by all means be retained by the United States. On the other hand,

to claim outright possession of these islands would be aggrandizement

of a kind renounced in the Atlantic Charter, but particularly with

reference to Japan in the Cairo Declaration of December 1, 1943.

The distinction between strategic and non-strategic areas in the United

Nations trusteeship system was the resulting compromise. It involves

thinly disguised aggrandizement.

For all practical intents and purposes, the strategic areas are under

the undivided control of the administering authority. It is important

to note also that the initiative in designating the strategic areas rests

with the parties directly concerned and not with the United Nations

(cf. Art. 79). The Security Council can alter or amend such an agree-

ment, but each of the permanent members possesses a veto. As

Senator Tom Connally reported to the Foreign Relations Committee:

“It was our attitude that if we are in possession of an island which

we have acquired from Japan at the cost of blood and treasure we

can retain possession of it . . . until we consent that it go under



58 OUR WAY TO PEACE

the trusteeship; and when we do agree that it go under trusteeship,

we have the right to stipulate the terms under which it will go there.”

Under these circumstances it is understandable why the Navy Depart-

ment has expressed its satisfaction with the strategic provisions of

the trusteeship system.

Topics for Discussion

1. In his report to the President on the results of the San Francisco Conference,

Mr. Stettinius said that three basic principles relating to dependent territories

were embodied in the Charter. These were:

1) That colonial powers are accountable to the world community for the well-

being of their dependent peoples;

2) That the political, economic, social and educational advancement of depen-

dent peoples is a primary concern;

3) That dependent territories must be so administered as to contribute to the

maintenance of international peace and security. Verify these assertions in the

text of the Charter.

2. “The interests of the inhabitants ... are paramount.” A British statement has
defined paramountcy thus: “[Paramountcy] means no more than that the inter-

ests of the overwhelming majority of the indigenous population should not be

subordinated to those of a minority belonging to another race, however important

in itself.” Discuss past colonial policy of exploitation in reference to this principle.

3. What is the difference between “independence” and “self-government?”

4. Referring to Article 73, b, General Romulo, Philippines delegate said: “In-

dependence. . .is here in the deed, if not in the word.” Do you agree with

Romulo’s interpretation of this paragraph?

5. Discuss in relation to post-war disturbances in Indonesia, this statement of

the Lt. Governor General of the Dutch East Indies : “When the development of

economic, social and political institutions in a dependent territory has reached a

certain stage, the achievement of the final goal is inevitable. . .The realization of

self-government may take the form of a continued equal partnership within one

commonwealth or that of an independent nation. That is for the inhabitants of

the territory to decide, but a realization of self-government will come as inevitably

as noon follows dawn.”

6. India is not considered as a dependent territory and therefore the provisions

of this section do not apply. Explain. Do these provisions apply to Porto

Rico, Hawaii, Guam, Alaska, the Virgin Islands? If not, why not?

7. What was the Jones Act of 1916? The Jones Act of 1918? Are the Philip-

pines independent?

8. Secretary of the Navy Forrestal has said with reference to the trusteeship

system: “The military and strategic implications of this Charter as a whole are in

accord with the military interests of the United States.” Applying this to the

Pacific Islands, show why the Navy is satisfied with the trusteeship provisions

relating to strategic bases.

9. President Truman declared to American troops in Berlin that “there is not

one piece of territory. . .we want out of this war.” Can this be reconciled with

our desires for the Japanese outlying islands, like Okinawa and Iwo?



IN THE ATOMIC AGE 59

[Articles 92-96; Statute]

9 .

The International Court of Justice

Description

The Charter and its accompanying Statute of the International Court

of Justice establishes a new international tribunal. All states signing

the Charter of United Nations are ipso facto parties to the Statute.

Other states may also adhere to this Statute on conditions laid down

by the Assembly at the recommendation of the Security Council. The

mere existence of the International Court of Justice is not meant to

preclude the possibility of other international tribunals.

Personnel and Tenure

This new Court consists of fifteen judges of fifteen different national

states serving a nine year term, with eligibility for reelection. No

state is automatically entitled to have a judge of its nationality on the

Court. That all of the terms of the judges will not expire at the

same time, the tenure of the original fifteen judges are to be so

arranged by lot that the terms of five expire after three years, and

the terms of five more expire after six years. All judges elected be-

cause of deaths, resignations or removals are to fill out the unexpired

terms of their predecessors. The normal meeting place is The Hague,

but the Court may hold sessions elsewhere as need arises.

Nomination and Election

Nominations are made by the national groups that constitute the

panel of the Permanent Court of Arbitration, or by similar national

groups where none exists. Each national group may suggest the names

of four people, qualified for the bench in their native country. Of these

four no more than two shall be of their own nationality. The elec-

tion is by a separate and concurrent majority vote of both the

Assembly and the Security Council, with no state enjoying any veto

power. If after one session, the full personnel has not been elected,

two more voting sessions may be held. If the total number of judges

has not been elected, special machinery is arranged for. As a last

resort, the judges already elected choose the remaining judges from



60 OUR WAY TO PEACE

the list originally submitted by the national groups. The judges them-

selves select their own presiding officer, their own vice-presiding

officer, as well as the officials of the Court.

Jurisdiction

The Court may handle all cases which the parties refer to it and

all matters specially provided for in the Charter of the United Na-

tions or in the treaties and conventions in force. Any party to the

Statute may agree under the so-called optional clause to accept auto-

matically the compulsory jurisdiction of the Court in certain categories

of legal cases. These categories include: 1) the interpretation of a

treaty; 2) any question of international law; 3) the existence of a

fact, which, if established, would constitute a breach of an inter-

national obligation; 4) the nature and extent of the reparations to

be made for the breach of an international obligation. This agree-

ment to accept compulsory jurisdiction may be made unconditionally,

or on the condition that the opposing party has accepted it, or on

conditions which exclude some legal disputes. A time limit for this

permission may also be included. The acceptances made under the

World Court charter are transferred to the new court.

The Court shall decide cases falling under its mandatory or

optional jurisdiction according to international law. This is to be

done by applying general and particular international conventions,

international custom, general principles of law recognized by civil-

ized countries, judicial decisions and the teachings of publicists.

Moreover, if both parties agree, the Court may also settle these cases

ex aequo et bono
,

i.e., according to common sense and fair play.

Advisory Opinions

The International Court of justice is also authorized to give ad-

visory opinions, but this authority is limited to legal questions. Re-

quests for such opinions may be made by the Security Council and

the Assembly. Other public organs of the United Nations may also

be authorized by the Assembly to request an advisory opinion on

legal questions about the scope of their activities.

Voting and Decisions

Decisions are reached by a majority vote of the judges participating

in the case. Decisions are to be accompanied by opinions, and pro-

vision is made for dissenting opinions. There is no appeal from a



IN THE ATOMIC AGE 61

judgment, but provision is made that within ten years a case may

be reopened when hitherto unknown evidence is available.

For its task of adjudication there is lodged in the Court authority

to decide doubts about its adjudication, doubts about the meaning

and scope of its decisions, and doubts on the title of third parties to

intervene. It may also make its own procedural rules.

Sasicfiosis

Every state that adheres to the Charter binds itself to accept the

judgment of the Court. If a state fails to comply, the other state 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.”

Observations on tlie Court

In the organization of the international community, provision

should be made whereby states, which have controversies arising out

of the meaning and application of general or specific agreements,

should be able to settle them before an international tribunal. This

tribunal should preferably be permanent so that the controversy may

be settled without waiting for a court to be established. A permanent

tribunal can also build a body of decisions to serve as judicial pre-

cedents. This much is provided for in the United Nations Charter. It

establishes the International Court of Justice where states in con-

troversy may agree to adjudicate either by an agreement made in

advance or by an agreement reached after the controversy has arisen.

This jurisdiction is voluntary, not mandatory.

Provision for Legal Disputes

A world system is more juridical if there is agreement in advance

between states that, whenever a legal dispute arises between them, an

independent tribunal has automatically jurisdiction to hear and settle

such controversies. By the so-called optional clause a state may

pledge that, whenever a legal dispute arises between itself and another,

it will automatically accept the compulsory' jurisdiction of the Inter-

national Court of Justice, providing the opposite party has done the

same. States should be urged to vest this jurisdiction in the new

tribunal and to omit further qualifying provisos. If a dispute is

legal, no state is surrendering a genuine sovereignty in accepting

the compulsory jurisdiction of the Court.



-

OUR WAY TO PEACE

^©n-Leg®l Disputes

This possible and laudable settlement of legal disputes leaves un-

touched the numerous potential controversies not covered by anyi

agreements. It is true that the power of the Assembly and of its

subsidiary Councils to formulate and propose for adoption new in-
ternational agreements will narrow more and more the areas of inter-

national life not covered by agreements. But there will still arise}

controversies, not provided for by international arrangement, which

can cause bad blood in the international community. Where these

disputes are susceptible of judicial settlement, the Charter has pro-

vided that these controversies may be brought to the Court. For the*
Charter allows parties in conflict to refer to the Court “any disputes,’”

not merely those of a legal character. Such cases are not capable,

however, of being included under the so-called optional clause, since*

they are not legal. If the parties agree to adjudicate these non-legal

disputes, the Court can apply merely norms already recognized, as

international law, custom, and principles. Only if it is explicitly

authorized each time by the parties themselves can the Court settle !

such cases ex aequo et bono
,
or according to common sense and fain

play.

Now this term, while commonly employed in reference to the com-i
petence of a court, has not as sharp a contour as might be hoped. Itt
may be said that the expression means that a court is dispensed fromi
remaining fenced within the ambit of positive law. It may render aa
decision based on considerations of fair play and good faith. In sob.
adjudicating, a court must avoid what is capricious or arbitrary.

It is desirable that, when controversies arise not covered by existing*
law or by agreements, these be brought before the International Court!
of Justice, by voluntarily vesting the Court with jurisdiction ex aequoo
et bono. When the Court with a lapse of time has exercised thiss
authority often and satisfactorily enough, an effort should be made*
to vest this ex aequo et bono authority automatically rather than»i
optionally in the Court.

Arbitration

The admission should be candidly made that the vesting of this

power in the International Court of Justice, whether by explicit!

agreement of the parties or by the explicit terms of the Charter, is*

the vesting of arbitral power in a tribunal otherwise purely judicial.

While in theory judicial and arbitral functions are properly segregated,



IN THE ATOMIC AGE 63

a strong body of opinion contends that a judicial court does not

necessarily do itself or the community a disservice by exercising

arbitral power under the title of jurisdiction ex aequo et bono . It

must be remembered that nowhere in the Charter is explicit machinery

provided for international arbitration. Rather than deplore its ab-

sence or permit the task to go by default to the political organs of

the United Nations, it appears preferable to abide by the suggestion

made above that the ex aequo et bono exercise of power by the Inter-

national Court be encouraged in the settlements of these non-legal

disputes.

Enforcement

When a decision of the International Court of Justice has been

rendered, there is always the possibility that one party may ignore

it. Provision is made in the Charter for referring the problem of

mforcement to the Security Council. This body may determine that

;he harm to be caused in enforced settlement is worse than the harm

done by leaving a court decision unsanctioned. The Court might,

moreover, believe that the weight of public opinion, enlightened by

he appeal to the Security Council, will bring the defaulting state

into line.

In some instance, however, the Security Council might believe that

ipplying a sanction to the disobedient state is the proper course of

iction. But one of the major Powers decides to exercise its veto. Now

:he question as to whether a judicial decision is to be enforced is

lot the proper place for a political veto. Even if action to sanction

he judgment of the Court is not always automatic, and is to require

i vote in the Security Council, no one or two large Powers should be

nested with authority to prevent action which the rest are willing

o take. This is to depart too far from the juridical character which

;hould characterize international institutions.

A New Tribunal

Any comparative reading of the text of the present Statute and the

statute of the World Court reveals few differences between the two.

Under the new dispensation it is not required to join the new court

ly action separate from adherence to the United Nations Organization,

rhe reason, then, for establishing a new tribunal which so faithfully

models itself on the old should be sought. The reason was not legal

ir academic, but political. Rather than incorporate into the United

Nations structure the World Court with its adhering states, it was



64 OUR WAY TO PEACE

preferred to set up a court which had as its automatic adherents only

those states which were signatories to the United Nations Charter.

Thus, states outside the United Nations, who desired to adhere to the

statute of the new International Court of Justice, must either join the

United Nations on conditions satisfactory to its originators, or

adhere separately to the new court also on terms agreeable to the

same group. The judgment to establish this new tribunal is, there-

fore, bottomed less on the desire to have numerous states belonging to

a world court than it is to have the authority to decide on what terms

outside states shall be received into the newly constituted international

community. If the terms are reasonable, no difficulty is necessarily

entailed. It will be these concrete conditions, therefore, that will

need to be scrutinized and pilloried if the victorious coalition uses

its military victory to apply principles against which it warred.

The Coierfr and Catholic Principles

To help understand to what extent the portions of the Charter setting

up a world court have measured up to the expectations of the American

Catholic Bishops we shall quote the pertinent passages from the state-

ment issued on Nov. 16, 1944 by the Catholic Bishops of the United

States and signed in their names by the Administrative Board of the

National Catholic Welfare Conference:

In the international organization there should be a World Court to

which justiciable (legal) disputes among nations must be submitted. Its

authority should not be merely advisory but strictly judicial.

The World Court should be empowered to render decisions in cases

submitted to it by any party in interest or by the international organiza-

tion. It must have authority to refer its decisions to the international

organization for execution. It would be useless to set up a World Court

and either deny it the right to demand the execution of its decisions or

make the execution of them subject to the discretion of the international

organization . . . Moreover, obligatory arbitration of international dis-

putes which threaten world peace would mark a signal advance in inter-

national relations.

It is fairly clear from the description and analysis of the Court of

International Justice that much progress remains to be made. Juris-

diction over legal disputes is not compulsory, although it can be made

so by engagements entered into before specific controversies arise.

The Court in addition to being able to give advisory opinions, where

these are useful, is also vested with real judicial authority, i.e., power

to settle a case with finality. Only states can be parties to cases before

the Court, but a state in international practise can take up the cause



IN THE ATOMIC AGE 65

of one of its nationals. Decisions of the Court are sanctionable by

the Security Council, where there is failure of one party to abide

by the decisions, but the Council’s vote on this subject is susceptible

to the exercise of the veto. Arbitration is furnished, but on a voluntary

basis by granting the Court jurisdiction ex aequo et bono. The Court,

then, with its good points can still be vastly improved.

Topics for Discussion

1. “If the peoples of the world are truly ‘determined to save succeeding genera-

tions from the scourge of war’ the Court can be a powerful aid in that endeavor.

It can furnish solutions of many international disputes which, if left to fester,

might jeopardize the world’s peace. Even a perfect tribunal will not serve this

end, however, unless there be a willingness among men to seek justice and to

abide by its dispensations. That willingness depends less upon the structure of

the temple of justice than upon the spirit in which it is visited.” This is the

analysis of Manley 0. Hudson, only American Judge of the Permanent Court of

International Justice. Discuss the importance of regular judicial procedure in

international peace.

2. The new Court set up by the Charter does not automatically possess com-

pulsory jurisdiction. No State can be compelled to submit its case before the

Court. Do you regard this as a serious shortcoming?

3. One report at San Francisco revealed the “existence of a great volume of

support for extending the international legal order by recognizing immediately

throughout the membership of the new Organization the compulsory jurisdiction

of the Court.” If there was such support for compulsory jurisdiction, why does

the Charter not provide for such compulsory jurisdiction? The chief opponents

were the United States and the Soviet Union. Can you give reasons for their

opposition ?

4. Should this country act to accept the so-called “Optional Clause” by which

we agree to accept the compulsory jurisdiction of the Court?

5. What can the Court do if its decisions are not complied with? Read Article

94. Do you think these provisions give sufficient sanction to the Court’s decisions?

6. Is there danger that the very power of the Security Council to sanction the

decisions of the International Court of Justice will “engender a practice of de-

ferring satisfaction until the winning party lodges complaint with the Council”

and “degenerate into a mode of reopening cases in a totally different type of

forum?” That is to say, is international law improved when a case can be in

effect appealed from a legal forum to a political forum?

7. Judge Hudson says, “The creation of a new Court was. in reality, little more

than a re-christening and a re-orientation of the old one.” Can you give legal and

political reasons why a new Court was established instead of continuing the

World Court of the old League?

8. States and not individuals are parties before the United Nations Court.

How will this Court protect the “fundamental human rights” which the United

Nations are pledged to support?

9. The Court can handle only legal disputes. What other kinds of disputes are

there? What organ handles these?



66 OUR WAY TO PEACE

[Articles 97-111]

10 .

General Provisions

The last five Chapters of the United Nations Charter deal with the

Secretariat, Miscellaneous Provisions, Transitional Security Arrange-

ments, Amendments, and Ratification and Signature. While some of

these deal in part with purely technical details, others are of funda-

mental importance.

Secretariat

One of the principal organs of the Organization is the Secretariat.

At its head is the Secretary-General. This official is appointed by the

General Assembly on recommendation of the Security Council. He is

the chief administrative officer of the Organization and upon him rests

the responsibility for the smooth functioning of the machinery of the

United Nations. But besides being Secretary-General of the Organiza-

tion he is also Secretary-General at all meetings of the General

Assembly and of the three Councils.

An important additional function assigned to the Secretary-General

is the right to bring to the attention of the Security Council any

matter which in his opinion may threaten the maintenance of inter-

national peace and security. This is a function that was not possessed

by its counterpart in the League of Nations. On account of this

political power the Secretary-General must be elected only upon

recommendation of the Security Council. And on this issue the five

permanent members possess a veto. The General Assembly, however,

is not obliged to accept the candidate thus presented by the Security

Council.

The United Nations Charter aims to achieve a genuinely international

civil service. It therefore provides that 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 ex-

ternal to the Organization. They must preserve their position as inter-

national officials responsible only to the Organization by refraining

from any action which might reflect on this. And on their part the



IN THE ATOMIC AGE 67

Members of the United Nations undertake to respect the exclusively

international character of the responsibilities of the Secretariat and

not seek to influence their nations on the staff.

There is no question of a citizen, say of the United States, casting

off his citizenship and loyalty to his own country. An American who

is a member of the Secretariat does not become an expatriate. Rather

ne serves his own country in its international responsibilities to all

nations. In a truly international organization the member states have

a right to demand this loyalty to the international interest, as defined

in the Charter.

Miscellaneous Provisions

Among the miscellaneous provisions are those odds and ends which

could not be classified with matters treated elsewhere in the Charter.

Here included are provisions relating to possible conflict between the

obligations of the Members of the United Nations under the Charter,

and their obligations under any other international agreement. The

former shall prevail. The United Nations is also to enjoy in the

territory of each of its Members all necessary legal capacity. This

includes privileges and immunities for the Organization and for

representatives and officials.

Article 102 of this Chapter recalls the great outcry against secret

treaties which arose after the first World War on the revelation of

the treaties between Russia, Great Britain and France in 1918. The

League of Nations Covenant, therefore, attempted to abolish secret

treaties by requiring that all treaties had to be registered with the

League under pain of their invalidity. However well-intentioned, this

provision did not effectively check the making of secret treaties.

At San Francisco it was determined that every treaty and inter-

national agreement entered into by any Member of the United Nations

after the Charter comes into force should be, as soon as possible,

registered with the Secretariat and published by it. But as a sanction

for such registration it was provided only that treaties or agreements

not so registered could not be invoked before any organ of the United

Nations. This means that unregistered agreements cannot be adduced

before the International Court of Justice, or the Security Council or

General Assembly, by any aggrieved Member as the basis of any

plea. As far as the United Nations is concerned, such treaties or

agreements are non-existent.



68 OUR WAY TO PEACE

Transitional Security Arrangements

Two Articles, 106 and 107, are the content of Chapter XVII which

is entitled “Transitional Security Arrangements.” The first of these

provides that until the Security Council is fully equipped to maintain

peace and security through military agreements reached with the

Members, the five permanent members of the Security Council shall

consult with one another and, as occasion requires, with other Mem-

bers of the United Nations, with a view to such joint action on behalf

of the Organization as may be necessary for the purpose of maintain-

ing international peace and security. The second states: “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.”

Except for details of drafting and the addition of the name of France,

these two articles remained unchanged from the Dumbarton Oaks con-

versations of the United States, Great Britain, Russia and China.

A good deal of international politics since the end of the war is

explained by these two Articles. It is obvious that the Security Council

would not be fully operative for some time after the end of the war.

It was necessary to endow the victorious military Powers, particularly

the Big Three, with the necessary authority to take over temporarily the

duties of the Council. But this goes even deeper. The Big Three

wanted to have a free hand in making the peace with the defeated

Axis.

The occupation of Germany and Japan was to be the sole responsi-

bility of the major Powers according to agreements entered into among

themselves. Clearly there was no intention of leaving these questions,

so essential for the pacification of the world, to the unpredictable

actions of an untried United Nations Organization. Therefore, as a

result of Articles 106 and 107, the business of winding up World War

II is outside the competence of the United Nations. Whatever peace

treaties emerge out of the war, whatever settlements are agreed to

among the major victorious Powers, are not the object of the United

Nations. Similarly, the occupation arrangements for Germany and

Japan (or Italy, Hungary, Bulgaria, Rumania, and Finland) remain

unaffected by any provision of the Charter, as long as those arrange-

ments continue in force at the discretion of the Governments having

responsibility for the occupation.



IN THE ATOMIC AGE 69

The sooner Chapter XVII becomes a dead letter the better. Under

its provisions the major Powers operate outside the purposes and

principles of international cooperation. It can be used as a pretext

for continuing the old-style method of power politics into the in-

definite future. It is to the credit of the Charter that the great Powers

will with reluctance abandon the latitude given to them in these

transitional provisions. This reluctance is an implicit tribute that the

Charter is in fact a restraint upon the freedom of action traditionally

sought by great Powers. Meanwhile, however, there is no difficulty

in accepting the necessity, even the wisdom of such transitional arrange-

ments. The necessity of accepting these terms comes from the fact

that the Big Three feel that having won the war by themselves, they

should have the prime say in the terms of peace taken to prevent

another outbreak.

The wisdom of these transitional arrangements comes from the fact

that the major political problem of the postwar era is whether the

victorious Allies can hold together as ihey did in the war. The United

Nations itself is based upon the continuing cooperation of the major

Powers. That question is being first answered in the joint policies

followed with respect to the defeated Axis, outside the framework of

the Charter.

Amendments

Those who at San Francisco were dissatisfied with the Charter as it

stood gave special attention to the amendment process. The regular

process of amendment is through a vote of two-thirds of the members

of the General Assembly. It comes into force when it has been

ratified in accordance with their respective constitutional processes

by two-thirds of the Members of the United Nations. Included in this

two-thirds must be the five permanent members of the Security

Council. Thus the Charter can undergo change and new obligations

can be imposed upon one-third of the Members, with the exception

of the United States, Great Britain, Russia, France and China. How-

ever, the dissenting Members can withdraw from the United Nations

should the new change involve burdens which they cannot or will

not sustain.

A special process of amendment is through a General Conference

called for the specific purpose of reviewing the Charter. This can

be called at a date and place fixed by a two-thirds vote of the members

of the General Assembly and by a vote of any seven members of the



70 OUR WAY TO PEACE

Security Council. Amendments effected at such a General Confer-

ence take effect in the same way as described in the previous paragraph.

Should such a General Conference not be held before the tenth

annual session of the General Assembly, the proposal to call such a

conference is by mandate of the Charter to be placed on the agenda

of that session of the General Assembly. And in this instance the

majority of the General Assembly instead of a two-thirds vote, will be

sufficient (with the concurrence of any seven members of the Security

Council) to convoke such a Conference.

Back of this provision for a General Conference at the end of ten

years is the opposition of the small and middle Powers to the veto

prerogatives of the five permanent members of the Security Council.

When they finally gave in to the firm demands of the Big Five, they

did so frankly, in the interests of the success of the San Francisco

Conference. But they did not withdraw from the principle. To their

mind the acceptance of the veto was compensated somewhat by the

prospect that the whole issue could be re-opened at a later date.

In short, they wanted another try at breaking the hegemony of the

big Powers in the Security Council, at least to a modification of the

all-embracing veto in peaceful settlements. They, therefore, proposed

that a constitutional convention should be called at a specified date

in the future. They pointed out that the ordinary process of amend-

ment gave too much power to the Security Council to stall any

possible action. The major Powers argued, and with some plaus-

ibility, that it was not in the interest of the stability of the United

Nations to consider the Articles of the Charter as merely provisional.

They, therefore, resisted the implication that the veto provisions or

any other provisions in the Charter that were regarded as unsatisfactory

were merely temporary. As a compromise, therefore, between these

contentions, it was agreed that the question of a General Conference

should be raised after ten years. And a mere majority of the Assembly

would be enough to convoke the Conference. It was only on this

assurance that the veto rights of the five permanent members of the

Security Council finally received sufficient votes at San Francisco.

The final chapter deals with the Ratification and Signature. It

becomes (largely) inoperative upon the completion of Ratification.



IN THE ATOMIC AGE 71

11 .

Adding Up the Charter

Does the United Nations Charter meet the challenge of peace? Does

the Charter promise peace to the peoples of the world? Will it

introduce the new era for which peoples have been longing through

the centuries by satisfying, in the words of the American Bishops, the

“hope of a world at peace, a world of sovereign states cooperating in

assuring all men the full enjoyment of their rights, a world of free

men and free nations with their freedom secured under law”?

These are natural questions and they deserve honest, candid answers.

Now that human life on this earth has been suddenly catapulted into

the atomic age they will be asked with dread seriousness. The con-

sequences of an atomic world war need no borrowings from an over-

wrought imagination. Today the human race is faced with the dilemma

of peace or perish, and unfortunately the new atomic energy does not

lend much aid to the task of making and maintaining peace among

nations. Making a good peace still remains far more difficult than

making war, and the maintaining of a good peace will still remain a

harder road than maintaining unity under the necessity of surviving

against a common enemy. How far, then, does the United Nations

Charter solve the world’s present dilemma of peace or perish?

Many persons have even gone so far as to proclaim that the United

Nations Charter is already “obsolete” and should be scrapped in favor

of a world government. Such proposals are an invitation to chaos.

Dread fear hangs over all nations at the prospect of annihilation in

the event of atomic war. But this fear is no different in essence, only

greater in degree, from the fear which prompted the establishment of

the United Nations. The new fear does not do away with the problems

which prevented the United Nations from being a stronger security

organization. To make the long jump towards world government is to

overlook the potent forces which still roam this world with their un-

controlled ability to wreck the peace. We will have a stronger Charter

and perhaps a world government capable of handling the problem of

atomic energy whenever the great Powers want that stronger Charter.

If the great Powers are unwilling to use the amendment machinery of



72 OUR WAY TO PEACE

the United Nations for the establishment of a real international organi-

zation in which no nation is above the law, any talk about a world

government is clearly academic.

In estimating the prospects of peace from the Charter a few pre-

liminary observations are in order. It would be well for all of us

to realize that the Charter, as a document, solves nothing. The great

problems of peace cannot be solved by the mere writing and acceptance

of a document. The ratification of the Charter by all the nations of the

world does not end wars and bring with it lasting peace. The drafting

and ratification are necessary but preliminary steps in the process of

peace making. The Charter is an instrument intended to be used in

the spirit of good faith by nations and by men. Unless it is used as

intended it can do little good and may do much harm.

By no means is it a perfect instrument. The analysis of the Charter

in the preceding pages has made that sufficiently clear. The Charter

is a product of a world convulsion which saw a group of mixed and

in some instances sharply divided nations united under the compulsion

of survival against the aggression of a common evil enemy. It would

have been utopian to have expected a perfect instrument out of such

a world convulsion.

The Charter, as was reasonably expected, reflects the revolutionary

shift in political power whereby the war has left us a world of a few

great world Powers and many middle and small nations, most of

whom are physically and spiritually exhausted. Two nations, the

United States and Russia, both controlling and commanding enormous

resources, have emerged from the war as world Powers, while Great

Britain, greatly weakened despite two victories in two world wars,

still retains a claim to her former position as a great Power. The

result of this revolution is reflected in the most disquieting feature of

the Charter—the dominant position of the major Powers in the
Security Council. We can best face the task before us by realizing

that the Charter is the offspring of both realism and idealism and

that it must operate in a world which will long suffer from the ferment

and disorders of a revolution.

The task of this generation can be stated in simple terms. Our hope

in the face of the terrifying dilemma of peace or perish is an organ-

ized community of free nations with their freedom under law, an

organized community of nations willing and able to face and grapple

with the causes of war and the problems of peace. This generation



IN THE ATOMIC AGE 73

must proceed along the road as far and as fast as present world con-

ditions (permit
;

it must move towards the goal by the international

cooperation provided in the United Nations Charter. It is the best

that can be realized now and under present conditions and we must

use it for its worth, deriving from it the many benefits that can be

achieved from continual, sincere cooperation within its framework.

It is a great improvement over the Dumbarton Oaks Proposals and

really more impressive than the public was inclined to judge as it

came from San Francisco piecemeal and somewhat the worse for dis-

putes and differences.

It is admittedly defective. It does not provide for that system of

collective security for all nations against any aggression which the

peoples of the world so ardently desire. Its security system can hardly

work at all unless there is at least a minimum of continual coopera-

tion between the five major Powers which are the permanent members

of the Security Council. Unless they can discover a modus vivendi

within the framework of the Charter it will not function properly.

But granted the continual cooperation among the major Powers,

the Charter does provide the machinery and the means for removing

the causes of war and solving the many problems of peace. The

Security Council provides the machinery for continual consultation

and consideration of all serious disputes and disturbing situations in

the world and methods of settling them without recourse to violence.

The Assembly may take the lead in the progressive development and

codification of international law. The Social and Economic Council

offers the means of solving through international cooperation all the

economic, social and humanitarian problems which provoke wars. It

may become eventually more important than the Security Council in

preventing another world war; with reasonable support from the

Member nations it can deal successfully with the basic causes of

war before they become disturbing diplomatic and political problems.

The Court, standing for the rule of reason and justice over the rule

of might, is a tribunal from which all nations may obtain a just

settlement of their legal disputes and, if they wish, their serious

political differences. The Trusteeship Council strikes at the evils of

imperialism and if properly used will prepare colonial and dependent

areas and peoples for self-government while protecting and pro-

moting their interests. Fortunately, these four last organs are not



74 OUR WAY TO PEACE

dominated by the big Powers, and full rein is given to intelligent

leadership which is not a monopoly of great states. n
.

And the Charter can be improved. Against the gloomy expectations

of even well-informed men, the original plan for a world organization

was improved at San Francisco. Those improvements were a testimony

of the influence of well-directed, articulate public opinion on the

leaders of nations. More improvements can be made, if the people

are so determined, by the General Conference that probably will be

held in ten years for the purpose of reviewing and revising the Charter.

Some of the defects are already apparent; experience will disclose

others. The removal of these serious flaws and the gradual improve-

ment of the Charter should be the concern of all who sincerely hope

to see an organized community of free nations with their freedom

established under law. No responsible individual is free to ignore

the tremendous challenge before us. On all states and on all peoples

there lies the duty in the words of Pius XII:

... of doing everything to ban wars of aggression, once and for all time,

as legitimate solutions of international disputes and as a means of realiz-

ing national aspirations. That duty brooks no delay, no procrastination,

no hesitation, no subterfuge.

Many attempts in this direction have been seen in the past. They all

failed. And they will all fail always, until the saner section of mankind

has the firm determination, the holy obstinacy, like an obligation in

conscience, to fulfill this mission which past ages have not undertaken

with sufficient gravity and resolution.

If a generation has ever had to appreciate in the depths of its conscience

the call: “War on war,” it is certainly the present generation.

No nation on this earth is in a more favorable position to take the

lead in this generation’s mission than the United States. The peoples

of the United Nations are determined “to save succeeding generations

from the scourge of war, which twice in our lifetime has brought

untold sorrow to mankind, and to reaffim 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 ...” Whether

this noble determination is successful depends in a large part on the

leadership of our nation under the Charter.



IN THE ATOMIC AGE 75

CHARTER
of The United Nations

We the peoples of the United Nations determined
to save succeeding generations from the scourge of war, which twice in our life-

time 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

neighbors, and

to unite our strength to maintain international peace and security, and

to insure, 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 measured 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 princi-

ple of equal rights and self-determination of peoples, and to take other appropriate

measures to strengthen universal peace;

3. To achieve international cooperation 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 with-

out distinction as to race, sex, language, or religion; and



76 OUR WAY TO PEACE
4.

To be a center 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 re-

sulting from membership, shall fulfil 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 en-

dangered.

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 en-

forcement measures under Chapter VII.

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 January 1, 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.



IN THE ATOMIC AGE 77

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 the principal organs of the United Nations: a

General Assembly, a Security Council, an Economic and Social Council, a Trustee-

ship 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 1 1

1. The General Assembly may consider the general principles of cooperation

in the maintenance of international peace and security, including the principles



78 OUR WAY TO PEACE

governing disarmament and the regulation of armaments, and may make recom-

mendations 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 situa-

tions 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 situa-

tion 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.

Articles 13

1. The General Assembly shall initiate studies and make recommendations for

the purpose of:

a. promoting international cooperation in the political field and encouraging

the progressive development of international law and its codification;

b. promoting international cooperation in the economic, social, cultural, edu-

cational, 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.

2. 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

Chairter setting forth the Purposes and Principles of the United Nations.



IN THE ATOMIC AGE 79

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 inter-

national 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 appor-

tioned 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 con-

tributions 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.



80 OUR WAY TO PEACE

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 neces-

sary for the performance of its functions.

Chapter V

The Security Council

COMPOSITION

Article 23

1. The Security Council shall consist of eleven 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 Assembly

shall elect six 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 inter-

national 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, however,

three 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 mainte-

nance 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 re-

ports to the General Assembly for its consideration.



IN THE ATOMIC AGE 81

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 establish-
ment 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 seven members.

3. Decisions of the Security Council on all other matters shall be made by an

affirmative vote of seven 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 con-

tinuously. Each member of the Security Council shall for this purpose be repre-

sented 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.



82 OUR WAY TO PEACE

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 i

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 3S

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 pro-

visions 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



IN THE ATOMIC AGE 83

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 pro-

visional 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 com-

plete or partial interruption of economic relations and of rail, sea, air, postal,

telegraphic, radio, and other means of communications, 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 mainte-

nance 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.



84 OUR WAY TO PEACE

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 fulfillment 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, Mem-

bers 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 41

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 employ-

ment 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

subcommittees.
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.



IN THE ATOMIC AGE 85

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-defense if an armed attack occurs against a Member of the United

Nations, until the Security Council has taken the measures necessary to maintain

international peace and security. Measures taken by Members in the exercise

of this right of self-defense 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 arrange-

ments 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 con-

stituting 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 arrange-

ments 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.



86 OUR WAY TO PEACE

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 Cooperation

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:

a. higher standards of living, full employment, and conditions of economic and

social progress and development;

b. solutions of international economic, social, health, and related problems; and

international cultural and educational cooperation; and

c. 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 cooperation

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 pro-

visions 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 coordination 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.



IN THE ATOMIC AGE 87

Chapter X

The Economic and Social Council

COMPOSITION

Article 61

1. The Economic and Social Council shall consist of eighteen Members of the

United Nations elected by the General Assembly.

2. Subject to the provisions of paragraph 3, six 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, eighteen members of the Economic and Social Council

shall be chosen. The term of office of six members so chosen shall expire 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 representa-

tive.

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 coordinate the activities of the specialized agencies through consulta-

tion 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.



88 OUR WAY TO PEACE

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 particu-

lar 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 77

The Economic and Social Council may make suitable arrangements for con-

sultation with non-governmental organizations which are concerned with matters

within its competence. Such arrangements may be made with international organ-

izations 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.



IN THE ATOMIC AGE 89

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:

a. 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;

b. 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;

c. to further international peace and security;

d. to promote constructive measures of development, to encourage research,

and to cooperate with one another and, when and where appropriate, with special-

ized international bodies with a view to the practical achievement of the social,

economic, and scientific purposes set forth in this Article; and

e. to transmit regularly to the Secretary-General for information purposes, sub-

ject 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 metro-

politan areas, must be based on the general principle of good-neighborliness, 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 trustee-

ship 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.



90 OUR WAY TO PEACE

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:

a. to further international peace and security;

b. 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 circum-

stances 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;

c. to encourage respect for human rights and for fundamental freedoms for all

without distinction as to race, sex, language, or religion, and to encourage recog-

nition of the interdependence of the peoples of the world; and

d. 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 attain-

ment 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 cate-

gories as may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the

Second World War; and

c. 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 of existing inter-

national 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



IN THE ATOMIC AGE 91

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 agree-

ments 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 educa-

tional 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 defense 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 exer-

cised by the General Assembly.

2. The Trusteeship Council, operating undqr 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:

a. those Members administering trust territories;



92 OUR WAY TO PEACE

b. such of those Members mentioned by name in Article 23 as are not ad-

ministering trust territories; and

c. 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 Trustee-

ship 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 quali-

fied 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:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering

authority;

c. provide for periodic visits to the respective trust territories at times agreed

upon with the administering authority; and

d. 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.



IN THE ATOMIC AGE 93

Chapter XIV

The Internationa! 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.

2. 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 Organ-

ization 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 93

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



94 OUR WAY TO PEACE

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 Organiza-

tion.

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
j

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 fulfillment

of its purposes.



IN THE ATOMIC AGE 95

Article 105

1. The Organization shall enjoy in the territory of each of its Members such

privileges and immunities as are necessary for the fulfillment 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 connection with the Organization.

3. The General Assembly may make recommendations with a view to determin-

ing 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, October 30, 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 seven 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



96 OUR WAY TO PEACE

of the conference shall take effect when ratified in accordance with their re-

spective 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.



MAJOR TRENDS
IN

AMERICAN CHURCH HISTORY

By

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, S.J.

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