Page 172 - Law of Peace, Volume ,
P. 172

Pam 27-161-1

                                                       CHAPTER 9
                                        INTERNATIONAL ORGANIZATIONS


                                             Section I. THE UNITED NATIONS 1
            9-1.  The Beginnings of the United Nations. The United   the  conference was  between  the representatives  of  the
           Nations represents the second attempt on the part of the   U.S.S.R., the United  Kingdom,  and  the United  States
           states of the world to organize themselves into a true com-   from  August  21  to  September  28,  1944.  The second
           munity of  states, wherein the security of each member   phase  was  between  the  representatives  of  China,  the
           would be safeguarded not by itself alone but by the whole   United Kingdom, and the United States from September
           community.  The fust  attempt  at  such  a  goal  was  the   29 to October 7. This splitting of the conference served to
           League of Nations. With the start of World War I1 there   respect U.S.S.R.  neutrality in the war  against Japan. On
           was general agreement that the League experiment was a   February 11, 1945 the conference made the following an-
           failure. However, such a realization did not amount to an   nouncement:
           abandonment of the idea of an international organization   We have agreed  that a conference of United Nations
           to ensure world  security. The reverse was  true. On  12   should be called to meet at San Francisco in the United
           June 1941 Great Britain,  Canada,  Australia, New  Zea-  States  on  the  twenty-fifth  April  1945,  to  prepare  the
           land, the Union of South Africa, and a number of Euro-   charter of such an organization, along the lines proposed
           pean  governments-in-exile issued  the London Declara-   in the informal conversations of Dumbarton Oaks.
           tion. The Declaration declared that:                 Fi nations answered the invitation of the Big  Four to
           The  only  true  basis  of  enduring  peace  is  the  willing   meet  at  San  Francisco.  These  nations  worked  on  the
           cooperation of free peoples in a world in which, relieved of   Dumbarton Oaks  proposals  from  25  April  to  26  June
           the menace of  aggression,  all may  enjoy economic and   1945.  From  this  conference came  the  Charter of  the
           social security.                                      United Nations and the Statute of the new International
                                                                Court  of  Justice.  The  United  Nations  Charter  is  a
           The theme was repeated a few months later in the Atlantic
           Charterof 14 August 1941. In it the United States and the   multilateral treaty. The United Nations organization cre-
           United Kingdom stated:                               ated by the treaty is an international person, independent
             Clause C. After the frnal destruction of Nazi tyranny,   of  its members,  possessing  sufficient international per-
                                                                sonality to enable it to fulfill its purposes. *
           we hope to see established a peace which will afford to all
           nations the means of dwelling in safety within their own   While the United Nations started out with fifty members,
           boundaries,  and which will afford assurance that all the   its membership has increased along with  the increasing
           men in all the lands may live out their lives in freedom   number of nations which make up the world community.
           from fear and want.                                  During the 1976 fall session of  the General Assembly,
                                                                membership had expanded to 145 nations, and plans were
           There was nothing specific in either the London Declara-
                                                                made @build facilities for a future membership of 170na-
           tion  or  the  Atlantic  Charter about  the  mechanics  of
                                                                tions. The Charter has been amended two times. First, in
           preserving peace among the states following the end of the
                                                                1963 Articles 23 and 27 were amended changing the size
           war. This was left to the Moscow Declaration of Decem-
                                                                and membership of the Security Council. Then, in  1973
           ber 1943. In it China, the United States, United Kingdom
                                                                Article 61 was amended changing the size of the Econom-
           and U.S.S.R.  stated:
                                                                ic and Social Council. Both changes were made in view of
           We recognize the necessity of establishing at the earliest   the expanding membership of the United Nations.
           practicable  date  a  general  international  organization,   9-2.  The Structure of  the United Nations.  The United
           based  on  the principle  of  the sovereign equality of  all   Nations is divided into six organs:
           peace-loving states, and open to membership by all such   1.  The Secretariat
           states, large and  small, for  the maintenance of interna-   2.  The Security Council
           tional peace and security.
           This was the fust positive announcement of the intention   1.  For information on the steps which led to the adoption of the
           to establish a new collective security organization after the   United  Nations Charter see Everymn's  United Nations, 2-9  (7th ed.
           war. It amounted to an abandonment of the League. At   1964),  and Goodrich & Hambro,  Charter of the  United Nations, 3-84
                                                                (2d.  ed.  (1949)).  The Text  of  The Charter  may  be  found in  DA
           the time of the Moscow Declaration in 1943 the League   Pamphlet 27-24, Selected International Agreements, Vol. I1 @ec.  1976),
           was  still  in  existence,  though  not  functioning.  The   pp. 3-1 to 3-21.
           League, after the Moscow Declaration, had no part to play   2.  On the international personality of the United Nations Organiza-
           in the postwar world.                                tion see the advisory opinion of the International Court of Justice on 11
                                                                April 1949, concerningReparations for LqiUries SufTered in the Senrice
           At Dumbarton Oaks, Washington DC, in 1944 the four
                                                                of the United Nations (1949)  I.C.J. Rep. 174. The U.N. Organkation is
           signers of  the  Moscow  Declaration met  to  draw  up  a   given personality for itsactivities within member states by virtue of arti-
           detailed plan for the new organization. The first phase of   cles 104 and 105 of the Charter.
   167   168   169   170   171   172   173   174   175   176   177