International Court Chapter XIV. International Court
Introduction 3
1. Concept of sources international law 4
2. Types and correlation of sources of private international law 8
2.2 International treaties 17
2.3 Judicial precedents 19
2.4 Legal customs and practices as regulators of relations in the field of private international law 22
Conclusion 26
References 27
Introduction
Currently, the sources of law in the legal-technical sense in the general theory of law are usually understood as a set of forms and means of external expression and consolidation of legal norms. In other words, these are the ones national laws, subordinate regulatory legal documents, international treaties and acts of unwritten law, which contain rules governing international non-interstate non-governmental relations.If we summarize all the opinions that have been and are being expressed today in the literature on private international law regarding the types of sources of international private law, then their list should include:
Domestic legislation of states;
International treaties;
Judicial precedents;
International and domestic legal customs and business customs;
Legal doctrine;
Law created by the participants in public relations themselves.
However, in our opinion, not all of the categories listed above can really be classified as sources of private international law. Therefore, without going into details of the characteristics of their content, let us first dwell on the analysis of the essential basis and ability of these entities to directly regulate non-power relations in the international sphere by legal means.
The purpose of the work is to study the sources of private international law.
The objectives of the work are to characterize the concept as a source of international law;
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1. The concept of sources of international law
The term “sources of law” is used in two meanings - material and formal. Material sources refer to the material conditions of society. Formal sources of law are those forms in which the rules of law find their expression. Only formal sources of law are a legal category and form the subject of study of legal sciences, including international law. The sources of international law can also be understood as the results of the rule-formation process.
Article 38 of the Statute of the International Court of Justice contains a list of sources of international law on the basis of which the Court must resolve disputes submitted to it. These include:
a) international conventions, both general and special, laying down rules expressly recognized by the disputing States;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) the judgments and doctrines of the best qualified experts in the public law of various nations, as an aid to the determination of rules of law.
General international conventions are understood as treaties in which all states participate or may participate and which contain rules that are binding on the entire international community, that is, rules of general international law. Special agreements include agreements with a limited number of participants, for which the provisions of these agreements are mandatory.
An international custom, constituting a norm of international law, can become such a rule of behavior of subjects of international law, which was formed as a result of repeated homogeneous actions and is recognized as a legal norm.
Repetition of actions presupposes the duration of their completion. But international law does not establish what period is necessary for the formation of a custom. With modern means of transport and communication, states can quickly learn about each other’s actions and, reacting accordingly, choose one or another course of behavior. This has led to the fact that the time factor no longer plays, as before, an important role in the process of the birth of a custom.
Decisions of international organizations expressing the agreed positions of states can be the starting point for the formation of a custom.
With the emergence of a rule of behavior, the process of formation of a custom does not end. Only recognition by states as a legal norm turns this or that rule of behavior of states into custom.
Customary rules have the same legal force as treaty rules.
Qualifying a rule of conduct as a custom is a complex issue. Unlike contractual norms, custom is not formalized by any single act in writing. Therefore, to establish the existence of custom, auxiliary means are used: judicial decisions and doctrines, decisions of international organizations and unilateral acts and actions of states.
Judicial decisions that are ancillary means include decisions of the International Court of Justice and other international judicial and arbitration bodies. When submitting a dispute to the International Court of Justice or other international judicial bodies, states often ask them to establish the existence of a customary rule binding on the disputing parties.
The International Court of Justice in its practice did not limit itself to stating the existence of customs, but gave them more or less clear formulations. As an example, we can cite the decision of the International Court of Justice on the Anglo-Norwegian fisheries dispute of 1951, which contained, in particular, the definition of a customary rule, according to which coastal states could use straight lines as a baseline for measuring the width of territorial waters.
In some cases, judicial decisions may give rise to a customary rule of international law.
In the past, the works of eminent scholars of international law have often been considered as sources of international law. At present, it is also impossible to exclude the importance of the doctrine of international law, which in some cases helps to clarify certain international legal provisions, as well as the international legal positions of states. In particular, disputing parties sometimes use the opinions of experts on various issues of international law in their documents submitted to international judicial bodies 1 .
Ancillary means for determining the existence of a custom are unilateral actions and acts of states. They can act as evidence of recognition of a particular rule of behavior as a custom. Such unilateral actions and acts include internal legislation and other regulations. International judicial bodies often resort to references to national legislation to confirm the existence of a customary rule.
Official statements by heads of state and government, other representatives, including in international bodies, as well as delegations at international conferences can also serve as such evidence.
Joint statements of states (for example, communiques following negotiations) can be considered an auxiliary means for determining custom.
Despite the intensive process of codification of international law, the importance of custom in international life remains. The same international relations can be regulated for some states by treaty norms, and for others - by customary norms 2 .
Story
Permanent Court of International Justice
The first international judicial body designed for the peaceful resolution of disputes was the Permanent Court of International Justice (PCIJ), established in 1920 under the auspices of the League of Nations.
The Chamber was created and financed by the League of Nations, however, the Chamber was not part of the League, and its Statute was not part of the League Statute. A state that became a member of the League did not automatically become a party to the PCIP statute. On the other hand, several hundred treaties have been signed providing for the jurisdiction of the PCIJ over disputes related to these treaties.
Between 1922 and 1940, the PCIJ decided on 29 state disputes and issued 27 advisory opinions, almost all of which were implemented. The Chamber also made significant contributions to the development of international law. Its activities were interrupted by the Second World War, and then, in 1946, along with the League of Nations, the Chamber was dissolved. The Chamber's successor was the International Court of Justice.
Establishment of the International Court of Justice
At this Conference it was decided to create a new judicial body which, in accordance with the finally adopted Article 92 of the Charter of the United Nations, “shall be the principal judicial organ of the United Nations” and shall act in accordance with its Statute. In accordance with the same provision, the Statute of the International Court of Justice, annexed to the Charter of the United Nations, forms an integral part of the Charter. The Statute was adopted unanimously, together with the Charter, at the conclusion of the Conference on June 25, 1945, and entered into force in accordance with Article 110, paragraph 3, of the Charter on October 24, 1945.
The Court met for the first time on April 3, 1946 at the Peace Palace and on April 6 elected its President, Vice-President and Secretary. The first President of the Court was Judge José Gustavo Guerrero (El Salvador), who served as President of the PCIJ until its dissolution. On April 18, 1946, the International Court of Justice held its first public meeting.
UN Charter of the International Court of Justice
The UN Charter contains Chapter XIV "International Court", consisting of five articles (Articles 92 - 96), which define the most important general provisions relating to the Court.
Article 92 states:
The International Court of Justice is the main judicial organ of the United Nations. It operates in accordance with the annexed Statute, which is based on the Statute of the Permanent Court of International Justice and forms an integral part of this Charter.
Article 93 paragraph 1 determines that all UN member states are ipso facto parties to the statute of the Court. This is a significant difference from the state of affairs that existed under the League of Nations, when a member state of the League could not be a party to the PPIP statute.
According to Article 93 paragraph 2, a state that is not a member of the UN can also become a party to the statute under conditions that are determined in each individual case by the General Assembly on the recommendation of the Security Council.
Article 94 obliges states to comply with the decisions of the Court in cases to which they are parties. In cases where any party to a case does not comply with a decision of the Court, the other party may appeal to the Security Council, which in turn may make recommendations or take measures to enforce the decision.
Article 96 gives the General Assembly and the Security Council the right to request advisory opinions from the International Court of Justice for any legal matter. Other UN bodies and specialized organizations that have received appropriate permission from the General Assembly may also request advisory opinions, but only on such legal issues that arise within their scope of activity.
Structure and composition of the Statute
The statute is divided into 5 chapters and contains a total of 70 articles.
The statute begins with Article 1, proclaiming:
The International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, shall be constituted and act in accordance with the following provisions of this Statute.
The remaining 69 articles are grouped in 5 chapters:
- Chapter I: Organization of the court (Articles 2-33)
- Chapter II: Competence of the court (Articles 34-38)
- Chapter III: Legal proceedings (Articles 39-64)
- Chapter IV: Advisory Opinions (Articles 65-68)
- Chapter V: Amendments (Articles 69-70).
CHAPTER I: Organization of the Court
Articles 2 to 33 of the Statute regulate the organization of the Court.
The court consists of 15 members, and “it cannot include two citizens of the same state.” Nominations of candidates are made not by states, but by national groups of the Permanent Court of Arbitration. Elections of members of the Court are carried out independently by the General Assembly and the Security Council of the Court.
Judges are elected for 9 years and can be re-elected (Article 13). They are not allowed to perform any political or administrative duties and “may not devote themselves to any other occupation of a professional nature.” In the performance of their judicial duties, judges enjoy diplomatic privileges and immunities. The Court elects its President and Vice-President for three years; they may subsequently be re-elected (Article 21).
The seat of the Court is established in The Hague, but the Court is not prohibited from “sitting and performing its functions in other places in all cases where the Court finds it desirable” (Article 22). The court may sit either as a whole or in chambers of three or more judges.
Article 31 contains provisions regarding the right of a party (the State) to be represented before the Court by a judge of its nationality. If the Court already contains judges who are citizens of both sides, then these judges “retain the right to participate in hearings on the case pending before the Court.” If there is no judge on the Court who has the nationality of one of the parties, then she has the right to elect a judge to participate in the case. Judges elected in this way “participate in decision-making on equal terms with their colleagues.”
Article 32 regulates matters relating to the salaries of the members of the Court and its President, Vice-President and Registrar, and Article 33 stipulates that the expenses of the Court shall be borne by the United Nations.
CHAPTER II: Competence of the Court
Articles 34-38 of the Statute regulate the competence of the Court.
Article 34 establishes general position, according to which only states can be parties to a case before the court. From here, in particular, it follows that the UN has no right to make complaints before its main judicial body.
Article 36 regulates the jurisdiction of the Court in specific disputes. Paragraphs 1 and 2 of this article indicate three ways in which a case can be initiated in the Court. These include:
- Initiation of a case by agreement of the parties.
- Initiation of a case on the basis of a previously concluded agreement providing for the referral of disputes of a certain category to the Court through a unilateral application of one of the parties.
- The initiation of proceedings on the basis of an application by a state party to the Statute of the Court to recognize the jurisdiction of the Court as compulsory in relation to any other state that has undertaken the same obligation.
At the same time, Article 36, paragraph 6 of the Statute explains that “in the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.”
Article 38, which is considered one of the most important in the Statute, in paragraph 1 indicates the sources of law applied by the court. In addition to them, Art. 38, paragraph 2 gives the Court the right to “resolve the case ex aequo et bono if the parties agree.”
CHAPTER III: Legal proceedings
The articles of the chapter define the procedures and order of legal proceedings. French and English are established as the official languages of the Court (Article 39, paragraph 1). However, at the request of any party, the Court is obliged to grant it the right to use a language other than French and English (Article 39, paragraph 3).
Hearings in the Court are held in public unless “there is a different decision of the Court or unless the parties request that the public not be admitted” (Article 46), and deliberations of the Court are closed from the public and kept secret (Article 54, paragraph 3) . At the same time, “all issues are resolved by a majority vote of the judges present” (Article 55, paragraph 1), and in the event of a tie in the number of votes, “the voice of the Chairman or his replacement Judge gives an advantage” (Article 55, paragraph 1).
Article 60 states that the decision of the Court is final and not subject to appeal. At the same time, it is permissible to appeal to the Court with a request to review the decision, but “only on the basis of newly discovered circumstances, which by their nature can have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party asking for the decision.” review, subject to the indispensable condition that such ignorance was not the result of negligence” (Article 61, paragraph 1). A request to reconsider the case must be submitted before the expiration of a six-month period after the discovery of new circumstances (Article 61, paragraph 4); in any case, the possibility of filing a request is limited to ten years from the date of the decision (Article 61, paragraph 5).
Article 41 stands out among other articles due to its content Chapter III, touching on a question more important than a question of procedure. This article gives the Court the power to indicate “provisional measures to be taken to secure the rights of each of the parties” with immediate communication of the proposed measures to the attention of the parties and the Security Council.
CHAPTER IV: Advisory Opinions
Articles 65 to 68 provide guidance as to what may be the subject of advisory opinions of the Court. Article 65 states the general principle that "the Court may give advisory opinions on any legal question upon the request of any institution authorized to make such requests by or under the Charter of the United Nations."
CHAPTER V: Amendments
Articles 69 and 70, which make up Chapter V, deal with amendments to the Charter. Since the Statute constitutes an integral part of the UN Charter, Art. 69 determines that amendments to the Statute are introduced in the same manner as amendments to the Charter. In addition, taking into account that states that are not members of the UN may be parties to the Statute, Art. 69 states that the procedure for amending the Statute is subject to all rules established in relation to these states by the General Assembly.
Notes
Comments
- ipso facto (lat. ipso facto - literally “by the fact itself”) - by virtue of the fact itself, by virtue of this alone or by itself.
- This was exactly the situation in the USSR from 1934 to 1939.
- Before becoming members of the UN, Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956) and Nauru (1988- 1999). As of 2014, only UN member states are parties to the Statute.
- Currently, the right to request advisory opinions is granted to three bodies (Economic and Social Council, Trusteeship Council and Intersessional Committee of the General Assembly) and 16 UN agencies (UNESCO, International Labor Organization, World Health Organization, World Bank, International Civil Aviation Organization and etc.).
- Such judges are usually called judges ad hoc.
- ex aequo et bono - in fairness. That is, in this case, when making a decision, the Court is not bound by the rules of law, but is guided by considerations of fairness and common sense
international court of justice(one of the six main organs of the United Nations, established by the UN Charter to achieve one of the main purposes of the UN "to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations which may lead to a breach of the peace."
The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:
It is generally accepted that the sources of modern international law are listed in paragraph 1 of Article 38 of the Statute of the International Court of Justice, which reads:
In addition to its judicial function, the International Court of Justice has an advisory function. According to Article 96 of the UN Charter, the General Assembly or the Security Council may request advisory opinions from the International Court of Justice on any legal matter. In addition, other UN organs and specialized agencies, which the General Assembly may at any time authorize to do so, may also request advisory opinions from the Court. Sources of law applied by the Court
d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as an aid to the determination of rules of law.
The Court operates in accordance with the Statute, which is part of the UN Charter, and its Rules of Procedure.
Statute of the International Court of Justice and sources of international law.
on legal issues arising within their scope of activity.
Article 38 of the UN Court of Justice Statute
The average duration of a case in court is approximately 4 years.
To be elected, a candidate must receive an absolute majority of votes in both bodies. To ensure continuity within the Court, the terms of office of the 15 judges do not all expire at the same time. Every three years elections are held for one third of the members of the Court.
The Court has a dual function: deciding, in accordance with international law, legal disputes submitted to it by States, and issuing advisory opinions on legal questions. According to Article 96 of the UN Charter, the UN General Assembly or the UN Security Council may request advisory opinions from the International Court of Justice on any legal matter.
The International Court of Justice is composed of 15 independent judges, selected regardless of their nationality, from among persons of high moral character who meet the requirements in their countries for appointment to the highest judicial positions or are jurists of recognized authority in the field of international law.
3. Egorov A.A. Recognition and execution of court decisions of the countries participating in the Minsk Convention of the CIS // Legislation and Economics. 1998. No. 12 (178).
1. Danilenko G.M. Custom in modern international law. M.. Science, 1988.
2. Vinnikova R.V. Implementation of international law in the arbitration process of the Russian Federation: Author's abstract. . Ph.D. legal Sci. Kazan, 2003.
In general, the problem of customary rules of international law is one of the most difficult theoretical problems of international law. That is why the question of customary rules of international law has been the subject of constant attention of specialists for centuries.
Give 2 - 3 examples of international customs and establish the fact of their recognition by the Russian Federation, using, if possible, the practice of states or any indirect signs confirming it: foreign policy documents, government statements, diplomatic correspondence, a description of a customary norm in national legislation, certain actions indicating availability of requirements in connection with; non-compliance with a custom, lack of protests against actions that constitute a custom.
What international custom - universal or local - are we talking about in this case? Can a custom consist of a set of international norms? What is meant by proof of the existence of a custom?
II. In January 2002, the Arbitration Court of the Tyumen Region received court documents and a petition from the Economic Court of the Mogilev Region (Republic of Belarus) to recognize and authorize the forced execution on the territory of Russia of the decision of this court to collect sums of money to the budget of the Republic of Belarus from a closed joint-stock company located in Tyumen. Among the documents to the Russian arbitration court a writ of execution was presented from the court that made the relevant decision.
2) sanctioning by the state of such practice, namely: the rules of conduct arising on its basis.
III. Compose 5 test tasks (10 questions each), covering all topics of the International Law course. As applications, provide the correct answer options for your tests.
Treaty and custom are universal sources whose legal force derives from general international law; law-making decisions of organizations is a special source, the legal force of which is determined by the constituent act of the relevant organization.
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5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.
3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.
1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.
3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
International Court of Justice
1. Official languages The ships are French and English. If the parties agree to conduct the case on French, the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.
6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.
The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.
6. Judges elected as provided in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on equal terms with their colleagues.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
In carrying out its advisory functions, the Court, in addition to the above, shall be guided by the provisions of this Statute relating to controversial cases, to the extent that the Court recognizes them as applicable.
1. For the service of all notices to persons other than representatives, attorneys and lawyers, the Court shall apply directly to the government of the state in whose territory the notice is to be served.
The International Court of Justice also considered cases related to the jurisdiction of states, i.e. cases related to the exercise by the state of its power in relation to foreign citizens on its territory or over its citizens on the territory of a foreign state. They usually relate to issues of nationality, the right to asylum or immunity.
Since the beginning of its existence, the Court has considered more than a dozen cases on the protection of private and commercial interests. In the 1950s, Liechtenstein made a claim to Guatemala on behalf of Riedrich Nottebohm, a former German citizen who became a Liechtenstein citizen in 1939.
Throughout its history, the Court has experienced periods of vigorous activity and relative inactivity. Since 1985, the number of cases brought before the Court has increased, with more than a dozen cases on its docket each year (this number increased sharply to 25 in 1999). This figure may seem modest, but it should be remembered that since the number of potential litigants is much smaller than in national courts (only about 210 states and international organizations have access to the Court), the number of cases is naturally small compared to the number of cases considered by national courts.
Repetition of actions presupposes the duration of their completion. But international law does not establish what period is necessary for the formation of a custom. With modern means of transport and communication, states can quickly learn about each other’s actions and, reacting to them accordingly, choose one or another mode of behavior. This has led to the fact that the time factor no longer plays, as before, an important role in the process of the birth of a custom.
In addition, the Court has delimited continental shelves on several occasions, for example in the following cases: Tunisia/Libya and Libya/Malta (Continental Shelf, 1982 and 1985); Canada/United States (Maritime Delimitation of the Gulf of Maine, 1984); and Denmark v. Norway (Maritime Delimitation between Greenland and Jaan Mayen, 1993).
In 1992, another Chamber constituted by the Court put an end to a 90-year dispute between El Salvador and Honduras over land and maritime boundaries and boundaries between islands. In 1969, tensions over the dispute were so intense that a soccer match between the two countries' teams in the World Cup led to a short but bloody "football war."
International Court of Justice
The International Court of Justice in its practice was not limited to stating the existence of customs, but gave them more or less clear formulations. As an example, we can cite the decision of the International Court of Justice on the Anglo-Norwegian fisheries dispute of 1951, containing, in particular, the definition of a customary rule, in accordance with in which coastal states could use straight lines as a baseline for measuring the width of territorial waters.
Ancillary means for determining the existence of a custom are unilateral actions and acts of states. They can act as evidence of recognition of a particular rule of behavior as a custom. Such unilateral actions and acts include internal legislation and other regulations. International judicial bodies often resort to references to national legislation to confirm the existence of a customary rule.
In some cases, judicial decisions may give rise to a customary rule of international law.
· general principles of law recognized by civilized nations;
In the practice of the court, there were also cases concerning the intervention of one state in the affairs of another, and the use of force.
The International Court of Justice's docket has grown significantly over lately. The year 1992 was a record year in this regard: 13 cases were registered.
What is meant in Art. 38 of the Statute of the International Court of Justice under “the general principles of law recognized by civilized nations” is still unclear. In the theory of international law there is no clear answer to this question, however, most international lawyers are inclined to believe that these are “legal maxims” known since the time of Emperor Justinian, for example: “a subsequent norm cancels the previous one,” “a special norm cancels a general one,” “ a norm with greater legal force cancels a norm with less force,” “an equal has no power over an equal,” etc.
Other scientists recognize not the basic principles of international law, but the principles of law in general, as general principles of law recognized by civilized nations. These provisions are the principles of the construction of international law, the basic ideas on which the functioning of both the international legal system and the legal systems of individual states is based.
Also, some scientists pay attention to the wording “civilized nations” and call it incorrect, since the criteria for “civilization” are not clear from judicial practice.
In accordance with Art. 94 of the UN Charter, members of the Organization undertake to comply with the decisions of the International Court of Justice in the case in which they are parties. If any party fails to fulfill the obligation imposed on it by a decision of the Court, the other party may appeal to the Security Council, which is empowered, in particular, to decide on the issue of taking measures to enforce the decision.
The doctrines of the most qualified specialists in the field of law can only serve as auxiliary means for determining the exact content of the positions of subjects of international law in the application and interpretation of international legal norms.
States and other subjects of international law, coordinating their will regarding the international rule of conduct, also decide on the form of implementation of this rule, i.e. about the source in which the norm will be recorded. At the same time, states are free to choose the form of consolidation of international legal norms.
Currently, as noted in the literature, in the practice of international communication, four forms of sources of international law have been developed: international treaty, international legal custom, acts of international conferences and meetings, resolutions of international organizations. Some scientists (for example, I.I. Lukashuk) call the last two sources “international “soft” law,” which means the absence of the property of legal binding.
Statute of the International Court of Justice in Art. 38 does not mention resolutions (decisions) of international organizations in the list of sources of international law. However, it must be borne in mind that the Statute is not a general legal document: it is functional in nature, enshrines the creation of an interstate institution - the International Court of Justice and establishes rules binding only for this institution.
According to the constituent documents (charters) of most intergovernmental organizations, the latter have the right to conclude international treaties, as well as regulate international relations through their resolutions.
According to the general theory of law, a legal act is understood as an appropriately formalized external expression of the will of the subjects of law. Legal acts varied and playful different role in international legal regulation.
Legal acts are characterized by the following features:
a) verbal and documentary form;
b) strong-willed character (record the will of the subject of law);
c) can act as sources of rules of law, acts of interpretation of law, acts of application of law, acts of implementation of the rights and obligations of subjects of law.
As for the legal nature and legal force of regulations of international organizations, this issue remains debatable and open. Both treaties and customs are based on the coordination of the wills of the participants in international relations who created them, and the regulations are a unilateral act international organization regulating, as a rule, disciplinary issues.
2. International treaty as
source of international law
Vienna Convention on Law international treaties 1969 defines a treaty as an international agreement concluded between States in writing and governed by international law, regardless of whether such agreement is contained in a single document, in two or more related documents, and regardless of its specific name.
Currently, the norms of international treaties occupy a central place in international law for certain reasons, among which are the following:
1) the creation of customary norms is a long process. Sometimes difficulties arise in establishing the exact content of a customary norm. The process of creating a treaty norm is not so long, and the will of the subjects of international law is more pronounced;
2) the procedure for concluding and executing contracts is developed and defined in detail (Conventions on the Law of International Treaties of 1969 and 1986);
3) the contractual form provides more opportunities for coordinating the wills of the subjects than any other.
These and other reasons determine the increasingly widespread use of the contractual process of creating international legal norms. Subjects of international law take into account the critical role of treaties in international relations and recognize the growing importance of treaties as a source of international law and a means of developing peaceful cooperation between states.
International treaties promote the development of international cooperation in accordance with the purposes of the Charter of the United Nations, which are defined in Art. 1 of the Charter as:
1) maintenance international peace and security and to take effective collective measures to this end to prevent and eliminate threats to the peace and suppress acts of aggression or other breaches of the peace and to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that may lead to breach of peace;
2) development of friendly relations between nations based on respect for the principle of equality and self-determination of peoples, as well as the adoption of other appropriate measures to strengthen world peace;
3) implementation of international cooperation in resolving international problems economic, social, cultural and humanitarian in nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.
International treaties also play an important role in protecting fundamental human rights and freedoms and ensuring the legitimate interests of states.
Currently, the Russian Federation is a party to approximately twenty thousand existing international treaties. The expansion of Russia's contractual ties with other countries has necessitated the improvement of domestic legislation regulating its conclusion of international treaties. One of the most important acts Russian legislation in this area is Federal law"On international treaties of the Russian Federation". It is based on the provisions of the 1993 Constitution of the Russian Federation and the customary rules of treaty law codified in the Vienna Conventions on the Law of Treaties (1969) and on the Law of Treaties between States and International Organizations or between International Organizations (1986).
CHARTER
United Nations*
Document with changes made:
.
____________________________________________________________________
________________
* An integral part The Charter is the Statute of the International Court of Justice (hereinafter, the asterisks indicate the notes of the drafters).
Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on December 17, 1963 and entered into force on August 31, 1965. Amendment to Article 109, adopted by the General Assembly on December 20, 1965, entered into force on June 12, 1968 .
The amendment to Article 23 of the Charter increases the number of members of the Security Council from eleven to fifteen.
Amended Article 27 provides that decisions of the Security Council on procedural matters are considered adopted when nine members vote for them (previously seven), and on all other matters when nine members vote for them (previously seven), including the concurring votes of five permanent members of the Security Council.
Amendment to Art. 61 increases the number of members of the Economic and Social Council from eighteen to twenty-seven. A subsequent amendment to this article, effective September 24, 1973, increases the number of Council members from twenty-seven to fifty-four.
The amendment to the first paragraph of Article 109 provides that the time and place of holding the General Conference of Member States for the purpose of revising the Charter are determined by two-thirds of the votes of the members of the General Assembly and the votes of any nine (previously seven) members of the Security Council.
Paragraph 3 of Article 109, which provides for the possibility of convening a conference to revise the Charter, was considered by the General Assembly and the Security Council at the tenth regular session of the General Assembly in 1955 and remained in its original wording: “by the votes of any seven members of the Security Council.”
WE ARE THE PEOPLE OF THE UNITED NATIONS,
determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold grief to humanity, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equality of men and women and in the equal rights of nations large and small, and to create conditions under which fairness and respect for obligations arising from contracts and other sources can be observed international law, and to promote social progress and better conditions of life in greater freedom, and for these purposes to practice tolerance and live together, at peace with each other, as good neighbors, and to unite our forces for the maintenance of international peace and security, and to provide for the adoption of principles and the establishment of methods, that armed forces be used only in common interests, and to use the international apparatus to promote the economic and social progress of all peoples, have decided to join our efforts to achieve these goals.
Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, presenting their full powers found in due form, have agreed to accept this Charter of the United Nations, and do hereby establish an international organization to be called the United Nations.
Chapter I. Goals and principles
Article 1
The United Nations has the following Objectives:
1. To maintain international peace and security and, to this end, to take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression or other breaches of the peace and to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations which may lead to a breach of peace;
2. To develop friendly relations between nations on the basis of respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen world peace;
3. To carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language, religion, and
4. Be a center for coordinating the actions of nations in achieving these common goals
Article 2
To achieve the Objectives specified in Article 1, the Organization and its Members act in accordance with the following Principles:
1. The Organization is based on the principle of sovereign equality of all its Members;
2. All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter in order to ensure to all of them collectively the rights and benefits arising from membership of the Organization;
3. All Members of the United Nations shall settle their international disputes by peaceful means in such a manner as not to endanger international peace and security and justice;
4. All Members of the United Nations 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 of the United Nations shall give it their full assistance in all actions taken by it in accordance with this Charter and shall refrain from providing 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 act in accordance with these Principles in so far as may be necessary for the maintenance of international peace and security;
7. This Charter does not in any way authorize the United Nations to intervene in matters essentially within the domestic jurisdiction of any State, nor require Members of the United Nations to submit such matters for determination under this Charter; however, this principle does not affect the application of enforcement measures under Chapter VII.
Chapter II. Members of the organization
Article 3
The original Members of the United Nations are the States which, having participated in the San Francisco Conference establishing the International Organization or having previously signed the United Nations Declaration of January 1, 1942, have signed and ratified this Charter in accordance with Article 110.
Article 4
1. Admission to Membership of the Organization is open to all other peace-loving States which accept the obligations contained in this Charter and which, in the judgment of the Organization, are able and willing to fulfill these obligations.
2. The admission of any such state to Membership of the organization shall be effected by resolution of the General Assembly on the recommendation of the Security Council.
Article 5
If preventive or coercive action has been taken by the Security Council against any Member of the Organization, the General Assembly has the right, on the recommendation of the Security Council, to suspend the exercise of the rights and privileges accruing to him as a Member of the Organization. The exercise of these rights and privileges may be restored by the Security Council.
Article 6
A Member of the Organization who systematically violates the principles contained in this Charter may be expelled from the Organization by the General Assembly on the recommendation of the Security Council.
Chapter III. Organs
Article 7
1. The main organs of the United Nations are established: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.
2. Subsidiary bodies that prove necessary may be established in accordance with this Charter.
Article 8
The United Nations places no restrictions on the rights of men and women to participate in any capacity or equal conditions in its main and subsidiary bodies.
Chapter IV. General Assembly
Article 9
1. The General Assembly consists of all Members of the Organization.
2. Each Member of the Organization has no more than five representatives in the General Assembly.
Article 10
The General Assembly is authorized to discuss any question or matter within the limits of this Charter or relating to the powers and functions of any of the organs provided for in this Charter, and, with the exceptions provided in Article 12, to make recommendations to Members of the United Nations or the Security Council or both Members and the Security Council on any such issues or matters.
Article 11
1. The General Assembly is authorized to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms regulation, and to make recommendations regarding these principles to the Members of the Organization or the Security Council or to both the Members and the Security Council.
2. The General Assembly is authorized to discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the Organization or the Security Council or by a State which is not a Member of the Organization, in accordance with paragraph 2 of Article 35, and with the exceptions provided in Article 12 , make recommendations in relation to any such matters to the State or States concerned or to the Security Council or to both the Security Council and the State or States concerned. Any such matter on which action is required shall be referred by the General Assembly to the Security Council before or after discussion.
3. The General Assembly may draw the attention of the Security Council to situations that could threaten international peace and security.
4. The powers of the General Assembly set forth in this article shall not limit general meaning Article 10.
Article 12
1. Whenever the Security Council is exercising the functions conferred on it by this Charter in relation to any dispute or situation, the General Assembly may not make any recommendations relating 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 of its sessions of all matters relating to the maintenance of international peace and security before the Security Council and shall likewise notify the General Assembly, and if the General Assembly is not in session, then Members of the Organization, immediately as soon as the Security Council ceases consideration of such issues.
Article 13
1. The General Assembly shall organize studies and make recommendations with a view to:
a) Assistance international cooperation in the political field and promoting the progressive development of international law and its codification;
b) Promoting international cooperation in the fields of economic, social, cultural, educational, health and promoting the implementation of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.
2. The further duties, functions and powers of the General Assembly in relation to the matters referred to in paragraph 1 b above are set out in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly is empowered to recommend measures for the peaceful settlement of any situation, whatever its origin, which, in the opinion of the Assembly, might prejudice the general welfare or friendly relations between nations, including situations arising from a violation of the provisions of this Charter setting out the Purposes and United Nations Principles.
Article 15
1. The General Assembly receives and considers annual and special reports of the Security Council; these reports must include an account of the measures for the maintenance of international peace and security that the Security Council has decided to take or has taken.
2. The General Assembly receives and considers reports from other organs of the Organization.
Article 16
The General Assembly performs in relation to the international trusteeship system such functions as are assigned to it by Chapters XII and XIII, including the approval of trusteeship agreements for non-strategic territories.
Article 17
1. The General Assembly considers and approves the budget of the Organization.
2. Members of the Organization shall bear its expenses according to the distribution established by the General Assembly.
3. The General Assembly shall examine and approve any financial and budgetary agreements with the 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.
Article 18
1. Each Member of the General Assembly has one vote.
2. Decisions of the General Assembly on important issues are taken by a two-thirds majority of the members of the Assembly present and voting. These matters include: recommendations concerning the maintenance of international peace and security, election of non-permanent members of the Security Council, election of members of the Economic and Social Council, election of members of the Trusteeship Council under Article 86(1c), admission of new Members to the United Nations, suspension of rights and privileges of Members of the Organization, exclusion from the Organization of its Members, matters relating to the operation of the guardianship system, and budgetary matters.
3. Decisions on other issues, including the definition of additional categories of issues that are subject to a two-thirds majority vote, are made by a simple majority of those present and voting.
Article 19
A Member of the Organization who is in arrears in the payment of monetary contributions to the Organization shall be deprived of the right to vote in the General Assembly if the amount of his arrears equals or exceeds the amount of contributions due from him for the previous two full years. The General Assembly may, however, permit such Member to vote if it accepts that the delay in payment was due to circumstances beyond its control.
Article 20
The General Assembly shall meet in regular annual sessions and in such special sessions as circumstances may require. Special sessions are convened by the Secretary General at the request of the Security Council or a majority of Members of the Organization.
Article 21
The General Assembly sets its own rules of procedure. It elects its Chairman for each session.
Article 22
The General Assembly is authorized to establish such subsidiary bodies as it deems necessary for the performance of its functions.
1. The Security Council consists of fifteen Members of the Organization. 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 are permanent members of the Security Council. The General Assembly elects ten other Members of the Organization as non-permanent members of the Security Council, giving due regard in particular to the degree of participation of Members in the maintenance of international peace and security and the other purposes of the Organization, and to equitable geographical distribution.
2. Non-permanent members of the Security Council are elected for a two-year term. At the first election of non-permanent members, following the expansion of the Security Council from eleven to fifteen, two of the four additional members are elected for a term of one year. A retiring member of the Security Council is not subject to immediate re-election.
3. Each member of the Security Council has one representative.
Article 24
1. To ensure the prompt and effective action of the United Nations, its Members assign to the Security Council the primary responsibility for the maintenance of international peace and security and agree that, in discharging its duties arising from this responsibility, the Security Council shall act on their behalf.
2. In discharging these responsibilities, the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council to carry out these responsibilities are set out in Chapters VI, VII, VIII and XII.
3. The Security Council submits annual reports and, as necessary, special reports to the General Assembly for consideration.
Article 25
Members of the Organization agree, in accordance with this Charter, to obey and implement the decisions of the Security Council.
Article 26
In order to promote the establishment and maintenance of international peace and security with the least possible distraction of the world's human and economic resources For the matter of armaments, the Security Council is responsible for formulating, through the Military Staff Committee referred to in Article 47, plans for the establishment of a system of arms regulation for submission to the Members of the Organization.
Article 27
1. Each member of the Security Council has one vote.
2. Decisions of the Security Council on matters of procedure are considered adopted when nine members of the Council vote for them.
3. Decisions of the Security Council on all other matters shall be deemed adopted when the affirmative votes of nine members of the Council, including the concurring votes of all permanent members of the Council, are cast, the party to the dispute being required to abstain from voting when a decision is taken under Chapter VI and under paragraph 3 of article 52.
Article 28
1. The Security Council shall be organized in such a way that it can function continuously. For this purpose, each member of the Security Council must be represented at all times at the seat of the United Nations.
2. The Security Council shall meet periodically, at which each of its members may, at his discretion, be represented either by a member of the government or by some other specially designated representative.
3. Meetings of the Security Council may take place not only at the seat of the Organization, but also in any other place that, in the opinion of the Council, is more conducive to 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 sets its own rules of procedure, including the procedure for electing its President.
Article 31
Any Member of the Organization which is not a member of the Security Council may take part, without the right to vote, in the discussion of any matter brought before the Security Council in all cases where the Security Council finds that the interests of that Member of the Organization are specifically affected.
Article 32
Any Member of the Organization which is not a member of the Security Council, or any State which is not a Member of the Organization, if it is a party to a dispute before the Security Council, shall be invited to participate, without the right to vote, in the deliberations relating to that dispute. The Security Council sets such conditions for the participation of a state that is not a Member of the Organization as it finds fair.
Chapter VI. Peaceful Dispute Resolution
PEACEFUL RESOLUTION OF DISPUTES
Article 33
1. The parties to any dispute, the continuation of which might endanger the maintenance of international peace and security, shall first endeavor to resolve the dispute by negotiation, inquiry, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of your choice.
2. The Security Council, when it considers it necessary, shall require the parties to resolve their dispute by such means.
Article 34
The Security Council is authorized to investigate any dispute or any situation which may give rise to international friction or give rise to a dispute, to determine whether the continuation of that dispute or situation is likely to threaten the maintenance of international peace and security.
Article 35
1. Any Member of the Organization may bring any dispute or situation of the nature specified in Article 34 to the attention of the Security Council or the General Assembly.
2. A State which is not a Member of the Organization may bring to the attention of the Security Council or the General Assembly any dispute to which it is a party if it has accepted in advance with respect to that dispute the obligations of the peaceful settlement of disputes provided for in this Charter.
3. The resolution of cases brought to its attention under this article by the General Assembly shall be subject to the provisions of articles 11 and 12.
Article 36
1. The Security Council shall have the power, at any stage of a dispute of the nature referred to in Article 33 or a situation of a similar nature, to recommend the appropriate procedure or methods of settlement.
2. The Security Council shall take into account any procedure for the settlement of this dispute which has already been adopted by the parties.
3. In making recommendations under this article, the Security Council also takes into account that disputes of a legal nature must, as general rule, be submitted by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1. If the parties to a dispute of the nature specified in Article 33 do not resolve it by the means specified in that Article, they shall refer it to the Security Council.
2. If the Security Council considers that the continuation of a given dispute might actually endanger the maintenance of international peace and security, it shall decide whether to act under Article 36 or to recommend such terms for the settlement of the dispute as it finds appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all parties to any dispute so request, make recommendations to the parties with a view to the peaceful resolution of that dispute.
Chapter VII. Actions regarding threats to the peace, breaches of the peace and acts of aggression
ACTIONS REGARDING THREATS TO PEACE, BREACHES OF PEACE AND ACTS OF AGGRESSION
Article 39
The Security Council determines the existence of any threat to the peace, any breach of the peace or act of aggression and makes recommendations or decides what measures should be taken in accordance with Articles 41 and 42 to maintain or restore international peace and security.
Article 40
To prevent the situation from worsening, the Security Council is authorized, before making recommendations or deciding to take measures under Article 39, to require the parties concerned to implement such temporary measures as it finds necessary or desirable. Such temporary measures must not prejudice the rights, claims or position of the parties concerned. The Security Council takes due account of the failure to comply with these temporary measures.
Article 41
The Security Council has the power to decide what measures, other than the use of military force, should be used to implement its decisions, and it may require Members to apply these measures. These measures may include complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations.
Article 42
If the Security Council considers that the measures provided for in Article 41 are likely to be insufficient or have already proven insufficient, it is authorized to take such action by air, sea or land forces as may be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other air, sea or ground forces Members of the Organization.
Article 43
1. All Members of the Organization, in order to contribute to the maintenance of international peace and security, undertake to place at the disposal of the Security Council, upon its request and in accordance with a special agreement or agreements, the armed forces, assistance and appropriate equipment necessary for the maintenance of international peace and security. facilities, including rights of way.
2. Such agreement or agreements shall determine the number and type of troops, their degree of readiness and their general disposition and the nature of the services and assistance provided.
3. Negotiations for the conclusion of an agreement or agreements are undertaken as soon as possible the shortest possible time on the initiative of the Security Council. They are concluded between the Security Council and the Members of the Organization or between the Security Council and groups of Members of the Organization and are subject to ratification by the signatory states in accordance with their constitutional procedure.
Article 44
When the Security Council has decided to use force, before requiring a Member not represented on the Council to provide armed forces in fulfillment of the obligations assumed by it under Article 43, the Security Council shall invite that Member, if the latter so desires, to take part in decisions of the Security Council regarding the use of contingents of the armed forces of a given Member of the Organization.
Article 45
In order to enable the United Nations to undertake urgent military action, Members of the Organization must maintain contingents of national air forces in a state of immediate readiness for joint international enforcement action. The number and degree of readiness of these contingents and the plans for their joint action shall be determined by the Security Council with the assistance of the Military Staff Committee within the limits specified in the special agreement or agreements referred to in Article 43.
Article 46
Plans for the use of armed forces are drawn up by the Security Council with the assistance of the Military Staff Committee.
Article 47
1. A Military Staff Committee shall be established to advise and assist the Security Council on all matters relating to the military requirements of the Security Council for the maintenance of international peace and security, the use and command of the troops placed at its disposal, as well as to arms regulation and eventual disarmament.
2. The Military Staff Committee consists of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the Organization not permanently represented on the Committee shall be invited by the Committee to cooperate with it if the effective performance of the duties of the Committee requires the participation of that Member in the work of the Committee.
3. The Military Staff Committee, being subordinate to the Security Council, is responsible for the strategic direction of any armed forces placed at the disposal of the Security Council. Issues relating to the command of such forces will have to be worked out later.
4. The Military Staff Committee may, with the permission of the Security Council and after consultation with the appropriate regional bodies, establish its own regional subcommittees.
Article 48
1. Actions required to carry out the decisions of the Security Council for the purpose of maintaining international peace and security shall be taken by all or some of the Members of the Organization, as the Security Council may determine.
2. Such decisions are implemented by the Members of the Organization directly, as well as through their actions in the relevant international institutions of which they are members.
Article 49
Members of the Organization must unite to provide mutual assistance in carrying out measures decided upon by the Security Council.
Article 50
If preventive or coercive measures are taken by the Security Council against any State, any other State, whether or not a Member of the Organization, which is faced with special economic problems arising from the implementation of the above measures shall have the right to consult the Security Council with a view to resolving such problems.
Article 51
This Charter shall in no way affect the inherent right of individual or collective self-defense should an armed attack occur on a Member of the Organization until such time as the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members of the organization in the exercise of this right of self-defense shall be immediately communicated to the Security Council and shall in no way affect the power and responsibility of the Security Council, in accordance with this Charter, to take at any time such action as it deems necessary. to maintain international peace and security.
Chapter VIII. Regional agreements
REGIONAL AGREEMENTS
Article 52
1. This Charter shall in no way prevent the existence of regional agreements or bodies for the settlement of such questions relating to the maintenance of international peace and security as are appropriate for regional action, provided that such agreements or bodies and their activities are compatible with the Objectives and Principles of the Organization.
2. Members of the Organization having entered into such agreements or constituting such bodies shall make every effort to achieve the peaceful settlement of local disputes through such regional agreements or such regional bodies before referring such disputes to the Security Council.
3. The Security Council shall encourage the development of the application of the peaceful resolution of local disputes through such regional agreements or such regional bodies, either on the initiative of the States concerned or on its own initiative.
4. This article does not in any way affect the application of articles 34 and 35.
Article 53
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By resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded
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1. The Security Council shall use, where appropriate, such regional agreements or bodies for enforcement action under its authority. However, no enforcement action shall be taken, by virtue of these regional agreements or by regional bodies, without authority from the Security Council, except for measures provided for in Article 107, against any enemy State as defined in paragraph 2 of this article, or measures provided for in regional agreements directed against the resumption of aggressive policies on the part of any such State until such time as the Organization, at the request of the Governments concerned, may be made responsible for preventing further aggression on the part of such State.
2. The term "enemy state", as used in paragraph 1 of this article, refers to any state which, during the Second World War, was an enemy of any of the states signatory to this Charter.
Article 54
The Security Council must at all times be kept fully informed of actions taken or proposed by regional agreements or by regional bodies to maintain international peace and security.
Chapter IX. International economic and social cooperation
INTERNATIONAL ECONOMIC
AND SOCIAL COOPERATION
Article 55
In order to create the conditions of stability and prosperity 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 promotes:
a) Raising the standard of living, full employment of the population and the conditions for economic and social progress and development;
b) Resolving international problems in the field of economic, social, health and similar problems; international cooperation in the field of culture and education;
c) Universal respect and observance of human rights and fundamental freedoms for all, without distinction of race, sex, language or religion.
Article 56
All Members of the Organization undertake to take joint and independent actions in cooperation with the Organization to achieve the goals specified in Article 55.
Article 57
1. Various specialized institutions created by intergovernmental agreements and clothed in a broadly international framework, defined in their constituent acts responsibilities in economic, social, cultural, educational, health and similar fields will be brought into contact with the Organization in accordance with the provisions of Article 63.
2. Such institutions, which will be brought into connection with the Organization in this manner, are referred to in the following articles as “specialized institutions”.
Article 58
Article 59
The Organization shall, if necessary, take the initiative to have interested States enter into negotiations on the establishment of any new specialized institutions that will be required to carry out the purposes specified in Article 55.
Article 60
Responsibility for the performance of the functions of the Organization specified in this Chapter rests with the General Assembly and, under the direction of the General Assembly, with the Economic and Social Council, which for this purpose is granted the powers specified in Chapter X.
ECONOMIC AND SOCIAL COUNCIL
Article 61
1. The Economic and Social Council consists of fifty-four Members of the Organization elected by the General Assembly.
2. Subject to the provisions set out in paragraph 3, eighteen members of the Economic and Social Council shall be elected annually for a term of three years. A retiring Council member may be re-elected immediately.
3. At the first election following an increase in the number of members of the Economic and Social Council from twenty-seven to fifty-four, twenty-seven additional members shall be elected in addition to the members elected to replace the nine members whose term of office expires at the end of a given year. The term of office of nine of the twenty-seven additional members so elected shall expire at the end of the first year, and the term of office of the other nine members at the end of the second year, as may be determined by the General Assembly.
4. Each member of the Economic and Social Council has one representative.
Article 62
1. The Economic and Social Council is authorized to undertake studies and draw up reports on international issues in the field of economic, social, cultural, educational, health and similar issues or to encourage others to do so, as well as to make recommendations on any of these issues to the General Assembly, Members of the organization and interested specialized agencies.
3. The Council is authorized to prepare for submission to the General Assembly draft conventions on matters within its competence.
4. The Council is authorized to convene, in accordance with the rules prescribed by the Organization, international conferences on issues within its competence.
Article 63
1. The Economic and Social Council is authorized to enter into agreements with any of the institutions referred to in Article 57 defining the conditions under which the institutions concerned will be brought into contact with the Organization. Such agreements are subject to approval by the General Assembly.
2. The Council shall be empowered to harmonize the activities of the specialized agencies through consultation with them and recommendations to such agencies and through recommendations to the General Assembly and Members of the Organization.
Article 64
1. The Economic and Social Council is authorized to take appropriate measures to obtain regular reports from the specialized agencies. The Council is authorized to enter into agreements with the Members of the Organization and with the specialized agencies for the purpose of obtaining from them reports on the measures taken by them in pursuance of its own recommendations and the recommendations of the General Assembly on matters within its competence.
2. The Council is authorized to communicate its comments on these reports to the General Assembly.
Article 65
The Economic and Social Council is authorized to provide information to the Security Council and, upon the proposal of the Security Council, is obliged to assist it.
Article 66
1. The Economic and Social Council shall exercise such functions as are within its competence in connection with the implementation of the recommendations of the General Assembly.
2. The Council, with the approval of the General Assembly, is authorized to carry out work at the request of the Members of the Organization and at the request of the specialized agencies.
3. The Council shall perform such other functions as are enumerated elsewhere in these Constitutions or as may be assigned to it by the General Assembly.
Article 67
1. Each member of the Economic and Social Council has one vote.
2. Decisions of the Economic and Social Council are adopted by a majority vote of the Council members present and voting.
Article 68
The Economic and Social Council establishes commissions in the economic and social fields and for the promotion of human rights, as well as such other commissions as may be necessary for the performance of its functions.
Article 69
The Economic and Social Council invites any Member of the Organization to participate, without the right to vote, in its deliberations on any matter of particular interest to that Member.
Article 70
The Economic and Social Council is authorized to hold arrangements for the participation, without voting rights, of representatives of specialized agencies in the discussion of issues in the Council or in commissions created by it, as well as for the participation of representatives of the Council in discussions of issues in specialized agencies.
Article 71
The Economic and Social Council is authorized to make appropriate arrangements for consultation with non-governmental organizations interested in matters within its competence. Such arrangements may be agreed upon with international organizations and, if necessary, with national organizations after consultation with the Member of the Organization concerned.
Article 72
1. The Economic and Social Council shall establish its own rules of procedure, including the procedure for electing its President.
2. The Economic and Social Council shall convene as needed, in accordance with its rules, which should include provisions for convening meetings at the request of a majority of its members.
Chapter XI. Declaration concerning Non-Self-Governing Territories
DECLARATION CONCERNING NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations who have or accept responsibility for the administration of territories whose peoples have not yet achieved full self-government recognize the principle that the interests of the people of those territories are paramount and, as a solemn duty, undertake to promote to the fullest extent possible the welfare of the people of those territories within the framework of the system of international peace and security established by this Charter, and for this purpose:
a) To ensure, with due respect for the culture of the said peoples, their political, economic, social and educational progress, their fair treatment and protection from abuse;
(b) to develop self-government, to take due account of the political aspirations of these peoples, and to assist them in the progressive development of their free political institutions, in accordance with the peculiar circumstances peculiar to each territory and its peoples, and to their different stages of development;
c) Strengthen international peace and security;
d) To promote constructive activities, encourage research and cooperate with each other and, where and when appropriate, with specialized international organizations for the practical achievement of the social, economic and scientific goals set out in this article and
e) To transmit regularly to the Secretary-General, for information and with such limitations as security and constitutional reasons may require, statistical and other information of a special nature relating to the economic, social and educational conditions of the territories for which they are respectively responsible. , except for those territories covered by Chapters XII and XIII.
Article 74
Members also agree that their policies in relation to the territories covered by this Chapter shall be based, no less than in relation to their mother countries, on the general principle of good neighborliness, with due regard to the interests and welfare of the rest of the world in social, economic and trade.
Chapter XII. International guardianship system
INTERNATIONAL GUARDIANESS SYSTEM
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By resolution of the UN General Assembly of September 16, 2005 N 60/1 in this chapter excluded links to the Guardianship Council.
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Article 75
The United Nations creates under its leadership international system trusteeship for the administration of such territories as may be included in it by subsequent individual agreements, and for the supervision of these territories. These territories are hereinafter referred to as “trustee territories”.
Article 76
The main objectives of the guardianship system, in accordance with the Purposes of the United Nations as set out in Article 1 of this Charter, are to:
a) Strengthen international peace and security;
b) To promote the political, economic and social progress of the population of the Trust Territories, their progress in education and their progressive development towards self-government or independence, as may be appropriate to the specific conditions of each territory and its peoples and having regard to the freely expressed wishes these peoples and as may be provided for in the terms of each trusteeship agreement;
c) Promote respect for human rights and fundamental freedoms for all, without distinction of race, gender, language, religion, and encourage recognition of the interdependence of the peoples of the world;
d) To ensure equal treatment of Members of the Organization and their citizens in the social, economic and commercial fields, as well as equal treatment in the administration of justice, without prejudice to the achievement of the above objectives and subject to the provisions of Article 80.
Article 77
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By resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
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1. The guardianship system applies to such territories from the following categories that may be included in it by trusteeship agreements:
a) Territories currently under the Mandate;
b) Territories that may be seized from enemy states as a result of the Second World War, and
c) Territories voluntarily included in the trusteeship system by the states responsible for their administration.
2. The question of which of the territories of the above categories should be included in the trusteeship system and under what conditions will be the subject of subsequent agreement.
Article 78
The trusteeship system does not apply to countries that have become Members of the Organization, relations between which must be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be included in the trusteeship system, including all changes and amendments, are determined by agreements of the states directly concerned, including mandate countries in the case of territories under the mandate of one of the Members of the Organization, and approved as provided in Articles 83 and 85.
Article 80
1. Save as may be agreed upon in individual guardianship agreements concluded pursuant to Articles 77, 79 and 81 incorporating each territory into the guardianship system, and until such agreements are concluded, nothing in this Chapter shall be construed as altering in any way under whatever conditions of existing international agreements to which Members of the Organization may be parties respectively.
2. Paragraph 1 of this article shall not be interpreted as giving grounds for delay or postponement of negotiations and the conclusion of agreements for the inclusion of mandated and other territories in the trusteeship system as provided for in article 77.
Article 81
The trusteeship agreement in each case must include the terms under which the trustee territory will be administered and also define the authority that will administer the trustee territory. Such an authority, hereinafter referred to as the administering authority, may be one or more states or the United Nations as such.
Article 82
Any trusteeship agreement may designate a strategic area or areas, which may include part or all of the territory under trusteeship to which the agreement applies, without prejudice to any special agreement or agreements concluded pursuant to article 43.
Article 83
1. All functions of the United Nations relating to strategic areas, including the approval of the terms of trusteeship agreements and their modifications or amendments, shall be exercised by the Security Council.
2. The main objectives set out in Article 76 apply to the people of each of the strategic areas.
3. The Security Council, subject to the terms of trusteeship agreements and without prejudice to security requirements, shall have the assistance of the Trusteeship Council to carry out those functions of the United Nations under the trusteeship system which relate to political, economic, social and education areas in strategic areas.
Article 84
It is the responsibility of the administering authority to ensure that the trust territory plays its role in the maintenance of international peace and security. For this purpose, the Administering Authority is authorized to use voluntary armed forces, facilities and assistance of the Trust Territory in carrying out the obligations assumed in this regard by the Administering Authority before the Security Council, 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 respect to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of trusteeship agreements and their modifications or amendments, shall be exercised by the General Assembly.
2. The Trusteeship Council, acting under the direction of the General Assembly, shall assist the General Assembly in the performance of these functions.
Chapter XIII. Composition of guardianship
CUSTODY COMPOSITION
Chapter XIV. International Court
Article 92
The International Court of Justice is the main judicial organ of the United Nations. It operates in accordance with the annexed Statute, which is based on the Statute of the Permanent Court of International Justice and forms an integral part of this Charter.
Article 93
1. All Members of the Organization are ipso facto parties to the Statute of the International Court of Justice.
2. A State that is not a Member of the Organization may become a party to the Statute of the International Court of Justice on conditions to be determined, in each individual case, by the General Assembly on the recommendation of the Security Council.
Article 94
1. Each Member of the Organization undertakes to comply with the decision of the International Court of Justice in a case to which it is a party.
2. In the event that any party to a case fails to comply with the obligation imposed on it by a decision of the Court, the other party may apply to the Security Council, which may, if it considers it necessary, make recommendations or decide to take measures to give effect to the decision .
Article 95
This Charter does not in any way prevent Members of the Organization from entrusting the resolution of their differences to other courts by virtue of agreements already existing or those that may be concluded in the future.
Article 96
1. The General Assembly or the Security Council may request advisory opinions from the International Court of Justice on any legal question.
2. Other organs of the United Nations and specialized agencies, which the General Assembly may at any time authorize to do so, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
Chapter XV. Secretariat
Article 97
The Secretariat consists of the Secretary General and such personnel as may be required by the Organization. The Secretary General is appointed by the General Assembly on the recommendation of the Security Council. The General Secretary is the chief administrative officer of the organization.
Article 98
The Secretary-General acts in this capacity at all meetings of the General Assembly, the Security Council, the Economic and Social Council and the Trusteeship Council and performs such other functions as are assigned to him by those bodies. The Secretary General presents an annual report on the work of the Organization to the General Assembly.
Article 99
The Secretary General has the right to 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 of the Secretariat shall not seek or receive instructions from any government or authority external to the organization. They must refrain from any action that might affect their position as international officials responsible only to the Organization.
2. Each Member of the Organization undertakes to respect strictly international character duties of the Secretary General and Secretariat staff and not attempt to influence them in the performance of their duties.
Article 101
1. The staff of the Secretariat shall be appointed by the Secretary General, in accordance with the rules established by the General Assembly.
2. Suitable personnel shall be allocated for permanent work in the Economic and Social Council, in the Trusteeship Council and, as necessary, in other organs of the Organization. These personnel form part of the Secretariat.
3. When hiring and determining the conditions of service, one should be guided primarily by the need to ensure a high level of efficiency, competence and integrity. Due consideration should be given to the importance of recruiting personnel on as wide a geographical basis as possible.
Chapter XVI. Miscellaneous regulations
Article 102
1. Every treaty and every international agreement concluded by any Member of the Organization after the entry into force of this Charter shall, as soon as possible, be registered with the Secretariat and published by it.
2. Neither party to any such treaty or international agreement not registered in accordance with paragraph 1 of this article may invoke such treaty or agreement before any organ of the United Nations.
Article 103
In the event that the obligations of the Members of the Organization under this Charter conflict with their obligations under any other international agreement, the obligations under this Charter shall prevail.
Article 104
The United Nations shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the performance of its functions and the achievement of its purposes.
Article 105
1. The United Nations shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the achievement of its purposes.
2. Representatives of Members of the Organization and its officials also enjoy the privileges and immunities that are necessary for self-execution them their functions related to the activities of the Organization.
Chapter XVII. Security measures during the transition period
SECURITY ACTIVITIES DURING TRANSITION
Article 106
Pending the entry into force of such special agreements referred to in Article 43 as, in the opinion of the Security Council, enable it to begin to carry out its duties under Article 42, the parties to the Declaration of the Four Powers, signed in Moscow on October 30, 1943, and France will, subject to the provisions of paragraph 5 of this Declaration, to consult with each other and, if necessary, with other Members of the Organization with a view to such joint action on behalf of the Organization as may be necessary for the maintenance of international peace and security.
Article 107
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By resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
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This Charter shall in no way invalidate any action taken or authorized in consequence of the Second World War by the Governments responsible for such action in relation to any State which, during the Second World War, was an enemy of any of the States signatory to this Charter, nor does not prevent such actions.
Chapter XVIII. Amendments
Article 108
Amendments to this Charter shall enter into force for all Members of the Organization after they have been adopted by a two-thirds vote of the members of the General Assembly and ratified, in accordance with their constitutional procedure, by two-thirds of the Members of the Organization, including all permanent members of the Security Council.
Article 109
1. For the purpose of revising this Charter, a General Conference of the Members of the United Nations may be convened at a time and place to be determined by a two-thirds vote of the members of the General Assembly and the votes of any nine members of the Security Council. Each Member of the Organization will have one vote at the Conference.
2. Any amendment to this Charter recommended by a two-thirds vote of the Conference will enter into force upon ratification, in accordance with their constitutional procedure, by two-thirds of the Members of the Organization, including all permanent members of the Security Council.
3. If such Conference does not take place before the tenth annual session of the General Assembly, counting from the entry into force of this Charter, a proposal to convene such Conference shall be included in the agenda of that session of the General Assembly, and the Conference shall be convened if so decided by a simple majority of the members of the General Assembly and by the votes of any seven members of the Security Council.
Chapter XIX. Ratification and signature
RATIFICATION AND SIGNATURE
Article 110
1. This Charter is subject to ratification by the signatory states in accordance with their constitutional procedure.
2. Instruments of ratification shall be deposited with the Government of the United States of America, which shall give notice of the deposit of each instrument to all signatories to the Charter, as well as to the Secretary General of the Organization when appointed.
3. This Charter will enter into force upon the deposit of instruments of ratification 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 a majority of other signatories to the Charter. After this, the Government of the United States of America will draw up a protocol on the deposit of the instruments of ratification, copies of which will be sent to all signatory states.
4. The signatories to this Charter which ratify it after it has come into force shall become original Members of the United Nations on the date of the deposit of their respective instruments of ratification.
Article 111
This Charter, the Chinese, French, Russian, English and Spanish texts of which are equally authentic, shall be kept on file with the Government of the United States of America. This Government shall transmit copies of the Charter, duly certified, to the Governments of all other signatory States.
IN WITNESS WHEREOF, the representatives of the Governments of the United Nations have signed this Charter.
DONE in the city of San Francisco, the twenty-sixth day of June, one thousand nine hundred and forty-five.
Statute of the International Court of Justice
Article 1
The International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, shall be constituted and operate in accordance with the following provisions of this Statute.
Chapter I. Organization of the court
Article 2
The Court is composed of a panel of independent judges, selected, regardless of their nationality, from among persons of high moral character who satisfy the requirements in their countries for appointment to the highest judicial positions or who are jurists of recognized authority in the field of international law.
Article 3
1. The court consists of fifteen members, and it cannot include two citizens of the same state.
2. A person who may be considered, for the purposes of the composition of the Court, as a national of more than one State, is considered to be a national of the State in which he habitually enjoys his civil and political rights.
Article 4
1. The members of the Court are elected by the General Assembly and the Security Council from among the persons listed on the proposal of national groups of the Permanent Court of Arbitration, in accordance with the following provisions.
2. As regards Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments, subject to the conditions established for Members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention for the Peaceful Settlement of International collisions
3. The conditions under which a State party to the present Statute, but not a member of the United Nations, may participate in the election of members of the Court shall, in the absence of special agreement, be determined by the General Assembly on the recommendation of the Security Council.
Article 5
1. Not later than three months before the day of elections, the Secretary-General of the United Nations shall address in writing the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and the members of the national groups appointed pursuant to Article 4, paragraph 2, that each national group indicate, within a specified period, candidates who can assume the duties of members of the Court.
2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the state represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of places to be filled.
Article 6
It is recommended that each group, prior to making nominations, seek the opinion of the highest judicial authorities, law faculties, law schools and academies of its country, as well as the national branches of international academies engaged in the study of law.
Article 7
1. The Secretary General shall prepare, in alphabetical order, a list of all persons whose candidacies have been nominated. Except as provided in paragraph 2 of Article 12, only persons included in this list may be elected.
2. The Secretary General shall submit this list to the General Assembly and the Security Council.
Article 8
The General Assembly and the Security Council proceed with the election of members of the Court independently of each other.
Article 9
When electing voters, they must bear in mind that not only must each individual elected be qualified, but the entire body of judges must ensure representation of the major forms of civilization and the major legal systems of the world.
Article 10
1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.
2. Any vote in the Security Council, both in the election of judges and in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were cast both in the General Assembly and in the Security Council for more than one citizen of the same state, only the oldest in age is considered elected.
Article 11
If, after the first meeting convened for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.
Article 12
1. If, after the third meeting, one or more seats remain unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission consisting of six members, three appointed by the General Assembly and three appointed by the Security Council, may be convened, to elect by an absolute majority of votes one person for each still vacant seat and submit his candidacy to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidacy of a person who meets the requirements, his name may be included in the list, even if he was not included in the candidate lists provided for in Article 7.
3. If the conciliation commission is convinced that the elections cannot take place, then the members of the Court, already elected, shall, within a period determined by the Security Council, begin to fill free seats by electing the members of the Court from among the candidates for whom votes were cast either in the General Assembly or in the Security Council.
Article 13
1. The members of the Court shall be elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court shall expire after three years, and the term of office of a further five judges shall expire after six years.
2. The Secretary General shall, immediately after the first election, determine by lot which of the judges shall be deemed elected for the initial terms of three years and six years indicated above.
3. Members of the Court continue to perform their duties until they are replaced; they are obliged to complete the work they have started.
4. If a member of the Court submits an application for resignation, this application is addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the application by the latter, the position is considered vacant.
Article 14
Vacancies that arise shall be filled in the same manner as for the first elections, subject to the following rule: within one month after the opening of the vacancy, the Secretary-General shall proceed to issue the invitations provided for in Article 5, and the day of the election shall be determined by the Security Council.
Article 15
A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of office of his predecessor.
Article 16
1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.
2. Doubts on this issue are resolved by a ruling of the Court.
Article 17
1. No member of the Court may act as a representative, attorney or advocate in any matter.
2. No member of the court may participate in the determination of any case in which he has previously participated as a chairman, attorney or advocate for one of the parties, or as a member of a national or international court, a commission of inquiry or in any other capacity.
3. Doubts on this issue are resolved by a ruling of the Court.
Article 18
1. A member of the Court may not be removed from office unless, in the unanimous opinion of the other members, he no longer meets the requirements.
2. The Secretary General is officially notified of this by the Registrar of the Court.
3. Upon receipt of this notification, the place is considered vacant.
Article 19
Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities.
Article 20
Each member of the Court shall, before taking office, make a solemn declaration in open session of the Court that he will exercise his office impartially and in good faith.
Article 21
1. The Court elects a Chairman and a Vice-Chairman for three years. They can be re-elected.
2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.
Article 22
1. The seat of the Court is The Hague. This shall not, however, prevent the Court from sitting and performing its functions in other places in all cases where the Court finds it desirable.
2. The Chairman and the Secretary of the Court must reside at the seat of the Court.
Article 23
1. The Court sits continuously with the exception of judicial vacations, the terms and duration of which are established by the Court.
2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his home country.
3. Members of the Court are required to be at the disposal of the Court at all times, with the exception of time on vacation and absence due to illness or other serious reasons duly explained to the Chairman.
Article 24
1. If, for any special reason, a member of the Court considers that he should not participate in the determination of a particular case, he shall inform the President accordingly.
2. If the Chairman finds that any member of the court should not, for any special reason, participate in a hearing on a particular case, he warns him about this.
3. If a disagreement arises between a member of the Court and the Chairman, it is resolved by a ruling of the Court.
Article 25
1. Except in cases specifically provided for in this Statute, the Court shall sit as a whole.
2. Provided that the number of judges available to constitute the Court is not less than eleven, the Rules of the Court may provide that one or more judges may, depending on the circumstances, be relieved in rotation from sitting.
3. A quorum of nine judges is sufficient to constitute a judicial presence.
Article 26
1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to hear certain categories of cases, such as labor cases and cases relating to transit and communications.
2. The court may at any time create a chamber to hear a particular case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and decided by the chambers provided for in this article if the parties so request.
Article 27
A decision rendered by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.
Article 28
The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
Article 29
In order to expedite the resolution of cases, the Court annually forms a chamber of five judges, which, at the request of the parties, can consider and resolve cases through summary proceedings. To replace judges who recognize that it is impossible for them to take part in meetings, two additional judges are allocated.
Article 30
1. The court draws up Rules of Procedure that determine the manner in which it performs its functions. The court, in particular, establishes the rules of legal proceedings.
2. The Rules of the Court may provide for participation in sessions of the Court or its Chambers of Assessors without the right to cast a casting vote.
Article 31
1. Judges belonging to the citizenship of each of the parties retain the right to participate in hearings on the case being carried out in the Court.
2. If a judge of one country is present in the judicial presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those persons who have been nominated as candidates in the manner provided for in Articles 4 and 5.
3. If there is not a single judge in the judicial presence who is the nationality of the parties, then each of these parties may elect a judge in the manner provided for in paragraph 2 of this article.
4. The provisions of this article apply to the cases provided for in Articles 26 and 29. In such cases, the President requests one or, if necessary, two members of the Court from the Chamber to give way to members of the Court who are the nationality of the parties concerned, or, in the absence those or, if it is impossible to attend, to judges specially selected by the parties.
5. If several parties have a common issue, they are considered as one party, so far as the application of previous provisions is concerned. In case of doubt on this issue, they are resolved by a ruling of the Court.
6. Judges elected as provided in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on equal terms with their colleagues.
Article 32
1. Members of the Court receive an annual salary.
2. The Chairman receives a special annual increase.
3. The Vice-Chairman shall receive a special allowance for each day on which he acts as Chairman.
4. Judges elected in accordance with Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.
5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.
6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.
7. The rules established by the General Assembly shall determine the conditions under which retirement pensions shall be granted to members of the Court and the Registrar of the Court, as well as the conditions under which members and the Registrar shall receive reimbursement for their travel expenses.
8. The above salaries, allowances and remuneration are exempt from any taxation.
Article 33
The United Nations shall bear the expenses of the Court in the manner determined by the General Assembly.
Chapter II. Competence of the court
Article 34
1. Only states may be parties to cases before the Court.
2. Subject to the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, and shall also receive such information provided by specified organizations on their own initiative.
3. Whenever in a case before the Court it is necessary for it to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such instrument, the Registrar of the Court shall notify the public international organization in question and transmit to it copies of all written proceedings.
Article 35
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in existing treaties; These conditions can in no case put the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to the case, the Court shall determine the amount which such party must contribute towards the costs of the Court. This regulation does not apply if the State concerned is already contributing to the costs of the Court.
Article 36
1. The jurisdiction of the Court includes all cases submitted to it by the parties and all matters specifically provided for by the Charter of the United Nations or treaties and conventions in force.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in relation to any other State accepting the same obligation, the jurisdiction of the Court as compulsory in all legal disputes relating to:
a) interpretation of the treaty;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a breach of an international obligation;
d) the nature and extent of compensation due for the breach of the international obligation.
3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue to be in force shall be deemed, as between the parties to the present Statute, to be their acceptance of the jurisdiction of the International Court of Justice binding upon them for the unexpired term of those declarations and in accordance with the conditions in them stated.
6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.
Article 37
In all cases where a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
Article 38
1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:
a) international conventions, both general and special, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as an aid to the determination of rules of law.
2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.
Chapter III. Legal proceedings
Article 39
1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, then the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.
2. In the absence of agreement as to which language will be used, each party may use the language it prefers in the court settlement; The decision of the Court is delivered in French or English. In this case, the Court simultaneously determines which of the two texts is considered authentic.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
Article 40
1. Cases are initiated in the Court, depending on the circumstances, either by notification of a special agreement, or by a written application addressed to the Secretary. In both Cases the subject of the dispute and the parties must be specified.
2. The secretary immediately communicates the application to all interested parties.
3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.
Article 41
1. The court has the right to indicate, if, in its opinion, the circumstances so require, any provisional measures that should be taken to ensure the rights of each of the parties.
2. Pending the finalization of the decision, notice of the proposed measures shall be immediately brought to the attention of the parties and the Security Council.
Article 42
1. The parties act through representatives.
2. They may be assisted by attorneys or advocates in the Court.
3. Representatives, attorneys and lawyers representing the parties before the Court shall enjoy the privileges and immunities necessary for them to independently perform their duties.
Article 43
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written legal proceedings consist of communication to the Court and the parties of memoranda, counter-memoranda and, if necessary, responses to them, as well as all papers and documents supporting them.
3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.
4. Any document presented by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist of hearing by the Court of witnesses, experts, representatives of attorneys and advocates.
Article 44
1. For the service of all notices to persons other than representatives of attorneys and advocates, the Court shall apply directly to the government of the state in whose territory the notice is to be served.
2. The same rule applies in cases where it is necessary to take measures to obtain evidence on the spot.
Article 45
The hearing of the case is conducted under the direction of the Chairman or, if he is unable to preside, the Vice-Chairman; If neither one nor the other is able to preside, the eldest judge present presides.
Article 46
The hearing of a case before the Court is held in public, unless otherwise decided by the Court or unless the parties request that the public be excluded.
Article 47
1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.
2. Only this protocol is authentic.
Article 48
The court orders the direction of the case, determines the forms and time limits within which each party must finally present its arguments, and takes all measures related to the collection of evidence.
Article 49
The court may, even before the hearing of the case, require representatives to present any document or explanation. In case of refusal, a report is drawn up.
Article 50
The court may at any time entrust the conduct of an investigation or examination to any person, board, bureau, commission or other organization of its choice.
Article 51
At the hearing of the case, all relevant questions shall be put to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Article 52
Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.
Article 53
1. If one of the parties does not appear in the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor.
2. The court is obliged, before granting this petition, to ascertain not only whether it has jurisdiction over the case, in accordance with Articles 36 and 37, but also whether this claim has sufficient factual and legal justification.
Article 54
1. When the representatives, advocates and attorneys have completed their explanations of the case under the direction of the Court, the President shall declare the hearing closed.
2. The court retires to discuss decisions.
3. Meetings of the Court take place in closed session and are kept secret,
Article 58
The decision is signed by the Chairman and the Secretary of the Court. It is announced in an open session of the Court after due notification of the representatives of the parties.
Article 59
The Court's decision is binding only on the parties involved in the case and only on this case.
Article 60
The decision is final and not subject to appeal. In the event of a dispute about the meaning or scope of a decision, its interpretation lies with the Court at the request of any party.
Article 61
1. A request for review of a decision may be made only on the basis of newly discovered circumstances, which by their nature may have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party requesting review, subject to the indispensable condition that that such ignorance was not due to negligence.
2. Revision proceedings are opened by a ruling of the Court, which definitely establishes the existence of a new circumstance with the recognition of the latter’s nature giving grounds for reconsideration of the case, and announces the acceptance, therefore, of the request for reconsideration.
3. The court may require that the conditions of the decision be fulfilled before it opens review proceedings.
4. The request for review must be made before the expiration of six months after the discovery of new circumstances.
5. No request for review may be made after the expiration of ten years from the date of the decision.
Article 62
1. If any State considers that the decision of a case may affect any of its interests of a legal nature, that State may apply to the Court for permission to intervene in the case.
2. The decision on such a request lies with the Court.
Article 63
1. If a question arises regarding the interpretation of a convention in which, in addition to the parties interested in the case, other states are also participating, the Registrar of the Court shall immediately notify all such states.
2. Each of the States receiving such notice has the right to intervene in the case, and, if it exercises this right, the interpretation contained in the decision is equally binding on it.
Article 64
Unless otherwise determined by the Court, each party shall bear its own legal costs.
Chapter IV. Advisory Opinions
ADVISORY OPINIONS
Article 65
1. The Court may give advisory opinions on any legal question upon the request of any agency authorized to make such requests by or under the Charter of the United Nations.
2. Matters on which an advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing a precise statement of the matter on which the opinion is sought; All documents that may serve to clarify the issue are attached to it.
Article 66
1. The Registrar of the Court shall immediately communicate the application containing the request for an advisory opinion to all States entitled to access to the Court.
2. In addition, the Registrar of the Court shall, by special and direct notice, inform any State having access to the Court, as well as any international organization which, in the opinion of the Court (or its President, if the Court is not sitting), can provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the issue or to hear the same oral reports at a public meeting appointed for this purpose.
3. If such State having the right of access to the Court does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or to be heard; The court makes a decision on this issue.
4. States and organizations which have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and periods established in each individual case by the Court or, if it is not sitting , Chairman of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.
Article 67
The Court renders its advisory opinions in open session, of which the Secretary General and representatives of the Members of the United Nations directly concerned, other states and international organizations are notified.
Article 68
In carrying out its advisory functions, the Court, in addition to the above, shall be guided by the provisions of this Statute relating to controversial cases, to the extent that the Court recognizes them as applicable.
Chapter V. Amendments
Article 69
Amendments to this Statute shall be made in the same manner as are provided for in the Charter of the United Nations for amendments to that Charter, subject, however, to such rules as may be established by the General Assembly on the recommendation of the Security Council concerning the participation of States not Members of the United Nations but which are parties to the Statute.
Article 70
The Court shall have the power to propose amendments to this Statute as it deems necessary, communicating them in writing to the Secretary-General for further consideration in accordance with the rules laid down in Article 69.
The translation is official.
Amendment to Article 109 of the Charter of the United Nations
(Adopted by the XX session of the General Assembly
United Nations 20 December 1965)
General Assembly,
Whereas an amendment has been made to the Charter of the United Nations by which the composition of the Security Council as provided for in Article 23 is to be increased from eleven to fifteen members and that decisions of the Security Council shall be deemed adopted as provided in Article 27 when they have been submitted for the votes of nine rather than seven members of the Council,
Whereas these amendments necessitate amendments to Article 109 of the Charter,
1. Decides, in accordance with Article 108 of the Charter of the United Nations, to adopt the following amendment to the Charter and to submit it for ratification by the Member States of the United Nations:
“In the first sentence of paragraph 1 of Article 109, replace the word “seven” with the word “nine””,
2. Calls upon all Member States of the Organization to ratify the above amendment as soon as possible in accordance with their constitutional procedure.
The instrument of ratification of the USSR was deposited with the Secretary General of the United Nations on September 22, 1966.
The amendment took effect on June 12, 1968.
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
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