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FROM GENEVA 
TO SAN FRANCISCO 


BY THE SAME AUTHOR: 


JUDZA LIVES AGAIN 
JEWISH YOUTH COMES HOME 
WANDERER BETWEEN TWO WORLDS 
WANDERER IN WAR 


FROM GENEVA 
TO SAN FRANCISCO 


An Account of the International Organisation 


of the New Order 


by 
NORMAN BENTWICH 


LONDON 
VICTOR GOLLANCZ LTD 


Copyright, 1946, by Norman Bentwich 


Printed in Great Britain by 
The Camelot Press Lid., London and Southam pion 


PREFACE 


Iw ruts 300k I HAVE sought to give, for the common man, 
an account and explanation of the principal international 
instruments of the new World Order, in which he lives. Last 
year Mr. Arnold-Forster, in his Charters of the Peace, wrote a 
commentary upon the Atlantic Charter and the Declarations 
of Moscow, Cairo, and Teheran. Since his book appeared, we 
have had a generous dispensation of Charters and International 
Agreements. In the first place, the Charter of the United Nations, 
signed at San Francisco, and following the project drawn up at 
Dumbarton Oaks, Then the Statute of the International Court 
of Justice, which is attached to that Charter, and the Charter of 
the International Military Tribunal for the trial of the principal 
war criminals. 

The Conferences of the functional organisations have formu- 
lated, in the same period, fresh agreements, though not all of 
them are yet adopted. Bretton Woods gave the plan for the 
International Monetary Fund and the International Bank for 
Reconstruction and Development. The Conference of the I.L.O 
at Philadelphia gave a Declaration which reaffirmed and 
largely amplified the principles of the International Organisation 
concerned with Labour and Social Security. A Conference at 
Chicago gave the plan for an International Aviation Authority. 
Last of all, a projected Conference in London is to consider a 
plan for an International Educational and Cultural Organisation. 

Some of the bright hopes of the AUantic Charter have been 
blurred by the quick, sad stain of political passions. But if it 
would be rash to expect the millennium fiom the Charters and 
Conventions, it would be foolish to expect nothing from them. 
They mark a step forward on the way to world government, and 
are designed to establish an organised—but not yet an organic— 
world society. I] have not tried to read more into the documents 
than the official commentaries of the British and American 
Governments or of the Conference itself affirmed. The purpose 
has been rather to expound than to criticise. It is the under- 
standing of the common man about the New Order which more 
than anything else will determine its destiny. 

I am under obligation to the books of two friends: Sir Alfred 
Zimmern’s The League of Nations and the Rule of Law, which gives 


the background of the League: and the Rev. Henry Carter’s 
recent Towards World Recovery, which gives the background of 
functional organisations established during the war. I am under 
obligation also to the editors of the Fortnightly Review and the 
Political Quarterly, who have allowed me to use material in 
articles about the International Court of Justice and Colonial 
Trusteeship which appeared in those reviews. Lastly, I would 
thank Miss Sally Richardson, who has helped me generally in 
the writing of the book. 


September 1, 1945. (Sixth Anniversary of outbreak of the Second 
World War.) 


P.S.—So much has happened during the three months, between 
sending the book to the press and the receipt of the proofs, and 
so much more will happen before the book is finally published, 
that many statements in it must appear obsolete. Events move 
to-day much quicker than the printers. The first meeting of the 
United Nations Organisation has been fixed, and will have 
taken place; the conference of the Educational and Cultural 
Organisation has been held in London, and decisions have been 
taken about that organ of the United Nations; the Bretton 
Woods Agreement has been adopted by Great Britain and the 
United States, and the economic relations between the two 
English-speaking Powers have been fixed by a loan. On the 
other side, the relations between the Three Great Powers, 
Great Britain, U.S.A. and U.S.S.R., have become strained, and 
at times the pivot of the Organisation has seemed to be in peril. 
It would have been possible to introduce changes into the proofs 
to take account of these conditions. But before the book was 
available to the public, the additions themselves would be likely 
to need some modification. So the original text, with a few 
changes of dates, has been left unchanged. 


CHAP. 


IT. 


ITT. 


IV. 


VI. 


VIL. 
VIII. 


CONTENTS 


PAGE 

PREFACE . : ; . . ‘ . 5 
FROM THE COVENANT OF THE LEAGUE TO THE 

CHARTERS OF THE UNITED NATIONS . , . 9 
THE ATLANTIC CHARTER AND TREATIES OF MUTUAL 

Alp (Lenp-LEASE) ‘ . 19 

INTERNATIONAL FUNCTIONAL ORGANISATIONS . . 28 


International Labour Office. Food and Agricultural 
Organisation. United Nations Relief and Rehabilita- 
tion Administration. International Monetary Fund 
and International Bank for Reconstruction and 
Development. Civil Aviation Organisation. Educa- 
tional and Cultural Organisation. 


PROJECT OF DUMBARTON OAKS. . 4t 


. THE CHARTER OF THE UNITED NATIONS (SAN 


FRANCISCO) . 48 


Preamble and Principles. Membership. General As- 
sembly and Security Council. Regional Arrange- 
ments. Economic and Social Council. Secretariat. 
Miscellaneous Provisions. Amendments of the Char- 
ter. Preparatory Commission. 


Tue INTERNATIONAL CourT OF JUSTICE AND INTER- 
NATIONAL Mizirary TRIBUNAL ; . 62 


THE COLONIAL QUESTION AND TRUSTEESHIP COUNCIL 69 
Hopes AND FEARS : ; : . 78 
APPENDIX, CHARTER OF THE UNITED NATIONS . 80 


BIBLIOGRAPHY : : : ; ; : . ITO 


CHAPTER I 


FROM THE COVENANT OF THE LEAGUE TO 
THE CHARTERS OF THE UNITED NATIONS 


Tus yEAR WAS THE twenty-fifth anniversary of the first meet- 
ing of the Assembly and the Council of the League of Nations, 
which marked the first attempt to establish permanent world 
organs. One of the major tasks of the peace-making at the end of 
the First World War was to organise ‘“‘a general association of 
nations under specific covenants, for the purpose of affording 
mutual guarantees of political and territorial integrity to great 
and small States alike.” The League of Nations was a response 
to the idea that war anywhere was a threat to the peace of all. 
By man’s control over Nature, the world has become one neigh- 
bourhood. There is a world society of things, if not of men. The 
League should be an organised society of nations, and help man 
to become a citizen of the world. 

The Covenant of the League, which was included in the 
Treaty of Versailles and other Peace Treatics, was an attempt 
to give effective expression to the intcrnationalism of facts and 
the vague aspirations for the rule of law between States. It was 
unfortunate that it was part of the settlement with the enemy, so 
that it appeared as “‘the honourable daughter of a disreputable 
mother.” The main purpose, which was to promote international 
peace and security, was carried out by rudimentary political 
organs of the interstate society. The Assembly, which included 
representatives of all member States, was a deliberative body: 
The Council, which included permanent representatives of the 
principal Powers and others elected for a term of years, was an 
executive body; and the Secretariat was an international civil 
service. In addition, a permanent Court of International Justice, 
to try disputes of a legal character between nations, was set up 
at The Hague; and States could plead their cause before the 
Bar of Humanity. 

The Treaties included also a Charter of Labour and the 
Constitution of an International Labour Office. It was recognised 
that World Peace depended in great part upon the establishment 
of fair social conditions in each State, and economic security of 
individual men and women. 


9 


The member States of the League accepted the obligation not 
to resort to war, but to seek in every case a peaceful settlement of 
disputes between them. Any war, or threat of war, whether 
immediately affecting menmbers or not, was a matter of concern 
to the whole League. If any dispute was likely to lead to a rupture, 
they would submit the matter either to arbitration or judicial 
settlement—by the Court of International Justice or other 
Tribunal—or to inquiry by the Council. In no case would they 
resort to war until three months had passed after the judicial 
decision or the report of the Council. Disputes of a legal or, as it 
is called, justiciable character would be submitted to arbitration 
or judicial settlement. Disputes of a political, economic, or 
otherwise non-legal character would go to the Council, who 
might refer them to the Assembly. If the Council failed to reach 
a peaceful scttlement, it should make and publish a report 
containing a statement of the facts and its recommendations for 
the settlement. It was one of the weaknesses of the League that, 
in order to bind States in conflict, the decision had to be unanim- 
ous. Even the parties to the dispute must agree, and there was 
no power to impose the solution recommended by all other 
members of the Council. 

Sanctions were provided, however, against the State which, 
disregarding its pledge not to go to war, committed an act of 
aggression against another State. An offender should be deemed 
to have committed an act of war against all other members of 
the League, which undertook immediately to subject it to the 
severance of all trade and financial relations. If those sanctions 
were not effective, and the aggressor continued acts of war, it 
was the duty of the Council to recommend to the Governments 
of the member States what effective military, naval or air forces 
they should severally contribute. The policy of collective security 
was to be executed, not by a single international force, but by 
combined contingents of the armed forces from all the member 
States. It was never applied. 

Two other clauses of the Covenant were designed to prevent 
war and aggression through collective action of the League 
organs. One article declared that the members should respect, 
as against external aggression, the territorial integrity and 
existing political independence of all members; and in case of 
aggression, or threat of it, the Council should advise upon the 
means by which the obligation should be fulfilled. The other 
article gave to the Assembly—not to the Council—the power of 
advising the revision of treaties ““which have become inapplic- 
able, and reconsideration of international conditions whose 


IO 


continuance might endanger the peace of the world.’ The scheme 
for maintaining the peace was adequate, if there had been the 
will to apply it; the world League would command such over- 
whelming force that no single State would dare to challenge it. 
Unhappily, the will was lacking, and when the challenge came, 
the overwhelming force was lacking. An attempt that was made 
In 1924 to strengthen the machinery by a further instrument 
known as the Geneva Protocol, which provided for conciliation 
or arbitration compulsorily for every dispute, was ineffective. 
largely because of the unwillingness of the British Government 
to ratify it. The Labour Prime Minister who was in office in 
1924, Mr. Ramsay MacDonald, headed the British delegation to 
the Assembly which adopted the Convention; but the Con- 
servative Government in the following year was unwilling to 
pledge Great Britain to an indefinite obligation. 

Before the formation of the League of Nations, the habit of 
international conference had been steadily growing since the end 
of the Napoleonic Wars; and two attempts had been made to 
bring about the organisation of international peace by perman- 
ent machinery. They were the Peace Conferences, as they were 
called, held at the Hague in 1899 and 1907. Their principal 
outcome, paradoxically, was to draw up international conven- 
tions concerning the laws of war on land and sea; but one notable 
step was made towards the peaceful settlement of disputes, by 
the creation of a permanent tribunal of international arbitration. 
Hitherto, the movement for arbitration between the nations had 
advanced by single instances and bilateral treaties. ‘The Hague 
Conventions marked a halting acceptance of the principle that 
legal disputcs should be settled by legal means, and provided 
a permanent instrument to which States could turn. After the 
First World War, the feeling grew that a permanent political 
organisation must be establishcd to maintain the peace. Yet 
the statesmen were not prepared to set up any form of inter- 
national government which would limit the sovereignty of the 
national State. They turned then to the idea of a permanent 
international conference. The English names “Covenant” and 
“League” are significant. “Covenant,” which was the title 
chosen by President Wilson, was reminiscent of the religious 
tradition of a Presbyterian; and ‘“‘League’—represented in 
French by Société—marked the idea of voluntary participation. 

A majority in the Assembly or Council of the League could 
not impose its will on any State because the principle of the 
sovereignty of nation-States was steadfastly maintained. Action 
must be by unanimous agreement. The hope was that, by 


II 


The member States of the League accepted the obligation not 
to resort to war, but to seek in every case a peaceful settlement of 
disputes between them. Any war, or threat of war, whether 
immediately affecting members or not, was a matter of concern 
to the whole League. If any dispute was likely to lead to a rupture, 
they would submit the matter either to arbitration or judicial 
settlement—by the Court of International Justice or other 
Tribunal—or to inquiry by the Council. In no case would they 
resort to war until three months had passed after the judicial 
decision or the report of the Council. Disputes of a legal or, as it 
is called, justiciable character would be submitted to arbitration 
or judicial settlement. Disputes of a political, economic, or 
otherwise non-legal character would go to the Council, who 
might refer them to the Assembly. If the Council failed to reach 
a peaceful settlement, it should make and publish a report 
containing a statement of the facts and its recommendations for 
the settlement. It was one of the weaknesses of the League that, 
in order to bind States in conflict, the decision had to be unanim- 
ous. Even the parties to the dispute must agree, and there was 
no power to impose the solution recommended by all other 
members of the Council. 

Sanctions were provided, however, against the State which, 
disregarding its pledge not to go to war, committed an act of 
aggression against another State. An offender should be deemed 
to have committed an act of war against all other members of 
the League, which undertook immediately to subject it to the 
severance of all trade and financial relations. If those sanctions 
were not effective, and the aggressor continued acts of war, it 
was the duty of the Council to recommend to the Governments 
of the member States what effective military, naval or air forces 
they should severally contribute. ‘The policy of collective security 
was to be executed, not by a single international force, but by 
combined contingents of the armed forces from all the member 
States. It was never applied. 

Two other clauses of the Covenant were designed to prevent 
war and aggression through collective action of the League 
organs. One article declared that the members should respect, 
as against external aggression, the territorial integrity and 
existing political independence of all members; and in case of 
aggression, or threat of it, the Council should advise upon the 
means by which the obligation should be fulfilled. The other 
article gave to the Assembly—not to the Council—the power of 
advising the revision of treaties “which have become inapplic- 
able, and reconsideration of international conditions whose 


10 


continuance might endanger the peace of the world.”? The scheme 
for maintaining the peace was adequate, if there had been the 
will to apply it; the world League would command such over- 
whelming force that no single State would dare to challenge it. 
Unhappily, the will was lacking, and when the challenge came, 
the overwhelming force was lacking. An attempt that was made 
in 1924 to strengthen the machinery by a further instrument 
known as the Geneva Protocol, which provided for conciliation 
or arbitration compulsorily for every dispute, was ineffective. 
largely because of the unwillingness of the British Government 
to ratify it. The Labour Prime Minister who was in office in 
1924, Mr. Ramsay MacDonald, headed the British delegation to 
the Assembly which adopted the Convention; but the Con- 
servative Government in the following year was unwilling to 
pledge Great Britain to an indefinite obligation. 

Before the formation of the League of Nations, the habit of 
international conference had been steadily growing since the end 
of the Napoleonic Wars; and two attempts had been made to 
bring about the organisation of international peace by perman- 
ent machinery. They were the Peace Conferences, as they were 
called, held at the Hague in 1899 and 1907. Their principal 
outcome, paradoxically, was to draw up international conven- 
tions conccrning the laws of war on land and sea; but one notable 
step was made towards the peaceful settlement of disputes, by 
the creation of a permanent tribunal of international arbitration. 
Hitherto, the movement for arbitration between the nations had 
advanced by single instances and bilateral treaties. The Hague 
Conventions marked a halting acceptance of the principle that 
legal disputcs should be settled by legal means, and provided 
«2 permanent instrument to which States could turn. After the 
First World War, the feeling grew that a permanent politica! 
organisation must be established to maintain the peace. Yet 
the statesmen were not prepared to set up any form of inter- 
national government which would limit the sovereignty of the 
national State. They turned then to the idea of a permanent 
international conference. The English names “‘Covenant”’ and 
‘League’ are significant. “Covenant,” which was the title 
chosen by President Wilson, was reminiscent of the religious 
tradition of a Presbyterian; and ‘“‘League’’—represented in 
French by Société—marked the idea of voluntary participation. 

A majority in the Assembly or Council of the League could 
not impose its will on any State because the principle of the 
sovereignty of nation-States was steadfastly maintained. Action 
must be by unanimous agreement. The hope was that, by 

Il 


regular meetings of their statesmen and experts, nations would 
be persuaded to act together for the maintenance of peace and 
for the commonweal. In fact, a number of international agree- 
ments were adopted, as the result of conferences convened by 
the departments of the League. The International Hell was 
paved with good conventions. 

Yet in the first ten years of its activity, the League realised 
some of the hopes of the founders. It served, in spite of some 
shocks, to maintain world peace, and it made substantial progress 
with the instruments of world co-operation. The second ten 
years of its life, however, were a period of steady decline and 
disillusion. From the beginning, it had suffered a fatal weakness 
and disappointment through the defection of the U.S.A., whose 
President had been one of the authors of the Covenant. The 
American electorate went back to its isolationism immediately 
after the war; and the Senate’s refusal to adopt the Covenant 
rotted the heart of the Democracies. The attitude of the U.S.A., 
and to a less extent of Great Britain, about collective security 
has been compared to that of people living in a village with 
petrol stores, refusing to have a fire brigade. They would put out 
their own fire, but nobody else’s. The U.S.A. was unwilling to 
assume the active responsibility of a world Power, except at the 
Washington Conference in 1921, in dealing with naval armament. 
The original members of the League excluded, too, the Soviet 
Union, which they feared as a subversive power; and they 
excluded, for almost the whole of the first decade, defeatcd 
Germany. The League in its early years was, then, primarily a 
league of victors, minus one principal ally; and the victors had 
no great faith in their instrument. The world spirit was trying 
to conqucr the national flesh, but had a hard struggle, because 
of the reluctance of the principal members of the League to 
curtail the absolute independence of the sovereign State. The 
idealists who fashioned the League were reactionary; they 
looked back to the ideals of the nineteenth century in both 
political and economic relations, and did not conceive the 
revolutionary change which was required for international 
government. 

In order to compensate or atone for her failure to enter the 
League of Nations, the United States took the lead in an effort 
which was ironically called the ‘‘outlawry of war.’’ The declara- 
tion known as the Kellogg Pact, after the American Secretary of 
State, was originally in the form of a Treaty between the U.S.A. 
and France, but was adopted in 1928 by almost all the States of 
the world. The nations repudiated war as an instrument of 


12 


national policy, and pledged themselves to seek a settlement @f 
any difficulties by peaceful means. But no sanction was provided 
for a breach of the pledge; no office was established to implement 
it, and in fact nothing was done to make it effective. It was ‘“‘an 
international kiss, purely platonic, promising nothing for the 
future.”” The Pact exorcised war by words, but the spell would 
not work when the Devil (the Axis Powers) challenged. The 
first signature was that of the German Reich President. 

One of the provisions of the Covenant, which was designed to 
bring about the main purpose, to end war, was an undertaking 
to arrange a general reduction of national armament. Germany 
had been disarmed by commissions of the Allied nations; and the 
intent was that German should precede general disarmament. 
Something was done in this direction as regards naval forces 
by the Washington Conference of 1921, at which all the nations 
concerned in the Pacific region agreed to a substantial reduction 
of their navies. But as regards land and air forces, the European 
members of the League were slow to carry out the policy. Owing 
to the withdrawal of the United States, France was fearful of her 
position in relation to her eastern neighbour, so often her enemy, 
with nearly twice her population. She had little faith in the 
readiness of her fellow members of the League to honour their 
undertaking, and unite their forces against the aggressor. She 
sought to assure her security by alliances with States that feared 
Germany, and by a treaty of guarantee against aggression, the 
Locarno Pact, to which Great Britain subscribed. After long 
preliminaries, the Disarmament Conference did at last meet at 
Geneva in 1932: but it was attended mainly by experts of the 
armed forces of the nations, like a group of butchers attending 
a vegetarian conference. 

It was an inopportune moment; for the year before it met 
Japan had definitely challenged the League by her aggression in 
China. She refused to have regard for the recommendations of 
the Commission appointed, in accordance with the Covenant, to 
report on the causes of the trouble and recommend a solution. 
The elaborate provisions for collective security in order to 
maintain peace would not work, once a Great Power took the 
law into its own hands. Germany too, though outwardly dis- 
armed, was a growing cause for anxiety. She on her part was 
indignant that, though admitted to the League and a permanent 
member of the Council, she was not treated as an equal in the 
disarmament negotiations. The other Powers feared that she 
was secretly conspiring to rearm, and they no longer had armies 
of occupation to prevent it. The total result of the Disarmament 


13 


regular meetings of their statesmen and experts, nations would 
be persuaded to act together for the maintenance of peace and 
for the commonweal. In fact, a number of international agree- 
ments were adopted, as the result of conferences convened by 
the departments of the League. The International Hell was 
paved with good conventions. 

Yet in the first ten years of its activity, the League realised 
some of the hopes of the founders. It served, in spite of some 
shocks, to maintain world peace, and it made substantial progress 
with the instruments of world co-operation. The second ten 
years of its life, however, were a period of steady decline and 
disillusion. From the beginning, it had suffered a fatal weakness 
and disappointment through the defection of the U.S.A., whose 
President had been one of the authors of the Covenant. The 
American electorate went back to its isolationism immediately 
after the war; and the Senate’s refusal to adopt the Covenant 
rotted the heart of the Democracies. The attitude of the U.S.A., 
and to a less extent of Great Britain, about collective security 
has been compared to that of people living in a village with 
petrol stores, refusing to have a fire brigade. They would put out 
their own ure, but nobody else’s. The U.S.A. was unwilling to 
assume the active responsibility of a world Power, except at the 
Washington Conference in 1921, in dealing with naval armament. 
The original members of the League excluded, too, the Soviet 
Union, which they feared as a subversive power; and they 
excluded, for almost the whole of the first decade, defeated 
Germany. ‘The League in its carly years was, then, primarily a 
league of victors, minus one principal ally; and the victors had 
no great faith in their instrument. The world spirit was trying 
to conquer the national flesh, but had a hard struggle, because 
of the reluctance of the principal members of the League to 
curtail the absolute independence of the sovereign State. The 
idealists who fashioned the League were reactionary; they 
looked back to the ideals of the nineteenth century in both 
political and economic relations, and did not conceive the 
revolutionary change which was required for international 
government. 

In order to compensate or atone for her failure to enter the 
League of Nations, the United States took the lead in an effort 
which was ironically called the ‘‘outlawry of war.’’ The declara- 
tion known as the Kellogg Pact, after the American Secretary of 
State, was originally in the form of a Treaty between the U.S.A. 
and France, but was adopted in 1928 by almost all the States of 
the world. The nations repudiated war as an instrument of 


I2 


national policy, and pledged themselves to seek a settlement of 
any difficulties by peaceful means. But no sanction was provided 
for a breach of the pledge; no office was established to implement 
it, and in fact nothing was done to make it effective. It was “‘an 
international kiss, purely platonic, promising nothing for the 
future.’ The Pact exorcised war by words, but the spell would 
not work when the Devil (the Axis Powers) challenged. The 
first signature was that of the German Reich President. 

One of the provisions of the Covenant, which was designed to 
bring about the main purpose, to end war, was an undertaking 
to arrange a general reduction of national armament. Germany 
had been disarmed by commissions of the Allied nations; and the 
intent was that German should precede general disarmament. 
Something was done in this direction as regards naval forces 
by the Washington Conference of 1921, at which all the nations 
concerned in the Pacific region agreed to a substantial reduction 
of their navies. But as regards land and air forces, the European 
members of the League were slow to carry out the policy. Owing 
to the withdrawal of the United States, France was fearful of her 
position in relation to her eastern neighbour, so often her enemy, 
with nearly twice her population. She had little faith in the 
readiness of her fellow members of the League to honour their 
undertaking, and unite their forces against the aggressor. She 
sought to assure her security by alliances with States that feared 
Germany, and by a treaty of guarantee against aggression, the 
Locarno Pact, to which Great Britain subscribed. After long 
preliminaries, the Disarmament Conference did at last meet at 
Geneva in 1932: but it was attended mainly by experts of the 
armed forces of the nations, like a group of butchers attending 
a vegetarian conference. 

It was an inopportune moment; for the year before it met 
Japan had definitely challenged the League by her aggression in 
China. She refused to have regard for the recommendations of 
the Commission appointed, in accordance with the Covenant, to 
report on the causes of the trouble and recommend a solution. 
The elaborate provisions for collective security in order to 
maintain peace would not work, once a Great Power took the 
law into its own hands. Germany too, though outwardly dis- 
armed, was a growing cause for anxiety. She on her part was 
indignant that, though admitted to the League and a permanent 
member of the Council, she was not treated as an equal in the 
disarmament negotiations. The other Powers feared that she 
was secretly conspiring to rearm, and they no longer had armies 
of occupation to prevent it. The total result of the Disarmament 


13 


Gonference was 14,000 pages of reports, and no reduction in 
armed forces of any country by a single gun. 

A year after the breakdown of the Disarmament effort, the 
League suffered another equally disastrous failure, when it tried 
to deal with the economic crisis that afflicted the whole world. 
Only international co-operation in economic matters could 
retrieve the desperate plight of most of the nations, which had 
been brought about by the destruction of the world war and the 
barriers of economic nationalism erected after the war. But, 
again, the statesmen and the members of the League had not the 
courage to pool their resources for each other’s help. It is said 
that the Peace was lost because of the lack of charity of the nations 
to each other. Each Government sought in the economic blizzard 
to protect its own country against instability by raising tariff 
walls. They would not realise that, if they did not hang together, 
they would hang separately. The result was the homceopathic 
aggravation of the disease. ‘““The whole mechanism of inter- 
national intercourse was jammed and fractured . . . there was a 
mechanism for commercial warfare.” 

In place of international co-operation, each nation resorted 
to higher variffs, to quotas of imports and exports, to devaluation 
of currency as a competitive instrument. The result was that 
international trade was reduced by more than half, and in the 
principal industrial countries of the world a plague of unemploy- 
ment, such as has never been known, ravaged the social and 
economic life. The experts of the League diagnosed accurately 
enough the nature of the disease, and advised appropriate 
measures. But the national statesmen, who were under no 
obligation to take their advice, listened and did the opposite. 
A world Economic Conference which was convened in London 
in the summer of 1933, in order to bring about some international 
co-operation, was a complete fiasco. 

Following the failures of the Disarmament Conference and the 
Economic Conference came a series of direct blows against the 
security system of the League. First, at the end of 1933, Germany’s 
withdrawal from the League, and her declaration of rearmament; 
then, in 1935, Italian aggression against Ethiopia, a member of 
the League, which was met by half-hearted application of 
economic sanctions in accordance with the Covenant. The 
sanctions were calculated to cause inconvenience enough to 
rouse the passions of Italy, but not enough to be effective against 
her aggression. The Soviet’s accession to the League in 1934 


1 Transition from war to peace economy. League of Nations Report, 1943, quoted 
in Arnold-Forster’s Charters of the Peace, p. ‘70. 


14 


was not enough to bring fresh life and will. Then came German 
reoccupation of the Rhineland in 1936, in defiance of the 
Locarno Pact; and, in answer to it, the registration of protests by 
the League. In the same year, the intervention of Italy and 
Germany for help of the Fascists in the Spanish Civil War, and 
in reply, more protests of the League. In 1938, a year of terror, 
the Nazi aggression against Austria and Czechoslovakia; and in 
reply, more revolutions revealing the impotence of the League 
as a whole, and appeasement of the aggressor by its principal 
members. 

After 1938 and Munich, international action to achieve peace 
and security, and to promote co-operation, ceased to be within 
the field of vision. The result was to encourage in the Dictator 
States the ideology of force, which seemed to pay. It was a further 
weakness of the League that in its social and economic activity 
it had not been able to give any stability to the individual; and 
in the dissatisfied States the feeling of insignificance and im- 
potence of the common man led him to seek salvation in the 
authority of the National Dictator. 

In the last year before the war, the League was a body with a 
fine residence at Geneva, which had been completed and 
beautified, but without a soul. It had too much church for its 
faith. The fabric of the League as a political instrument for 
preserving peace crashed, and Europe was once more plunged 
into war. Again it was proved, very quickly, that war, like peace, 
is indivisible, and neutrality was, as President Roosevelt called 
it, an unconscionable evil. 

The Second World War began just twenty-five years after the 
outbreak of the First World War. The League of Nations was 
not dissolved, but it was an empty shell. The one section which 
maintained some life was the International Labour Office. That 
remained at Geneva for the first ““phoney”’ period of the war, and 
was later removed overseas to Montreal; while the Economic 
section was moved to Princeton. The Palaces at Geneva were 
occupied by caretakers and a few Statisticians. It was strange, 
and, as it turned out, a bitter irony, that the last meeting of the 
League Assembly, held in 1940, voted for the expulsion of the 
Soviet Union from the League because of the aggression on 
Finland. The Soviet representatives at the League were the 
champions of collective security, insisting that peace and war 
were indivisible. They were listened to with cynical contempt; 
but when the Soviet Union, foreseeing aggression against her- 
self, took measures to strengthen her frontier, at the expense of 
Finland, the members of the League in righteous indignation 


15 


declared her unworthy of remaining a member of their society. 
The memory of that expulsion has remained a factor in Russian 
international relations. 

Yet, if the League was moribund after 1940, statesmen of the 
United Nations recognised more clearly that a world society and 
a world organisation were the essential conditions of peace. And 
the English-speaking peoples, the British Commonwealth and 
the United States of America, who had taken the lead in formu- 
lating the Covenant of the League, took the lead, during the 
second year of the war, in framing the Charter which laid down 
certain common principles in the national policies of their 
countries on which they based their hopes for a better future of 
the world. That is the Atlantic Charter, drawn up on a man-of- 
war in an unnamed spot on the ocean by the President of the 
U.S.A. and the Prime Minister of the U.K. in the summer 
of 1941. 

The Charter is not a Covenant, and it is not a legal document. 
It is a very preliminary statement of very preliminary principles, 
very general in its wording, designed as a promise rather than 
a fulfilmen'; a challenge and not an answer. It contains just over 
300 words; and you cannot settle the world problems as briefly 
as that. But it gives the principles. 

The announcement of these common aims was made before 
America entered the war as an Ally. The English-speaking 
Powers recognised a common outlook for the future, and their 
declaration was soon adopted by all the United Nations, including 
the Soviet Union, as a basis of their war aims. The purpose of 
the Charter was not to supersede the purposes of the League of 
Nations. It was contemplated at the time-+that the League would 
be revived and revised, as an instrument for maintaining peace 
between the nations and developing international co-operation. 
But the Charter adds social and economic principles to the 
political principles and political machinery. There must be 
international instruments, not only for keeping political peace, 
but also for securing a fair distribution of the resources of the 
earth to all peoples, and economic and social well-being for 
nations. President Roosevelt had declared that all men in all 
lands should live out their lives in “freedom from fear and 
freedom from want,”’ and the Charter was designed to embody 
that assurance. 

A Greek philosopher said that war is a forcible teacher. The 
Second World War hammered in lessons which should have been 
learned after the First. Mankind has been living since 1918 
through a social revolution, the first world revolution of history. 


16 


The revolution was obvious enough in the Union of Soviet 
Socialist Republics and in the fascist States of Germany and 
Italy. But it needed a second world conflict to bring it home to 
the Democratic States. The war too brought it home that it is 
possible to pool the resources of States for a common enterprise 
without piling up unpayable masses of debt; and the Atlantic 
Charter contemplates a new positive activity of the nations in 
helping each other to secure economic and social well-being, as 
well as to take steps internally for the social and economic well- 
being of their citizens. In England, during the crisis of the war, 
remarkable reform was undertaken of the social services. 
Measures were prepared to ensure social security and to get rid 
of the giant spectre of unemployment. 
During the latter years of the war, a series of conferences of 
the United Nations made plans for international co-operation in 
tasks of reconstruction. They were held in the cities or sylvan 
resorts of the United States. There was the conference at Atlantic 
City which brought into being the United Nations Relicf and Re- 
habilitation Administration, to deal with the immediate post- 
war miseries. There was the conference at Hot Springs, which 
formulated a common policy on nutrition, to secure freedom 
from hunger for all pcoples. There was the conie:ence at Bretton 
Woods, which was concerned with the financial relations of 
world society, and drew up plans for an international monetary 
fund, and an international bank. ‘There was the conference of 
Chicago, which tackled, not very effectively, plans for an 
international organisation of civil air transport. Lastly, there 
was the conference of Dumbarton Oaks, limited to the official 
representatives of four big Powers, the United Kingdom, United 
States of America, U.S.S.R., and China, which drew up a plan 
for a World Organisation. ‘The plan was designed primarily as a 
scheme for maintaining international peace, and it profited by 
the Icssons of the failure of the League to repose power for 
enforcing the peace in the big States. At an earlier conference 
held at Moscow in October, 1943, the Big Four declared that 
“they recognised the necessity of establishing at the earliest 
possible date a general International Organisation based upon 
the sovereign equality of, and the membership of, all peace- 
loving States.’” two months later, when the President of the 
United States, the Prime Minister of the United Kingdom, and 
the Prime Minister and Generalissimo of the Soviet Union met at 
Teheran, they issued a further Declaration. ‘he peace “should 
banish the scourge and terror of war for many generations.” 
For the solution of the problem, ‘“‘they will seek the co-operation 


Bor 17 


and active participation of all the nations large and small, whose 
peoples in heart and mind are dedicated to the elimination of 
tyranny, slavery, oppression and intolerance . . . and welcome 
them as they may choose to come into the world family of 
democratic nations.” 

The repetition of these bright promises became almost weari- 
some. What was not unanimous, and what was more pertinent 
to a new order of world security, was the relation of the big 
Powers to each other and to the whole society. If they were not 
agreed about measures to be taken to ensure world peace and to 
combat any threat of it, would the voice of the majority prevail? 
That question was unsolved by the officials at the Conference of 
Dumbarton Oaks. It was examined by the heads of the three 
States in the Crimea early in 1945, when the invasion of Germany 
was about to be launched. The head of the Soviet Union held 
out for the right of veto of any of the Great Powers against 
coercive action. Measures to enforce peace and to apply pressure 
against any State threatening another could be taken only if the 
big Powers who were represented on the Security Council agreed. 
With that reservation, the conference of the United Nations 
assembled . t San Francisco in April, 1945, in order to draw up 
a Constitution for a world society which would replace the 
Covenant of the League. The outcome of its work was the Charter 
of the United Nations. 


18 


CHAPTER II 


THE ATLANTIC CHARTER AND MUTUAL 
AID TREATIES (LEND-LEASE) 


Tue ATLAntic CHARTER WAS published—it is said, per- 
haps in joke, that it was not signed—by Mr. Churchill and 
President Roosevelt on behalf of their respective countries. Mr. 
Churchill described it as ‘‘a simple rough-and-ready wartime 
statement of the goal towards which the Governments mean to 
make their way.” It is not, then, a statement of peace aims, but 
rather an indication of the direction of the New Order after the 
war. President Roosevelt made it clear that its name does not 
imply any geographical limitation. Its principles apply to the 
whole world. It lays down eight principles which, omitting 
qualifying words and phrases that are not unimportant, may be 
summarised as follows: 

1. No aggrandisement, territorial or otherwise. 

2. No territorial changes that do not accord with the freely- 
expressed wishes of the peoples concerned. 

3. Respect for the right of all peoples to choose the form of 
Government under which they will live, and the wish to see 
sovereign rights and self-government restored to those who have 
been forcibly deprived of them. 

4. The endeavour to further the enjoyment by all States, 
great or small, victor or vanquished, of access on equal terms to 
the trade and to the raw materials of the world which are needed 
for their economic prosperity. 

5. Lhe fullest collaboration between all nations in the economic 
field, in order to secure for all improved standards of labour and 
social security. 

6. Following the destruction of Nazi tyranny, a peace which 
will afford to all nations an assurance of dwelling in safety within 
their own boundaries, and that all men in all lands may live out 
their lives in freedom from fear and freedom from want. 

7. The right of all men to traverse the high seas without 
hindrance. 

8. This is the one long Article. It starts with the declaration 
that all nations of the world, for realistic as well as spiritual 
reasons, must come to the abandonment of the use of force. 


19 


Then, stating that peace cannot be maintained if armaments 
continue to be employed by nations which threaten aggression 
it lays down that, pending the establishment of a more permanent 
system of general security, disarmament of the aggressor nations 
shall be carried out. Thereafter measures will be taken to 
lighten for peace-loving peoples the crushing burden of arma- 
ments. 

Like other evangels, the Atlantic Charter has been subjected 
to many interpretations. It is a mistake to treat it as a legal 
instrument which is capable of exact definition, and imposes 
binding obligations. Rather is it a promise of the democratic 
countries for united effort to establish a better future for the free 
peoples. At a time of crisis, with the greater part of Europe 
crushed under the heel of the Herrenvolk, and menaced with the 
new order of serfdom, the Charter held out to the common man, 
as well as to the remnant of the oppressed nations engaged in the 
struggle, the hope of a world society based on economic and 
political freedom and mutual aid. Subsequent conferences, and 
the declarations and charters which issued from them, give flesh 
and bod to the skeleton. Yet, while no verbal commentary on 
the Charter is called for, it is worth while to examine each of the 
eight principles in turn. 

1. The first reaffirms one of the fourteen points of the peace 
programme at the end of the First World War, which repudiated 
all idea of annexation of territory. It seems to go further, because 
it rejects aggrandisement that is not territorial. That does not 
indeed involve a return of all the territory of the States which 
existed before the war or before Nazi aggression started. Nor does 
it preclude, as it has been interpreted, the acquisition by the 
victorious Great Powers of territory which they regard as 
necessary for their own security and for their part in maintaining 
world peace. President Truman made it clear, when he proposed 
the ratification of the Charter of the United Nations, that the 
United States had the full intention of obtaining bases in the 
Pacific which she regarded as essential for her interests. ‘The 
Soviet Union, too, which adhered to the principles of the Atlantic 
Charter, has already carried out sweeping changes of territory 
along her western frontier; and the States which are in her orbit, 
particularly Poland and Yugoslavia, have made far-reaching 
claims for new frontiers in order to assure their security. 

The broad principles, then, of no aggrandisement and “no 
territorial changes that do not accord with the freely expressed 
wishes of the peoples,”’ have been, in fact, considerably whittled 
away, in relation not only to the enemy countries, but to those 


20 


which are counted among the United Nations. Restitution, which 
might fairly be regarded as limiting the general principle, is 
interpreted very liberally. It includes territorial compensation 
for a country deprived of part of its former territory in order to 
reinforce the needs of national security of another State. 

2. The second principle was limited by subsequent declaration 
to the territories of the United Nations. It had no application 
to enemy States. ‘The wishes of the German people are not to be 
regarded in the future destiny of Germany. As regards Italian 
colonies and the former Mandated territories of Japan, which 
were German colonies before the First World War, the Charter 
of the United Nations again makes a fresh disposition, which is 
considered in a later chapter. 

3. The principle that pcople shall choose the form of govern- 
ment under which they shall live is likewise limited to the United 
Nations. The conference at Potsdam in 1945, which dealt with 
the Government in Germany, emphasies that the form of 
Government which the Nazis had established in Germany shall 
be extirpated. The German people should have no freedom of 
choice in that matter. The Soviet Union, too, has made it clear 
that for her security she must have at her border governments 
that are in accord with the principles of her socialist State. 

4. The clause with regard to sovereign rights calls for some 
limiting interpretation. It has been erroneously taken to mean 
that each nation could do what was right in its own eyes without 
regard to the intcrest and well-being of other States. That notion 
is inconsistent with the idea of a world society in which co- 
operation and mutual aid are the guiding principles. The word 
‘sovercign’”’ has had an unfortunate history, and an unfortunate 
influence in modern times. After the Reformation and the 
Renaissance, when the unity of Western Christendom was broken 
up, and the supreme authority of the Pope as the spiritual head 
was rejected, the rulers of States claimed to be absolute sovereigns 
over everybody and everything in their territory. When the 
Nation-State became the norm of the international society after 
the French Revolution, the idea of sovereignty was transferred 
from the ruler to the State itsclf'in relation to the other States. 
Just as the king is declared to be above the law in his country, 
and can do no wrong, so it was suggested that the king in his 
relation to other kings, and ultimately the State in relation to 
other States, was above the law. In theory, rulers and States 
were bound by a law of nations which was derived fiom the Law 
of Nature—that is, principles of reason and humanity which 
were found in the Bible, Roman law and other sources of the kind. 


21 


But in practice, when conflicting claims arose between rulers and 
States, they rejected the principles of law and would resort to 
force. To make war was regarded as the ultimate right of the 
sovereign State. It is an axiom of a world society that all its 
members should be governed by law; for, as the old maxim has 
it, where there is a society, there must be a rule or law. That is 
as true of the society of States as of the national society or of a 
club or trade union. Sovereign rights, then, which are to be 
restored to the peoples, mean no more than national independ- 
ence in internal matters. Moreover, some limit must be placed 
on the sovereignty of the State over its citizens, if the fundamental 
freedoms of the individual—freedom of opinion, freedom of 
religion, freedom from fear, freedom from want—are to be 
fulfilled. 

5. Paragraphs 4 and 5 of the Charter introduce a novel trend 
in international] relations: that it is the duty of the nations as of 
individuals to “‘love thy neighbour as thyself.’ The nations in the 
first part of the nineteenth century recognised that greater free- 
dom of trade would bring blessings to all peoples. ‘The removal of 
Customs barriers and tariffs was the road to peace and pros- 
perity. That policy might seem to be justified to the British 
people, which had a long start in industrial development, but it 
was soon doubted and repudiated by other nations of Europe 
and America. Tariff protection, which is a form of economic 
nationalism, seemed to be forced upon the governments in order 
to save their peoples from exploitation and ruin by the action 
of other States. So the vicious circle was started; and it was in no 
way corrected after the First World War, in spite of the pro- 
fessions of co-operation. The bitter experience of universal 
unemployment, which was one of the principal factors in the 
surrender of free peoples to totalitarian and tyrannical regimenta- 
tion, taught the error of national egotism. Economic well-being 
is aS indivisible as peace and war. Prosperity or decline in one 
country brings prosperity or decline in the whole. 

Great Britain and the U.S.A. undertook in the Charter to give 
the example of helping other nations to secure access to the raw 
materials of the world, which are largely in their areas, and of 
furthering economic advancement and social security for all 
peoples. It is true that the undertaking is limited by words 
‘“‘with due regard to their existing obligations.”” For Great 
Britain that means the economic agreements of Imperial Prefer- 
ence between her and the other members of the British Common- 
wealth. The arrangements made in Ottawa in 1932, at the height 
of the world economic crisis, provided for a protective system 


22 


between the British self-governing peoples. Similarly, the tariff 
system of the U.S.A. was designed to protect American industrial 
enterprise, suffering in the world depression, against the economic 
competition of Europe. These barriers, however, cannot be 
maintained if a sincere endeavour is made to give access on equal 
terms to the trade and raw materials of the world, and to bring 
about economic advancement and social security for all. 

6. The sixth principle envisages a world structure which will 
stand against the two great evils of our age: war on the one hand, 
and penury and unemployment on the other. The instruments 
by which these objectives are to be pursued internationally are 
the Security Council and the Economic and Social Council, to 
be established under the Charter of the United Nations. At the 
same time, the national governments must each pursue the object 
of social security for their own people. That has been done in 
England signally in the last years by the policy of social insur- 
ance, which is associated with Beveridge. 

7. The seventh principle, commonly described as the freedom 
of the seas, has been a traditional American policy in her inter- 
national relations. It has exact meaning only in rclation to war, 
for the freedom of the high seas to all States in peace has been 
a recognised rule of international law since the seventeenth 
century. In the past, however, international law has accorded to 
belligerent Powers definite rights of interfering with the passage 
of the ships and the commerce of neutral States. When neutrality 
was a recognised and normal status, the United States cham- 
pioned the cause of neutrals, and restricted those belligerent 
rights, visit and search, contraband and blockade. During the 
first years of the First World War, she stood against the British 
full assertion of the belligerent claims and the German assertion 
of fresh terrors of submarine warfare. She finally entered the war 
on the side of Great Britain and France against the Central 
European Powers because of the German outrage of unrestricted 
submarine warfare, which hit alike neutrals and enemies. She 
then pressed to the utmost hersclf those belligerent rights against 
a few remaining neutrals. But in the World Order which 1s con- 
templated there should be no further war, and if measures short 
of war are taken on behalf of the world society against a State 
threatening the general peacc, the rupture of intercourse by land 
and sea is one of the lawful measures which the Charter of the 
United Nations prescribes. 

The principle might be interpreted to have regard to the 
proposal, which has been made during the war, that ports of 
vital strategic and commercial importance, such as Gibraltar, 


23 


commanding the entrance to the Mediterranean, Aden, com- 
manding the entrance to the Indian Ocean, Singapore, com- 
manding the entrance to the China Seas, should be placed under 
some international authority. And one of the subjects to be 
brought before the United Nations Organisation is the regulation 
of international waterways, such as the Dardanelles. The clause 
might also be argued more daringly to imply a fresh principle, 
that all men should be free to traverse the high seas, and emigrate 
to countrics overseas. Yet it is unlikely that cither the President 
of the United States or the Prime Minister of Great Britain, in 
adopting the principle, had any intention of the kind. Freedom 
of immigration is not accorded, or contemplated in Great Britain, 
the British Commonwealth of Nations or the United States of 
America. Nor is there any indication in any subsequent declara- 
tion or Charter that this application of the principle of freedom 
is to be granted. 

8. The last point is an asscrtion in fresh terms of one of the 
main and w: ‘fulfilled ideas of the League of Nations: the abandon- 
ment of the use of force to settle international disputes, and the 
disarmament or the reduction of armaments of the nations to 
that end. The Article of the Charter lays down as a first and 
necessary step the disarmament of the aggressor states after this 
Second World War. That follows the provision in the peace 
treaties made after the First World War with regard to the 
disarmament of the vanquished States. Notable is the reference 
to spiritual as well as realistic reasons. Spiritual motives have 
hitherto had too small a part in international relations, while 
the world will not be safe for democracy or any other form of 
government until the moral ideas, which are recognised in the 
relations between individuals, are respected in the relations 
between States, and until the idea that humanity is one penetrates 
the mind of statesmen and peoples. The realistic reasons for the 
abandonment of force have been terribly reinforced since the 
Atlantic Charter was signed. They might have seemed strong 
enough before the outbreak of the war, when the power of 
destruction from the air was already apparent. They are over- 
whelmingly strong at the end of the war, when the flying bomb 
and finally the atomic bomb have proved man’s power by 
machines of his creation to destroy mankind. 


Mutual Aid Treaties 


The first definite effort to give expression to the principles of 
the Atlantic Charter in the conduct of nations was made when 


24. 


the United States of America entered the war at the end of 1941. 
In January, 1942, the four principal allies, the U.S.A., the United 
Kingdom, the U.S.S.R. and China, together with the members 
of the British Commonwealth, the European nations and the 
Central American nations which were leagued together, adopted 
the programme of principles embodied in the Charter. A month 
later, a Treaty was made between the U.S.A. and the U.K. 
defining principles of mutual aid for the prosecution of the war 
against aggression. ‘That was an agreement concerning a system 
which was already being applied, and was popularly known as 
‘*Lend-Lease.”’ While still neutral, the President of the U.S.A. 
obtained an agicement from Congress to the supply of munitions 
of war to Great Britain, not on the normal terms of purchase and 
sale, but on the terms of loaning and leasing without payment. 
He had convinced his people that the defence of the United 
Kingdom against Nazi aggression was vital to the defence of the 
United States of America, and therefore America should extend 
to the United Kingdom the fullest measure of aid in war without 
cash payment. 

During the First World War America piled up an immense bill 
against Great Britain for supplies to the British and Allied 
peoples fighting against Germany. Even when the U.S.A. came 
into the war as a belligerent, she continued to charge her allies 
for the munitions and foodstuffs. That crushing burden of war 
debts could never be paid off by the victorious but impoverished 
Allies in Europe to their victorious and wealthy creditor ally. 
They were scaled down, but even the residue was beyond their 
limits of payment, and the residuary debt was a cancer in the 
relations between America and Europe till the outbreak of the 
second world conflict. 

In the first year of the war, the old system was maintained. 
Great Britain was able to obtain supplies from America in large 
quantities, but was required to pay cash, and used up her credits. 
The point came when, left to face the Axis alone, she had no 
longer the means to pay. A new relation, something like inter- 
national communism, “from each according to his capacity: to 
each according to his need,’ was adopted as between allies. It 
was applied to all the States fighting the Axis Powers. The 
system of ‘‘Lend-Lease’’? was completed by what is called 
‘Reverse Lend-Lease’’—-that is, provision and services rendered 
to the American forces by the members of the United Nations. 
The ultimate way of dealing with the credit and debit has not yct 
been clearly defined, but the treaty lays down a broad principle. 
“In the final determination of the benefits to be provided 


25 


to the U.S.A. by the Government of the U.K. in return for 
aid furnished under the Act, the terms and conditions shall be 
such as not to burden commerce between the two countries, but 
to promote mutually advantageous economic relations. To that 
end, they shall include provision for agreed action, directed to 
the expansion of production, employment and the exchange 
and consumption of goods which are the material foundations 
of the welfare of all peoples.” That article is a signal for a policy 
of free, or at least freer, trade between all nations. It mentions 
also the elimination of all forms of discriminatory treatment in 
international commerce, and the reduction of tariffs and other 
trade barriers. It indicates that this new policy of mutual aid 
between the nations, initiated in war and for the purposes of war, 
is designed to further the attempt at world-wide economic 
progress set out in the Atlantic Charter. How this generous 
purpose is to be carried out in generous action, is a task left to 
governments in the light of economic conditions. The Mutual 
Aid Treaty between the U.K. and U.S.A. is a master model of 
agreements made between the U.S.A. and all the other members 
of the Usited Nations. It is to be borne in mind that, while much 
has been supplied in the terms of ‘“‘Lend-Lease,”? much was 
supplied on the old basis of the cash nexus. Great Britain has a 
great burden to carry also of blocked sterling balances which 
have been accumulated in favour of India, the British Dominions, 
and the Colonies, by reason of their supplies; and America has 
the benefit of vast dollar balances with which she is credited in 
many of the Allied States. She has, too, the benefit, of having 
built up a vast export surplus at the very time when Great 
Britain, in order to make the greatest possible contribution with 
her man-power to the war effort, was reducing export trade. 

It came, then, as a sudden and heavy blow when the Govern- 
ment of the U.S.A. announced, immediately after the end of the 
war with Japan, that the Lend-Lease system was at once ended, 
and all outstanding contracts under it were cancelled. All stocks 
and deliveries procured by Britain and other Allies from America 
must be paid for either in cash or credit arrangements to be 
negotiated. It is confidently hoped that on this occasion the 
readjustment of the economic systems of the world, after the 
chaos of war, will not be hampered by maintaining burdens of 
international indebtedness which those States who bore the first 
brunt of battle for civilisation cannot see their way to discharge. 
Co-operation and prosperity, national and international, will 
depend upon the establishment of regular commercial exchanges; 
and world-wide trade, such as the Atlantic Charter contemplates, 


26 


will be attained only if the principles of Lend-Lease continue to 
be regarded, even if the specific practices of the “grand swop”’ 
have to be modified. The United States, now that she has stopped 
supplies on a Lend-Lease basis, may find it to her interest to 
enable us to turn towards free multilateral trade by continuing to 
supply us from her surplus, till we are able to stand by ourselves. 


27 


CHAPTER III 


INTERNATIONAL FUNCTIONAL 
ORGANISATIONS 


Iris A CHARACTERISTIC of our time to form institutions, 
national and international, for a specific function. This is the age 
of functional architecture, i.e. buildings designed essentially for 
their purpose; and it is the age also of functional conferences, 
councils and organisations. In the failure to obtain agreement on 
an international political structure which will replace national 
Sovereignties, and the failure to adopt broad ethical principles 
in the relations of States and peoples, the advance towards an 
organic international society is made by a serics of limited 
organisations, each with its special purpose. It is a pragmatic 
approach, moving step by step from action and experience. 
Social interdependence is more and more pervasive and per- 
ceptible; and if it is organised, the expectation is that political 
interdependence will be acknowledged. 

By collaborating together for particular common interests, 
the nations should get together for general ends. It was one of 
the main aspects of the League to foster national co-operation 
for specific and technical concerns. The treaties of peace, which 
incorporated the Covenant of the League, included also the 
Charter of Labour and the constitution of the International 
Labour Office. The League formed a series of technical depart- 
ments of the Secretariat at Geneva which organised the nations 
for combined action about such interests as health, control of 
opium and noxious drugs, and refugees. And these social and 
humanitarian activities of the League organs were pursued more 
effectively than the political activities of the Council and the 
Assembly which aimed at maintaining peace and sccurity. 

The principles which inspired the Atlantic Charter require 
an expansion of these activities. The nations are to collaborate 
with the object of securing for all improved labour standards, 
economic advancement and social security. The first steps 
towards a new world structure were in fact taken by the forma- 
tion of international bodies for functional co-operation. The 
International Labour Organisation, which was the most import- 
ant of these bodies in the League, maintained its activity during 


08 


the war; and in the earlier period of the struggle it was marked 
as the instrument for preparing plans for a new world order. 
Subsequently that important part in reconstruction was not 
confirmed, probably because the Soviet Union, though actively 
interested in the 1.L.O. at one period, was expelled from it in 
1940, and consequently bore it no affection. But the Organisation 
calls tor notice because its main object is the welfare of the com- 
mon man, the worker in the full sense of the term, and because 
also it is likely that it will remain one organ in the reconstruction. 


International Labour Office 


It was during the First World War that the idea of an inter- 
national office to secure better social and working conditions in 
all countries took practical shape. When the plan of the League 
was adopted, it was laid down that all countries which were 
members of the League should automatically become members 
of the Labour Organisation. The Constitution, however, of the 
two bodies was different. While the Conference, the Governing 
Body and the Office corresponded in their general function with 
the Assembly, the Council and the Secretariat of the League, 
they had one fundamental distinction. Not only governments, 
but employers and workers were represented on them. The two 
government delegates of the Conference were accompanied by 
one employcr and one worker, chosen as national representatives 
in consultation with the principal national unions of employers 
and workers. Likewise, on the Governing Body or Executive 
Committee there were sixteen government delegates, cight 
employer and eight worker members. The business of the 
Conference was to formulate conventions and recommendations 
to improve working conditions throughout the world, about 
matters such as the employment of children and of women, 
social insurance, industrial health, forced labour, working 
conditions of seamen. But the law was not enacted by decisions 
of the Conference; if adopted by a two-thirds majority, the 
convention was submitted to cach of the member States, who 
were required to consider whether they would ratify or reject it 
and then adopt it in their national legislation. During the period 
between the two wars, the organisation formulated something 
like a labour code. ‘The guiding principle was that peace must be 
founded on social justice; and conditions of labour which involved 
hardship and privation would produce unrest that imperilled 
peace and good order. 

The Office, transferred in 1940 from Geneva to Montreal, 


29 


continued its studies, and its annual review of labour conditions. 
Though conferences were suspended in 1942 and 1943, the 
Governing Body convened in 1944 at Philadelphia a conference 
of special significance at which over forty countries were repre- 
sented. The first business was to define afresh the plans and 
function of the I.L.O. by a Declaration which, while repeating 
the main principles of the Labour Charter of 1919, amplified 
them, and added to them. One of the added principles was that 
the promotion of full employment was a national duty. That was 
in accord with the social movement in Great Britain and other 
democratic nations. It was recognised that the fulfilment of the 
purposes in the Atlantic Charter—improved labour standards 
and social security for all peoples—requires a powerful inter- 
national instrument; and the Foreign Secretary of the British 
Government, addressing the Governing Body of the I.L.O. in 
1943, contemplated that it should be the instrument ‘‘through 
which, by consultation of governments, managements and 
operatives, a comprehensive programme of labour and industrial 
reconstructio.: can be worked out.” 

The Declaration reaffirmed four fundamental axioms: 

(a) Labour is not a commodity. 

(b) Freedom of cxpression and association are essential to 
progress. 

(c) Poverty anywhere constitutes a danger to prosperity 
everywhere. 

(d) The war against want must be carried on with unrelenting 
vigour by each nation, and by continuous international effort, 
in which representatives of workers and employers enjoy equal 
status with those of governments, and join with them in free 
discussion and democratic decisions. A specific programme which 
the Organisation is to further after the war includes: (a) Full 
employment and the raising of standards of living. (6) The 
provision of facilities for training and the transfer of labour, 
including emigration for employment and settlement. (c) Policies 
in regard to wages and earnings, . . . which will ensure a just 
share of the fruits of progress to all and a minimum living wage 
to all employed and in need of such protection. (d) ‘The assurance 
of equality of educational and vocational opportunity. 

The Conference affirmed that the principles are fully applic- 
able to all peoples everywhere, and that, ‘‘while the manner of 
their application must be determined with due regard to the 
stage of social and economic development reached by such people, 
their progressive application to peoples who are still dependent 

. Is a matter of concern to the civilized world.” The Inter- 


30 


national Labour Organisation has stated its objects definitely. 
The attainment of the objects may not be easy, particularly as 
its status In the new order is not altogether clear. 


Food and Agricultural Organisation 


The first of the new organizations created during the war was 
concerned immediately with Nutrition. It was the outcome of the 
Conference of the United Nations on food and agriculture, held 
at Hot Springs in 1943. During the declining days of the League, 
nutrition was clutched at as a positive purpose in which the 
nations could co-operate; but nothing was done except to collect 
reports and statistics. One of the lessons of war, in England and 
elsewhere, was that Government action could secure adequate 
distribution of reduced supplies of the nation for the common 
good. And popular interest in nutrition questions was stirred. 
Freedom from want, in its most elementary sense, implies frec- 
dom from starvation or malnutrition. An immense cffort is 
necessary to attain it in the world. More than three-quarters of the 
peoples of Asia and Africa have not the necessary sustenance for 
a healthy life; and not a small proportion of the population of 
the most advanced countries, like Great Britain and the U.S.A, 
lack that sustenance. There has never been enough food for 
the health of all people, while our knowledge and Nature are 
sufficient to provide it. It requires imagination and firm will 
on the part of each Government and people to make use of the 
knowledge. And that has been lacking. 

The first cause of hunger and malnutrition is poverty. ‘There 
must be an expansion of the world economy to provide the 
purchasing power which could enable the peoples to obtain an 
adequate diet. That again depends upon full employment in all 
countries, enlarged industrial production, an increasing flow of 
trade within and between countries, orderly management of 
domestic and international investment, and sustained internal 
and international economic equilibrium. Lastly, if the primary 
responsibility lies with each nation for seeing that its own people 
have the food needed for life and health, each nation can fully 
achieve that end only if all work together. That is a summary of 
the conclusions of the Conference, which resolved to establish 
a permanent organisation to be a centre of opinion and advice. 
Immediately it appointed a commission in Washington to draw 
up a detailed plan for submission to the governments. 

It is notable that one of the earliest international institutions 
was established, before the First World War, in Rome by an 


al 


American idealist of Russian extraction, to do research and 
spread information about agricultural production all over the 
world. That institution will now be supplemented by a world 
organisation which will not only deal with improvement of 
production, but will work out plans for the better distribution of 
food and agricultural products, and particularly for bettering the 
condition of rural populations who comprise two thirds of the 
world’s inhabitants. The Constitution of the Food and Agri- 
cultural Organisation (now adopted) provides for a conference, 
in which each member nation will be represented by one mem- 
ber, an Executive Committee of nine to fifteen members, to be 
appointed by the conference, and a Director-General appointed 
also by the conference with a technical staff. The first Conference 
was held at Quebec in October 1945: ‘The purposes are to raise 
the level of nutrition and standards of living of the peoples; and 
to contribute towards an expanding world economy by furthering 
separate and collective action. The work will be advisory rather 
than execv ive; it is to promote national and international action 
with respect to (a) research relating to nutrition, food and agri- 
culture; (b) the improvement of education and administration 
relating to these things; (c) the conservation of natural resources; 
(d) the improvement of the processing, marketing and distribu- 
tion of food; (e) the adoption of policies for adequate agricultural 
credit. It is to “marry” agriculture and food. 

The Interim Commission has worked out a world plan to 
provide food for all on a health standard. The devastation of war 
and its aftermath have made that task desperately urgent. At 
the preliminary conference in 1943, it was said: “During the 
period of critical shortage in the aftermath of war, freedom from 
hunger can be achieved only by urgent and concerted efforts to 
economise consumption, to increase supplies, and distribute 
them to the best advantage.”’ The destruction during the last 
two years of towns, industries and transport has reinforced 
that warning. 


United Nations Relief and Rehabilitation Administration (U.N.R.R.A.) 


The first practical attempt to apply the principles of mutual 
responsibility was the Relief and Rehabilitation Administration 
of the United Nations, which was formed in November, 1943. 
The main purpose of the Administration is “‘to plan, co-ordinate, 
administer or arrange for the administration of measures for the 
relief of the victims of war, through the provision of food, fuel, 
clothing, and other basic necessities, medical and other essential 


32 


services.” It had been recognised much earlier in the war that 
the United Nations would be faced with a stark problem of relief 
for suffering humanity, which was unparalleled. Millions— 
indeed, tens of millions—of the peoples of Europe, Asia and 
Africa were uprooted and despoiled, their property destroyed, 
while their country was ravaged and its communications ruined. 
The simplest needs could only be met by combined action of the 
great nations. Hopes were high that the international co-opera- 
tion would be adequate, immediately upon the liberation of the 
countries, to render to the population the aid and relief from 
their sufferings, to prevent pestilence, to arrange for the return 
of displaced persons and exiles to their homes, and to assist in the 
resumption of agricultural and industrial production and the 
restoration of essential services. The hope has been bitterly 
disappointed, partly by the immensity of the problem, greater 
than was then foreseen, partly by the circumstances of military 
occupation, partly by the unexpected revival of national jealousies 
against international action, even when it was directed to material 
succour. Yet U.N.R.R.A. has come into being and into activity. 
Its members include all the United Nations, those who can 
contribute, and those who have suffered. ‘The Council consists 
of one representative of each government; a Central Committee 
of representatives of what were the four Big Powers. The Dircctor- 
General, who controls the machine, is an American and the staff 
is international. All the countries agrec to contribute annually 
I per cent. of their national income, but the experience of the 
first year of relief and rehabilitation in Europe proved the in- 
adequacy of that income, and a further contribution will have 
to be made. 

U.N.R.R.A. is limited to the immediate rehabilitation—that 
is, the first steps required for the resumption of material, financial 
and economic life, sowing the land, equipping industry, and 
seeing to the transit of goods. Its mission and its purpose do not 
extend to mere permanent reconstruction. In great measure, 
its work has been in administering relief and sending back from 
Central Europe to their countries millions of ‘“‘displaced”’ men, 
women and children, who were torn from their homes for the 
purpose of serf labour by the Nazis. It is also concerned with the 
finding of new homes for the hard core of “displaced persons’’— 
a strange euphemism—who have no fatherland to which to return, 
either becausc they are stateless, or because they are unwilling 
to live under the new régime of their former State. In this work 
it is assisted by an older international body, the Inter-govern- 
mental Committee for Refugees. Before the war the Nazis had 


33 


driven from their country a mass of their citizens, for political 
and racial reasons, and these waifs and strays of humanity, 
homeless and helpless, were a grave international problem. 
President Roosevelt convened an International Conference at 
Evian in 1938, to consider measures for their settlement; and 
that led to the formation of the permanent Inter-governmental 
Committee. When war interrupted its activity, it had prepared 
plans, but had advanced little towards execution. To-day it is 
faced with a much greater task for the hundreds of thousands, 
possibly more, who cannot be restored to the lands which they 
left. 


International Monetary Fund and International Bank for Reconstruction 
and Development 


After the chaos of the Second World War, which is immeasur- 
ably greater than the ruin of Europe after the first, the recon- 
struction of a workable world economy is one of the foremost 
tasks to be faced. The monetary and financial conference of the 
United Nations, which was held in the summer of 1944 at Bretton 
Woods, was a first international effort to this end. One of the 
central problems of the international monetary organisation is 
to ensure that the production and international exchange of 
goods are not impeded by currency difficulties. In the long run 
there must be a balance between the payments abroad and the 
receipts from abroad of each country. If that balance is tem- 
porarily upset, the country must borrow enough foreign exchange 
to tide it over the difficulty. 

Before the First World War nearly all countries accepted the 
gold standard; and owing to the great share of Britain in the 
world’s total trade during the nineteenth century, a very large 
part of that trade was financed by bills drawn on London houses 
in terms of the pound sterling. The bill on London then fulfilled 
in a large part the functions of an international currency. That 
happy state of things could not be restored after the First World 
War. America had become a centre of bank business, and was 
gradually absorbing the greater part of the world’s gold. Great 
Britain made a big effort to keep to the gold standard; but in 
1931 she had to abandon it and devaluate her currency. One 
after the other, the nations took that step; and the manipulation 
of currency in order to promote exports and restrict import trade, 
and the control of foreign exchange by the State in many 
countries were amongst the factors that aggravated the economic 
blizzard of the ’thirties. During the war currencies and exchange 


34 


everywhere have been controlled, and there has been no free 
market. At the same time, there has been a staggering destruction 
of property and a staggering expenditure of national capital. 
Great Britain, in particular, in spite of the help of Lend-Lease, 
has had to sell the greater part of her foreign investments. 
Instead of being a creditor nation, she has become a debtor 
nation on a vast scale. It is estimated that the blocked balances 
of sterling which represent her indebtedness to countries in the 
sterling area alone, and must be liquidated, amount to three and 
a half billion pounds. At the same time she is anxious to get back 
to the conditions of free exchange and multi-lateral trade. That 
is at least as strongly a desire of the U.S.A., which is the other 
principal trading nation. 

It was the purpose of the Bretton Woods Conference, in which 
most of the United Nations took part, to devise a scheme of 
international action which will get rid of controlled exchange, 
maintain an international monetary system, and promote foreign 
trade. They proposed to set up for that purpose an International 
Bank for Reconstruction and an International Monctary Fund 
to which all the States would contribute according to their 
income. The Fund would be used to help each other to overcome 
short-term exchange difficulties. The Agreement, which is 
highly technical, has not yet been adopted by Great Britain and 
the United States, the two principal Powers concerned. It 
contemplates the maintenance of exchange control hy a State 
for a further period of five years; as a compromise between the 
American desire for immediate return to free exchange, and the 
need of Britain and other impoverished nations for a transitional 
period of control. For normal conditions an international fund 
of $8,800,000,000, is to be created, and each nation pays its quota, 
25 per cent. in gold, and the balance in its own currency. Each 
currency is assigned a parity expressed in terms of gold or the 
Amcrican dollar; and each member of the Fund—as the organ is 
called—shall not propose a change of the value of its currency, 
except to correct a fundamental disequilibrium. In that case, it 
will consult and notify the Fund, which will raise no objections 
to a change of 10 per cent. A request may be made for a further 
10 per cent. change; and that will be approved or disapproved. 
The Fund will be managed by a Board of Governors, composed 
of a representative of each member, serving for five years and 
meeting annually. An Executive Directorate of twelve members 
will be in continuous session. Decisions will be made by majority 
vote; but a change of quotas will require a majority of 80 per 
cent., and certain other decisions will require a three-quarter 


35 


or two-thirds majority. The fate of the Fund is still in the balance. 
But it seems clear that for world economic recovery Britain and 
the U.S.A. must act in collaboration. 

The other agreement of Bretton Woods, concerning the 
formation of an International Bank for reconstruction and 
development, is less controversial. ‘Ten years after the end of the 
last war, it was found necessary to establish a Bank for Inter- 
national Settlements, with its seat at Basle, particularly with a 
view to manage the German and other reparations. The Bank, 
which had as its directors representatives of the principal. 
countries of the League, though it was never made an instrument 
of the League, served to co-ordinate to some extent the central 
banks of the member countries. But its functions remained 
limited, and it did not play any useful part in helping the dis- 
tressed countries during the period of cconomic collapse. The aim 
of the new International Bank is more ambitious. It is essentially 
a long-term credit institution, with the purpose of providing 
capital for financing sound projects which for various reasons 
cannot obt.in funds in the regular capital market at a reasonable 
interest. It.) main operation is to guarantee loans issued in the 
regular markct. It is a co-operative undertaking. Each member 
of the monetary fund must be a member of the Bank, and will 
subscribe a share of the capital bascd similarly on its resources. 
The contribution of the U.S.A. will be one-third of the original 
capital, which is fixed at $9,100,000,000, and may be increased 
to $10,000,000,000 if neutral States come in. The contribution 
of the United Kingdom has becn fixed at $1,300 million; of the 
U.S.S.R. at $1,200, France $450, China {600 million. The 
Bank will not finance relief; it is essentially for reconstruction. 
The voting power of the members will be proportionate to their 
subscription, and the organisation and management will be 
fixed in a similar way to that of the Fund. The Bank and Fund 
are bound up together, and any member which withdraws from 
the Fund will automatically cease to be a member of the Bank 
unless a three-fourths majority of all the members agrees other- 
wise. 

The Fund and the Bank will be parts of an international 
co-operative effort to restore the economic structure. The 
international monetary system will not work smoothly unless 
international investment is planned and controlled by an 
international authority. Both the American and British Govern- 
ments have recognised the necd tor a system of control of inter- 
national investment. Both have recognised also that economic 
stability and the maintenance of international trade depend 


36 


primarily on the ability of the countries to maintain prosperity 
and full employment at home. The agreement of Bretton Woods, 
then, if and when it is ratified, is to be regarded as a first step of 
international collaboration in the economic field. It will be for 
the Economic and Social Council of the United Nations, together 
with the specialised agencies, to design the full plan. 


Civil Aviation Organisation 


The Conference on civil aviation held at Chicago in December, 
1944, Showed a division of outlook between the U.S.A. and the 
United Kingdom similar in its nature to the difference of view 
about the monetary policy, and more difficult to adjust. The 
Americans insisted on the maximum [reedom of the air, being in 
far the strongest position in the resources of air transport. The 
United Kingdom and thc British Dominions stood out for inter- 
national planning and regulation. In this Conference the 
U.S.S.R. took no part, on the ground that Spain, Portugal and 
Switzerland, three neutral States with which she had no relations, 
were invited. 

It was common ground that civil aviation must be regulated 
internationally. A Convention of 1919 provided that every Power 
has complete and exclusive sovereignty over the air-space above 
its territory. And in 1929 an amendment of the Convention gave 
every State authority to grant or refuse the establishment of 
international airways and the creation of international air 
navigation lines, with or without landing on its territory. Till 
the war, the right of aircraft to travel over any country had to be 
secured by unilatcral grant or bilateral arrangements. Certain 
international regulations were adopted but there was no freedom 
of the air comparalle with the freedom of the high seas. 

At the Chicago Conference, four plans for international 
regulation were presented, from the U.S.A., the United King- 
dom, Canada, and Australia-with-New-Zealand. ‘The Americans 
pressed for the fullest opportunity for civil aircraft to serve all 
countrics. They demanded five freedoms: (1) of peaceful transit, 
(2) of non-traffic stop (to refuel, repair or refuge); (3) to take 
traffic from the homeland to any country; (4) to bring traffic 
from any country to the homeland; and, finally (5) to pick up 
and discharge traffic at intermediate points on a route traversing 
a number of States. Australia and New Zealand, at the opposite 
extreme, put forward a project for the complete internationalising 
of civil aviation: one world airways responsible to a world 
authority. Great Britain proposed a mean way. She was prepared 


37 


to facilitate American and British enterprise on international 
routes, and to grant the four first freedoms of the American 
programme, but not the fifth. She wished to retain within the 
Commonwealth certain services for her own lines, and to vest in 
an international authority the power of rationing international 
services. 

No final agreement could be reached between the divergent 
views, and the establishment of a definite international aviation 
authority has been adjourned. Great Britain approaches the 
question from the point of view of order; the United States from 
the point of view of freedom. Two conventions embodying the 
different standpoints were adopted, and are open for signature 
by the States which prefer one or the other. The Air Transit 
Agreement, sponsored by the British, provides that each contract- 
ing State grants to the others two freedoms in respect of the 
international air services: to fly across its territory without 
landing, and to land for non-traffic purposes. The Air Transport 
Agreement, sponsored by America, provides for the grant by 
each contracting State to the others of the five freedoms. 

Unanimous agreement was obtained upon the international 
licensing of .ircraft, international rules of air navigation and 
transport, and international standards and procedures. Agree- 
ment also was reached on the constitution—in due course—of an 
international air organisation with an Assembly, a Council 
composed of twenty-one members elected by the Assembly, and 
an Air Navigation Commission appointed by the Council. A 
provisional organisation, with an Interim Council, has been 
established at Montreal. It will operate for not more than three 
years, and will exercise technical and advisory functions. It will 
be superseded by the Civil Aviation Organisation when the 
Powers have come to a final agreement. 

Thus, over a wide field of human endeavour, touching the life 
of the peoples and of the common man, international organisation 
and international regulation have bcen rapidly advancing during 
the years of the war. That is the preparation for the overall 
World Organisation in the era which is beginning. There will 
be no lack of material for the bodies created by the Charter to 
work upon, if they have the will. 


Educational and Cultural Organisation 


Among the forms of international co-operation which the 
Economic and Social Council is directed to encourage is educa- 
tional and cultural activity. The material needs of the United 


38 


Nations have had precedence in time over the intellectual. It was 
not till August, 1945, after the publication of the Charter of the 
United Nations, that a draft constitution was published for an 
international cultural organisation, and it was announced that 
a conference of representatives of the United Nations would be 
held in London in November. During the war, indeed, the Allied 
Ministers of Education who were in London regularly met for 
matters of common concern. Their conferences prepared the 
way; and the United States, which had no part in them, later 
took the lead in urging a permanent body. The main purposes 
of the projected organisation are stated as: (1) to develop mutual 
understanding and appreciation of the life and culture, the arts, 
humanities and sciences of the peoples of the world, as a basis for 
effective international organisation and world peace, and (2) 
to co-operate in extending and making available to all peoples 
the world’s full body of knowledge and culture, and in assuring 
its contribution to economic stability, political security and 
general well-being. ‘These large purposes will mean much or 
little according to the will, not only of governments, but of the 
academic and cducational bodies, the teachers and the students 
among the peoples. 

The lack of educational preparation among the masses of the 
people concerning a world society was one of the fatal weaknesses 
of the League of Nations. The League of Nations Union in this 
country spread some understanding, but had no adequate part 
in the educational system of the country. And the League ‘“‘was 
backed more by sentiment than by intelligent understanding.” 
It included an organisation of intellectual co-operation, of 
which Professor Gilbert Murray was once the Head. The organ- 
isation had a permanent Institute at Paris, which was created 
through the cultural gencrosity of France, but was starved by 
most other States. It was helpful in organising the exchange of 
students and professors, circulating knowledge about libraries 
and muscums, arranging international study conferences, and, 
to a limited extent, supervising the content of national history 
and geography books. But these were frills, and did not touch the 
heart of the problem; to make the common man understand the 
elements of a world socicty. It has been said that the most 
dangerous form of government is an uneducated democracy; 
and the same idea applies to international government. The 
peoples and not the governments can give substance to inter- 
national co-operation. 

The conference will consist of representatives of all the United 
Nations. One of the principal questions in issue is the method of 


39 


appointment of the representatives. It is agreed that non- 
governmental bodies and interests should participate, but the 
extent of their participation is not agreed. One proposal is that 
three out of the five members of the delegation shall be selected 
in accord with a national co-operating commission representing 
academic bodies, teachers and the like. Another proposal is that 
the three members shall be chosen directly by the commission. 

It is to be hoped that the cultural organisation will not be, like 
its predecessor, the Cinderella of the world society. The experi- 
ence of the war has been valuable for the wide spread of education 
in current affairs to millions in the Forces, and for the opportunity 
it has given to millions of men and women to see countries and 
something of the life of other peoples. It should be the task of 
the international organisation to strengthen and enlarge that 
foundation, promote an international auxiliary language and 
build up in every country an international ethos, a sense of 
loyalty to the larger society—a world citizenship. 


40 


CHAPTER IV 


PROJECT OF DUMBARTON OAKS 


Av rue Moscow Conrerence of the heads of the Great 
Powers (1943), it was decided that steps should be taken to 
establish a general international organisation to maintain world 
peace and foster international co-operation. All peace-loving 
Powers should be members, and the basis of the Organisation 
should be the sovereign cquality of the nations. The test of 
peace-loving was found later in the declaration of war against 
the Nazis before a certain date; the condition of sovereign equality 
meant that there should be no attempt to establish a super- 
State. Nor were the nations of the world yet ready for federation. 
The intention was to carry on the functions of the League of 
Nations, but by a better instrument. In the autumn of 1944 high 
officials of the United Kingdom, the U.S.A., the U.S.S.R., and 
China met at Dumbarton Oaks to draft a plan, and as a result of 
their conversations drew up tentative proposals. Those proposals 
were published, for comment and criticism, were the subject of 
study by the United Nations, and served as a basis of discussion 
for the full conference held at San Francisco in 1945. 

The Charter is the final outcome of the effort; and in many 
respects it amplifies, not only in detail, but in substance, the 
proposals of the small official body. Yet the framework of the 
Charter was erccted at the earlier gathering, and it 1s pertinent, 
therefore, to examine the main conclusions. A word should be 
said as to the title of the Organisation, ‘‘the United Nations.” 
While it was open to objection as limiting the agreement to the 
Allies in the war—and excluding all neutrals—it was intended 
to mark the common effort of nations which had saved civilisation 
and the belief that the close union would continue in the future. 

The statement opens with two chapters defining the purposcs 
and principles, which follow generally the scheme of the Coven- 
ant, but are more explicit. They are in the nature of Declarations, 
moral and idealistic, while the rest of the project is a Constitution, 
realistic and practical. The purposcs are: 

1) ““To maintain international peace and security, and to 
that end take effective collective measures for the prevention 
and removal of threats to the peace and the suppression of 
acts of aggression; and to bring about by peaceful means 


41 


adjustment and settlement of international disputes which may 
lead to a breach of the peace; (2) to develop friendly relations 
among nations, and to take other appropriate measures to 
strengthen universal peace; (3) to achieve international co- 
operation in the solution of international, economic, social and 
other humanitarian prablems; (4) to afford a centre for 
harmonising the actions of nations in the achievement of these 
common ends.” 


The Principles, which members of the Organisation must accept 
as binding rules of conduct, are: 

(1) The Organisation is based on the principle of the sovereign 
equality of all its members. 

(2) All members undertake to fulfil the obligations assumed 
by them in accordance with the Charter: 

(3) All members shall settle their disputes by peaceful means. 

(4) All members shall refrain in their international rclations 
from the threat or use of force. In the Charter itself words are 
added: “‘agai: st the territorial integrity or political independence 
of any State.” 

(5) All members shall give every assistance to the Organisation 
in any action undertaken by it in accordance with the Charter, 
and refrain from giving assistance to any State against which 
preventive or enforcement action is made by the Organisation. 

(6) The Organisation will ensure that States which are not 
members act in accordance with these principles so far as may 
be necessary for the maintenance of international peace and 
security. 

The principle of sovereign equality is open to the objection to 
the time-dishonoured concept “‘sovereignty,’? which has been 
analysed above. It is obvious that all States which become 
members of the Organisation must give up a portion of their 
sovereignty, in the sense of acting as they please, because they 
bind themselves to accept the principles and obligations of the 
Charter. As to equality, what is stressed is equality before the 
law, which is proper, and not equality of authority, which is 
unreal. Every State has, too, an equal right to the maintenance 
of its political independence and territorial integrity; though the 
guarantee of these as they were issued by the Covenant of the 
Leaguc is not continued. But it is a feature of the project, and of 
the Charter based on it, to have regard to the superior authority 
and responsibility of the Great Powers for maintaining the peace. 
The old conception of a Concert of Europe is transformed into 
a Concert of the World. 


42 


Though the smaller States were inclined to protest against this 
hegemony of the Great Powers, it was pointed out that not only 
had the Great Powers the responsibility and the means of keeping 
the peace, but their united peoples represented more than half 
the world’s population. It had been one of the weaknesses of the 
League of Nations that the Great Powers were not saddled with 
the clear responsibility for maintaining collective security; and 
when the challenge came, in fact repudiated it. In the Project 
the responsibility is placed fairly and squarely on a small Council 
in which they dominate. The aim is stated: ‘‘to ensure prompt 
and effective action by the United Nations.”’ 

The pivot of the plan and of the Charter based on it is the 
Security Council, which, as its name indicates, is concerned 
solely with the maintenance of international peace and security. 
In the New Order it takes the place of the Council of the League 
in the old. It has on the one hand more restricted functions, and 
on the other more powerful and more available means of action 
to enforce its will. The two principal purposes of world organisa- 
tion, assuring peace and fostering co-operation for mutual benefit, 
are separated. The former is entrusted to a small executive body, 
the latter to the larger and more representative Assembly. The 
emphasis is laid on the primary purpose, to prevent war any- 
where, and to prevent a situation leading to war by continual 
vigilance and by putting overwhelming force behind the respons- 
ible body. It is recognised, indeed, that peace depends not only 
on the measures to prevent war, the negative sanction; but on the 
positive factors, common activities of States for the ends an- 
nounced in the Atlantic Charter. So, parallel with the Security 
Council, and as an instrument of the Assembly, an Economic 
and Social Council is established to co-ordinate the functional 
organisations and to foster co-operation in economic, social and 
humanitarian causes. 

The Security Council, however, remains the constant and 
commanding organ. It is said expressly that it should be so 
organised as to be able to function continuously; it may in- 
vestigate at any time any dispute, or any situation which might 
lead to international friction or give rise to a dispute, in order 
to determine whether its continuance is likely to endanger the 
maintenance of international peace. The Council 1s composed 
of representatives of five Great Powers—France was added to 
the four sponsors—which have permanent seats, and representa- 
tives of six other Powers elected by the Assembly for a period of 
two years. At the San Francisco Conference an addition was 
made to the article about composition of the Council. In electing 


43 


the six non-permanent members, the Assembly ‘“‘shall have 
regard in the first instance to the contribution of the different 
members to the maintenance of international peace and security,” 
as well as to equitable geographical distribution. The clause is 
designed to give a certain preference to the Allied Powers who 
took an important part in the war; but all the non-permanent 
members are in a definite status of subordination as regards their 
voting power. A majority of seven is required for decisions of the 
Council, but in important matters the seven votcs must include 
all of the “‘Big Five.” It is a return to the original design of the 
Covenant, by which the Great Powers were to be a majority on 
the Council and exercise hegemony. The design was marred by 
the defection of the U.S.A. and the pressure of the middle and 
smaller Powers, who in the end prevailed in numbers and had 
the same power of vetoing decisions. 

Each nation represented on the Council. will have a permanent 
representative at Headquarters. It was the practice at Geneva 
for many, but not the major, States to keep permanent dele- 
gations. Now there is to be a kind of Cabinct, a permanent 
element of international Government, as well as a Secretariat, 
which will stuuy the acute questions, and have its finger on the 
pulse. The centre of the Organisation should be the effective 
political capital of the world. When all members of the Security 
Council maintain delegations there, the majority of other 
members of the Organisation will follow suit. 

The Assembly of the League under the Covenant could share 
the police functions with the Council and, in fact, did so after 
1932. Not so in the project of the United Nations. Once the 
Council is seized of a question and proposes action, the Assembly 
gocs out of the picture except that it will receive a report from 
the Council. All members of the Organisation undertake to 
accept the decisions of the Security Council and carry them out. 
That applies to the Great Powers as well as to the others. The 
Council may call on aJl mcimbers to apply specific sanctions, 
diplomatic, economic, social or military; and therc is no longer 
any question, as there was in the League, of a member State 
deciding what measurcs it should take. It may call on them also 
to comply with preliminary measures, to avoid an aygravation 
of the situation. 

Further, the international Cabinct will have a defence staff, 
or military staff committee, to advise and assist it in all questions 
relating to military requirements for maintaining peace and order, 
to the employment and command of the forces at its disposal and 
the regulation of armament. The composition of the committee 


44, 


is fixed. It will include the Chiefs of Staff of the five permanent 
members of the Council; and the principal military authorities 
of other members of the Organisation will be associated with it, 
whenever the efficient discharge of the committee’s responsibil- 
ities requires it. All members of the Organisation, and not only 
members of the Council, undertake to make available specific 
armed forces as well as facilities and other assistance; and their 
preparedness is to be assured immediately by agreements made 
with the Council. It was provided subsequently in the Charter 
that the Security Council may invite any member State to send 
a representative to its meetings, if it considers the interest of that 
State to be involved when enforcement measures are taken. 
Every member State must give a right of passage across its 
territory to military forces acting on behalf of the United Nations. 
It is inherent in the New Order that the old conception of 
neutrality disappears. 

Assuming that air power will be the principal police force, 
national air contingents will be held ready for combined inter- 
national enforcement action. Plans for their combined action will 
be worked out by the Council with the military staffs. Here is 
improvement, at least in plan, on the League system, which left 
to the moment of crisis the organisation of the combined national 
forces to coerce an aggressor. ‘l‘he world organisation, it is said, 
will now have teeth; and if they are not organic teeth, so to say, 
but a denture which may not always fit exactly, at least it has 
some power of biting. 

The critical question, which the officials at Dumbarton Oaks 
could not resolve, but later the heads of their States at Yalta 
attempted to resolve, was the voting arrangement in the Security 
Council. ‘Vhe Soviet Union claimed that the permanent members 
of the Council must be unanimous on any enforcement act, 
which meant that each of them should preserve a veto without 
qualification, even if their own conduct was in issue. The claim 
roused misgivings cqually in leading persons of the other Great 
Powers and among the smaller Powers. It seemed, and is in- 
dubitably, a denial of the rule of law; but realistically it came to 
be recognised that, if peace is to be assured, the Great Powers who 
stood together as allies in the war must hold together in the World 
Organisation. They cannot coerce one another. It is pointless 
to reproach the British and American Governments for the veto. 
Russia is more sceptical than the Western democracies of the 
rule of law and the judicial settlement of international disputes. 
After her experience over thirty years of ‘‘other States ganging 
up against her,’’ she is concerned above all things with her 


45 


security, and will not let that be decided by a court or a majority 
vote of the Council. 

It is stated in the official British commentary on the Charter: 
“If a Great Power refuses to accept the judgment concurred in 
by all the other Great Powers, not parties to the dispute, and at 
least three other members of the Security Council, and resolves 
to defy the public opinion of the world which the judgment 
would express, it is impossible to predict the outcome or to lay 
down rules as to what ought to be done. But the creation of the 
United Nations is designed to prevent such a situation from aris- 
ing, by free acceptance by the Great Powers of restraints upon 
themselves, which would make such action impossible, and by 
creating a forum, where their actions can be discussed and 
examined with a vicw to obtaining unanimous decisions.”’ The 
veto question was raised again acutely at San Francisco; and 
the Conference finally agreed on a procedure which is included 
in the Charter and is explained later. The requirement of 
unanimity among the permanent members of the Security 
Council in action for the enforcement of peace safeguards their 
peculiar position as arbiters. With that unanimity and with the 
support of at least two other members of the Council, they may 
require territorial changes if they are found necessary for peace. 

The Assembly is the popular and representative organ, “‘the 
town-meeting of the world’’. It is on the one hand the forum at 
which all world questions may be discussed, and on the other it 
directs the constructive activities of those many organisations 
created for specific purposes. A progressive change from the 
system of the League of Nations is the procedure of voting. 
Important decisions of the Assembly are taken by a two-thirds 
majority: others by a simple majority. There is little danger that 
the vital interests of the State will be prejudiced by allowing a 
majority to prevail in social, economic and similar matters. 

No attempt was made in the Dumbarton Oaks plan to be 
complete. The proposals for the functions of the Economic and 
Social Council were very sketchy, though the composition of the 
Council was fixed, and no privilege in it was stipulated for the 
Great Powers. The Statute of the International Court of Justice 
is not touched, though the maintenance of such a court is made 
integral to the plan. Nothing is said about colonies and dependent 
territories, though it was known that that was a major interest of 
several States. It was notable also that the project was not 
embroidered with fine words. Thus it was severely pragmatic, 
and perhaps none the worse for that. 

The plan of the United Nations is, by the nature of its con- 


ception, not universal. But other States may be admitted sub- 
sequently. No right of withdrawal for a member is given, such as 
crippled the League. Nothing was stipulated in the matter; but 
powers of suspension and expulsion of recalcitrant members, at 
the instance of the Security Council and on a vote of the As- 
sembly, are inserted. On the other hand, no State is compelled 
to belong to the world society. Yet the advantages of membership 
are so obvious that there is a strong inducement for every State 
to comply with the conditions. The defeated enemy States are, 
however, to be excluded for a long period. 

It was said of the League of Nations that it represented the 
maximum of international co-operation obtainable at any time. 
Of the United Nations Organisation it may be claimed that it 
represents the maximum of international government obtainable 
immediately. 


47 


CHAPTER V 


THE CHARTER OF THE UNITED NATIONS 


"Tue Conrerence OF THE UNITED Nations, which 
was to determine the constitution of the International Organisa- 
tion, met at San Francisco from April to June, 1945. It took as 
a basis of its deliberations the project of Dumbarton Oaks, and 
hundreds of amendments which had been proposed. It was a 
considerably larger body than the many Councils of the Allies 
which had met previously for war purposes. For many States in 
Asia, Africa and America qualified as ‘‘peace-loving’’ by declar- 
ing war against the Nazis opportunely, in order to be numbered 
in the United Nations. Among them were Turkey, the Arab 
States, Egypt, and, last of all, Argentina. Europe had a relatively 
small proportion of the fifty. The largest geographical element 
came from Central and South America, which together gave 
twenty delegations. Nine independent Asiatic nations and three 
African were represented. The British Commonwealth of Nations, 
including India, gave a block of six. Originally there were only 
eight European States; but the Soviet Union added two by 
obtaining separate representation for the Ukrainian Republic 
and the White Russian Republic; and Denmark was invited 
during the procecdings. The neutrals, Switzerland, Sweden, 
Spain, Portugal and Ireland, and the former cnemies, Italy, 
Rumania, Hungary, Bulgaria, and Finland, were ineligible. 
The small European band was a significant token of the decline 
of a continent which for centuries had dominated world affairs. 


Preamble and Principles 


The Charter, which was adopted in the end unanimously and 
without reservations, is the outcome of long debate between the 
representatives of the Big Five Powers, and the representatives 
of the smaller forty-five. It adds some rooms, some decoration 
and a fagade to the architectural plan of Dumbarton Oaks. But 
the main structure of the preliminary conference stands. The 
Charter bears to it the relation of a half-finished building to a 
steel and concrete skeleton. In the forefront is a preamble, the 
work of Ficld-Marshal Smuts, who had presented a project for 
the League of Nations in 1919. It expresses the moral ideas of 
the Charter: 


48 


‘““We, the Peoples of the United Nations, determined to 
save succeeding generations from the scourge of war, which 
twice in our lifetime has brought untold sorrow to mankind, 
and 

“To reaffirm faith in fundamental human rights, in the 
dignity and worth of the human person, in the equal rights of 
men and women, and of Nations large and small; and 

*“To establish conditions under which justice and respect for 
the obligations arising from Treaties and other sources of 
international law can be maintained, and 

“To promote social progress and better standards of life in 
larger freedom, 

‘“‘And for these ends to practise tolerance and live together 
in peace with one another as good ncighbours, and 

“To unite our strength to maintain international peace and 
security, and 

‘To ensure by the acceptance of principles and the institu- 
tion of methods that armed force shall not be used save in the 
common interest, and 

‘To employ international machinery for the promotion of’ 
the economic and social advancement of all peoples, 

‘“Have resolved to combine our efforts to accomplish these 
aims.” 


The democratic note is boldly assumed in making it the peoples’ 
—not the Governments’ Charter, influenced no doubt by the 
opening words of the Constitution of the U.S.—and in reaffirming 
faith in fundamental human rights. In the statement of purposes 
and principles which follows, and reproduces, with little change, 
the statement of Dumbarton Oaks, the insistence on human 
rights and the assertion of regard for justice and international 
law, about which the officials’ blue-print was silent, are notable. 
The Common Man, and not only the impersonal State, is at 
last to be a subject of the law. In Article 1 of the purposes, the 
adjustment of international disputes is to be made in conformity 
with the principles of justice and international law. Again, 
international co-operation is to be achieved “in promoting and 
encouraging respect for human rights and for fundamental 
freedoms for all without distinction as to race, scx, language or 
religion.”? In the Principles, which are the rules of conduct 
accepted by all the United Nations, the members undertake to 
settle their disputes by peaceful means, in such manner that 
international peace and security, and justice, are not in danger. 

One addition to the Principles adopted at Dumbarton Oaks 


Cor 49 


is significant. It is a limitation on the authority of the Inter- 
national Organisation in all its activities, designed to preserve 
the internal sovereignty of each of the members. ‘‘Nothing,”’’ it 
is said, ‘‘shall authorise the United Nations to intervene in matters 
which are essentially within the domestic jurisdiction of any 
State, or shall require the members to submit such matters to 
settlement; but this shall not prejudice the application of enforce- 
ment measures.”’ Matters within the domestic jurisdiction of the 
State include social policy; and the clause would restrict the 
powers of the Economic and Social Council to make recommen- 
dations. In the project of Dumbarton Oaks, a similar limitation 
was inserted in the section dealing with settlement of disputes 
by the Security Council. It excluded disputes arising out of 
matters ‘“‘which by international law are solely within the domestic 
jurisdiction of the State concerned.” The limitations in both cases are 
indefinite. Matters, which have hitherto been regarded as 
essentially or solely within the domestic jurisdiction, are calcu- 
lated to lead to international friction, and threaten world peace. 
When they do that, they will engage the attention of the inter- 
national bodies. A striking example is the brutal treatment of its 
own subjects by the State, such as was practised by the Nazi and 
Fascist governments, and led to the international problems of 
refugees. Again, the restrictive immigration policy of the United 
States and the British Dominions, in the period between the two 
wars, aggravated conditions in Europe. The frontiers of inter- 
national Jaw are not fixed. ‘They are constantly moving, like the 
frontiers of the United States in the nineteenth century. In the 
development of a world order matters, which were in the past 
solely within the domestic jurisdiction, will become matters 
of international concern and therefore properly considered 
by the Organisation. The denial to the citizen of human rights 
is one of them, seeing that the aim of the International Organisa- 
tion is to encourage respect for human rights and fundamental 
freedoms. 

The last words of the Principles imply that, where any of these 
matters has given rise to an international dispute, or a threat 
to the peace, the Security Council will be entitled to intervene 
and call for a change of the national policy. Australia was 
responsible for the insertion of the clause in the Principles, and 
presumably she was moved by her anxiety about her sovereign 
control of immigration. Yet just because domestic jurisdiction in 
such a cause is calculated to produce international strain, the 
paramount authority of the World Organisation may have 
to be exercised. 


50 


Membership 


Chapter Two of the Charter deals with membership. In 
addition to the original members who signed the Charter at 
San Francisco and ratify it, or who signed the Declaration of the 
United Nations of January, 1942, membership is open ‘“‘to all 
other peace-loving States which accept the obligations and, in 
the yudgment of the Organisation, are able and willing to carry them 
out.’”? Admission of any State will be effected by a decision of the 
Assembly, upon the recommendation of the Security Council. 
At the meeting of Heads of the three Great Powers at Potsdam 
in the summer of 1945, it was stated that those Governments 
would support applications from States which remained neutral 
during the war; but would not favour an application by the 
present Spanish Government, ‘‘which, having been founded 
with the support of the Axis Powers, does not in view of its origin, 
its nature, its record and its close association with the aggressor 
States, possess the qualifications necessary to justify membership.” 
Power is given to suspend a member against which preventive or 
enforcement action has been taken by the Security Council; and - 
to expel a member which has persistently violated the principles 
of the Charter. Either action must be taken by the Assembly 
on the recommendation of the Council. 


General Assembly and Security Council 


The principal organs are—a General Assembly, Security 
Council, Economic and Social Council, Trusteeship Council, 
International Court of Justice, and Secretariat. ‘The third and 
fourth organs were added as principal instruments to the scheme 
of Dumbarton Oaks. The Trusteeship Council and the Inter- 
national Court are dealt with separately: the functions and 
composition of the Security Council have already been examined. 
Here the functions of the Assembly and the Economic and Social 
Council must be specially described. As in the League of Nations, 
the Assembly is a world forum. It may discuss any questions or 
any matters within the scope of the Charter, or relating to the 
powers and functions of any organs provided for in the Charter; 
and, particularly, any questions relating to the maintenance of 
international peace and security brought before it, whether by 
a member or by the Security Council, or by a State which is 
not a member. It may make recommendations with regard to 
such questions to the States concerned or the Security Council, 
or both. As a deliberative and recommending body it has full 
powers. And its annual session will have the character of an 


5! 


international parliament. The delegation of each State, which 
was limited to three in the League, may be increased to five, 
to allow for a larger choice, including, maybe, members of the 
opposition party. It will offer the best sounding-board in the 
world. What is reserved for the Security Council is acitzon, 
directed in the first place to bring about peaceful settlement by 
agreement, and if that fails, to enforce a settlement. 

The Assembly is a body for forming opinion, for discussion and 
advice; the Council is the executive and the embryo of a govern- 
ment. While the Assembly is not entrusted expressly with legis- 
lative power, it 1s to initiate studies and make recommendations 
for encouraging the progressive development of international 
law and its codification. That task was attempted, without much 
success, by the League of Nations. The greater flexibility of the 
constitution of the United Nations, and particularly the power 
to decide by majority, may render the task of the Assembly more 
fruitful in this field. The Assembly is directed also to assist in the 
realisation of human rights and fundamental freedoms for all. 
It was hoped that the San Francisco Conference would formulate 
an International Bill of Rights, defining fundamental freedoms of the 
individual. The subject, however, proved too critical for settle- 
ment straightway. But the Economic and Social Council, which 
is an organ of the Assembly, is directed to set up a commission 
for the promotion of human rights; and will undertake that task. 

Another duty of the Assembly is to consider and approve the 
budget of the Organisation, including the budgets of the special 
agencies. The expenses of the Organisation will be borne by the 
members on an apportionment made by the Assembly. A similar 
function was exercised by the Assembly of the League; and an 
elaborate formula of apportionment was worked out between the 
States, having regard to their population, their national income, 
etc. But the League finances were among the unsatisfactory 
features of the old system. Many members were constantly in 
arrears with their contribution; and no express sanction was 
provided for failure to pay. The Charter prescribes that a member 
which is in arrears for two years shall have no vote unless the 
Assembly is satisfied that failure to pay is due to conditions 
beyond the control of the member. The total budget of the 
League annually was very much less than the cost to Britain 
alone of a single day of the war. The budget of the new Organisa- 
tion must be considerably greater than that of the old; but the 
Nations will have learnt by experience the need of regarding as 
a first charge the maintenance of the world-organs for peace and 
co-operation. 


52 


To what has been said in the previous chapter about the 
Security Council little need be added. The question of voting 
procedure, which was not settled at Dumbarton Oaks, is resolved 
in the Charter. (Article 27): 


*“*(1) Each member of the Council shall have one vote. 


**(2) Decisions of the Council on procedural matters shall 
be made by an affirmative vote of seven members. 


(3) Decisions of the Council on all other mattcrs shall be 
made by an affirmative vote of seven members, including the 
concurring votes of the permanent members, provided that, in 
decisions (dealing with settlement of disputes), a party to a 
dispute shall abstain from voting.” That applies to the big 
Powers as well as the others. 


Procedural matters include the full discussion and consider- 
ation of any situation brought before the Security Council. None 
of the permanent members can prevent the examination of a 
dispute or of a situation which threatens the peace. On the other 
hand, the Conference, in interpreting the voting formula reached 
at the Yalta Conference of the Great Powers, held that the 
concurrence of the Five was necessary from the moment when 
the Council decides to make an investigation, or determines that 
the time has come to call upon States to settle their differences or 
make recommendations to the parties. Unanimity of the per- 
manent members applies to such decisions and actions, with the 
proviso for abstention from voting by parties to a dispute. 
Unanimity is required also for any enforcement action; and 
then the proviso for abstention does not apply to the Great 
Powers. For reasons already set out, action cannot be enforced 
against one of the Great Powers by the rest of the Council. The 
veto, which is thus vestcd in the permanent members, is not 
indeed a new right which they did not enjoy in the League 
Council. In that body the right of veto was exercised by any 
Power, great or small. 

It is stressed that the Council can make a recommendation 
at any time as to the settlement of any dispute; and the parties 
themselves undertake to seek a solution, first of all, by negotia- 
tion, arbitration, judicial settlement, resort to regional agencies, 
or other peaceful means of their choice. So far as machinery can 
help, the Charter provides for peaceful settlement, and failing 
that, for enforced settlement without war, provided the Great 
Powers agree. In the last resort it puts all the force of the society 
at the disposal of its executive Council. 


33 


Regional Arrangements 


Provision is made also for regional arrangements or agencies 
to deal with matters relating to the maintenance of peace and 
security. A regional body is composed of several States united 
either geographically, or by common conceptions of Government, 
and working together for functions which affect them all. Several 
regional agencies already exist. All the American States are 
bound together in the Pan-American movement, which, like the 
League of Nations, has its Conference, Council, Judicial Organ 
and Secretariat. Shortly before the San Francisco Conference 
was convened, the peoples of the Americas adopted, at a con- 
ference in Mexico City, a Declaration of Reciprocal Assistance 
and American Solidarity (Act of Chapultepec). In the Middle 
East, the League of Arab States was constituted in 1945 with a 
view to common action for the preservation of peace. Plans have 
been mooted for the formation of a Regional authority on a 
Federal basis in Europe itself; but so far the hopes of Pan- 
Eurc pa, or of the Federal Union of Europe, have not been 
fulfilled. They may have more chance if Western Europe elects 
Socialist Governments. And smaller federations of States with 
common economic interests may be more easily formed. Plans 
again have been made for the formation of a Pacific Regional 
Authority, but are still to be realised. 

The Charter prescribes that the Security Council and its 
military staff may utilise regional arrangements or agencies for 
enforcement action under their authority. But no action is to be 
taken in this way without authorisation, except against former 
enemy States. The members of the United Nations, whether 
organised in a region or separately, are permitted to take 
measures against a renewal of aggressive policy by those States. 
At the same time, they may call on the Security Council to 
undertake the responsibility for preventing aggression. 


The Economic and Social Council 


The Economic and Social Council is essentially the organ for 
constructive and co-operative purposes which are vital for a 
peaceful order. The sketch of Dumbarton Oaks about it is filled 
in and becomes more of a picture. What is contemplated is 
continuous social action, internationally as well as nationally. 
Among the aims of the United Nations are the promotion’ of 
‘*(a) higher standards of living, full employment, and conditions 
of economic and social progress and development; (5) solutions 
of international economic, social, health and related problems; 


54 


and international cultural co-operation; and (c) universal respect 
for, and observance of, human rights and fundamental freedoms 
for all.” The Economic and Social Council, like the Security 
Council, should be continuously in action. For it will deal with 
all these matters. 

The Council will consist of eighteen members elected by the 
Assembly. Six will be elected each year, and will hold office for 
three years. Unlike members of the Security Council, they may 
be immediately re-elected. No priority is given to the Great 
Powers, and all decisions will be made by a simple majority. 
The Council may invite any member of the United Nations to 
take part in its discussion of a matter of particular concern to that 
State. The Council, too, may make recommendations with 
respect to any matter in its scope to a member of the United 
Nations, as well as to the General Assembly and to the specialised 
agencies concerned. But it has no coercive powers. 

The new organ is to co-ordinate the work of the specialised 
agencies established by agrcement between the governments. 
The functional bodies must direct their efforts to the common 
end. Some of them, which have been created since the war, are’ 
described in Chapter III. Some existed in the League system, 
and will now be fitted into the Organisation, e.g. the Inter- 
national Labour Office, the Health Organisation and the 
Economic Section of the League. Others existed before the 
League, such as the International Bureaux for Postal Services, 
Patents and Copyright. Contrary to the original expectation, 
they were not integrated into the League, but they may be 
brought into closer relation with the United Nations. 

Hitherto the international agencies for common action in 
matters of economic and social well-being have pursued their 
programmes independently. ‘The Council will harmonise their 
policics and activitics and may initiate the creation of new 
specialised agencies for which need is shown. It is charged with 
the duty of forming a body to promote individual human rights. 
The proposal is that the fundamental freedoms, commonly 
known as the Rights of Man, will be guaranteed by the Inter- 
national Society, and not only by national constitutions, which 
in the last age of Totalitarian States have proved a broken reed 
or a Leviathan. 

In the system of the League provision was made by treaties 
for the protection of the rights of racial, religious, and linguistic 
minorities by the new or enlarged European States, and for the 
assurance to them of equal citizenship and cultural autonomy. 
Those rights were placed under the protection of the Council 


55 


= er FOP 


of the League; but, as events proved, the protection was very 
imperfect, and in the second decade between the wars was 
entirely ineffective. No attempt has been made in the Charter 
to renew the special trusteeship for the rights of minorities. It 
has seemed better to enlarge the international guarantee so as 
to cover the rights of all individuals, whether of the majority in 
the State or of a minority people. The rights and liberties of all 
will become a subject of international law, and will be in the 
guardianship of the General Assembly. The method of protection 
has still to be defined. 

The Council is directed also to prepare Conventions for sub- 
mission to the General Assembly with respect to matters in its 
competence. ‘The League was responsible for many international 
conventions drawn up by special conferences on such subjects 
as health, communications, waterways. This activity in the 
future will be concentrated through the Economic and Social 
Council. International law grows primarily through such 
Con ‘entions. 


The Secretariat 


In an imperfect governmental organisation, such as is proposed 
by the Charter of the United Nations, the position and authority 
of the Secretary-General are of outstanding importance. He and 
his staff are the permanent elements in a constantly shifting 
society made up of conferences, councils, boards and com- 
mittees. The history of the League of Nations abundantly illus- 
trated that axiom. The Secretariat was the “‘residuary legatee 
of the powers which flowed into Geneva.’! Much depended 
on the original Secretary-General of the League and the original 
Director-General of the International Labour Office. They were 
minded to give the maximum effect to the idea of international 
government. The Covenant of the League said ncthing about 
the functions of the Secretariat, except that the Secretary- 
General should act in that capacity at all meetings of the As- 
sembly and the Council. He should be appointed by the Council 
with the approval of the majority of the Assembly; and he 
should appoint the other secretaries and staff, with the approval 
of the Council. The Charter is more explicit. The Secretary- 
General will be appointed by the Assembly, upon the recom- 
mendation of the Security Council, and will be the chief admin- 
istrative officer of the Organisation, and make an annual report 
to the General Assembly on its work. He shall act in his capacity 
at all meetings of the Assembly, Security Council, Economic and 

1 Zimmern, The League of Nations and the Rule of Law, Macmillan, 1939. 
56 


Social Council and Trusteeship Council, and shall perform the 
functions which are entrusted to him by these organs. He is 
the linch-pin of the wheel. 

A fresh power is added. He may bring to the attention of the 
Security Council any matter which, in his opinion, may threaten 
the maintenance of international peace and security. Thus he 
acquires a commanding status. For it is possible that no State in 
the Council will be willing to raise a thorny question between 
members of the Organisation, and the initiative will fall to the 
permanent highest official. Nothing is said in the Charter about 
the term of office of the Secretary-General. ‘The sponsoring 
Powers proposed that it should be three years, with a power of 
re-election. That proposal, however, evoked a difference of view; 
and the matter was left to agreement between the Security 
Council and the General Assembly. The concurring votes of the 
permanent members of the Council will be required in any 
decision. They will be required also for the recommendation, 
that goes from the Security Council to the Assembly, of the 
candidate for the office. ; 

Another amendment proposed by the sponsoring Powers 
about the Secretariat provided for the election of four Deputy 
Secretaries-General for a term of three years by the General 
Assembly, upon the recommendation of the Security Council. 
That proposal also was not acceptable, because the other Powers 
apprehended that it contemplated the election of one of its 
nationals to the highest posts by each of the permanent members 
of the Security Council. It was agreed finally that no provision 
should be inserted concerning the Deputies; and that question 
is left for a tussle when the Organisation is set up. 

As to the staff, the experience of the League has influenced the 
authors of the Charter. It is laid down that in the performance of 
their duties the staff shall not seek or receive instructions from any 
government, or from any other authority outside the Organisa- 
tion. They shall refrain from any action which might reflect on 
their position as international officials responsible only to the 
Organisation. On their side, the members of the United Nations 
will respect the exclusively international character of the respons- 
ibilities of the Secretary-General and the staff, and not seek to 
influence them (Article 100). The aim is to form a truly inter- 
national civil service. In the early days of the League, the Heads 
of Departments—men like De Madariaga, Sir Arthur Salter, 
Professor Rappard—had that quality. 

In higher offices of the League staff Great Britain and France 
had a dominant part. The United States, the Soviet Union and 


37 


China will expect to have a number of their nationals among 
the officers; and a just claim will be made by the peoples of Asia 
and Africa and South America to be represented. It may be 
hoped, however, that national interference with the higher 
offices, which weakened the League in its second decade, will 
be avoided. The Charter lays down that the paramount con- 
sideration in the employment of the staff and the conditions of 
service shall be the necessity of securing the highest standard 
of efficiency, competence and integrity. Due regard shall be paid 
to the importance of recruiting on as wide a geographical basis 
as possible. The question, which was constantly debated at 
Geneva, whether senior appointments should be made for longer 
or shorter periods, is not settled. 

The Secretary-General is, on the one hand, the secretary of 
the international cabinet, and, on the other, the head of a vast 
administration. The League Secretariat included nearly a 
thousand officials; and the Organisation of the United Nations, 
which includes the new Councils and other specialised organs, 
will require a much larger number. The Secretariat should be 
an international leaven, which will gradually affect the States 
from which they are drawn with a sense of the world society and 
world interests. 


Miscellaneous Provisions 


The final chapters of the Charter contain miscellaneous 
provisions, and a section dealing with amendments. Following 
an article of the Covenant of the League, every treaty and 
international agreement entered into by a member of the United 
Nations is to be registered with the Secretariat, and published 
by it. No party to any such treaty which has not been registered 
may invoke it before any organ of the United Nations. In the 
event of a conflict between obligations of members under the 
Charter and obligations under any other international agree- 
ment, the former shall prevail. That provision should dispose of 
any questions that might arise about, e.g., the Monroe Doctrine 
in America, or the effect of any treaties of alliance which remain 
in force. 


Amendments of the Charter 


The delegates at San Francisco recognised that their construc- 
tion was provisional and should be tested by experience of 
collaboration. The system of the Charter may be regarded as 
a stage in world government for convalescents recovering from 
the terrible disorders of the world. And President Truman in his 


58 


address at the conclusion of the Conference stressed that it was 
only a first step. The misgivings which were entertained by the 
smaller forty-five nations about the veto of the five Great Powers 
on any action of the Security Council, and any apprehensions 
which still exist between the Great Powers themselves, may be 
dissipated. By working together in peace, as they have in war, 
mutual confidence would be increased. The maxim which was 
once proposed for the League, “confidence at all times, and 
conference as often as possible,”’ will apply to the United Nations. 
A point which was pressed by the British Commonwealth Dele- 
gations was the inclusion in the Charter of conditions of change. 
Amendments will come into force when adopted by a two-thirds 
majority of the members of the Assembly, and ratified by two- 
thirds of the members, including all the permanent members of 
the Security Council. That is an announcement of international 
government, since a minority of States which do not approve of 
the change will be bound by the decision of the majority. The 
Covenant of the League contained a provision to a different 
effect: that amendments will not bind a member which signifies 
its dissent; but in that case it shall cease to be a member. 

The Charter provides, too, for a General Conference for the 
purpose of revision. It may be held at any time by a vote of two- 
thirds of the Assembly and of any seven members of the Council. 
The privilege of the Great Powers is not maintained for the 
decision to hold a Conference. If a Conference has not been held 
before the Tenth Annual Session of the Assembly, the proposal 
to call it shall be discussed at that session. Each signatory State 
must ratify the Charter in accordance with its constitutional 
process. In the United States the majority of two-thirds of the 
Senate is required; and it was immediately given, thus marking 
the end of the American tradition of isolationism in foreign 
policy. In the United Kingdom the approval of Parliament is 
necessary and has been given likewise. For the Charter to come 
into force, it is sufficient for all the Great Powers and a simple 
majority of the others to ratify. No State will be bound to ratify, 
but it will cease to be a member of the United Nations if it fails. 

The final Article deals with the languages of the Charter. 
Chinese, English, French, Russian and Spanish texts are equally 
authentic. The inclusion of Spanish is due to the large participa- 
tion of Latin American States. The Covenant of the League 
contained no article about language; but English and French 
were, in fact, the only official languages of the League. ‘The new 
international order has from the outset a broader world basis. 
It is the order of One World. 


59 


Preparatory Commission 


The Charter could not come into force, and the International 
Organisation be fully established, at once. A Preparatory 
Commission was appointed at San Francisco to make arrange- 
ments for the first session of the General Assembly, the Security 
Council, the Economic and Social Council and the Trusteeship 
Council, for the establishment of the Secretariat, and the con- 
vening of the International Court of Justice. The Commission 
should be “‘the craftsmen who will get ready the building of 
which the foundations were laid.” The agreement about the 
Commission describes its functions more specifically: 


(a) to convoke the General Assembly; 

(b) to prepare the provisional agenda for the first sessions 
of the principal organs of the organisations; 

(c) to prepare for the transfer of certain functions, activities 
and assets of the League of Nations which may be taken over; 

(d) to examine the problems involved in establishing re- 
lations with the specialised organisations and agencies; 

(«, to issue invitations for the nomination of candidates for 
the International Court. 

(f) to prepare recommendations concerning arrangements 
for the Secretariat; and, 

(g) to make studies and prepare recommendations con- 
cerning the location of the permanent headquarters of the 
Organisation, 


The Commission consists of one representative of each of the 
fifty Governments which signed the Charter; but out of the larger 
body an Executive Committee was formed by representatives of 
the twenty Governments who constituted the Executive Com- 
mittee of the Conference. They include, besides the Five Great 
Powers, Australia and Canada. The seat of the Commission is 
in London; and the first meeting was held on the morrow of the 
day when final victory over the Axis Powers was declared. The 
Commission will come to an end as soon as the Secretary-General 
of the Organisation is elected. 

One of the first tasks of the Executive Committee was to appoint 
an international staff. At its opening meeting, the British Foreign 
Minister pointed to the opportunity of forming in that way a 
nucleus for the Secretariat of the Organisation. The staff of the 
Preparatory Commission will have learned the habit of working 
together on international questions as an international civil 
service. 

The agreement indicates that the League of Nations is to be 


60 


wound up. Its functions and its assets will be transferred to the 
Organisation; and some of its technical organs will be fitted into 
the functional pattern of the Economic and Social Council. 
The I.L.O., in particular, will continue to be an instrument of 
improved labour standards and social security. The Palaces of 
the League at Geneva, finished shortly before the outbreak of 
the war, will not be the home of the Security Council of the 
United Nations or of the permanent delegations. For it has been 
decided by the Preparatory Commission that the centre of the 
world body will be in America. That is another token of the 
passing of the primacy from Europe. 

The Executive Committee is planning to convene the first 
meeting of the Assembly in January 1946, in London. Already 
the Charter has been ratified by the necessary number of member 
States, so that it can come into force as soon as the Assembly can 


be held. 


61 


CHAPTER VI 


THE INTERNATIONAL COURT OF JUSTICE 


Owe of THE PRINCIPAL ORGANS of the United Nations is 
the Court of International Justice. ‘The Charter prescribes in 
Article 36 that, where a dispute between nations, brought before 
the Security Council, is of a legal character—the project of 
Dumbarton Oaks spoke of ‘“‘justiciable’”-—it should as a general 
rule be referred by the partics to the International Court. 

The history of peaceful scttlement of international disputes 
goes back over a hundred and’ fifty years to a treaty made 
between Great Britain and the United States, which was the 
forerunner of a series of arbitration treaties. International 
arbitration progressed slowly during the nineteenth century; but 
in the ‘ast year of the century the first World Peace Conference 
at The Hague adopted a Convention for the establishment of a 
permanent Tribunal chosen from an international panel. The 
practice of submitting disputes between States to arbitration was 
growing before the First World War, but most arbitration treaties 
excepted from that form of settlement disputes which touched 
the honour and vital interests of the State. 

The Covenant of the League marked an important advance. 
It provided that a permanent Court of International Justice 
should be established, and legal disputes between nations should 
be referred to it. The establishment of the Court at The Hague 
with fifteen judges, each drawn from a different country, was one 
of the most encouraging advances towards a peaceful order. 
The jurisdiction of the Court, as defined in its Statute, was of 
two kinds: (1) As a court of law, it dealt with disputes between 
States, heard the parties and gave final judgment. (2) As a 
judicial instrument of the League, it gave advisory opinions on 
any legal question submitted to it by the Council or any of the 
departments. Those opinions were not judgments, but guides on 
legal issues. During the twenty years of its life, the Court gave 
judgments and opinions in sixty cascs. It continucd its sittings at 
The Hague till 1940, when the incursion of Nazi armies deprived 
it of a home, and the circumstances of the war prevented further 
reference to it of international disputcs. Some of its judgments 
disposed of affairs of first-rate importance, e.g. the case between 
Norway and Denmark concerning sovereignty over Greenland. 


62 


Some of its advisory opinions, also, concerned matters of the 
greatest gravity—-for example, the question submitted by the 
Council in 1931, whether the proposed Customs Union between 
Germany and the Austrian Republic was in accordance with the 
Treaties of Peace. That was in one aspect a political issue, and 
the Court of eleven judges was closely divided. 

The Dumbarton Oaks plan proposed the retention of the 
International Court. Its constitution and functions should be 
defined in a statute which should be an intcgral part of the 
Charter. All members of the Organisation should be parties to 
the Statute; and the Assembly, upon recommendation of the 
Security Council, would determine the conditions under which 
other States might adhere to the Court. The Charter provides 
that any member shall comply with the decision of the Court in 
any case to which it is a party. If it fails to perform the obligation 
under a judgment, the other party may turn to the Security 
Council, which may make recommendations or decide upon 
measures to be taken to give effect to the judgment. The pro- 
vision in the Covenant of the Leaguc was less explicit; but in no 
case hitherto has there been any hesitation of a State to abide ' 
by the decision of the Court. 

The establishment of the International Court of Justice is not 
to prevent members of the United Nations having resort to other 
tribunals by virtue of existing or future agreements. The Per- 
manent Tribunal of Arbitration at The Hague is still in being; 
and after the First World War, many mixed arbitral tribunals 
were set up to deal judicially with international differences. It 
is likely that similar tribunals will be established to settle the 
infinite number of international suits that will be presented after 
the war. The Charter maintains the function of the Court in 
giving advisory opinions. The Gencral Assembly or the Security 
Council, and other organs and specialised agencies, if authorised 
by the Assembly, may request the Court for an opinion on legal 
questions that arise within the scope of their activities. 

The Statute of the Court, which is appended to the Charter, 
follows very closely the Statute of the old Court. But it was 
decided to create a new Court, and provision 1s made for applica- 
tion to it of clauses in treaties for the reference of disputes to 
the—former— International Court of Justice. A Committee of 
Jurists of the United Nations, which was formed in England in 
1943, under the Chairmanship of the late Sir William Malkin, 
Legal Adviser at the Foreign Office, to consider the revision of the 
Statute, made many rccommendations for change. Few, how- 
ever, have been adopted, The composition of the Court, its 


jurisdiction, the rules of procedure, the provision about advisory 
opinions, and about the law to be applied, are unchanged. The 
main difference is that, since all the United Nations are parties 
to the Statute, two of the Great Powers, the U.S.A., and the 
U.S.S.R., which did not subscribe to the earlier Statute, are 
now joined. The competence of the Court, therefore, has been 
effectively enlarged. 

The Court is composed of a body of independent judges 
elected regardless of their nationality. They must be persons of 
high moral character who possess the qualification for appoint- 
ment to the highest judicial office in their country or are author- 
ities in international law. Each judge must come from a different 
State. The election is carried out by the General Assembly and 
the Security Council together, taking the place of the Assembly 
and Council of the League. Candidates are nominated by 
national groups. The Assembly and Council elect independently, 
and only those who obtain an absolute majority of votes in each 
body are appointed. The electors are to bear in mind that repre- 
sentatic n of the main forms of civilisation and the principal legal 
systems of the world should be assured. Not only the Anglo- 
Saxon and the Latin legal systems, but the Chinese, the Russian 
and Islamic, should be represented by the judges. The term of 
office is nine years. Formerly, all the judges were elected simul- 
taneously, but by one of the few changes in the new Statute it is 
provided that a third shall retire every three years. The seat of 
the Court will remain at The Hague, but the Court may sit and 
exercise functions elsewhere. Proposals that were put forward for 
the establishment of branch courts in different parts of the world 
were not adopted. The quorum is of nine judges, but a Chamber 
may be constituted of three or more, to deal with labour matters 
and cases relating to communications. 

Judges of the nationality of either of the parties may sit in a 
case before the Court; but if only one party has a judge of its 
nationality on the Bench, the other may choose one of its subjects 
to sit for the particular suit. If the Court includes no judge of the 
nationality of the parties, each party may appoint a judge. 
Objection has been raised that the national judges cannot be 
expected to be impartial towards their State; and in fact they 
have regularly given a minority judgment in its favour. Yet it has 
seemed better to let each party have on the Bench a member 
who can present the views of his country. 

The competence of the Court, as of its predecessor, is restricted 
to suits between States. Proposals that were mooted for allowing 
international organisations, and, in some cases, individuals, to 


institute proceedings, were rejected. That is to be regretted. No 
change, moreover, was made in the fundamental question of 
compulsory jurisdiction, although the majority of delegates at 
San Francisco pressed for an advance in this direction. What was 
known as the Optional Clause in the old Statute is retained in the 
new. It lays down that member States may at any time declare 
that they recognise as compulsory, in relation to any other State 
accepting the same obligation, the jurisdiction of the Court in 
legal disputes of a certain character, the most important being 
those which concern the interpretation of a treaty or any 
question of international law. Between 1920 and 1940, declara- 
tions adopting the Optional Clause were made by forty-five 
States of the League, including Great Britain. Some of them are 
still in force, and will be deemed to remain in force under the 
new Statute for the period which they have still to run. 

The law which the Court is to apply is defined as in the former 
Statute. It has four main sources: 

(1) International conventions, whcther general or particular, 
establishing rules expressly recognised by the contesting States. 

(2) International custom, as evidence of a general practice 
accepted as law. 

(3) The general principles of law, recognised by civilised 
nations. 

(4) Judicial decisions and the teachings of publicists of the 
nations. 

The experience of the old Court proved that, although inter- 
national law is still in many directions imperfect, the Tribunal 
has no difficulty in finding a law applicable to the questions 
before it. It may, moreover, with the agreement of the parties, 
decide a case by considerations of general fairness, ex aequo et 
bono—-that is, departing from strict law. The old Court was, in 
fact, not asked to exercise this power of equitable settlement. 

A school of judicial Puritans has urged that all disputes 
between nations, like disputes between individuals in the State, 
should, failing conciliation, be submitted to the Court. That 
would secure third-party judgment according either to law or to 
principles of justice. Many issues, however, between States are 
essentially political in character, and cannot be satisfactorily 
resolved by judicial treatment until international law 1s more 
developed. The Charter has maintained the old distinction 
between legal or justiciable disputes, which are for the Court, 
and others, which, failing conciliation, the Security Council 
will settle. 

The Articles about the Court’s procedure contain nothing 


65 


novel. The States are represented by agents and by advocates. 
English and French are the two official languages. Questions are 
decided by a majority of the judges, and any judge may deliver 
a separate opinion. The judgment is final and without appeal. 
The procedure where the Court is asked to give an advisory 
opinion is much the same, except that the Registrar notifies any 
State which may be interested, or any international organisation 
considered as likely to be able to furnish information on the 
question. 

The Statute ends with an Article providing for its amendment. 
This may be made in the same manner and by the same majority 
as amendments of the Charter; and the Court itself has power to 
propose amendments through communication to the Secretary- 
General. As with the Charter, so with the Court, experience may 
prepare the way for more radical change. The present provisions 
preserve the judicial instrument, but do not enlarge its power 
and functions. But when the new order founded on the Charter 
gets to work, there may be greater willingness both to widen the 
competence of the Court and to increase its activity by the 
formatio: of branch or regional tribunals. There may be willing- 
ness also to adopt compulsory jurisdiction for the special class of 
cases enumerated above, and so give fuller effect to the rule of 
law in the international society. 


The International Military Tribunal 


The establishment of an International Military Tribunal to 
deal with the crimes which have been committed by Nazi and 
fascist leaders against the principles of international law and the 
elementary principles of humanity was emphasised at the 
conferences of the heads of the United Nations. It has long been 
a complaint that no penal sanctions existed for the rules of the 
law of nations, or for the crime of plunging the peoples into war, 
though the nations have solemnly renounced the right to go to 
war, and though they have undertaken in many conventions to 
observe certain rules in the treatment of prisoners, the adminis- 
tration of occupied territorics, etc. At the end of the First World 
War a clause was inserted in the Peace Treaty with Germany 
indicting the German Emperor for an offence against humanity 
in provoking war; and provision was made for trying by German 
courts German officers who were charged with outrages. But the 
Kaiser was protected by the asylum in neutral Holland; and the 
German courts, which had to try their nationals for their war 
crimes proved, as was to be expected, unsatisfactory tribunals, 


66 


This time the Allies have been bolder and more determined. 
The courts of the victors are trying those charged with acts which 
horrified humanity. The majority of those who have committed 
the abominations will be tried by national or military courts 
of the Allies in the countries where the offence was committed. 
The Belsen trial by a British military tribunal in Germany is an 
example. But for the trial of those ‘‘whose offence had no par- 
ticular geographical location,” the Allies in August, 1945, set 
up an International Tribunal, and in a Charter prescribed its 
constitution, jurisdiction and functions. 

It is an International Military Tribunal ‘“‘for the just and 
prompt trial and punishment of the major war-criminals of the 
European Axis.”’ It has been composed of four members, each 
representing one of the four Great Powers concerned in the 
European War, the United Kingdom, U.S.A., U.S.S.R., and 
France. Each member must have an alternate appointed likewise, 
who will be present at all sessions of the Tribunal. Both the 
British member and his alternate are judges of the High Court. 
The presence of all four members, or the alternate for any absent 
member, is necessary to constitute the quorum. At least three 
must vote for conviction. 

The major provisions of the law of nations in war were well- 
known, if not well observed. But there were gaps and uncertain- 
ties about penalties, about procedure and individual respons- 
ibility for wrongful acts. These have been filled in by the Charter, 
which deliberately creates the law and makes an innovation in 
the normal procedures of justice. Individual responsibility is to 
be imputed where the group or organisation of which the 
individual was a member is declared by the tribunal to be a 
criminal organisation. ‘The official position of the accused will 
not free them from responsibility, but may be considered in 
mitigation of punishment. Three classes of crimes for which 
there will be individual responsibility come within the jurisdiction 
of the Tribunal: (a) crimes against peace, which include plan- 
ning, preparation, initiation of a war of aggression, or war in 
violation of international treaties—such as the Kellogg Pact 
renouncing war; (b) war crimes, which are violations of the laws 
or customs of war, and include deportation to slave labour of the 
civilian population in occupied territories, murder or illtreatment 
of prisoners of war, the killing of hostages, etc.; (¢) crimes against 
humanity: ‘‘murder, extermination, enslavement, deportation 
and other inhumane acts committed against any civilian popula- 
tion before or during the war: or persecutions on political, racial 
or religious grounds in connection with any crime within the 


67 


jurisdiction of the Tribunal.’? This clause will include the 
barbarous massacring of Jews, whether German subjects or 
others, and whether before or during the war. 

To ensure fair trial for the accused, rules, which are in accord 
with natural justice and represent a combination of Anglo- 
American and foreign procedure, are adopted. It must have 
required considerable persuasion to obtain the agreement of the 
Soviet Union to a procedure which is very different from that of 
their State trials and trials for war crimes. Some exceptions 
from the usual practice are admitted. The Tribunal is not bound 
by technical rules of evidence, and shall admit any evidence 
which it deems to have probative value. All the court proceedings 
will be conducted in four languages: English, French, Russian 
and the language of the accused. As Justice Jackson of the 
U.S.A., who was largely responsible for the Charter, points out: 
this requirement will make the trial‘a dreary business “‘and there 
is no use trying to dodge that fact.’’ But in the special circum- 
stances of criminal trial the practice in the Court of International 
Justice of admitting only two official languages, English and 
French, could not well be followed. 

The first trials will be held at Berlin or Nuremberg, which was 
the centre of the Nazi rallies that prepared and preceded the 
aggressions. But the Grand Assize may be held in many places. 
It is the first, and we may hope the last, time that an inter- 
national court must try war crimes. The Charter of the Inter- 
national Military Tribunal may, however, be a prelude to the 
establishment of international courts for trying offences against 
security and international peace committed in times of peace. 
By the side of the Court of International Justice, which is con- 
cerned with civil disputes between nations, there may be a 
criminal court concerned with individual acts which menace 
International understanding, or which violate the principles of 
humanity. 


CHAPTER VII 


THE COLONIAL QUESTION AND 
TRUSTEESHIP COUNCIL 


A sTRIKING INNOVATION of the Covenant of the League 
was to introduce trusteeship, under international supervision, 
for the government of certain colonies. What is known as the 
‘Mandate System’’—from the Latin word mandatum, which is 
similar, if not equivalent, to our “trust’—was applied to colonies 
and territories which had been under the sovereignty of Germany 
and Turkey, and were inhabited ‘‘by peoples not yet able to 
stand by themselves under the strenuous conditions of the modern 
world.” The well-being and development of these peoples was 
declared to be a sacred trust of civilisation, and securities for the 
performance of the trust were prescribed by the League, which 
entrusted the administration of each territory to a member State. 

From the seventeenth to nineteenth century, colonial govern- 
ment had been essentially a matter of national policy, and 
directed to national interests, though British statesmen professed 
the doctrine of trust for the well-being of the native peoples, and 
British Free Trade opened the Colonies to the trade of all nations. 
Burke in 1783, said that the British consider themselves as 
trustees for the welfare of the people of India; and a century 
later, Joseph Chamberlain, then Colonial Minister, said that, 
‘fas soon aS we acquire a new territory, we develop it as trustees 
of civilisation for the commerce of the world.” But that was a 
self-imposed trust, for which the Government was responsible 
only to the British people, and gave an account only to the 
British Parliament. International interest in colonies was asserted 
first in the latter part of the nineteenth century, when the 
European Powers were dividing up Africa, and came to agree- 
ment among themselves about the conditions of the scramble. 
Conventions of Berlin (1885) and Brussels (1890) provided for 
the administration of colonies in the Congo Basin in such way 
as to give equal economic rights to the subjects of all nations, 
to control traffic in arms, to put down slavery, etc., but no 
organisation was set up to see to the execution. 

The Mandate system marked a positive advance. The Admin- 
istration of the territory under trust was required to follow 


69 


directions of the Council of the League, embodied in a Con- 
stitutional document about the principles of policy, and to give 
annually an account to a body appointed by the Council. There 
was a double trust; to secure the well-being of the native people, 
and to accord equal opportunities for the commerce and enter- 
prise of other members of the League. A Permanent Mandates 
Commission, composed of nine to eleven members, each from a 
different country, and chosen as an expert in colonial affairs or 
public administration, was constituted to examine the reports 
and to advise the Council. Each of the States holding a Mandate 
was represented on it. ‘The Commission not only received written 
reports about each territory, but conducted a viva-voce examina- 
tion of the Mandatory. The Governor or High Commissioner, or 
the Chief Secretary, of the territory, or a high official of the 
Colonial Office, would be interrogated about the contents of the 
Report and the work of the Administration. The Commission 
received petitions also from any individual or body in the 
territory who had a gricvance, and the examination of petitions, 
about whith they questioned the representative of the Mandatory, 
was part of their scrutiny. ‘The work of the Commission, which 
sat for two periods of about a month annually, was prepared by 
permanent officials of a section of the League; but the Com- 
mission had no inspectors, nor was it entitled to visit the Man- 
dated territories, or to take the initiative in measures for the 
well-being and social advance of the peoples. Inevitably, it was 
critical and watchful, but not constructive. The minutes of its 
proceedings were published in full, and gave to all concerned a 
detailed account of what was being done in each territory. It 
possessed, however, no executive authority. It could only offer 
recommendations to the Council of the League, and in the 
Council political considerations might override its advice. The 
main sanction, therefore, of the system was publicity, the moral 
force of the judgment of an international body which approached 
its task objectively. 

Yet the Geneva spirit was a tonic for colonial governments. 
Although the Mandate system was not cxtended to the colonies 
and dependencies of the victorious nations, but was restricted to 
the colonies of defeated Germany, within its limited scope it 
brought about improvements in the care of the native peoples 
and fairer economic opportunity for all. The virtue of the 
League Mandate was that the trust was subject to an accounting 
to an international authority. And it seemed that, if the principle 
of accountability and international scrutiny was good for peoples 
in the former German colonics, it would be good also for peoples 


70 


in British, French and Belgian colonics which had not yet attained 
or approached self-government. 

The circumstances of the Second World War, and particularly 
the Japanese conquest and occupation of British, French and 
Dutch colonies and protectorates in the Far East, caused a 
general stirring of opinion about the colonial question. The 
American public was specially concerned about British colonial 
administration, and called for the liquidation of the colonial 
status and a declaration of independence for subject peoples. 
In the United States the word ‘‘colony”’ has kept, since the War 
of Independence, the association with a tyrannical government 
denying freedom to the subject. Wendell Willkie, in his tour and 
survey of the world, emphasied the demand for a principle of 
accountability to be discharged by any Power which rules 
dependent territories. The international interest existed alike 
in the progress of the peoplcs to self-government, and in the use 
of the resources of the country for the good of the world. 

In the middle period of the war, when the crisis sharpened our 
sensibility for reform in internal and external policy, a principle 
of accountability as a function of colonial rule received general 
recognition from the British and Dominion governments. 
Field-Marshal Smuts, about the same time, advocated the 
grouping of colonies of differcnt nations in regional units, and the 
formation of regional councils, which should promote economic 
and social planning and conduct a scrutiny of development. 
Mr. Evatt, Secretary for External Affairs of the Australian 
Commonwealth, suggested that the principle of ‘Trust should be 
extended to the economic as well as to the political and social 
factors of different territories. 

At the same time, the plan of linking colonies of the Allies for 
purposes of co-operation in economic and social measures was 
furthered by the necessities of war. In the Caribbean region of 
the West Indies, we were associated with the United States in a 
Joint Commission. In West Africa the British, the Free French, 
and the Belgian Colonial administrations were for a time under 
the general direction of a Minister of State. In the Southern 
Hemisphere, Australia and New Zealand, which held Mandates, 
proposed in 1943, by the Treaty of Canberra, to set up a South 
Seas Regional Commission in which, besides themselves, the 
United Kingdom, U.S.A., and France should have part. It 
should exercise advisory functions relating to the welfare of the 
native populations in the South and South-west Pacific. In the 
following year, the Premier of New Zcaland, Mr. Fraser—who 
was the Chairman of the Committee at San Francisco dealing 


71 


with colonial questions and Trusteeship Council—emphasised 
at a conference of the Southern Dominions the purposes of a 
Regional Commission. “‘It should be a means by which the 
Governments and Administrations of the South Seas area may 
improve their experience, and collaborate in joint schemes, with 
a view to furthering the welfare of the dependent peoples and 
their social, economic, and political development. Representa- 
tives of the dependent peoples should be associated wherever 
possible with the regional body, and with any of the welfare and 
research agencies which may be brought within its framework.” 
That is the first definite and practical proposal which has been 
put forward for associating the native peoples with the regional 
authority. 

It is relevant to note the heightened sense of responsibility for 
the welfare of the colonial peoples which has been aroused in 
Britain during the war. It has been borne in upon the common 
people, as well as on the statesmen, that we have neglected the 
economic well-being of 60,000,000 subjects of the Colonial 
Empire. In the first year of the war, a measure was passed through 
Par.iament raising the fund available for colonial welfare and 
development from the maximum of £1,000,000 a year to 
£,5,000,000 a year; and in the sixth year of the war, another 
measure raised the sum to £12,000,000 a year. 

The Colonial Committee of the London International As- 
sembly, a body which included representatives of the Allied 
Countries, recommended in 1943 the establishment of an 
International Colonial Commission to receive and examine 
reports on the progress of all colonial peoples. In the following 
year, the International Labour Office, at its Conference at 
Philadelphia, adopted detailed recommendations about social 
policy in all dependent territories. It defined the minimum 
standards which range over the whole field of social legislation; 
and called for the abolition of all discrimination against workers, 
on grounds of race and colour, as regards their admission to 
public or private employment. 

The project of Dumbarton Oaks contained nothing about 
colonial trusteeship, and nothing about the maintenance of the 
Mandate system of the League. At San Francisco, however, the 
subject had prolonged attention, and three chapters of the 
Charter deal with it. The first contained a declaration about 
non-self-governing territories, which comprise one quarter of the 
world’s population. It adopts the principle, implicit in the Coven- 
ant for the territories placed under a Mandate, that the interests 
of the inhabitants are paramount, and that the governing Powers 


accept as a sacred trust the obligation to promote their well-being 
to the utmost. It is noteworthy that the phrase about ‘‘para- 
mountcy’’ of the interests of the natives was used in a famous 
White Paper of 1930, issued by the Colonial Office with regard 
to the inhabitants of the British colony of Kenya. Yet there and 
in other colonies in Africa, the native is excluded by a colour 
bar from many callings. The large purpose is to be pursued in 
ways which are described, but are left sufficiently vague: 


‘*(a) To ensure, with due respect for the culture of the peoples 
concerned, their political, economic, social and educational 
advancement, their just treatment, and their protection against 
abuses. 


“*(b) To develop self-government, to take due account of the 
political aspirations of the peoples, and assist them in the 
progressive devclopment of their free political institutions... . 

“*(c) To further international pcace and security. 


‘“‘(d) To promote constructive measures of development, to 
encourage research, and to co-operate with one another 
and with specialised international bodies, with a view to the 
practical achievement of the social, economic and scientific 
purposes. ...”’ (Article 73.) 


No specific duty of accounting to any outside body is prescribed, 
and no right of interference is given to the United Nations. But 
a minimum of responsibility to the International Society 1s 
enjoined. The governing Powers will transmit to the Secretary- 
General ‘‘for information purposes, subject to such limitations as 
security and constitutional considerations may require, statistical 
and other information of a technical nature relating to economic, 
social and educational conditions in the territories for which 
they are responsible.”’ Another general article states that members 
of the United Nations will, in respect of the colonial territories, 
no less than in respect of their mctropolitan areas, base their 
policy on the general principle of good neighbourliness. Colonies 
are not to be closed areas. While the obligations of the Mandate 
as to the Open Door are not to be extended to all colonial 
Administrations, some approach to the principle is recommended. 
The general clause is an advance on the general provision in the 
Covenant of the League, by which members simply untertake to 
secure just treatment of the native inhabitants of territories under 
their control. It is, however, subject to the same defect, that no 
machinery is provided for the enforcement of the undertaking. 

The more thorough extension of the idea of the Trust is in the 


78 


second chapter, (XII), which is headed ‘‘International Trustee- 
ship System.” It is applied to territories, which will be placed 
under it by individual agreement, in one of the following 
categories: 

(a) Now held under Mandate. 

(b) Which may be detached from enemy States as a result of 
the war. This covers the Italian colonies in Africa, Cyrenaica, 
Eritrea and Somaliland, and the Japanese possessions and 
mandated islands in the Pacific. 

(c) Those which may be voluntarily placed under the system 
by States responsible for their administration. It is a matter for 
subsequent agreement which territories in these categories will 
be brought under the Trusteeship system, and upon what terms. 
Again, there is no compulsion on the colonial power; and several 
British Colonies which are approaching self-government, e.g. 
Ceylon, Jamaica and Malta, would not be suitable for transfer 
to the international trusteeship. The system is expressly not 
applicable to territories which have become members of the 
United Nations, relationship among them being based on respect 
for the principle of sovereign equality. That exclusion covers 
Syria and the Lebanon Republics, which were under a French 
Mandate, but were admitted as independent States to the Con- 
ference of San Francisco. They were involved in violent outbreak 
against the French during the sessions, but those differences will 
be for the consideration of the Security Council if they come 
before the United Nations, and not for the Trusteeship Council. 

The objects of the Trusteeship system are not very different 
from those in the Declaration regarding non-self-governing 
territories. What is new, compared with the Mandate system, is 
a double objective placed in the forefront: (a) “‘to further 
international peace and security’; and (b) “‘to encourage respect 
for human rights and for fundamental freedoms for all, without 
distinction as to race, sex, language or religion, and to encourage 
recognition of the interdependence of the peoples of the world.” 
Two main purposes of the present Mandates are also included: 
(1) to promote progressive development towards self-government 
or independence, as may be appropriate to the particular circum- 
stances of each territory, and freely expressed wishes of the 
peoples concerned; (2) to ensure equal treatment in social, 
economic and commercial matters for all members of the United 
Nations and their nationals, and also equal treatment in the 
administration of justice. The obligation of equal economic 
treatment is not absolute, as in the Mandates, but is subject to 
the attainment of the well-being of the peoples. ‘The furtherance 


74 


of security and regard for human rights and fundamental free- 
doms are aspects of international relations which have received 
added significance in the last decades. 

For every colony placed under the Trusteeship system, and 
for any territory under Mandate transferred to it, there shall be 
a special document defining the terms of the Trust. It shall state 
in each case the conditions under which the territory will be 
administered, and designate the authority which will exercise 
the administration. It may be one or more States, or the Organ- 
isation itself. The Mandate of the League of Nations was en- 
trustcd to a single State. The system proposed is more flexible. 
Perhaps the West Indies, or some of them not yet self-governing, 
will be under a form of Anglo-American Trust, following the 
war example of the Caribbean Commission. And perhaps the 
experiment of an international government for a _ colonial 
territory, often advocated and often attacked with scorn, will be 
tried out. It might be applied, for example, to a union of Somali 
territories, which have been divided between Great Britain and 
France and Italy with no happy results for the native peoples or 
the administrations. The approval of the terms of the Trust, 
and of their alteration or amendment, will be a matter for the 
General Assembly; but the Trusteeship Council will assist it in 
carrying out these functions and all others concerned with the 
Trust. In the League system the Council exercised that function 
in respect of the Mandates; but in the new division of labour 
between Security Council and Assembly—the larger body 1s 
obviously appropriate. 

The destiny of the former League Mandates is not certain. 
An unfortunate vagueness has been left in the Charter, anda 
definite obligation is not laid. The transfer from the old super- 
vision to the new, and any amendment to the terms of the Trust, 
are only to be made by agreement of the Powers directly con- 
cerned, including the present Mandatory. Thus Palestine, which 
is still administered by Great Britain under the terms of the 
League Mandate, would not be brought under the Trusteeship 
Council unless the British Government agreed. And an Article 
prescribes that, till a fresh agreement is made, there shall be no 
alteration of the rights of any States or any peoples, or the terms 
of existing international instruments to which members may be 
parties. It is believed that the Article had particularly in view the 
position of Palestine where the Trust is to facilitate the cstablish- 
ment of the Jewish National Home, and that object is pursued 
in a series of dircctions to the Administration about encouraging 
Jewish immigration, close settlement on the land, etc. These 


75 


provisions could not be changed without a fresh agreement. 

A novel feature of the Trusteeship system is the provision made 
for defence. While the Mandatory of the League was enjoined 
against raising forces or constructing fortifications and bases in 
the Trust territories, except for purposes of local defence, the 
outlook of the Charter in this respect is completely different. In 
every case it is the duty of the administering authority to ensure 
that the Trust territory should play its part in the maintenance 
of international peace and security. It may make use of volunteer 
forces, facilities, and assistance from the territory in carrying out 
its obligations toward the Security Council, as well as for local 
defence and the maintenance of law and order within the terri- 
tory. There may be designated in any Trusteeship agreement a 
strategic area or areas, which may include part or all of the Trust 
territory (Article 82). All functions of the United Nations relating 
to strategic areas, including the approval of the terms of the 
agreements, shall be exercised by the Security Council (83). 
The United States pressed for that innovation; it had in mind, 
no doubt, the special strategic importance of some of the Pacific 
islands under Japanese Mandate, which, having been fortified 
in violation of the Mandate, became bases for the Japanese 
Fleet and Air Force. New Guinea, too, which was under a 
British Mandate, proved after the Japanese occupation to be a 
vital strategic area, and may, after the war, be appropriate for 
treatment as a strategic area. In Palestine it is possible that the 
port of Haifa and the area around it, which is an outlet of the 
oil pipeline from Irak, and the site of an oil refinery, may be 
detached from the rest of the country as a strategic area. 

The experience of the Second World War proved the incom- 
patibility of restricting the use of ports, communications, etc. 
in Colonial and Mandated territories, in the conditions of total 
war. Among British Colonies which might be declared strategic 
areas and brought under the supervision of the Security Council 
are those which have for long been vital points in world com- 
munications; Gibraltar, Aden, and Singapore. The Security 
Council may refer to the Trusteeship Council the supervisory 
functions of the United Nations relating to political, economic, 
social and educational matters in the strategic areas. 

The Trusteeship Council, which will take the place of the 
Permanent Mandates Commission, is the subject of the third 
chapter. Like its predecessor, it is to be composed partly of the 
representatives of governments administering the Trust territories, 
and partly of representatives of other governments. The latter 
must include representatives of the other Great Powers, who 


will be permanent members. The number is to be equally 
divided between members of the United Nations which adminis- 
ter Trust territories and those which do not, and the balance of 
members will be elected for three-year terms by the General 
Assembly. In the Mandates Commission the members who were 
nationals of the Mandatory Powers were in the minority, and all 
members were chosen not by their governments, but by the 
Council of the League as persons with special qualifications. 
Members of the Trusteeship Council will be representatives of 
governments, though it is stipulated that they shall be specially 
qualified. 

The functions of the Council, and of the Assembly for which it 
acts, are: (a) to consider reports submitted by the Administering 
Authority; (b) accept petitions and examine them in consultation 
with the Authority; (c) provide for periodic visits to the Trust 
territories at times agreed upon with the authority. The two 
former functions have been exercised by the Mandates Com- 
mission of the League. The last is an innovation and welcome. 
It was one of the defects of the Mandate system that the Com- 
mission was not entitled to visit the territories which it super- 
vised, even if there was grave unrest. The Council is to formulate 
a questionnaire on the political, economic, social and educational 
advance of the inhabitants of each territory; and the administer- 
ing authority will prepare his annual report to the Assembly upon 
that basis. This is in accordance with the old practice of the 
League Mandates, and doubtless the examination of the written 
report will be accompanied by an interrogation of a representa- 
tive of the government. The Trusteeship Council is to avail itself 
of the assistance of the Economic and Social Council and of the 
specialised Agencies in regard to matters with which they are 
concerned. It was the practice of the Mandates Commission to 
call into its sessions a representative of the International Labour 
Office to assist in the examination of Labour conditions in the 
Mandated Territories. 

The System of the Charter is calculated to secure by inter- 
national supervision the observance of international standards for 
advancing the well-being of the native peoples, and the resolute 
development of dependent territories towards self-government. 
With the enhanced understanding of the Colonial Powers 
themselves, and particularly of the British peoples, as to their 
responsibility for the native peoples under their rule, colonial 
government will be both a partnership and an international trust. 


77 


CHAPTER VIII 


HOPES AND FEARS 


Since THE CHARTER OF THE United Nations was signed 
at San Francisco, and immediately after it had been ratified by 
the Senate of the U.S.A., a terrifying aspect of the revolution, 
through which the world has been passing for thirty years, has 
been revealed. The launching of the atomic bomb on towns in 
Japan proved dramatically man’s power to destroy utterly his 
own civilisation. Fear, which was a motive for strengthening 
national armament, is now a‘strong motive for international 
control of armament. In announcing its first employment, Mr. 
Churchill spoke of the terrible influence of the new weapon for 
maintaining the rule of law. Eminent scientists pointed out that 
scier “e was now a protagonist in the war of nations, but an 
unwilling conscript; and that the masters of science should bind 
themselves together to secure a truly international control of the 
discovery which, if used for national ambitions, would wipe man 
off the earth like the flood recorded in the Bible. National 
frontiers appear to be meaningless, and bases to ensure vital 
national interests to be already obsolcte. ‘The military clauses of 
the Charter seem at once out of date. What is said in Scripture 
about the strong man armed is fulfilled. “When a stronger than 
he should come upon him, he taketh from him his whole armour, 
wherein he boasted.” 

Dr. Johnson remarked that a man waiting under sentence of 
death has an extraordinary stimulus for thinking. A similar 
stimulus may be given to mankind by the suspended sentence of 
death on the race. The hesitations of the rulers of the Great 
Powers at the Crimea and San Francisco Conferences to give up 
any part of their sovereignty, in the supposed cause of national 
security, may be resolved by the altogetherness of facts. It seems 
obvious that power over the atom and cosmic forces should be 
controlled by the International Organisation, and that would be 
presumably the Security Council advised by the military staff. 
The need for action by a world authority to preserve peace, 
through its disposal of this weapon, was emphasised in the debate 
on the Charter in the House of Commons. It calls for a revolution 
in mankind’s political thinking. If nationalism has been hitherto 


the most powerful social impulsc, and national armament the 
most prized instrument of sovereignty, they are now equally 
discredited as the ultimate forms of social organisation and 
defence. Now is the moment for a resolute endeavour to trans- 
cend them. The new power of annihilation should compel the 
nations in the direction of unity. Yet the American President has 
announced that his country will not share with others the secret 
of the manufacture of the atomic bomb. 

The necessity of strengthening the rule of law between nations 
is overwhelmingly urgent. The principles stated in the Preamble 
to the Charter have received an unexpected immediacy, and a 
reinforcement of the moral forces is essential. For there cannot 
be a world change unless man is changed individually and 
collectively. The Atlantic Charter points to the spiritual as well 
as to the practical motives for abolishing armaments. And the 
spiritual and moral factors are as necessary for the establishment 
of one humanity, a world order and the rule of justice as the 
temporal powers, the representatives of governments, the labour 
organisations, the economic and social experts. Thc Charters 
will only become a foundation of peace and permanent articles 
of faith if the mora: feelings of the people are engaged to maintain 
them. Without that they will be a tragic illusion. 

It is clear, too, that the Charter of the United Nations is only 
a first and a halting step towards world government. Had the 
Conference met half a year later, it might have had a different 
shape. Once it is operating, some of the plans and proposals on 
which it is based will certainly be changed and will be replaced 
by other activities. In order that it shall not share the fate of the 
Covenant, which was hailed prematurely by President Wilson 
as the birth of a living thing, and in order that the new structure 
shall be firmly founded in the mind of the common man, a new 
mood is required, a mood of trust between the nations and 
peoples. The signs during the last months have not been 
auspicious. The world revolution, which began in 1917, 1s still 
passing through its period of destruction and suspicion. The old 
order lies in ruins. Unless the human race is to perish by its own 
hand, it must enter a new era of world history, a period of 
rebuilding, moral reformation and cultural rebirth. It depends 
on the will and understanding of the common man whether the 
Charters of the United Nations shall become pillars of a world 
society or mocking figments of the mind. 


79 


APPENDIX 


CHARTER OF THE UNITED NATIONS 


We, THE PEOPLES OF THE United Nations, determined to 
save succeeding generations from the scourge of war, which 
twice in our lifetime has brought untold sorrow to mankind, and 

to reaffirm faith in fundamental human rights, in the dignity 
and worth of the human person, in the equal rights of men and 
women and of nations large and small, and 

to establish conditions under which justice and respect for the 
obligations arising from treaties.and other sources of international 
law can be maintained, and 

to promote social progress and better standards of life in 
larger freedom, 

aid for these ends 

to practise tolerance and live together in peace with one 
another as good neighbours, and 

to unite our strength to maintain international peace and 
security, and 

to ensure, by the acceptance of principles and the institution 
of methods, that armed force shall not be used, save in the 
common interest, and 

to employ international machinery for the promotion of the 
economic and social advancement of all peoples have resolved 
to combine our efforts to accomplish these aims. 

Accordingly, our respective Governments, through representa- 
tives assembled in the City of San Francisco, who have exhibited 
their full powers found to be in good and due form, have agreed 
to the present Charter of the United Nations and do hereby 
establish an international organisation to be known as the 
United Nations. 


CHAPTER I.—PuURPOSES AND PRINCIPLES 


Article 1 


The Purposes of the United Nations are: 


1. To maintain international peace and security, and to that 
end: to take effective collective measures for the prevention and 


80 


removal of threats to the peace and for the suppression of acts of 
aggression or other breaches of the peace, and to bring about by 
peaceful means, and in conformity with the principles of justice 
and international law, adjustment or settlement of international 
disputes or situations which might lead to a breach of the peace; 


2. To develop friendly relations among nations based on 
respect for the principle of equal rights and self-determination of 
peoples, and to take other appropriate measures to strengthen 
universal peace; 

3. To achieve international co-operation in solving inter- 
national problems of an economic, social, cultural, or human- 
itarlan character, and in promoting and encouraging respect for 
human rights and for fundamental freedoms for all without 
distinction as to race, sex, language, or religion; and 

4. To be a centre for harmonising the actions of nations in the 
attainment of these common ends. 


Article 2 


The Organisation and its Membcrs, in pursuit of the purposes 
stated in Article 1, shall act in accordance with the following. 
principles: 

1. The Organisation is based on the principle of the sovereign 
equality of all its members. 

2. All Members, in order to ensure to all of them the rights 
and benefits resulting from membership, shall fulfil in good faith 
the obligations assumcd by them in accordance with the present 
Charter. 

3. All Members shall settle their international disputes by 
peaceful means in such a manner that international peace and 
security, and justice, are not endangered. 

4. All Members shall refrain in their international relations 
from the threat or use of force against the tcrritorial integrity or 
political independence of any State, or in any other manner 
inconsistent with the Purposes of the United Nations. 


5. All Members shall give the United Nations every assistance 
in any action it takes in accordance with the present Charter, 
and shall refrain from giving assistance to any State against 
which the United Nations is taking preventive or enforcement 
action. 

6. The Organisation shall ensure that States which are not 
Members of the United Nations act in accordance with these 


Docr 81 


Principles so far as may be necessary for the maintenance of 
international peace and security. 


7. Nothing contained in the present Charter shall authorise 
the United Nations to intervene in matters which are essentially 
within the domestic jurisdiction of any State or shall require 
the Members to submit such matters to settlement under the 
present Charter; but this principle shall not prejudice the 
application of enforcement measures under Chapter VII. 


CHAPTER IJ.—MEMBERSHIP 


Article 3 


The original members of the United Nations shall be the states 
which, having participated in the United Nations Conference 
on International Organisation at San Francisco, or having 
previously signed the Declaration by United Nations of January 
I, 1942, sign the present Charter and ratify it in accordance with 
Article 110. 


Article 4 


1. Membership in the United Nations is open to all other 
peace-loving states which accept the obligations contained in 
the present Charter and, in the judgment of the Organisation, 
are able and willing to carry out these obligations. 


2. The admission of any such state to membership in the 
United Nations will be effected by a decision of the General 
Assembly upon the recommendation of the Security Council. 


Article 5 


A Member of the United Nations against which preventive or 
enforcement action has been taken by the Security Council may 
be suspended from the exercise of the rights and privileges of 
membership by the General Assembly upon the recommendation 
of the Security Council. The exercise of these rights and privileges 
may be restored by the Security Council. 


Article 6 


A Member of the United Nations which has persistently 
violated the Principles contained in the present Charter may be 
expelled from the Organisation by the General Assembly upon 
the recommendation of the Security Council. 


82 


CHAPTER IIT.—OrGaAns 


Article 7 


1. There are established as the principal organs of the United 
Nations: a General Assembly, a Security Council, an Economic 
and Social Council, a Trusteeship Council, an International 
Court of Justice and a Secretariat. 

2. Such subsidiary organs as may be found necessary may be 
established in accordance with the present Charter. 


Article 8 


The United Nations shall place no restrictions on the eligibility 
of men and women to participate in any capacity and under 
conditions of equality in its principal and subsidiary organs. 


CHAPTER IV.—THE GENERAL ASSEMBLY——COMPOSITION 


Article 9 


1. The General Assembly shall consist of all the Members of 
the United Nations. 


2. Each Member shall have not morc than five representatives 
in the General Assembly. 


FUNCTIONS AND POWERS 


Article 10 


The General Assembly may discuss any questions or any 
matters within the scope of the present Charter or relating to the 
powers and functions of any organs provided for in the present 
Charter, and, except as provided in Article 12, may make 
recommendations to the members of the United Nations or to 
the Security Council or to both on any such questions or matters. 


Article 11 


1. The General Assembly may consider the general principles 
of co-operation in the maintenance of international peace and 
security, including the principles governing disarmament and 
the regulation of armaments, and may make recommendations 
with regard to such principles to the Members or to the Security 


Council or both. 
83 


2. The General Assembly may discuss any questions relating 
to the maintenance of international peace and security brought 
before it by any Member of the United Nations, or by the 
Security Council, or by a state which is not a member of the 
United Nations in accordance with Article 35, paragraph two, 
and, except as provided in Article 12, may make recommendations 
with regard to any such questions to the state or states con- 
cerned or to the Security Council or to both. Any such question, 
on which action is necessary, shall be referred to the Security 
Council by the General Assembly either before or after discussion. 


3. The General Assembly may call the attention of the Security 
Council to situations which are likely to endanger international 
peace and security. 


4. The powers of the General Assembly set forth in this article 
shall not limit the general scope of Article ro. 


Article 12 


1. While the Security Council is exercising in respect of any 
dispute or situation the functions assigned to it in the present 
Charter, the General Assembly shall not make any recommenda- 
tion with regard to that dispute or situation unless the Security 
Council so requests. 


2. The Secretary-General, with the consent of the Security 
Council, shall notify the General Assembly at each session of 
any matters relative to the maintenance of international peace 
and security which are being dealt with by the Security Council 
and shall similarly notify the General Assembly, or the Members 
of the United Nations if the General Assembly is not in session, 
immediately the Security Council ceases to deal with such 
matters. 

Article 13 


1. The General Assembly shall initiate studies and make 
recommendations for the purpose of: 

(a2) Promoting international co-operation in the political 
field and encouraging the progressive development of inter- 
national law and its codification; 

(b) Promoting international co-operation in the economic, 
social, cultural, educational, and health fields, and assisting 
in the realisation of human rights and fundamental freedom, 
for all without distinction as to race, sex, language, or religion. 
2. The further responsibilities, functions, and powers of the 

General Assembly with respect to matters mentioned in para- 
graph 1 (b) above are set forth in Chapters IX and X. 


Article 14 


Subject to the provisions of Article 12, the General Assembly 
may recommend measures for the peaceful adjustment of any 
situation, regardless of origin, which it deems likely to impair 
the general welfare or friendly relations among nations, including 
situations resulting from the violation of the provisions of the 
present Charter setting forth the Purposes and Principles of the 
United Nations. 


Article 15 


1. Lhe General Assembly shall receive and consider annual 
and special reports from the Security Council; these reports 
include an account of the measures that the Security Council 
has decided upon or taken to maintain international peace and 
security. 


2. The General Assembly shall receive and consider reports 
from the other organs of the United Nations. 


Article 16 


The General Assembly shall perform such functions with 
respect to the international trusteeship system as are assigned to 
it under Chapters XII and XIII, including the approval of the 
trusteeship agreements for areas not designated as strategic. 


Article 17 
1. The General Assembly shall consider and approve the 
budget of the Organisation. 
2. The expenses of the Organisation shall be borne by the 
Members as apportioned by the General Assembly. 
3. The General Assembly shall consider and approve any 


financial and budgetary arrangements with specialised agencies 
referred to in Article 57 and shall examine the administrative 
budgets of such specialised agencies with a view to making 
recommendations to the agencies concerned. 


VOTING 


Article 18 


1. Each member of the General Assembly shall have one vote. 
2. Decisions of the General Assembly on important questions 
shall be made by a two-thirds majority of the members present 


85 


and voting. These questions shall include: recommendations with 
respect to the maintenance of international peace and security, 
the election of the non-permanent members of the Security 
Council, the election of the members of the Economic and Social 
Council, the election of members of the Trusteeship Council in 
accordance with paragraph 1 (¢) of Article 86, the admission of 
new Members to the United Nations, the suspension of the rights 
and privileges of membership, the expulsion of Members, 
questions relating to the operation of the trusteeship system, and 
budgetary questions. 


3. Decisions on other questions, including the determination 
of additional categories of questions to be decided by a two-thirds 
majority, shall be made by a majority of the members present 
and voting. 


Article 19 


A Member of the United Nations which is in arrears in the 
payment of its financial contributions to the Organisation shall 
have no vote in the General Assembly if the amount of its arrears 
equals or exceeds the amount of the contributions due from it for 
the preceding two full years. The General Assembly may, 
nevertheless, permit such a Member to vote if it is satisfied that 
the failure to pay is due to conditions beyond the control of the 
Member. 


PROCEDURE 


Article 20 


The General Assembly shall meet in regular annual sessions 
and in such special sessions as occasion may require. Special 
sessions shall be convoked by the Secretary-General at the 
request of the Security Council or of a majority of the Members 
of the United Nations. 


Article 21 


The General Assembly shall adopt its own rules of prodecure. 
It shall elect its President for each session. 


Article 22 


The General Assembly may establish such subsidiary organs 
as it deems necessary for the performance of its functions. 


86 


CHAPTER V.—TuHE SEcuRITY CouNncitt—ComPOSsITION 


Article 23 


1. The Security Council shall consist of 11 Members of the 
United Nations. The Republic of China, France, the Union of 
Soviet Socialist Republics, the United Kingdom of Great 
Britain and Northern Ireland, and the United States of America 
shall be permanent members of the Security Council. The 
Gencral Assembly shall clect six other Members of the United 
Nations to be non-permanent members of the Security Council, 
due regard being specially paid, in the first instance, to the 
contribution of Members of the United Nations to the main- 
tenance of international peace and security and to the other 
purposes of the Organisation, and also to equitable geogyaphical 
distribution. 


2. The non-permanent members of the Security Council shall 
be elected for a term of two years. In the first election of the non- 
permanent members, however, three sha]! be chosen for a term 
of one year. A retiring member shall not be eligible for immediate 
re-election. 

3. Each member of the Security Council shall have one 
representative. 


FUNCTIONS AND POWERS 


Article 24 


1. In order to ensure prompt and effective action by the 
United Nations, its Members confer on the Security Council 
primary responsibility for the maintenance of international peace 
and security, and agree that in carrying out its duties under this 
responsibility the Security Council acts on their behalf. 

2. In discharging these duties the Security Council shall act 
in accordance with the Purposes and Principles of the United 
Nations. The specific powers granted to the Security Council 
for the discharge of these duties are laid down in Chapters VI, 
VIT, VIII and XII. 

3. The Security Council shall submit annual and, when 
necessary, special reports to the General Assembly for its con- 
sideration. 

Article 25 


The Members of the United Nations agree to accept and carry 
out the decisions of the Security Council in accordance with the 


present, Charter. 
87 


Article 26 


In order to promote the establishment and maintenance of 
international peace and security with the least diversion for 
armaments of the world’s human and economic resources, the 
Security Council shall be responsible for formulating, with the 
assistance of the Military Staff Committee referred to in Article 
47, plans to be submitted to the Members of the United Nations 
for the establishment of a system for the regulation of armaments. 


VOTING 


Article 27 
1. Each member of the Security Council shall have one vote. 


2. Decisions of the Security Council on precedural matters 
shall be made by an affirmative vote of seven members. 


3. Decisions of the Security Council on all other matters shall 
be n ide by an affirmative vote of seven members including the 
concurring votes of the permanent members; provided that, in 
decisions under Chapter VI and under paragraph 3 of Article 52, 
a party to a dispute shall abstain from voting. 


PROCEDURE 


Artiule 28 


1. The Security Council shall be so organised as to be able to 
function continuously. Each member of the Security Council 
shall for this purpose be represented at all times at the seat of 
the Organisation. 

2. The Security Council shall hold periodic meetings at which 
each of its members may, if it so desires, be represented by a 
member of the government or by some other specially designated 
representative. 

3. The Security Council may hold meetings at such place 
other than the scat of the organisation as in its judgment will best 
facilitate its work. 


Article 29 


The Security Council may establish subsidiary organs as it 
deems necessary for the performance of its functions. 


Article 30 


The Security Council shall adopt its own rules of procedure, 
including the method of selecting its President. 


Aritwle 31 


Any Member of the United Nations which is not a member of 
the Security Council may participate, without vote, in the 
discussion of any question brought before the Security Council 
whenever the latter considers that the interests of that Member 
as specially affected. 


Article 32 


Any Member of the United Nations which is not a member of 
the Security Council or any state which is not a Member of the 
United Nations, if it is a party to a dispute under consideration 
by the Security Council, shall be invited to participate, without 
vote, in the discussion relating to the dispute. 

The Security Council shall lay down such conditions as it 
deems just for the participation of a state which is not a Member 
of the United Nations. 


CHAPTER VI.—PACIFIG SETTLEMENT OF DISPUTES 


Article 33 


1. The parties to any dispute, the continuance of which is 
likely to endanger the maintenance of international peace and 
security, shall, first of all, seek a solution by negotiation, inquiry, 
mediation, conciliation, arbitration, judicial settlement, resort 
to regional agencies or arrangements, or other peaceful means 
of their own choice. 

2. ‘The Security Council shall, when it deems necessary, call 
upon the parties to settle their dispute by such means. 


Article 34 


The Security Council may investigate any dispute, or any 
situation which might lead to international friction or give risc 
to a dispute, in order to determine whether the continuance of 
the dispute or situation is likely to endanger the maintenance of 
international peace and security. 


Article 35 


1. Any Member of the United Nations may bring any dispute 
or any situation of the nature referred to in Article 34 to the 
attention of the Security Council or of the General Assembly. 

2. A state which is not a Member of the United Nations may 
bring to the attention of the Security Council ‘or of the General 
Assembly any dispute to which it is a party, if it accepts in 


89 


advance, for the purposes of the dispute, the obligations of pacific 
settlement provided in the present Charter. 

3. The procecdings of the General Assembly in respect of 
matters brought to its attention under this article will be subject 
to the provisions of Articles 11 and 12. 


Article 36 


1. ‘The Security Council may, at any stage of a dispute of the 
nature referred to in Article 33 or of a situation of like nature, 
recommend appropriate procedures or methods of adjustment. 

2. The Security Council should take into consideration any 
procedures for the settlement of the dispute which have already 
been adopted by the parties. 

3. In making recommendations under this Article the Security 
Council should also take into consideration that legal disputes 
should as a gencral rule be referred by the parties to the Inter- 
nation.l Court of Justice in accordance with the provisions of the 
Statute of the Court. 


Article 37 


1. Should the parties to a dispute of the nature referred to in 
Article 33 fail to settle it by the means indicated in that article, 
they shall refer it to the Security Council. 

2. If the Security Council deems that the continuance of the 
dispute is in fact likely to endanger the maintenance of inter- 
national peace and sccurity, it shall decide whether to take action 
under Article 36 or to recommend such terms of settlement as it 
may consider appropriate. 


Article 38 


Without prejudice to the provisions of Articles 33-37, the 
Security Council may, if all the parties to any dispute so request, 
make recommendations to the parties with a view to a pacific 
settlement of the dispute. 


CHAPTER VII.—ACTION witH REsPpECT TO THREATS TO THE 
PEACE, BREACHES OF THE PEACE, AND Acts OF AGGRESSION 


Article 39 


The Security Council shall determine the existence of any 
threat to the peace, breach of the peace, or act of aggression and 
shall make recommendations, or decide what measures shall be 
taken in accordance with Articles 41 and 42, to maintain or 
restore international peace and security. 


go 


Article 40 


In order to prevent an aggravation of the situation, the Security 
Council may, before making the recommendations or deciding 
upon the measures provided for in Article 39, call upon the parties 
concerned to comply with such provisional measures as it deems 
necessary or desirable. Such provisional measures shall be with- 
out prejudice to the rights, claims or position of the parties 
concerned. The Security Council shall duly take account of 
failure to comply with such provisional measures. 


Article 41 


The Security Council may decide what measures not involving 
the use of armed force are to be employed to give effect to its 
decisions, and it may call upon the Members of the United 
Nations to apply such measures. These may include complete 
or partial interruption of economic relations and of rail, sea, 
air, postal, telegraphic, radio, and other means of communica- 
tion, and the severance of diplomatic relations. 


Article 42 


Should the Security Council consider that measures provided 
for in Article 41 would be inadequate or have proved to be 
inadequate, it may take such action by air, sea, or land forces as 
may be necessary to maintain or restore international peace and 
security. Such action may include demonstrations, blockade 
and other operations by air, sea or land forces of Members of 
the United Nations. 


Article 43 


1. All Members of the United Nations, in order to contribute 
to the maintenance of international peace and security, under- 
take to make available to the Security Council, on its call and in 
accordance with a special agreement or agreements, armed 
forces, assistance, and facilities, including rights of passage 
necessary for the purpose of maintaining international peace 
and security. 


2. Such agreement or agreements shall govern the numbers 
and types of forces, their degree of readiness and general location, 
and the nature of the facilities and assistance to be provided. 


3. The agreement or agreements shall be negotiated as soon 
as possible on the initiative of the Security Council. They shall 
be concluded between the Security Council and Members or 


gl 


between the Security Council and groups of Members and shall 
be subject to ratification by the signatory states in accordance 
with their respective constitutional processes. 


Article 44 


When the Security Council has decided to use force it shall, 
before calling upon a Member not represented on it to provide 
armed forces in fulfilment of the obligations assumed under 
Article 43, invite that member, if the member so desires, to 
participate in the decisions of the Security Council concerning 
the employment of contingents of that Member’s armed forces. 


Article 45 


In order to enable the United Nations to take urgent military 
measures, Members shall hold immediately available national 
air-force contingents for combined international enforcement 
action. The strength and degree of readiness of these contingents 
and plans for their combined action shall be determined, within 
the limits laid down in the special agreement or agreements 
referred to in Article 43 by the Security Council with the assist- 
ance of the Military Staff Committee. 


Article 46 


Plans for the application of armed force shall be made by the 
Security Council with the assistance of the Military Staff Com- 
mittee. 

Article 47 


1. There shall be established a Military Staff Committee to 
advise and assist the Security Council on all questions relating to 
the Security Council’s military requirements for the maintenance 
of international peace and security, the employment and com- 
mand of forces placed at its disposal, the regulation of armaments, 
and possible disarmament. 

2. The Military Staff Committee shall consist of the Chiefs of 
Staff of the permanent members of the Security Council or their 
representatives. Any member of the United Nations not per- 
manently represented on the Committee shall be invited by the 
Committee to be assoicated with it when the efficient discharge 
of the Committee’s responsibilities requires the participation of 
that member in its work. 

3. The Military Staff Committee shall be responsible under 
the Security Council for the stragetic direction of any armed 


92 


forces placed at the disposal of the Security Council. Questions 
relating to the command of such forces shall be worked out 
subsequently. 

4. The Military Staff Committee, with the authorisation of 
the Security Council and after consultation with appropriate 
regional agencies, may establish regional sub-committees. 


Article 48 


1. The action required to carry out the decisions of the 
Security Council for the maintenance of international peace 
and security shall be taken by all the Members of the United 
Nations or by some of them, as the Security Council may 
determine. 

2. Such decisions shall be carried out by the Members of the 
United Nations directly and through their action in the appro- 
priate international agencies of which they are members. 


Article 49 


The Members of the United Nations shall join in affording 
mutual assistance in carrying out the measures decided upon by 
the Security Council. 


Article 50 


If preventive or enforcement measures against any State are 
taken by the Security Council, or any other State, whether a 
Member of the United Nations or not, which finds itself con- 
fronted with special economic problems arising from the carrying 
out of those measures, shall have the right to consult the Security 
Council with regard to a solution of those problems. 


Article 51 


Nothing in the prescnt Charter shall impair the inherent right 
of individual or collective self-defence if an armed attack occurs 
against a Member of the United Nations, until the Security 
Council has taken the measures necessary to maintain inter- 
national peace and security. Measures taken by Members in the 
exercise of this right of self-defence shall be immediately reported 
to the Security Council and shall not in any way affect the 
authority and responsibility of the Security Council under the 
present Charter to take at any time such action as it deems 
necessary in order to maintain or restore international peace 
and security. 


93 


CHAPTER VIII.—REGIONAL ARRANGEMENTS 


Article 52 


1. Nothing in the present Charter precludes the existence of 
regional arrangements or agencies for dealing with such matters 
relating to the maintenance of international peace and security 
as are appropriate for regional action, provided that such arrange- 
ments or agencies and their activities are consistent with the 
Purposes and Principles of the United Nations. 

2. The members of the United Nations entering into such 
arrangements or constituting such agencies shall make every 
effort to achieve pacific settlement of local disputes through such 
regional arrangements or by such regional agencies before refer- 
ring them to the Security Council. 

3. The Security Council shall encourage the development of 
pacific settlement of local disputes through such regional arrange- 
ment. or by such regional agencies either on the initiative of the 
states concerned or by reference from the Security Council. 


4. This Article in no way impairs the application of Articles 


34 and 35. 
Article 53 


1. The Security Council shall, where appropriate, utilise such 
regional arrangements or agencies for enforcement action under 
its authority. But no enforcement action shall be taken under 
regional arrangements, or by regional agencies without the 
authorisation of the Security Council, with the exception of 
measures against any enemy State, as defined in Paragraph 2 of 
this Article, provided for pursuant to Article 107 or in regional 
arrangements directed against renewal of aggressive policy on 
the part of any such state, until such time as the Organisation 
may, on request of the governments concerned, be charged with 
the responsibility for preventing further aggression by such a 
state. 

2. The term enemy State as used in paragraph 1 of this Article 
applies to any state which during the Second World War has 
been an enemy of any signatory of the present Charter. 


Article 54 


The Security Council shall at all times be kept fully informed 
of activities undertaken or in contemplation under regional 
arrangements or by regional agencies for the maintenance of 
international peace and security. 


94 


CHAPTER IX.—INTERNATIONAL ECONOMIC AND SOCIAL 
CO-OPERATION 


Article 55 


With a view to the creation of conditions of stability and well- 
being which are necessary for peaceful and friendly relations 
among nations based on respect for the principle of equal rights 
and self-determination of peoples, the United Nations shall 
promote: 


(a) Higher standards of living, full employment, and conditions 
of economic and social progress and development; 

(b) solutions of international economic, social, health and 
related problems; and international cultural and educational 
co-operation; and 

(c) universal respect for, and observance of, human rights and 
fundamental freedoms for all without distinction as to race, sex, 
language or religion. 


Article 56 


All Members pledge themselves to take joint and separate 
action in co-operation with the Organisation for the achievement 
of the purposes set forth in Article 55. 


Article 57 


1. The various specialised agencies, established by inter- 
governmental agreement and having wide international respons- 
ibilities, as defined in their basic instruments, in economic, social, 
cultural, educational, health and related fields, shall be brought 
into relationship with the United Nations in accordance with the 
provisions of Article 63. 

2. Such agencies thus brought into relationship with the 
United Nations are hereinafter referred to as specialised agencies. 


Article 58 


The Organisation shall make recommendations for the co- 
ordination of the policies and activities of the specialised agencies. 


Article 59 
The Organisation shall, where appropriate, initiate negotia- 
tions among the states concerned for the creation of any new 
specialised agencies required for the accomplishment of the 
purposes set forth in Article 55. 


95 


Article 60 


Responsibility for the discharge of the functions of the Organ- 
isation set forth in this Chapter shall be vested in the General 
Assembly and, under the authority of the Gencral Assembly, in 
the Economic and Social Council, which shall have for this 
purpose the powers set forth in Chapter X. 


CHAPTER X.—THE ECONOMIC AND SocIAL CouNCcIL— 
COMPOSITION 


Article 61 


1. The Economic and Social Council shall consist of 18 Mem- 
bers of the United Nations elected by the General Assembly. 

2. Subject to the provisions of paragraph 3, six members of the 
Economic and Social Council shall be elected each year for a 
term of three years. A retiring member shall be cligible for 
immc liate re-election. 

3. At the first election, 18 members of the Economic and Social 
Council shall be chosen, the term of office of six members so 
chosen shall expire at the end of onc year, and of six other 
members at the end of two years, in accordance with arrange- 
ments made by the General Assembly. 

4. Each member of the Economic and Social Council shall 
have one representative. 


FUNCTIONS AND POWERS 


Article 62 


1. The Economic and Social Council may make or initiate 
studies and reports with rcspect to international, economic, 
social, cultural, educational, health and related matters and may 
make recommendations with respect to any such matters to the 
General Assembly, to the Members of the United Nations, and 
to the specialised agencies concerned. 

2, It may make recommendations for the purpose of promot- 
ing respect for, and observance of, human rights and funda- 
mental freedoms for all. 

3. It may prepare draft conventions for submission to the 
General Assembly, with respect to matters falling within its 
competence. 

4. It may call, in accordance with the rules prescribed by the 
United Nations, international conferences on matters falling 
within its competence. 


96 


Article 63 


1. The Economic and Social Council may enter into agrce- 
ments with any of the agencies referred to in Article 57, defining 
the terms on which the agency concerned shall be brought into 
relationship with the United Nations. Such agreements shall be 
subject to approval by the General Assembly. 

2, It may co-ordinate the activities of the specialised agencies 
through consultation with and recommendations to such agencies 
and through recommendations to the General Assembly and to 
the Members of the United Nations. 


Article 64 


1. The Economic and Social Council may take appropriate 
steps to obtain regular reports from the spccialised agencies. It 
may make arrangements with the Members of the United Nations 
and with the specialised agencies to obtain reports on the steps 
taken to give effect to its own recommendations and to recom- 
mendations on matters falling within its competence made by 
the General Assembly. 

2. It may communicate its observations on these reports to 
the General Assembly. 

Article 65 

The Economic and Social Council may furnish information to 
the Security Council and shall assist the Security Council upon 
its request. 

Article 66 

1. The Economic and Social Council shall perform such 
functions as fall within its competcnce in connection with the 
carrying out of the recommendations of the General Assembly. 

2. It may, with the approval of the Gencral Assembly, perform 
services at the request of Members of the United Nations and at 
the request of specialised agencies. 

3. It shall perform such other functions as are specified else- 
where in the present Charter or as may be assigned to it by the 
Gencral Assembly. 


VOTING 


Article 67 


1. Each member of the Economic and Social Council shall 
have one vote. 
2. Decisions of the Economic and Social Council shall be made 
by a majority of the members present and voting. 
97 


PROCEDURE 


Article 68 


The Economic and Social Council shall set up commissions in 
economic and social fields and for the promotion of human rights, 
and such other commissions as may be required for the per- 
formance of its functions. 


Article 69 


The Economic and Social Council shall invite any Member of 
the United Nations to participate, without vote, in its deliber- 
ations on any matter of particular concern to that Member. 


Article 70 
The Economic and Social Council may make arrangements for 
representatives of the specialised agencies to participate, without 
vote. in its deliberations and in those of the commissions estab- 
lishe-. by it, and for its representatives to participate in the 
deliberations of the specialised agencies. 


Article ‘71 


The Economic and Social Council may make suitable arrange- 
ments for consultation with non-governmental organisations 
which are concerned with matters within its competence. 

Such arrangements may be made with international organisa- 
tions and, where appropriate, with national organisations after 
consultation with the Member of the United Nations concerned. 


Article 72 


1. The Economic and Social Council shall adopt its own rules 
of procedure, including the method of selecting its President. 

2. The Economic and Social Council shall meet as required in 
accordance with its rules, which shall include provision for the 
convening of meetings on request of a majority of its members. 


CHAPTER XI.—DECLARATION REGARDING Non- 
SELF-GOVERNING ‘TERRITORIES 


Article 73 


Members of the United Nations which have or assume respons- 
ibilities for the administration of territories whose peoples have 
not yet attained a full measure of self-government recognise the 
principle that the interests of the inhabitants of these territories 


98 


are paramount, and accept as a sacred trust the obligation to 
promote to the utmost, within the system of international peace 
and security established by the present Charter, the well-being 
of the inhabitants of these territories, and to this end: 


(a) To ensure, with due respect for the culture of the peoples 
concerned, their political, cconomic, social and educational 
advancement, their just treatment, and their protection against 
abuses; 

(6) To develop self-government, to take due account of the 
political aspirations of the peoples, and to assist them in the 
progressive development of their free political institutions, 
according to the particular circumstances of each territory and 
its peoples and their varying stages of advancement; 

(c) To further international peace and security; 

(d) To promote constructive measures of development, to 
encourage research, and to co-operate with one another and, 
when and where appropriate, with specialised international 
bodies with a view to the practical achievement of the social, 
economic and scientific purposes set forth in this Article; and 

(e) To transmit regularly to the Secretary-Gencral for 
information purposes, subject to such limitation as security and 
constitutional considerations may require, statistical and other 
information of a technical nature relating to economic, social 
and educational conditions in the territories for which they are 
respectively responsible other than those territories to which 
Chapters XII and XIII apply. 


Article 74 


Members of the United Nations also agree that their policy in 
respect of the territories to which this Chapter applics, no less 
than in respect of their metropolitan areas, must be bascd on the 
general principle of good neighbourliness duc account being 
taken of the interests and well-being of the rest of the world, in 
social, economic and commercial matters. 


CHAPTER XII.—INTERNATIONAL TRUSTEESHIP SYSTEM 


Article 75 


The United Nations shall establish under its authority an 
international trusteeship system for the administration and 
supervision of such territories as may be placed thereunder by 
subsequent individual agreements. These territories are herein- 
after referred to as Trust Tcrritories. 


99 


Article 76 


The basic objectives of the trusteeship system, in accordance 
with the Purposes of the United Nations laid down in Article 1 
of the present Charter, shall be: 


(a) To further international peace and security; 

(b) To promote the political, economic, social and educa- 
tional advancement of the inhabitants of the Trust Territories, 
and their progressive development towards self-government or 
independence as may be appropriate to the particular circum- 
stances of each territory and its peoples and the freely expressed 
wishes of the people concerned, and as may be provided by the 
terms of each trusteeship agrecment; 

(c) To encourage respect for human rights and for funda- 
mental freedoms for all without distinction as to race, sex, 
language, or religion, and to cncourage recognition of the 
interdependence of the peoples of the world; and 

(.) To ensure equal treatment in social, cconomic and com- 
mercial matters for all Members of the United Nations and 
their nationals, and also equal treatment for the latter in the 
administration of justice, without prejudice to the attainment of 
the foregoing objectives and subject to the provisions of 
Article 80. 


Article 77 


1. The trustceship system shall apply to such territories in the 
following categories as may be placed thereunder by means of 
trusteeship agreements: 

(a) Territories now held under mandate; 

(b) Territories which may be detached from enemy states 
as a result of the Second World War; and 

(c) Territories voluntarily placed under the system by states 
responsible for their administration. 

2. It will be a matter for subsequent agreement as to which 
territories in the foregoing categories will be brought under the 
trusteeship system and upon what terms. 


Article 78 


The trusteeship system shall not apply to territories which 
have become Members of the United Nations, relationship 
among which shall be based on respect for the principle of 
sovereign equality. 


100 


Article 79 


The terms of trusteeship for each territory to be placed under 
the trusteeship system, including any alteration or amendment, 
shall be agreed upon by the states directly concerned, including 
the mandatory power in the case of territories held under man- 
date by a Member of the United Nations, and shall be approved 
as provided for in Articles 83 and 85. 


Article 80 


1. Except as may be agreed upon in individual trusteeship 
agreements, made under Articles 77, 79 and 81, placing each 
territory under the trusteeship system, and until such agreements 
have been concluded, nothing in this Chapter shall be construed 
in or of itself to alter in any manner the rights whatsoever of 
any states or any peoples or the terms of existing international 
instruments to which Members of the United Nations may re- 
spectively be parties. 


2. Paragraph 1 of this Article shall not be interpreted as giving 
grounds for delay or postponement of the negotiation and con- 
clusion of agreements for placing mandated and other territories 
under the trusteeship system as provided for in Article 77. 


Article 81 


The trusteeship agreement shall in each case include the terms 
under which the trust territory will be administered and designate 
the authority which will exccrcise the administration of the trust 
territory. Such authority, hereinafter called the administering 
authority, may be one or more states or the Organisation itself. 


Article 82 


There may be designated, in any trusteeship agreement, a 
strategic area or areas which may include part or all of the trust 
territory to which the agrecment applies, without prejudice to 
any special agreement or agreements made under Article 43. 


Article 83 
1. All functions of the United Nations relating to strategic 
areas, including the approval of the terms of the trusteeship 
agreements and of their alteration or amendment, shall be 
exercised by the Security Council. 
2. The basic objectives set forth in Article 76 shall be applic- 
able to the people of each strategic area. 
101 


3. The Security Council shall, subject to the provisions of the 
trusteeship agreements and without prejudice to security con- 
siderations, avail itself of the assistance of the Trusteeship 
Council to perform those functions of the United Nations under 
the trusteeship system relating to political, economic, social, and 
educational matters in the strategic areas. 


Article 84 


It shall be the duty of the administering authority to ensure 
that the trust territory shall play its part in the maintenance of 
international peace and security. To this end the administering 
authority may make use of volunteer forces, facilities, and assist- 
ance from the trust territory in carrying out the obligations 
towards the Security Council undertaken in this regard by the 
administering authority, as well as for local defence and the 
maintenance of law and order within the trust territory. 


Article 85 


1. The functions of the United Nations with regard to trustee- 
ship agreements for all areas not designated as strategic, including 
the approval of the terms of the trusteeship agreements and of 
their alteration or amendment, shall be exercised by the General 
Assembly. 


2. The Trusteeship Council, operating under the authority 
of the General Assembly, shall assist the General Assembly in 
carrying out these functions. 


CHAPTER XIII.—THE TRUSTEESHIP COUNCIL—COMPOSITION 


Article 86 


1. The Trusteeship Council shall consist of the following 
Members of the United Nations: 


(a) Those Members administering trust territories; 

(b) Such of those members mentioned by name in Article 
23 as are not administering trust territories; and 

(c) As many other Members elected for three-year terms by 
the General Assembly as may be necessary to ensure that the 
total number of members of the Trusteeship Council is equally 
divided between those Members of the United Nations which 
administer trust territories and those which do not. 


2. Each member of the Trusteeship Council shall designate 
one specially qualified person to represent it therein. 


102 


FUNCTIONS AND POWERS 


Article 87 
The General Assembly and, under its authority, the Trustee- 
ship Council, in carrying out their functions, may: 
_ (a) Consider reports submitted by the administering author- 
ity; 

(b) Accept petitions and examine them in consultation with 
the administering authority; 

(c) Provide for periodic visits to the respective Trust Terri- 
tories at times agreed upon with the administering authority; 
and; 

(d) Take these and other actions in conformity with the terms 
of the trusteeship agreements. 


Article 88 


The ‘Trusteeship Council shall formulate a questionnaire on the 
political, economic, social and educational advancement of the 
inhabitants of each trust territory, and the administering author 
ity for each trust territory within the competence of the General 
Assembly shall make an annual report to the General Assembly 
upon the basis of such a questionnaire. 


VOTING 


Article 89 


1. Each member of the Trusteeship Council shall have one vote. 
2. Decisions of the Trusteeship Council shall be made by a 
majority of the members present and voting. 


PROCEDURE 


Article go 


1. The Trusteeship Council shall adopt its own rules and 
procedure, including the method of selecting its President. 

2. The Trusteeship Council shall meet as required in accord- 
ance with its rules, which shall include provision for the conven- 
ing of meetings on the request of a majority of its members. 


Article 91 


The Trusteeship Council shall, when appropriate, avail itself 
of the assistance of the Economic and Social Council and of the 
specialised agencies in regard to matters with which they are 


respectively concerned. 
103 


CHAPTER XIV.—THE INTERNATIONAL CouRT OF JUSTICE 


Article 92 


The International Court of Justice shall be the principal 
judicial organ of the United Nations. It shall function in accord- 
ance with the annexed Statute, which is based upon the Statute of 
the Permanent Court of International Justice and forms an 
integral part of the present Charter. 


Article 93 


1. All Members of the United Nations are ipso facto parties to 
the Statute of the International Court of Justice. 

2. A state which is not a Member of the United Nations may 
become a party to the Statute of the International Court of 
Justice on conditions to be determined in cach case by the 
Gencral Assembly upon the recommendation of the Security 
Council. 


Article 94 


1. Each Member of the United Nations undertakes to comply 
with the decision of the International Court of Justice in any 
case to which it is a party. 

2. If any party to a case fails to perform the obligations in- 
cumbent upon it under a judgment rendered by the Court, the 
other party may have recourse to the Security Council, which 
may, if it deems necessary, make recommendations or decide 
upon measures to be taken to give effect to the judgment. 


Article 95 


Nothing in the present Charter shall prevent Members of the 
United Nations from entrusting the solution of their differences 
to other tribunals by virtue of agreements already in existence 
or which may be concluded in the future. 


Article 96 


1. ‘he General Assembly or the Security Council may request 
the International Court of Justice to give an advisory opinion 
on any legal question. 

2. Other organs of the United Nations and specialised agencies, 
which may at any time be so authorised by the General Assembly, 
may also request advisory opinions of the Court on legal ques- 
tions arising within the scope of their activities. 


104 


CHAPTER XV.—THE SECRETARIAT 


Article 97 


The Secretariat shall comprise a Secretary-Gencral and such 
staff as the Organisation may require. The Secretary-General 
shall be appointed by the General Assembly upon the recom- 
mendation of the Security Council. He shall be the chief admin- 
istrative officer of the Organisation. 


Article 98 
The Secretary-General shall act in that capacity in all meetings 
of the General Assembly, of the Security Council, of the Econ- 
omic and Social Council, and of the Trusteeship Council, and 
shall perform such other functions as are entrusted to him by 
these organs. The Secrctary-General shall make an annual 
report to the General Assembly on the work of the Organisation. 


Article 99 


The Secretary-General may bring to the attention of the 
Security Council any matter which in his opinion may threaten 
the maintenance of international peace and security. 


Article 100 


1. In the performance of their duties the Secretary-General 
and the staff shall not scek or receive instructions from any 
government or from any other authority external to the Organ- 
isation. They shall refrain from any action which might reflect 
on their position as international officials, responsible only to 
the Organisation. 


2. Each Member of the United Nations undertakes to respect 
the exclusively international character of the responsibilities of 
the Secretary-General and the staff and not to seek to influence 
them in the discharge of their responsibilities. 


Article 101 


1. The staff shall be appointed by the Secretary-General under 
regulations established by the General Assembly. 

2. Appropriate staffs shall be permanently assigned to the 
Economic and Social Council, the Trusteeship Council, and, as 
required, to other organs of the United Nations. These staffs 
shall form a part of the Secretariat. 

105 


3g. The paramount consideration in the employment of the 
staff and in the determination of the conditions of service shall 
be the necessity of securing the highest standards of efficiency, 
competence and integrity. Due regard shall be paid to the im- 
portance of recruiting the staff on as wide a geographical basis 
as possible. 


CHAPTER XVI.—MISCELLANEOUS PROVISIONS 


Article 102 


1. Every treaty and every international agreement entered 
into by any Member of the United Nations after the present 
Charter comes into force shall as soon as possible be registered 
with the Secretariat and published by it. 

2. No party to any such treaty or international agreement 
which has not been registered in accordance with the provisions 
of paragraph 1 of this Article may invoke that treaty or agree- 
ment vefore any organ of the United Nations. 


Article 103 


In the event of a conflict between the obligations of the 
Members of the United Nations under the present Charter and 
their obligations under any other international agreement, their 
obligations under the present Charter shall prevail. 


Aritcle 104 


The Organisation shall enjoy in the territory of each of its 
Members such legal capacity as may be necessary for the exercise 
of its functions and the fulfilment of its purposes. 


Article 105 


1. The Organisation shall enjoy in the territory of each of its 
Members such privileges and immunities as are necessary for 
the fulfilment of its purposes. 

2. Representatives of the Members of the United Nations and 
officials of the Organisation shall similarly enjoy such privileges 
and immunities as are necessary for the independent exercise of 
their functions in connection with the Organisation. 

3. The General Assembly may make recommendations with 
a view to determining the details of the application of paragraphs 
1 and 2 of this Article or may propose conventions to the Members 
of the United Nations for this purpose. 


76 


CHAPTER XVII.—TRANSITIONAL SECURITY ARRANGEMENTS 


Article 106 


Pending the coming into force of such special agreements 
referred to in Article 43 as in the opinion of the Security Council 
enable it to begin the exercise of its responsibilities under Article 
42, the parties to the Four-Nation Declaration, signed at Moscow, 
goth October, 1943, and France, shall, in accordance with the 
provisions of paragraph 5 of that Declaration, consult with one 
another and as occasion requires with other Members of the 
United Nations with a view to such joint action on behalf of the 
Organisation as may be necessary for the purpose of maintaining 
international peace and security. 


Article 107 


Nothing in the present Charter shall invalidate or preclude 
action, In relation to any state which during the Second World 
War has been an enemy of any signatory to the present Charter, 
taken or authorised as a result of that war by the Governments 
having responsibility for such action. 


CHAPTER XVIIT.—AMENDMENTS 


Article 108 


Amendments to the present Charter shall come into force for 
all members of the United Nations when they have been adopted 
by a vote of two-thirds of the members of the General Assembly 
and ratified in accordance with their respective constitutional 
processes by two-thirds of the members of the United Nations, 
including all the permanent members of the Security Council. 


Article 109 


1. A General Conference of the Members of the United 
Nations for the purpose of reviewing the present Charter may be 
held at a date and place to be fixed by a two-thirds vote of the 
members of the Gencral Assembly and by a vote of any seven 
members of the Security Council. Each Member of the United 
Nations shall have one vote in the conference. 


2. Any alteration of the present Charter recommended by a 
two-thirds vote of the conference shall take effect when ratified 


107 


3. The paramount consideration in the employment of the 
staff and in the determination of the conditions of service shall 
be the necessity of securing the highest standards of efficiency, 
competence and integrity. Due regard shall be paid to the im- 
portance of recruiting the staff on as wide a geographical basis 
as possible. 


CHAPTER XVI.—MISCELLANEOUS PROVISIONS 


Article 102 


1. Every treaty and every international agreement entered 
into by any Member of the United Nations after the present 
Charter comes into force shall as soon as possible be registered 
with the Secretariat and published by it. 

2. No party to any such treaty or international agreement 
which has not been registered in accordance with the provisions 
of paragraph 1 of this Article may invoke that treaty or agree- 
ment before any organ of the United Nations. 


Article 103 


In the event of a conflict between the obligations of the 
Members of the United Nations under the present Charter and 
their obligations under any other international agreement, their 
obligations under the present Charter shall prevail. 


Article 104 


The Organisation shall enjoy in the territory of each of its 
Members such legal capacity as may be necessary for the exercise 
of its functions and the fulfilment of its purposes. 


Article 105 


1. The Organisation shall enjoy in the territory of each of its 
Members such privileges and immunities as are necessary for 
the fulfilment of its purposes. 


2. Representatives of the Members of the United Nations and 
officials of the Organisation shall similarly enjoy such privileges 
and immunities as are necessary for the independent exercise of 
their functions in connection with the Organisation. 

3. The General Assembly may make recommendations with 
a view to determining the details of the application of paragraphs 
1 and 2 of this Article or may propose conventions to the Members 
of the United Nations for this purpose. 


106 


CuHarTeR XVII.—Transir1IonaL Srecurtry ARRANGEMENTS 


Article 106 


Pending the coming into force of such special agreements 
referred to in Article 43 as in the opinion of the Security Council 
enable it to begin the exercise of its responsibilities under Article 
42, the parties to the Four-Nation Declaration, signed at Moscow, 
goth October, 1943, and France, shall, in accordance with the 
provisions of paragraph 5 of that Declaration, consult with one 
another and as occasion requires with other Members of the 
United Nations with a view to such joint action on behalf of the 
Organisation as may be necessary for the purpose of maintaining 
international peace and security. 


Article 107 


Nothing in the present Charter shall invalidate or preclude 
action, in relation to any state which during the Second World 
War has been an enemy of any signatory to the present Charter, 
taken or authorised as a result of that war by the Governments 
having responsibility for such action. 


CHAPTER XVIII.—AMENDMENTS 


Article 108 


Amendments to the present Charter shall come into force for 
all members of the United Nations when they have been adopted 
by a vote of two-thirds of the members of the General Assembly 
and ratified in accordance with their respective constitutional 
processes by two-thirds of the members of the United Nations, 
including all the permanent members of the Security Council. 


Article 109 


1. A General Conference of the Members of the United 
Nations for the purpose of reviewing the present Charter may be 
held at a date and place to be fixed by a two-thirds vote of the 
members of the General Assembly and by a vote of any seven 
members of the Security Council. Each Member of the United 
Nations shall have one vote in the conference. 


2. Any alteration of the present Charter recommended by a 
two-thirds vote of the conference shall take effect when ratified 
107 


BIBLIOGRAPHY 


Tus papers MENTIONED BELOW are mainly publications 
of His Majesty’s Government and of the newly-formed ‘‘United 
Nations Information Office.” (U.N.I.O.) (38 Russell Square, 
W.G.r). 


Chapter I 


The League of Nations and the Rule of Law, by Sir Alfred Zimmern. 
and Edition. Macmillan. 1939. 


The Conditions of Peace, by E. H. Carr. Macmillan. 


Chapter IT 
Charters of the Peace, by W. Arnold-Forster. 1933. Victor Gollancz. 


A Working Peace System, by D. Mitrany. Royal Institute of Inter- 
national Affairs. 1944. 


Towards World Recovery, by Henry Carter. National Peace 
Council, 1945. 


The Declaration of Philadelphia. Leaflet issued by the I.L.O. 1944. 


United Nations Relief and Rehabilitation Administration. 
Cmd. 6491 and 6497. 1944. 


Food and Agriculture Organisation. Final Act of the United 
Nations Conference, Gmd. 6451. 1943. 


Fighting for What?, by Sir John Orr. Macmillan. 


Monetary and Financial Conference (Bretton Woods). Final Act 
of the Conference. Cmd. 6546. 1944. 


International Civil Aviation; report on the Chicago Conference. 
United Nations Information Organisation. 1945. 


Educational and Cultural Organisation. Draft proposals. H.M. 
Stationery Office. 1945. 


Chapter IV 


Dumbarton Oaks: Conversations on World Organisation, Cmd. 
6560; and Commentary on the Dumbarton Oaks proposals, 
Cmd. 6571. H.M. Stationery Office. 1944. 


© eo) 


Chapters V, VI and VII 


Charter of the United Nations. Documents adopted by the 


United Nations Conference at San Francisco, 1945. Published 
for U.N.I.O. by H.M. Stationery Office. 1945. 


A Commentary on the Charter of the United Nations. Cmd. 
6666, H.M. Stationery Office. 


Report to the President: by the Chairman of the U.S. delegation. 
Conference Series 71. 


Ii!