CONTENTS
Preface : ON INTERPRETATION = xiii
PART ONE THE PURPOSES OF THE UNITED NATIONS
1. THE PREAMBLE = 3
1. Title of the Instrument and Name of the Organisation = 3
2. The Two Sentences of the Preamble = 5
3. Binding Force of the Preamble = 9
2. MAINTENANCE OF PEACE = 13
1. Prevention and Repression of Breaches of the Peace = 13
2. The Function of the Organisation and the Obligation of the Members = 15
3. Law and Justice = 15
4. International Peace = 19
3. INTERNATIONAL Co-OPERATION = 20
1. Political Co-operation = 20
2. Economic and Social Co-operation = 22
3. Human Rights = 27
4. Rights of States = 50
PART TWO ORGANISATION OF THE UNITED NATIONS
4. MEMBERSHIP = 57
1. Original Membership = 57
2. Subsequent Membership = 61
3. Compulsory Membership? = 75
4. Membership and Form of Government = 76
5. Re-entering the Organisation = 78
6. Admittance of Non-Recognised States = 79
7. Membership in the Judicial Community of the United Nations under Article 93 of the Charter = 79
8. Membership in the Judicial Community of the United Nations under Article 35 of the Statute = 82
9. Temporary Membership in the United Nations under Articles 32 and 70 and Indirect Membership under Article 52 of the Charter = 83
10. The Relations of Non-Members to the Organisation = 85
5. THE OBLIGATIONS OF THE MEMBERS AND NON-MEMBERS = 87
1. The Obligation to Fulfil all Obligations(Article 2, paragraph 2) = 87
2. The Obligation of Pacific Settlement of Conflicts(Article 2, paragraphs 3 and 4) = 90
3. The Obligation to Assist the Organisation(Article 2, paragraph 5) = 91
4. Financial Obligations(Articles 17 and 19) = 94
5. The Obligation to Carry out the Decisions of the Security Council(Articles 25, 48, 49) = 95
6. The Obligations with respect to the Seat of the Organisation = 98
7. The Obligations with respect to Enforcement Actions(Articles 43, 44, 45, 48) = 98
8. The Obligation with respect to the Exercise of the Right of Self-Defence(Article 51) = 99
9. The Obligations in case of Regional Arrangements(Article 51) = 99
10. The Obligation with respect to Economic and Social Co-operation(Article 56) = 99
11. The Obligations with respect to Non-Self-Governing and Trust Territories(Articles 73, 74, 76, 84, 87, 88) = 102
12. The Obligation with respect to the Secretariat(Article 100) = 102
13. The Obligation to Bring All Treaties to Registration(Article 102) = 102
14. The Obligations with respect to the Legal Status of the Organisation, its Officials and the Representatives of its Members(Articles 104, 105) = 102
15. The Obligations of Members and other Parties to the Statute with respect to the Court = 103
16. No Obligation of Disarmament = 104
17. Obligations of Non-Members(Article 2, paragraph 6) = 106
6. CONFLICT OF OBLIGATIONS = 111
1. Difference between the Charter and the Covenant of the League of Nations = 111
2. Conflicts between Treaty Obligations to which Article 103 Refers = 112
3. Conflicts between Obligations under the Charter and Obligations Established by Treaties Concluded between Members = 113
4. Conflicts between Obligations under the Charter and Obligations Established by Treaties Concluded between Members and Non-Members = 113
5. The Obligation Not to Assume Inconsistent Treaty Obligations and the Obligation to Take Steps for Release From Inconsistent Treaty Obligations = 115
6. Solution of Treaty Conflicts by the Principle of Priority of Execution of the Preceding Treaty = 117
7. No 'Automatic' Abrogation = 117
8. The Meaning of the Term 'Obligations of the Members' = 118
9. The Charter and the Pact of Paris = 119
7. WITHDRAWAL FROM THE ORGANISATION = 122
1. The Commentary of Committee 1／2 of the San Francisco Conference = 122
2. The 'Exceptional Circumstances' = 123
3. The Right of Withdrawal and Article 2, paragraph 6 = 124
4. The Right of Withdrawal as Consequence of the Principles of Democracy and Sovereignty = 125
5. Legal Importance of the Commentary of Committee 1／2 = 127
6. The Right of Withdrawal and the Clausula rebus sic stantibus = 128
7. Withdrawal from the Judicial Community = 130
8. THE ORGANS OF THE UNITED NATIONS(General Remarks) = 136
1. The 'Principal' and 'Subsidiary' Organs = 136
2. The Organs Not Referred to in Chapter Ⅲ of the Charter = 145
3. 'Organ' and 'Member' = 149
4. States and Individuals as Organs(Indirect and Direct International Organs) = 149
5. The Scope of Article 8 = 152
6. Competence of an Organ as Right or as Duty = 154
9. THE GENERAL ASSEMBLY = 155
1. Organisation = 155
2. Procedure = 176
A. Sessions = 176
B. Voting = 179
C. Differences between the procedure of the General Assembly and that of the Security Council = 192
3. Competence(General Remarks) = 193
A. Legal and political competence = 193
B. Competence under Article 10 = 198
C. Competence under Article 11 = 200
D. Competence under Article 14 = 208
E. Revision of treaties = 211
F. Competence under Article 13 = 214
G. Exclusive, common, concurrent competence = 215
10. THE SECURITY COUNCIL = 219
1. Organisation = 219
A. Permanent and non-permanent membership = 219
B. Temporary membership = 222
C. Representation = 233
D. Presidency = 236
2. Procedure = 237
A. Sessions = 237
B. Voting = 239
(a) The 'concurring votes of the permanent members'(veto right) = 239
(b) Quorum = 244
(c) The vote of the temporary member under Article 44 = 245
(d) Procedural and non-procedural matters = 245
(e) The statement of the Four Sponsoring Powers on the voting procedure in the Security Council = 249
(f) Obligatory abstention from voting = 258
(g) Veto right outside the procedure in the Security Council = 264
(h) Voting on obligatory and non-obligatory functions = 264
(i) Incapacity of the Security Council to reach a decision = 265
(aa) Transfer of competence to the General Assembly = 266
(bb) Self-help = 269
(cc) Public opinion = 271
(dd) Solution outside the Security Council = 271
C. The 'primary responsibilities' of the Great Powers as justification of their veto right = 272
D. Progress as compared with the Covenant? = 273
E. Revision of the veto right of the permanent members of the Security Council = 277
3. Competence = 279
A. General determination of the competence of the Security Council(Article 24) = 279
B. Legal effect of the acts of the Security Council(Article 25) = 293
11. THE SECRETARY-GENERAL = 296
1. Election = 296
2. Competence = 302
3. Legal Status of the Members of the Secretariat = 307
A. International character = 307
B. Relationship between the Secretary-General and the members of the staff = 310
C. Contractual character = 313
D. Privileges and immunities = 314
E. Private or public law? = 318
12. REGIONAL ARRANGEMENTS = 319
1. Regional Organisation = 319
A. Arrangements and agencies = 319
B. Matters appropriate for regional action = 320
C. Compatibility of regional arrangements with the Charter = 321
2. Special Competence of the Regional Organisations = 324
A. Settlement of local disputes = 324
B. Enforcement actions = 326
13. LEGAL STATUS OF THE ORGANISATION = 329
1. General Remarks = 329
2. International Agreements to be Concluded by the United Nations(Juridical Personality of the Organisation under International Law) = 330
3. Juridical Personality of the Organisation under the National Law of the Members = 336
4. Privileges and Immunities = 337
5. Legal Status of the Seat of the United Nations = 348
PART THREE FUNCTIONS OF THE UNITED NATIONS
14. QUASI-JUDICIAL SETTLEMENT OF DISPUTES AND ADJUSTMENT OF OTHER SITUATIONS = 359
1. The General Provisions = 359
2. The Procedures for the Quasi-Judicial Settlement of Disputes and the Adjustment of other Situations = 372
A. Settlement by the Security Council = 372
(a) Procedures instituted by the parties = 373
(b) Procedures instituted by the Security Council = 387
(C) Procedures initiated by the General Assembly and by the Secretary-General = 431
(d) Procedure for settlement of local disputes = 433
(e) Settlement under Article 39 = 437
(f) Settlement under Article 94 = 444
(g) Legal effect of recommendations of the Security Council = 444
B. Settlement by the General Assembly = 450
15. JUDICIAL SETTLEMENT OF DISPUTES(THE INTERNATIONAL COURT OF JUSTICE) = 463
1. General Remarks = 463
2. The Organisation of the Court = 466
A. The election of the judges = 466
B. The qualification of the judges = 471
C. The seat of the Court = 475
D. The Court as 'principal judicial organ of the United Nations' = 476
3. Legal and Political Disputes = 477
4. The Jurisdiction of the Court = 483
A. Only states parties before the Court = 483
B. The states to which the Court is open : the members of the judicial community = 489
C. Rights and duties of the members of the judicial = 499
D. Compulsory jurisdiction? = 516
5. The Law to be Applied by the Court = 531
6. The Procedure of the Court = 534
7. Execution of Judicial Decisions = 539
8. Advisory Opinions = 545
16. PROTECTION OF NON-SELF-GOVERNING PEOPLES(Chapters XI, XII, XIII of the Charter) = 550
1. Non-Self-Governing Territories Not Placed under the Trusteeship System(Chapter XI) = 550
2. The Trusteeship System = 566
A. Functions and obligations = 566
(a) Trusteeship and mandate = 566
(b) The territories to be placed under trusteeship = 570
(c) The trusteeship agreements = 578
(d) The approval of the trusteeship agreements = 606
(e) Functions of supervision = 609
(f) Obligations of administration = 631
(aa) Obligations of the administering authority under Chapter XI = 631
(bb) Obligations of the administering authority under Article 76 = 635
(cc) Other obligations of the administering authority = 641
(g) Differences between strategic and non-strategic trust territories = 649
(h) The Organisation as administering authority = 651
B. Alteration and termination of the trusteeship status = 653
C. The Trusteeship Council = 661
(a) Organisation and procedure = 661
(b) Relationship of the Trusteeship Council to the General Assembly, the Security Council, and other organs of the United Nations = 669
(c) Competence of the Trusteeship Council outside the scope of the trusteeship system = 684
D. Sovereignty = 688
E. Sanctions = 694
17. REGISTRATION AND PUBLICATION OF TREATIES = 696
1.The Obligation of the Members to Submit all Treaties to Registration = 696
2. The Function of the Organisation of Registering and Publishing Treaties = 698
18. SANCTIONS = 706
1.The Concept of 'Sanction' = 706
2. Expulsion from the Organisation = 710
3. Suspension from the Exercise of the Rights of Membership = 712
4. The Effect of Expulsion = 714
5. Suspension of the Right of Voting in the General Assembly = 717
6. The Sanction for Non-Compliance with a Judgment of the International Court of Justice = 720
7. The Sanction for Non-Registration of Treaties = 721
8. Enforcement Measures = 724
9. Sanctions or Political Measures? = 732
10. Collective or Individual Responsibility = 738
11. Provisional Measures = 739
12. The Execution of the Enforcement Measures = 744
13. The Joint Action under Article 106 = 756
14. International Police Force? = 762
19. LIMITATIONS ON THE FUNCTIONS OF THE ORGANISATION = 769
1. Domestic Jurisdiction(Article 2, paragraph 7) = 769
2. Self-Defence(Article 51) = 791
3. Action in relation to Former Enemy States(Articles 53, 107) = 805
20. AMENDMENTS = 816
1. Amendments to the Charter in the Narrower Sense of the Term = 816
2. Amendments to the Statute of the International Court of Justice = 823
21. THE ASSURANCE OF THE INTEGRITY AND INDEPENDENCE OF TRIESTE AND THE GOVERNMENT OF THIS COMMUNITY AS FUNCTIONS OF THE UNITED NATIONS = 825
1. The Functions Conferred upon the United Nations by the Peace Treaty with Italy = 825
2. The Competence of the United Nations to Assume and Carry out the Functions Conferred on it by the Peace Treaty with Italy = 832
APPENDICES
1. TEXT OF THE CHARTER OF THE UNITED NATIONS = 839
2. TEXT OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE = 866
References to Articles of the Charter = 881
References to Articles of the Statute = 888
Index = 891
