Decree No. 30 / 1947 Coll.
Decree on the Charter of the United Nations and the Statute of the International Court of Justice, negotiated on 26 June 1945 at the United Nations Conference on International Organisation, held in San Francisco
Valid
Effective from 13.03.1947
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30.
Decree of the Minister for Foreign Affairs
of 16 January 1947
on the Charter of the United Nations and the Statute of the International Court of Justice, negotiated on 26 June 1945 at the United Nations Conference on International Organisation, held in San Francisco.
At the United Nations Conference on International Organisation, held in San Francisco on 25 April - 26 June 1945, the States represented at the Conference were negotiated and the United Nations Charter signed on 26 June 1945, together with the Statute of the International Court of Justice. The charter with the Statute was ratified by the President of the Republic on 19 September 1945 and the instrument of ratification was deposited with the Government of the United States of America on 19 October 1945.
The Statute Charter became effective pursuant to Article 110 on 24 October 1945.
As former members of the United Nations, the Charter has been ratified by the following states: the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britannia and Northern Ireland, the United States of America, Argentina, Brazil, the Belarusian Soviet Socialist Republic, Chile, Cuba, the Czechoslovak Republic, Denmark, the Dominican Republic, Egypt, Salvador, Haiti, Iran, Lebanon, Luxembourg, New Zealand, Nicaragua, Paraguay, Philippines, Poland, Saudi Arabia, Syria, Turkey, Ukrainian Soviet Socialist Republic, Jugoslavia, Greece, India, Peru, Australia, Liberia, Costa Rica, Colombia, South Africa Union, Mexico, Canada, Panama, Habesh, Bolivia, Venezuela, Guatemala, Norway, Nizoras, Honduras, Uruguay, Ecuador, Ecuador, Ecuador, Ecuador, Ecuador and Belgium.
In addition (pursuant to Article 4 of the Charter), the following countries have been adopted as members of the United Nations: Iceland, Afghanistan, Sweden and Siam.
The Charter and the Statute were negotiated in English, French, Chinese, Russian and Spanish. The original texts were published by the photostatic (facsimile) State Department of the United States of America; in the Official Journal, it will be announced where this five-language publication can be purchased.
The English translation of the Charter and the Statute shall be published in the Annex to this Order.
Dr Clementis v. r.
State Secretary of the Ministry of Foreign Affairs.
Annex to Decree No. 30 / 1947 Coll.
(Translation)
CHART OF UNITED COUNTRIES
WE, THE PEOPLE OF THE UNITED COUNTRIES, ARE DEPARTED
To protect the future generations of the scourge of war, which, twice in our lifetime, brought untold suffering to mankind,
declare once again your faith in fundamental human rights, the dignity and value of human personality, the equal rights of men and women and of nations large and small,
establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be preserved; and
promote social progress and improve living standards in greater freedom,
AND THE OBJECTIVES
to grow tolerance and to live together in peace as good neighbors,
unite their forces to maintain international peace and security,
accept principles and implement methods to ensure that the armed forces are not used but in the common interest; and
use the international apparatus to promote the economic and social ascension of all nations;
We have decided to share our efforts to achieve these purposes.
That is why our governments, through their representatives who have gathered in San Francisco and submitted their powers of attorney, which have been found to be in good and proper form, have agreed on this Charter of the United Nations and establish this international organisation called the United Nations.
CHAPTER I
Objectives and principles.
The objectives of the United Nations are as follows:
1. maintain international peace and security and to this end the objective of undertaking effective collective action in order to prevent and eliminate threats to peace and to undermine acts of aggression or other violations of peace and to achieve peaceful means and in accordance with the principles of justice and international law, the regulation or resolution of those international disputes or situations which could lead to violations of peace;
2. develop friendly relations between nations, based on respect for the principle of equality and self-determination of nations, and take other appropriate measures to strengthen world peace;
3. carry out international synergies by addressing international problems of economic, social, cultural or humanitarian nature and by promoting and enhancing respect for human rights and fundamental freedoms for all without distinction of breed, sex, language or religion; and
4. be a centre that would bring the nation's actions into line in achieving these common objectives.
The organisation and its members, following the objectives declared in Article 1, shall act according to the following principles:
1. The organisation shall be based on the principle of sovereign equality of all its members.
2. All members fulfil the fair commitments they have made under this Charter in order to ensure the rights and benefits of membership for themselves.
3. All members settle their international disputes by peaceful means so that international peace and security and justice are not threatened.
4. All members avoid, in their international contacts, threats of violence or the use of violence, whether against territorial integrity or political independence of any State, in any other way incompatible with the objectives of the United Nations.
5. All members shall provide all assistance to the United Nations Organisation for any action it takes under this Charter and shall refrain from providing assistance to any State against which the United Nations Organisation is taking preventive or coercive action.
6. The Organisation will ensure that countries that are not members of the United Nations act according to these principles, if necessary to maintain international peace and security.
7. Nothing in this Charter gives the organisation of the United Nations the right to intervene in matters which are substantially within the internal competence of the States, nor does it oblige members to submit such matters to a solution under this Charter; However, this principle shall not prevent enforcement measures under Chapter VII from being applied.
CHAPTER II.
Membership.
The original members of the United Nations are those States which, taking part in the United Nations Conference on International Organisation in San Francisco or having signed the United Nations Declaration of 1 January 1942, shall sign and ratify this Charter pursuant to Article 110.
1. All peaceful states that accept the commitments contained in this Charter and, according to the Organisation's court, are eligible and willing to fulfil those commitments may be admitted as members.
2. The adoption of each such State as a member of the United Nations shall be decided by the General Assembly on a recommendation from the Security Council.
A member of the United Nations against whom preventive or coercive action has been taken by the Security Council may, on its recommendation by the General Assembly, be deprived of the exercise of membership rights and privileges. The exercise of these rights and privileges may be renewed by the Security Council.
A member of the United Nations, who is still violating the principles of this Charter, may be excluded from the Organisation by the General Assembly on a recommendation from the Security Council.
CHAPTER III.
Organs.
1. The main bodies of the United Nations are hereby established: the General Assembly, the Security Council, the Economic and Social Council, the Convicted Council, the International Court of Justice and the Secretariat.
2. According to this Charter, auxiliary bodies may be established which would prove necessary.
The Organisation of the United Nations shall not impose any restrictions on the eligibility of men and women as regards equal participation in any function in its main and auxiliary bodies.
CHAPTER IV.
General Assembly.
Composition.
1. The General Assembly shall consist of all members of the United Nations.
2. Each member shall have a maximum of five representatives in the General Assembly.
Tasks and authority.
The General Assembly may discuss any questions or matters which fall within the scope of this Charter or concern the powers and tasks of the institutions provided for by this Charter and may, with the exception of the provisions of Article 12, make recommendations to the members of the United Nations, the Security Council or to that at the same time on all such issues or matters.
1. The General Assembly may discuss the general principles of synergies for the maintenance of international peace and security, including those governing disarmament and arms control, and may make recommendations on these principles to members, the Security Council or the Security Council at the same time.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security submitted to it by a member of the United Nations or by the Security Council or pursuant to Article 35, paragraph 2, by a State which is not a member of the United Nations, and, with the exception of the provisions of Article 12, may make recommendations to the State or States to which the matter relates, or to the Security Council, or to that at the same time. Any question in which action is needed shall be referred to the Security Council by the General Assembly either before or after the debate.
3. The General Assembly may draw the attention of the Security Council to situations which could jeopardise international peace and security.
4. The powers of the General Assembly provided for in this Article shall not limit the general scope of Article 10.
1. Where the Security Council carries out the tasks assigned to it by this Charter in respect of any dispute or situation, the General Assembly shall not make any recommendation by the parties to such dispute or situation unless the Security Council so requests.
2. The Secretary-General shall, in agreement with the Security Council, report to the General Assembly at each meeting on all matters relating to the maintenance of international peace and security and discussed by the Security Council; and likewise immediately inform the General Assembly or, if it does not sit, the members of the United Nations as soon as the Security Council ceases to act on such a matter.
1. The General Assembly shall initiate studies and make recommendations with the aim of:
(a) to promote international synergies in the political field and to strengthen progress in the development and codification of international law;
(b) to promote international synergies in the field of economic, social, cultural, educational and health and to facilitate the exercise of human rights and fundamental freedoms for all without distinction of breed, sex, language or religion.
2. The other responsibilities, tasks and powers of the General Assembly in the matters referred to in paragraph 1 (b) above are set out in Chapters IX and X.
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful treatment of any situation of any origin, if it considers that it could jeopardise the general well-being or friendship between nations, including situations arising from the violation of the provisions of this Charter which determine the objectives and principles of the United Nations.
1. The General Assembly shall receive and discuss annual and special reports from the Security Council; Such reports shall include reports of the measures decided upon by the Security Council or taken to maintain international peace and security.
2. The General Assembly shall receive and discuss reports from other United Nations bodies.
The General Assembly shall perform the tasks assigned to it in Chapters XII and XIII in the system of international detention, including the approval of detention conventions for areas not designated as of military importance.
1. The General Assembly shall discuss and approve the budget of the Organisation.
2. The costs of the Organisation shall be borne by the members according to the schedule adopted by the General Assembly.
3. The General Assembly shall discuss and approve financial and budgetary agreements with the specific bodies concerned in Article 57 and shall examine the administrative budgets of such special bodies and make recommendations to that effect.
Vote.
1. Each member of the General Assembly shall have one vote.
2. The General Assembly shall decide on important issues by a two-thirds majority of the members present and voting. Among such issues are: recommendations concerning the maintenance of international peace and security, the election of unstable members of the Security Council, the election of members of the Economic and Social Council, the election of members of the Conviction Council as referred to in paragraph 1 (c) of Article 86, the admission of new members to the organisation of the United Nations, the establishment of membership rights and privileges, the exclusion of members, the questions concerning the effectiveness of the system of defence and budgetary issues.
3. Other issues, such as determining additional classes of questions to be decided by a two-thirds majority, shall be decided by a majority of the members present and voting.
A member of the United Nations who is late in paying his contributions to the Organisation shall not be entitled to vote in the General Assembly if the amount of his arrears is equal to or greater than the amount of his contributions for the previous two full years. The General Assembly may nevertheless allow such a member to vote if it is convinced that the default is due to circumstances which are not in the member's power.
Driving.
The General Assembly shall meet at regular annual meetings and such special meetings as they require. Special meetings shall be convened by the Secretary-General at the request of the Security Council or of a majority of the members of the United Nations.
The General Assembly shall act on its Rules of Procedure. It shall elect its President for each meeting.
The General Assembly may set up such auxiliary bodies as are required by its court to carry out its tasks.
CHAPTER V.
Security Council.
Composition.
The Security Council shall consist of eleven members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America are permanent members of the Security Council. The General Assembly elects six other members of the United Nations as unstable members of the Security Council, looking, in particular, at how the members of the United Nations contribute to the preservation of international peace and security, to the other objectives of the Organisation, as well as to a fair distribution in geographical terms.
2. The unstable members of the Security Council shall be elected for a term of two years. However, in the first election of unstable members, three will be elected for a period of one year. The performing member cannot be re-elected immediately.
3. Each member of the Security Council shall have one representative.
Tasks and authority.
1. In order to ensure the rapid and effective action of the organisation of the United Nations, its members shall give the Security Council basic responsibility for maintaining international peace and security, and shall agree that the Security Council, acting under that responsibility, shall act on their behalf.
2. In carrying out these duties, the Security Council shall act according to the objectives and principles of the United Nations. The special powers conferred on the Security Council for the performance of these duties shall be those laid down in Chapters VI, VII, VIII and XII.
(3) The Security Council shall submit to the General Assembly for consideration of the annual and, where appropriate, special reports.
There is agreement among the members of the United Nations to take and comply with the Security Council's decisions under this Charter.
The Security Council shall have the task of drawing up, with the assistance of the Committee of Military Staff, the plans for the establishment of an arms adjustment system, with the assistance of the Military Staff Committee, referred to in Article 47, and of presenting to the members of the United Nations, plans for the establishment of an arms control system in order to provide international peace and security with a solid basis and duration, and in so doing to carry as little of the world's human and economic resources as possible.
Vote.
1. Each member of the Security Council shall have one vote.
2. Management matters shall be decided by the Security Council by a vote of seven.
3. In all other matters, the Security Council shall decide by a positive vote of seven members, in which case the votes of all permanent members; However, in decisions under Chapter VI and paragraph 3 of Article 52, the Party shall abstain in the dispute.
1. The Security Council shall be organised in such a way as to be able to operate continuously. Each member of the Security Council is still represented to that end at the headquarters of the Organisation.
2. The Security Council shall hold regular meetings at which each member of the Security Council may, if he wishes, be represented by a member of the Government or other representative specifically designated.
3. The Security Council may also hold meetings elsewhere than at the seat of the Organisation, where it will make its activities most easier after its trial.
The Security Council may set up such subsidiary bodies as are required by its court to carry out its tasks.
The Security Council shall act on its Rules of Procedure, including the way in which its President is elected.
Any member of the United Nations who is not a member of the Security Council may, without the right of voice, participate in the debate on any issue raised against the Security Council whenever it considers that the interests of that member are particularly affected.
If a member of the United Nations who is not a member of the Security Council is a party to a dispute negotiated by the Security Council, or a State which is not a member of the United Nations, he shall be invited to attend the dispute without the right of voice. For the participation of a State which is not a member of the United Nations, the Security Council shall determine the conditions which it considers appropriate.
CHAPTER VI.
Peaceful settlement of disputes.
1. In a dispute whose duration could jeopardise the maintenance of international peace and security, the parties will, in particular, seek to resolve it by negotiating, investigating, brokering, conciliation, arbitration or judicial proceedings, by the use of institutions or by arrangements of regional or other peaceful means of their choice.
2. The Security Council, if it considers it necessary, shall request the parties to settle their dispute by such means.
The Security Council may conduct investigations into any dispute or situation which may lead to international friction or to the ability to dispute in order to determine whether the duration of the dispute or the situation could jeopardise the maintenance of international peace and security.
1. Any member of the United Nations may draw the attention of the Security Council or the General Assembly to any dispute or any situation of character at issue in Article 34.
2. A State which is not a member of the United Nations may draw the attention of the Security Council or the General Assembly to any dispute in which it is a party if it accepts in advance, in respect of the dispute, the commitments of a peaceful solution provided for by this Charter.
3. The General Assembly's deliberations in matters brought to its attention under this Article shall be governed by the provisions of Articles 11 and 12.
1. The Security Council may, at any time of the dispute at issue in Article 33 or in a similar situation, recommend appropriate management or adjustment procedures.
2. The Security Council shall take into account, on a compulsory basis, all management arrangements already adopted by the Parties to resolve the dispute.
3. In making recommendations under this Article, the Security Council shall also take due account of the fact that a general rule of legal dispute is to be brought before the International Court of Justice under the provisions of its Statute.
1. If, in a dispute at issue in Article 33, the parties fail to settle it by the means indicated in this Article, they shall raise it to the Security Council.
2. If the Security Council considers that the duration of the dispute could in fact jeopardise the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such conditions as it considers appropriate.
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if requested by all parties in the dispute, make recommendations for peaceful resolution of the dispute.
CHAPTER VII.
Action to threaten peace, breach of peace and offensive acts.
The Security Council shall determine whether there is a threat to peace, breach or offensive action and shall recommend or decide what measures are to be taken pursuant to Articles 41 and 42 in order to maintain or restore international peace and security.
In order to prevent the deterioration of the situation, the Security Council may, before making a recommendation or taking a decision on the measures provided for in Article 39, invite the parties in charge to take the provisional measures it considers necessary or desirable. Such provisional measures shall not prejudice the rights, claims or position of the parties in question. If such interim measures are not taken, the Security Council shall take due account of this.
In order to make the Security Council more effective by its resolution, it may decide what measures, other than the use of the armed forces, are to be used and may invite members of the United Nations to implement such measures. They may include a complete or partial interruption of economic contacts, links between rail, sea, air, postal, telegraph, radio or other and the interruption of diplomatic relations.
If the Security Council considers that the measures provided for in Article 41 would not be sufficient, or if they were insufficient, it could take such action by air, sea or ground forces as is necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other operations by air, sea or land forces of members of the United Nations.
1. In order to contribute to the preservation of international peace and security, all members of the United Nations undertake to provide the Security Council, under special or specific arrangements, with the armed forces, assistance and means needed to maintain international peace and security, including the right of passage.
2. Such arrangements or arrangements shall determine the numbers and types of forces, the degree of alert and the distribution of resources and assistance to be delivered.
3. These arrangements will be made as soon as possible at the initiative of the Security Council. They shall be negotiated by the Security Council with members or groups of members and shall be subject to ratification by the signatory States in accordance with their constitutional requirements.
If the Security Council decides to use the power before calling on a member of the Council not represented to provide the armed forces to fulfil the obligations assumed under Article 43, it shall invite it, if it so wishes, to participate in the Security Council's decision on the use of its armed forces' contingent.
In order to allow the United Nations to take urgent military measures, members shall maintain the immediately applicable national aviation contingent for a joint international enforcement action. Their strength, degree of alert and plans for their joint action shall be determined by the Security Council, assisted by the Military Staff Committee, within the limits set by the specific arrangements or arrangements concerned in Article 43.
Plans for using armed forces shall be drawn up by the Security Council with the assistance of the Military Staff Committee.
1. A committee of military staff shall be set up to assist the Security Council in all matters relating to the military needs of the Security Council regarding the maintenance of international peace and security, the use of force and command to the forces provided to it, the modification of arms and possible disarmament.
2. The Committee of Military Staff shall consist of the Joint Chiefs of Staff of the Permanent Security Council or their representatives. If an effective implementation of the task of the Committee requires a member of the United Nations to participate permanently in its work, the Committee shall invite him to participate.
3. The Committee of Military Staff shall be responsible, under the responsibility of the Security Council, for the strategic direction of all armed forces provided to the Security Council. Questions concerning the command of these forces will be addressed later.
4. The Committee of Military Staff may, with the authorisation of the Security Council and after consulting the relevant regional authorities, set up subcommittees.
1. The actions needed to implement the Security Council's decision to maintain international peace and security shall be carried out by all or some members of the United Nations, as determined by the Security Council.
2. Such decisions shall be implemented directly by the members of the United Nations and by their action in the relevant international bodies of which they are members.
In implementing the measures decided by the Security Council, the members of the United Nations shall assist each other.
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Regulation Information
| Citation | Decree No. 30 / 1947 Coll., on the Charter of the United Nations and the Statute of the International Court of Justice, negotiated on 26 June 1945 at the United Nations Conference on International Organisation, held in San Francisco |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.03.1947 |
|---|---|
| Effective from | 13.03.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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